Transcript of Proceedings held on 11/03/2016, before Judge Charles R. Breyer. Court Reporter Rhonda Aquilina, rhondaaquilina@aol.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (2151 in 3:15-md-02672-CRB) Transcript Order, (2146 in 3:15-md-02672-CRB) Transcript Order ) Release of Transcript Restriction set for 2/6/2017. (Aquilina, Rhonda) (Filed on 11/7/2016) (Entered: 11/07/2016)
ORDER by Judge Charles R. Breyer granting (1456) Motion to Withdraw as Attorney and be removed from service list in case 3:15-md-02672-CRB and relating to 15-cv-6026CRB. (beS, COURT STAFF) (Filed on 5/2/2016) (Entered: 05/02/2016)
Transcript of Proceedings held on 03/24/16, before Judge Breyer. Court Reporter Pamela A. Batalo, telephone number 626-688-7509;pamela_batalo@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (1382 in 3:15-md-02672-CRB) Transcript Order, (1366 in 3:15-md-02672-CRB) Transcript Order, (1380 in 3:15-md-02672-CRB) Transcript Order ) Redaction Request due 4/14/2016. Redacted Transcript Deadline set for 4/25/2016. Release of Transcript Restriction set for 6/22/2016. (Batalo, Pam) (Filed on 3/24/2016) (Entered: 03/24/2016)
PRETRIAL ORDER NO. 7: Order Appointing Plaintiffs' Lead Counsel, Plaintiffs' Steering Committee, and Government Coordinating Counsel. Signed by Judge Charles R. Breyer on January 21, 2016. (crblc4S COURT STAFF) (Filed on 1/21/2016) (Entered: 01/21/2016)
Case transferred in from District of Virginia Eastern; Case Number 1:15-cv-01218. Original file certified copy of transfer order and docket sheet received. (Entered: 12/28/2015)
Conditional Transfer Order from the Panel of Multidistrict Litigation. Case to be transferred to the Northern District of California. (gwalk, ) (Entered: 12/21/2015)
NOTICE by Volkswagen Group of America, Inc. re 117 MOTION Appointment As Lead Plaintiff And Approval Of Lead Counsel (Attachments: # 1 Exhibit)(McIntyre, Charles) (Entered: 12/15/2015)
Withdrawal of Motion by Volkswagen Investor Group re 114 MOTION Appointment of Volkswagen Investor Group as Lead Plaintiff and Approval of Co-Lead and Liaison Counsel (Devore, Joshua) (Entered: 12/15/2015)
NOTICE of Voluntary Dismissal re Cleveland University-KC f/k/a Cleveland Chiropractic College, et al. v. Volkswagen AG, et al., No. 1:15-cv-1376 by Cleveland University-KC, The Cleveland Chiropractic College Foundation (Devore, Joshua) (Entered: 12/15/2015)
NOTICE by Arkansas State Highway Employees Retirement System re 117 MOTION Appointment As Lead Plaintiff And Approval Of Lead Counsel Notice of Waiver of Argument (Podolsky, Susan) (Entered: 12/14/2015)
REPLY to Response to Motion re 117 MOTION Appointment As Lead Plaintiff And Approval Of Lead Counsel filed by Arkansas State Highway Employees Retirement System. (Podolsky, Susan) (Entered: 12/14/2015)
ORDER granting 131 Motion to Vacate. The 12/14/15 deadline is VACATED. Signed by District Judge Liam O'Grady on 12/14/15. (gwalk, ) (Entered: 12/14/2015)
NOTICE by The George Leon Family Trust re 113 NOTICE Notice of Filing of Withdrawal by The George Leon Family Trust. (Attachments: # 1 Exhibit 1: Notice of Withdrawal)(Hanna, Mark) (Entered: 12/11/2015)
Memorandum in Support re 131 MOTION to Vacate 22 Order,,,,,,,,,,,, Motion to Vacate Deadline filed by Volkswagen Group of America, Inc.. (Abrams, Kenneth) (Entered: 12/10/2015)
Opposition to 114 MOTION Appointment of Volkswagen Investor Group as Lead Plaintiff and Approval of Co-Lead and Liaison Counsel , 113 NOTICE, 109 MOTION Appointment as Lead Plaintiff for Securities Cases Nos. 1:15cv1228 & 1:15cv1376 as well as in opposition to motion for appointment as lead plaintiff filed by George Leon Family Trust filed by Arkansas State Highway Employees Retirement System. (Podolsky, Susan) (Entered: 12/08/2015)
Summons Issued as to Audi of America, Inc., Volkswagen Group of America, Inc., Volkswagen Of America, Inc. (Attachments: # 1 Letter)(jlan) (Entered: 12/07/2015)
ORDER - Case no. 1:15-cv-1592shall be consolidated with case no. l:15-cv-1218 for all pre-trial purposes. Signed by District Judge Liam O'Grady on 12/03/2015. (dvanm, ) (Entered: 12/04/2015)
ORDER that this case - case no. 1:15- cv-1516 shall be consolidated with case no. l:15-cv-1218 for all pre-trial purposes. ORDERED that all pleadings, motions and other documents hereafter filed by any of the parties in connection with this case shall bear the caption, "In re: Volkswagen "Clean Diesel' Cases," and shall bear the consolidated case number (i.e. 1:15-cv-l 218), and all pleadings, motions and other documents shall be filed by the parties and Clerk of the Court under this case number only. Finally, the Defendant need not file an answer until after the JPML has ruled on In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, MDL No. 2672. Signed by District Judge Liam O'Grady on 12/3/15. (klau, ) (Entered: 12/04/2015)
Withdrawal of Motion by Charter Township of Clinton Police and Fire Retirement System, Chester County Employees Retirement Fund, Delaware County Employees Retirement System re 109 MOTION Appointment as Lead Plaintiff for Securities Cases Nos. 1:15cv1228 & 1:15cv1376 (Reilly, Craig) (Entered: 12/04/2015)
ORDER - Case no. 1:15-cv-1483shall be consolidated with case no. l:15-cv-1218 for all pre-trial purposes. Signed by District Judge Liam O'Grady on 12/03/2015. (dvanm, ) (Entered: 12/03/2015)
NOTICE by Volkswagen Group of America, Inc. re 114 MOTION Appointment of Volkswagen Investor Group as Lead Plaintiff and Approval of Co-Lead and Liaison Counsel , 113 NOTICE, 117 MOTION Appointment As Lead Plaintiff And Approval Of Lead Counsel , 109 MOTION Appointment as Lead Plaintiff for Securities Cases Nos. 1:15cv1228 & 1:15cv1376 (Abrams, Kenneth) (Entered: 11/25/2015)
Notice of Hearing Date December 18, 2015 re 117 MOTION Appointment As Lead Plaintiff And Approval Of Lead Counsel (Podolsky, Susan) (Entered: 11/24/2015)
Memorandum in Support re 117 MOTION Appointment As Lead Plaintiff And Approval Of Lead Counsel filed by Arkansas State Highway Employees Retirement System. (Attachments: # 1 Affidavit Declaration of Susan R. Podolsky and Exhibits in support of Motion for Appointment as Lead Plaintiff and Approval of Lead Counsel)(Podolsky, Susan) (Entered: 11/24/2015)
MOTION Appointment As Lead Plaintiff And Approval Of Lead Counsel by Arkansas State Highway Employees Retirement System. (Attachments: # 1 Proposed Order)(Podolsky, Susan) (Entered: 11/24/2015)
Memorandum in Support re 114 MOTION Appointment of Volkswagen Investor Group as Lead Plaintiff and Approval of Co-Lead and Liaison Counsel filed by Volkswagen Investor Group. (Devore, Joshua) (Entered: 11/24/2015)
MOTION Appointment of Volkswagen Investor Group as Lead Plaintiff and Approval of Co-Lead and Liaison Counsel by Volkswagen Investor Group. (Attachments: # 1 Proposed Order)(Devore, Joshua) (Entered: 11/24/2015)
NOTICE by The George Leon Family Trust of Filing of Motion for Consolidation, Motion for Appointment as Lead Plaintiff, and Motion for Approval of Counsel (Attachments: # 1 Exhibit A to Notice of Filing)(Hanna, Mark) (Entered: 11/24/2015)
Notice of Hearing Date set for December 18, 2015 re 109 MOTION Appointment as Lead Plaintiff for Securities Cases Nos. 1:15cv1228 & 1:15cv1376 (Reilly, Craig) (Entered: 11/24/2015)
Memorandum in Support re 109 MOTION Appointment as Lead Plaintiff for Securities Cases Nos. 1:15cv1228 & 1:15cv1376 filed by Charter Township of Clinton Police and Fire Retirement System, Chester County Employees Retirement Fund, Delaware County Employees Retirement System. (Reilly, Craig) (Entered: 11/24/2015)
MOTION Appointment as Lead Plaintiff for Securities Cases Nos. 1:15cv1228 & 1:15cv1376 by Chester County Employees Retirement Fund, Delaware County Employees Retirement System, Charter Township of Clinton Police and Fire Retirement System. (Attachments: # 1 Proposed Order)(Reilly, Craig) (Entered: 11/24/2015)
ORDER granting 97 Motion to appear Pro Hac Vice by Robert J. Giuffra, Jr. and Certification of Local Counsel Kenneth W. Abrams. Signed by District Judge Liam O'Grady on 11/24/2015. (jlan) (Entered: 11/24/2015)
ORDER granting 96 Motion to appear Pro Hac Vice by George R. Painter IV and Certification of Local Counsel Kenneth W. Abrams. Signed by District Judge Liam O'Grady on 11/24/2015. (jlan) (Entered: 11/24/2015)
ORDER granting 94 Motion to appear Pro Hac Vice by William Brian Monahan and Certification of Local Counsel Kenneth W. Abrams. Signed by District Judge Liam O'Grady on 11/24/2015. (jlan) (Entered: 11/24/2015)
ORDER granting 98 Motion to appear Pro Hac Vice by Suhana Han and Certification of Local Counsel Kenneth W. Abrams. Signed by District Judge Liam O'Grady on 11/24/2015. (jlan) (Entered: 11/24/2015)
Summons Issued to be served by SPS as to Volkswagen AG. (Service Package mailed to Requesting Counsel for service.) (Attachments: # 1 Letter)(jlan) (Entered: 11/20/2015)
ORDER granting 74 Motion to appear Pro Hac Vice by Michael L. Baum and Certification of Local Counsel Peter A. Miller. Signed by District Judge Liam O'Grady on 11/16/2015. (jlan) (Entered: 11/20/2015)
ORDER granting 72 Motion to appear Pro Hac Vice by Alison Davis and Certification of Local Counsel Rachelle Hill. Signed by District Judge Liam O'Grady on 11/16/2015. (jlan) (Entered: 11/20/2015)
Motion to appear Pro Hac Vice by Suhana Han and Certification of Local Counsel Kenneth W. Abrams Filing fee $ 75, receipt number 0422-4737581. by Volkswagen Group of America, Inc.. (Abrams, Kenneth) (Entered: 11/19/2015)
Motion to appear Pro Hac Vice by Robert J. Giuffra, Jr. and Certification of Local Counsel Kenneth W. Abrams Filing fee $ 75, receipt number 0422-4737579. by Volkswagen Group of America, Inc.. (Abrams, Kenneth) (Entered: 11/19/2015)
Motion to appear Pro Hac Vice by George R. Painter IV and Certification of Local Counsel Kenneth W. Abrams Filing fee $ 75, receipt number 0422-4737576. by Volkswagen Group of America, Inc.. (Abrams, Kenneth) (Entered: 11/19/2015)
Waiver of re 87 MOTION for Protective Order for Notice of Waiver of Oral Argument on Plaintiffs' Motion for Entry of Proposed Protective Order by Kirk Steffensen (Dolan, William) (Entered: 11/19/2015)
Motion to appear Pro Hac Vice by William Brian Monahan and Certification of Local Counsel Kenneth W. Abrams Filing fee $ 75, receipt number 0422-4737383. by Volkswagen Group of America, Inc.. (Abrams, Kenneth) (Entered: 11/19/2015)
Waiver of re 85 MOTION for Protective Order Notice of Waiver of Oral Argument by Volkswagen Group of America, Inc. (Abrams, Kenneth) (Entered: 11/19/2015)
ORDER denying 46 Motion for Leave to File; ORDERED that Plaintiffs are advised that filings in this matter shall be coordinated through Plaintiffs interim lead counsel pending the decision of the Judicial Panel on Multidistrict Litigation. Signed by Magistrate Judge Michael S. Nachmanoff on 11/18/2015. (jlan) (Entered: 11/18/2015)
Affidavit of Service Returned Executed as to Jan Bures served on 11/8/2015, answer due 11/30/2015 (klau, ) Modified text on 11/17/2015 (klau, ). (Entered: 11/17/2015)
Withdrawal of 84 Notice of Hearing Date for 46 First MOTION for Leave to File an Amended Complaint (Attachments: # 1 Exhibit, # 2 Proof of Service)(Harty, William) Modified text on 11/16/2015 (jlan) (Entered: 11/16/2015)
Memorandum in Support re 87 MOTION for Protective Order filed by Kirk Steffensen. (Attachments: # 1 Exhibit A - Proposed Protective Order, # 2 Exhibit B)(Weitzner, Michael) (Entered: 11/13/2015)
Memorandum in Support re 85 MOTION for Protective Order filed by Volkswagen Group of America, Inc.. (Attachments: # 1 Exhibit Exhibit A)(Abrams, Kenneth) (Entered: 11/13/2015)
Notice of Hearing Date Notice of Hearing on Plaintiffs' Motion for Leave to File Amended Complaint re 46 First MOTION for Leave to File an Amended Complaint (Attachments: # 1 Proof of Service)(Harty, William) (Entered: 11/13/2015)
ORDER granting 60 Motion to appear Pro Hac Vice by Vineet Bhatia and Certification of Local Counsel William B. Porter. Signed by District Judge Liam O'Grady on 11/10/2015. (jlan) (Entered: 11/13/2015)
ORDER granting 59 Motion to appear Pro Hac Vice by Steven G. Sklaver and Certification of Local Counsel William B. Porter. Signed by District Judge Liam O'Grady on 11/10/2015. (jlan) (Entered: 11/13/2015)
ORDER granting 3 Motion to appear Pro Hac Vice by Jason Forge and Certification of Local Counsel James Wells Harrell. Signed by District Judge Liam O'Grady on 11/10/2015.(jlan) (Entered: 11/13/2015)
ORDER granting 3 Motion to appear Pro Hac Vice by Stacey Kamya Grigsby and Certification of Local Counsel James Wells Harrell. Signed by District Judge Liam O'Grady on 11/10/2015.(jlan) (Entered: 11/13/2015)
ORDER granting 3 Motion to appear Pro Hac Vice by Melissa Brooke Felder Zappala and Certification of Local Counsel James Wells Harrell. Signed by District Judge Liam O'Grady on 11/10/2015.(jlan) (Entered: 11/13/2015)
ORDER granting 3 Motion to appear Pro Hac Vice by Paul Jeffrey Geller and Certification of Local Counsel James Wells Harrell. Signed by District Judge Liam O'Grady on 11/10/2015.(jlan) (Entered: 11/13/2015)
ORDER granting 3 Motion to appear Pro Hac Vice by Scott Eric Gant and Certification of Local Counsel James Wells Harrell. Signed by District Judge Liam O'Grady on 11/10/2015.(jlan) (Entered: 11/13/2015)
ORDER granting 69 Motion to appear Pro Hac Vice by Marc M. Seltzer and Certification of Local Counsel William B. Porter. Signed by District Judge Liam O'Grady on 11/10/2015. (jlan) (Entered: 11/13/2015)
Motion to appear Pro Hac Vice by Michael L. Baum and Certification of Local Counsel Peter A. Miller Filing fee $ 75, receipt number 0422-4724698. by Dan Maldonado, Bill O'Brien. (Miller, Peter) (Entered: 11/12/2015)
ORDER, production of these documents shall not be ordered at this time. See Order for more details. Signed by District Judge Liam O'Grady on 11/10/2015. (rban, ) (Entered: 11/10/2015)
Motion to appear Pro Hac Vice by Robert Brent Wisner and Certification of Local Counsel Peter A. Miller. Filing fee $ 75, receipt number 0422-4716371. filed by Dan Maldonado, Bill O'Brien. (re-filed from 1:15-cv-1408) (gwalk, ) (Entered: 11/10/2015)
ORDER granting 47 Motion for Preservation of Evidence. Signed by District Judge Liam O'Grady on 11/9/15. (see order for details). (gwalk, ) (Entered: 11/09/2015)
Motion to appear Pro Hac Vice by Marc M. Seltzer and Certification of Local Counsel William B. Porter Filing fee $ 75, receipt number 0422-4719501. by Tiffany Ford, Mark Pomerantz. (Porter, William) (Entered: 11/09/2015)
ORDER granting 41 Motion to appear Pro Hac Vice by Lesley E. Weaver and Certification of Local Counsel Walter D. Kelley. Signed by District Judge Liam O'Grady on 11/04/2015. (jlan) (Entered: 11/09/2015)
ORDER granting 40 Motion to appear Pro Hac Vice by Whitney E. Street and Certification of Local Counsel Walter D. Kelley. Signed by District Judge Liam O'Grady on 11/04/2015. (jlan) (Entered: 11/09/2015)
ORDER granting 45 Motion to appear Pro Hac Vice by Sarah R. LaFreniere and Certification of Local Counsel Walter D. Kelley. Signed by District Judge Liam O'Grady on 11/04/2015. (jlan) (Entered: 11/09/2015)
ORDER granting 42 Motion to appear Pro Hac Vice by Michael D. Hausfeld and Certification of Local Counsel Walter D. Kelley. Signed by District Judge Liam O'Grady on 11/04/2015. (jlan) (Entered: 11/09/2015)
ORDER granting 43 Motion to appear Pro Hac Vice by James J. Pizzirusso and Certification of Local Counsel Walter D. Kelley. Signed by District Judge Liam O'Grady on 11/04/2015. (jlan) (Entered: 11/09/2015)
ORDER granting 44 Motion to appear Pro Hac Vice by James J. Pizzirusso and Certification of Local Counsel Walter D. Kelley. Signed by District Judge Liam O'Grady on 11/04/2015. (jlan) (Entered: 11/09/2015)
NOTICE by Kirk Steffensen re 22 Order,,,,,,,,,,,, of Proposed Electronic Discovery (Attachments: # 1 Exhibit A - Proposed ESI Protocol)(Weitzner, Michael) (Entered: 11/06/2015)
Motion to appear Pro Hac Vice by Vineet Bhatia and Certification of Local Counsel William B. Porter Filing fee $ 75, receipt number 0422-4718193. by Tiffany Ford, Mark Pomerantz. (Porter, William) (Entered: 11/06/2015)
Motion to appear Pro Hac Vice by Steven G. Sklaver and Certification of Local Counsel William B. Porter Filing fee $ 75, receipt number 0422-4718174. by Tiffany Ford, Mark Pomerantz. (Porter, William) (Entered: 11/06/2015)
SUMMONS Returned Executed Audi of America, Inc. served on 10/22/2015, answer due 11/12/2015; Volkswagen Group of America, Inc. served on 10/22/2015, answer due 11/12/2015 (Attachments: # 1 Letter)(jlan) (Entered: 11/05/2015)
SUMMONS Returned Executed Audi of America served on 10/26/2015, answer due 11/16/2015; Volkswagen Group of America, Inc. served on 10/26/2015, answer due 11/16/2015 (jlan) (Entered: 11/05/2015)
ORDERED that the following be, and the same hereby are, appointed and shall serve as Plaintiffs' Interim Co-Lead Counsel along with Mr. Dolan; Steven J. Toll, Joseph H. Meltzer, and David Thompson (See order for details). Signed by District Judge Liam O'Grady on 11/03/2015. (jlan) (Entered: 11/04/2015)
ORDER in re 26 Notice of Selection of Plaintiffs Interim Co-Lead Counsel (See order for details). Signed by District Judge Liam O'Grady on 11/03/2015. (jlan) (Entered: 11/04/2015)
MOTION re 22 Order,,,,,,,,,,,, for Entry of an Evidence Preservation Order by Kirk Steffensen. (Attachments: # 1 Proposed Order)(Dolan, William) (Entered: 11/02/2015)
First MOTION for Leave to File an Amended Complaint by Boris Darovsky, Jennifer K. Green, Stephanie R. Heinatz, Rudolph B. Heinatz, III, Lioudmila Kolomeets, Daniel Kolomeets-Darovsky. (Attachments: # 1 Amended Complaint, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Proof of Service)(Harty, William) (Entered: 11/02/2015)
Motion to appear Pro Hac Vice by Sarah R. LaFreniere and Certification of Local Counsel Walter D. Kelley Filing fee $ 75, receipt number 0422-4709590. by Maria Bourn, Mark Schumacher, The Center for Auto Safety, Stephen Verner, David Watson. (Attachments: # 1 Exhibit)(Kelley, Walter) (Entered: 11/02/2015)
Motion to appear Pro Hac Vice by James J. Pizzirusso and Certification of Local Counsel Walter D. Kelley Filing fee $ 75, receipt number 0422-4709577. by Maria Bourn, Mark Schumacher, The Center for Auto Safety, Stephen Verner, David Watson. (Attachments: # 1 Exhibit)(Kelley, Walter) (Entered: 11/02/2015)
Motion to appear Pro Hac Vice by Michael P. Lehmann and Certification of Local Counsel Walter D. Kelley Filing fee $ 75, receipt number 0422-4709573. by Maria Bourn, Mark Schumacher, The Center for Auto Safety, Stephen Verner, David Watson. (Attachments: # 1 Exhibit)(Kelley, Walter) (Entered: 11/02/2015)
Motion to appear Pro Hac Vice by Michael D. Hausfeld and Certification of Local Counsel Walter D. Kelley Filing fee $ 75, receipt number 0422-4709557. by Maria Bourn, Mark Schumacher, The Center for Auto Safety, Stephen Verner, David Watson. (Attachments: # 1 Exhibit)(Kelley, Walter) (Entered: 11/02/2015)
Motion to appear Pro Hac Vice by Lesley E. Weaver and Certification of Local Counsel Walter D. Kelley Filing fee $ 75, receipt number 0422-4709543. by Maria Bourn, Mark Schumacher, The Center for Auto Safety, Stephen Verner, David Watson. (Attachments: # 1 Exhibit)(Kelley, Walter) (Entered: 11/02/2015)
Motion to appear Pro Hac Vice by Whitney E. Street and Certification of Local Counsel Walter D. Kelley Filing fee $ 75, receipt number 0422-4709349. by Maria Bourn, Mark Schumacher, The Center for Auto Safety, Stephen Verner, David Watson. (Attachments: # 1 Exhibit)(Kelley, Walter) (Entered: 11/02/2015)
ORDER granting 25 Motion to appear Pro Hac Vice by J. Alexander Hood and Certification of Local Counsel Joshua S. Devore. Signed by District Judge Liam O'Grady on 10/30/2015. (jlan) (Entered: 11/02/2015)
ORDER granting 24 Motion to appear Pro Hac Vice by Jeremy A. Lieberman and Certification of Local Counsel Joshua S. Devore. Signed by District Judge Liam O'Grady on 10/30/2015. (jlan) (Entered: 11/02/2015)
Reply to 26 NOTICE, 27 Opposition filed by Jessica Alber, Roberta Duboise, Charles Hall, Joe Harrison, Matthew Heinly, Terry Hight, Carl Johnson, Alexander Laskovski, David Mann, Joshua Miller, Christopher Mitzak, Sarah Mutka, Rebecca Perlmutter, David Sibley, Kirk Steffensen, Rachel Sullivan, Laura Swenson, Susan Tarrence, Alexander Valdes, Susan Wall, Mark Weber, David Winters, Herb Yussim. (Porter, Gregory) (Entered: 11/02/2015)
Response to 26 NOTICE of Selection of Plaintiffs' Interim Co-Lead Counsel in Support filed by Kirk Steffensen. (Attachments: # 1 Exhibit A)(Dolan, William) (Entered: 11/02/2015)
NOTICE of Appearance by Nina J. Ginsberg on behalf of Maria Bourn, Mark Schumacher, The Center for Auto Safety, Stephen Verner, David Watson (Ginsberg, Nina) (Entered: 11/02/2015)
Response to 26 NOTICE of Selection of Plaintiffs' Interim Co-Lead Counsel filed by Sarah Bowlin. (Attachments: # 1 Exhibit 1)(Balint, Francis) (Entered: 10/30/2015)
Response to 26 NOTICE filed by Maria Bourn, Mark Schumacher, The Center for Auto Safety, David Watson. (Attachments: # 1 Appendix Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Kelley, Walter) (Entered: 10/30/2015)
Response to 26 NOTICE of Selection of Plaintiff Interim Co-Lead Counsel filed by Peter Brewitt. (Attachments: # 1 Exhibit)(Cynkar, Robert) (Entered: 10/30/2015)
ORDER granting motion for pro hac for Van Bunch and Certification of Local Counsel Francis J. Balint, Jr. Signed by District Judge Liam O'Grady on 10/28/15. (gwalk, ) (Entered: 10/29/2015)
Opposition to 26 NOTICE of Selection of Plaintiffs' Interim Co-Lead Counsel filed by Kirk Steffensen. (Attachments: # 1 Proposed Order)(Porter, Gregory) (Entered: 10/29/2015)
Motion to appear Pro Hac Vice by J. Alexander Hood and Certification of Local Counsel Joshua S. Devore Filing fee $ 75, receipt number 0422-4703983. by Cleveland University-KC, The Cleveland Chiropractic College Foundation. (Devore, Joshua) (Entered: 10/29/2015)
Motion to appear Pro Hac Vice by Jeremy A. Lieberman and Certification of Local Counsel Joshua S. Devore Filing fee $ 75, receipt number 0422-4703948. by Cleveland University-KC, The Cleveland Chiropractic College Foundation. (Devore, Joshua) (Entered: 10/29/2015)
SUMMONS Returned Executed as to Audi AG served on 10/15/2015, answer due 11/5/2015; Audi of America served on 10/15/2015, answer due 11/5/2015; Volkswagen AG served on 10/15/2015, answer due 11/5/2015; Volkswagen Group of America served on 10/15/2015, answer due 11/5/2015 (Attachments: # 1 Letter)(dest) (Entered: 10/28/2015)
ORDER that this matter comes before the Court on Defendant Volkswagen Group of America, Inc.'s ("Volkswagen") Motion to Stay 11 pending the Judicial Panel on Multidistrict Litigation's ("JPML") rulings on motions In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, MDL No. 2672. These motions generally seek to transfer all related cases to a single court for coordinated and consolidated proceedings. The JPML will hear these motions on December 3, 2015. Also before the Court is Volkswagen's Motion for Extension of Time to File an Answer 14 . Identical motions to stay and motions for extension of time were filed by Volkswagen in eight different companion cases. The Court, having consolidated these and other related cases, will address the motions together. Accordingly, after discussion with the parties and for good cause, it is hereby ORDERED: 1) The Motion to Stay 11 is DENIED. 2) The Motion for Extension of Time to File an Answer 14 is GRANTED; Volkswagen need not file an answer until after the JPML has ruled on In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, MDL No. 2672. 3) William David Dolan, III, is appointed as interim lead counsel. The counsel for the plaintiffs may select additional lead counsel if they find it necessary. The plaintiffs shall notify the Court of any decision they reach with regard to additional interim lead counsel. 4) The parties shall file preservation orders with the Court on or before November 2, 2015. If the parties can agree on a preservation order they should jointly file such an order; if the parties cannot agree, each party should file separate proposed preservation orders. 5) The parties shall file a protective order on or before November 13, 2015. If the parties can agree on a protective order they should jointly file such an order; if the parties cannot agree, each party should file separate proposed protective orders with a memorandum in support thereof. 6) Volkswagen shall file a memorandum with the Court on or before October 30, 2015, addressing two specific requests that the Plaintiffs have made: (a) that Volkswagen be ordered to produce the documents that were provided to the House Energy and Commerce Committee; and (b) that a Document Depository be created. The Plaintiffs shall file a responsive memorandum by November 6, 2015. 7) The parties shall exchange proposed discovery on or before November 23, 2015. The parties shall exchange objections to proposed discovery on or before December 14, 2015. Actual discovery will not be produced until further order of the Court has been issued. 8) On or before November 6, 2015, the Plaintiffs shall file with the Court a notice of the electronic discovery that they intend to request. Volkswagen shall file a response to this notice on or before December 7, 2015.Signed by District Judge Liam O'Grady on 10/27/15. (dper) (Entered: 10/28/2015)
Minute Entry for proceedings held before District Judge Liam O'Grady: Motion Hearing held on 10/23/2015 re 11 MOTION to Stay filed by Volkswagen Group of America, Inc., 14 MOTION for Extension of Time to File Answer filed by Volkswagen Group of America, Inc. Appearances of counsel. Motions argued. Motion to Stay 11 is DENIED. Motion for Extension of Time to File an Answer 14 is GRANTED. Further, the court appoints William Dolan as interim lead counsel. Counsel for the plaintiffs may select additional lead counsel if they find it necessary, and shall notify the court of their decision. Parties shall file preservation orders by 11/02/15. The parties shall file a protective order on or before 11/13/15. Parties shall file a discovery plan on or before 11/23/15. Plaintiffs shall file a notice of the electronic discovery they intend to request on or before 11/6/15 and Volkswagen shall file a response to this notice on or before 12/7/15. Order to follow. (Court Reporter N. Linnell.)(dper) (Entered: 10/28/2015)
ORDERED that Case Nos. 1:15cv1218, 1:15cv1223, 1:15cv1225, 1:15cv1228, 1:15cv1229, 1:15cv1239, 1:15cv1241, 1:15cv1245, 1:15cv1261, 1:15cv1295, 1:15cv1308, 1:15cv1315, 1:15cv1317, 1:15cv1318, 1:15cv1323, 1:15cv1328, 1:15cv1330, 1:15cv1356, 1:15cv1376, and 1:15cv1389 be CONSOLIDATED for all pre-trial purposes; that all pleadings, motions and other documents hereafter filed by any of the parties in connection with any of these consolidated cases shall bear the caption, "In re: Volkswagen 'Clean Diesel' Cases," and shall bear the lowest of the case numbers (i.e. 1:15cv1218), and all pleadings, motions and other documents shall be filed by the parties and Clerk of the Court under this case number only. Signed by District Judge Liam O'Grady on 10/27/2015. (rban, ) (Entered: 10/28/2015)
TRANSCRIPT of motions hearing held on 10-23-2015 before Judge Liam O'Grady. Court reporter Norman Linnell, telephone number 703-549-4626. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/23/2015. Redacted Transcript Deadline set for 12/23/2015. Release of Transcript Restriction set for 1/21/2016.(linnell, norman) (Entered: 10/23/2015)
Opposition to 11 MOTION to Stay filed by Jessica Alber, Roberta Duboise, Charles Hall, Joe Harrison, Matthew Heinly, Terry Hight, Carl Johnson, Alexander Laskovski, David Mann, Joshua Miller, Christopher Mitzak, Sarah Mutka, Rebecca Perlmutter, David Sibley, Kirk Steffensen, Rachel Sullivan, Laura Swenson, Susan Tarrence, Alexander Valdes, Susan Wall, Mark Weber, David Winters, Herb Yussim. (Porter, Gregory) (Entered: 10/21/2015)
ORDERED that the Court will consider both Motions at the oral hearing scheduled for October 23, 2015, at 10:00 a.m. Signed by District Judge Liam O'Grady on 10/16/2015. (jlan) (Entered: 10/16/2015)
MOTION for Extension of Time to File Answer by Volkswagen Group of America, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Abrams, Kenneth) (Entered: 10/14/2015)
Memorandum in Support re 11 MOTION to Stay filed by Volkswagen Group of America, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Abrams, Kenneth) (Entered: 10/14/2015)
ORDER granting 5 Motion to appear Pro Hac Vice by Thomas Eric Loeser and Certification of Local Counsel Gregory Yann Porter. Signed by District Judge Liam O'Grady on 10/09/2015. (jlan) (Entered: 10/14/2015)
ORDER granting 4 Motion to appear Pro Hac Vice by Steven William Berman and Certification of Local Counsel Gregory Yann Porter. Signed by District Judge Liam O'Grady on 10/09/2015. (jlan) (Entered: 10/14/2015)
Motion to appear Pro Hac Vice by Thomas Eric Loeser and Certification of Local Counsel Gregory Yann Porter Filing fee $ 75, receipt number 0422-4671017. by Jessica Alber, Roberta Duboise, Charles Hall, Joe Harrison, Matthew Heinly, Terry Hight, Carl Johnson, Alexander Laskovski, David Mann, Joshua Miller, Christopher Mitzak, Sarah Mutka, Rebecca Perlmutter, David Sibley, Kirk Steffensen, Rachel Sullivan, Laura Swenson, Susan Tarrence, Alexander Valdes, Susan Wall, Mark Weber, David Winters, Herb Yussim. (Porter, Gregory) (Entered: 10/07/2015)
Motion to appear Pro Hac Vice by Steven William Berman and Certification of Local Counsel Gregory Yann Porter Filing fee $ 75, receipt number 0422-4670987. by Jessica Alber, Roberta Duboise, Charles Hall, Joe Harrison, Matthew Heinly, Terry Hight, Carl Johnson, Alexander Laskovski, David Mann, Joshua Miller, Christopher Mitzak, Sarah Mutka, Rebecca Perlmutter, David Sibley, Kirk Steffensen, Rachel Sullivan, Laura Swenson, Susan Tarrence, Alexander Valdes, Susan Wall, Mark Weber, David Winters, Herb Yussim. (Porter, Gregory) (Entered: 10/07/2015)
COMPLAINT against Volkswagen Group of America, Inc. ( Filing fee $ 400, receipt number 14683054259) filed by Rachel Sullivan, David Winters, Matthew Heinly, Carl Johnson, Sarah Mutka, Joshua Miller, Kirk Steffensen, Alexander Valdes, Alexander Laskovski, Joe Harrison, Charles Hall, Rebecca Perlmutter, Christopher Mitzak, Susan Tarrence, Mark Weber, Roberta Duboise, David Mann, Herb Yussim, Laura Swenson, Susan Wall, Jessica Alber, David Sibley, Terry Hight. (Attachments: # 1 Complaint Part 2, # 2 Letter, # 3 Receipt)(jlan) (Entered: 09/24/2015)
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