Daniel Chesler et al v. Hyundai Motor America Inc et al
Federal Civil Lawsuit California Central District Court, Case No. 8:15-cv-01988

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Last Updated December 16, 2016 at 12:23 AM ST (4.6 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Christine Messina, Plaintiff

Toggle Switch Represented by Hagens Berman Sobol Shapiro LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Lee M Gordon +1 213 330 7150 +1 213 330 7152 lee@hbsslaw.com
No Logo Daniel Chesler, Plaintiff

Toggle Switch Represented by Hagens Berman Sobol Shapiro LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Lee M Gordon +1 213 330 7150 +1 213 330 7152 lee@hbsslaw.com
No Logo Janine Lovuolo, Plaintiff

Toggle Switch Represented by Hagens Berman Sobol Shapiro LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Lee M Gordon +1 213 330 7150 +1 213 330 7152 lee@hbsslaw.com
No Logo Matthew Kang, Plaintiff

Toggle Switch Represented by Hagens Berman Sobol Shapiro LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Lee M Gordon +1 213 330 7150 +1 213 330 7152 lee@hbsslaw.com
No Logo Nicholas Messina, Plaintiff

Toggle Switch Represented by Hagens Berman Sobol Shapiro LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Lee M Gordon +1 213 330 7150 +1 213 330 7152 lee@hbsslaw.com
v.
No Logo Hyundai Motor America Inc, Defendant

Toggle Switch Represented by Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Douglas A Fretty +1 310 201 2100 +1 310 201 2110 daf@birdmarella.com
ATTORNEY TO BE NOTICED Thomas V Reichert +1 310 201 2100 +1 310 201 2110 tvr@birdmarella.com
ATTORNEY TO BE NOTICED Ekwan E Rhow +1 310 201 2100 +1 310 201 2110 erhow@birdmarella.com
No Logo Hyundai Motor America, Inc., Defendant
Kia Motors America, Inc. Kia Motors America, Inc., Defendant

Toggle Switch Represented by Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Douglas A Fretty +1 310 201 2100 +1 310 201 2110 daf@birdmarella.com
ATTORNEY TO BE NOTICED Thomas V Reichert +1 310 201 2100 +1 310 201 2110 tvr@birdmarella.com
ATTORNEY TO BE NOTICED Ekwan E Rhow +1 310 201 2100 +1 310 201 2110 erhow@birdmarella.com
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Legal Document (Payment Possibly Required) 52 Filed: 10/20/2016, Entered: None Unknown Document Type
NOTICE of Change of address by Lee M Gordon attorney for Plaintiff Daniel Chesler. Changing attorneys address to 301 N. Lake Ave, Suite 920, Pasadena, CA 91101. Filed by Plaintiff Daniel Chesler. (Gordon, Lee) (Entered: 10/20/2016)
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    Legal Document (Payment Possibly Required) 51 Filed: 9/30/2016, Entered: None Unknown Document TypeCourt Filing
    ORDER GRANTING MOTIONS TO DISMISS COMPLAINT by Judge Andre Birotte Jr.: the Court finds that Plaintiffs lack standing to bring their consumer fraud claims and therefore GRANTS all of the Automakers' Motions to Dismiss 31 , 33 on that basis. This is Plaintiffs' second attempt to plead these claims against the Automakers. At oral argument, Plaintiffs' counsel asked for leave to amend if the Court granted the motions, stating Plaintiffs could plead more facts to establish that the keyless fob systems are defectively designed under products liability standards. However, the Complaints recite abundant facts in this regard. The problem is that Plaintiffs' facts showing a design defect in the products liability realm do not also establish a design defect under the consumer fraud theories of liability that they invoke. Pleading more such facts would not cure the mismatch between Plaintiffs' design defect theories that sound in products liability law and their liability theories that sound in consumer fraud law. Accordingly, the Court GRANTS the Motions to Dismiss without leave to amend. These actions are hereby DISMISSED. ( MD JS-6. Case Terminated ) (gk) (Entered: 09/30/2016)
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      Legal Document (Payment Possibly Required) 50 Filed: 8/17/2016, Entered: None Unknown Document Type
      NOTICE OF FILING TRANSCRIPT filed for proceedings 6/27/16, 10:53 a.m. re Transcript 49 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Jui, Chia) TEXT ONLY ENTRY (Entered: 08/17/2016)
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        Legal Document (Payment Possibly Required) 49 Filed: 8/17/2016, Entered: None Unknown Document Type
        TRANSCRIPT for proceedings held on 6/27/16, 10:53 a.m.. Court Reporter/Electronic Court Recorder: Chia Mei Jui, CSR, cmjui.csr@gmail.com, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/7/2016. Redacted Transcript Deadline set for 9/19/2016. Release of Transcript Restriction set for 11/15/2016. (Jui, Chia) (Entered: 08/17/2016)
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          Legal Document (Payment Possibly Required) 48 Filed: 6/27/2016, Entered: None Unknown Document TypeCourt Filing
          MINUTES OF Scheduling Conference and Motion Hearing held before Judge Andre Birotte Jr. RE: Defendant Huyndai Motor America Inc.'s Motion to Dismiss Case 31 ; and Defendant Kia Motors America Inc.'s Motion to Dismiss Case 33 . The Courtroom Deputy Clerk distributes the Courts tentative ruling prior to the case being called. The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motions under submission and vacates the scheduling conference. Court Reporter: Chia Mei Jui. (gk) (Entered: 06/27/2016)
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            Legal Document (Payment Possibly Required) 47 Filed: 6/13/2016, Entered: None
            JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff Daniel Chesler.. (Berman, Steve) (Entered: 06/13/2016)
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              Legal Document (Payment Possibly Required) 46 Filed: 5/16/2016, Entered: None
              REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case 33 filed by Defendant Kia Motors America Inc. (Fretty, Douglas) (Entered: 05/16/2016)
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                Legal Document (Payment Possibly Required) 45 Filed: 5/16/2016, Entered: None
                REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case 31 filed by Defendant Hyundai Motor America Inc. (Fretty, Douglas) (Entered: 05/16/2016)
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                  Legal Document (Payment Possibly Required) 44 Filed: 5/11/2016, Entered: None
                  Notice of Appearance or Withdrawal of Counsel: for attorney Martis Ann Alex counsel for Plaintiffs Daniel Chesler, Janine Lovuolo. Daniel R. Leathers is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Daniel Chesler and Janine LoVuolo. (Alex, Martis) (Entered: 05/11/2016)
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                    Legal Document (Payment Possibly Required) 43 Filed: 4/18/2016, Entered: None
                    OPPOSITION (PLAINTIFFS' OPPOSITION TO DEFENDANT KIA MOTORS AMERICA, INC.'S REQUEST FOR JUDICIAL NOTICE) filed by Plaintiff Janine Lovuolo. (Berman, Steve) (Entered: 04/18/2016)
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                      Blank 42 Filed: 4/18/2016, Entered: None
                      OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case 33 (PLAINTIFF'S OPPOSITION TO DEFENDANT KIA MOTORS AMERICA, INC.'S MOTION TO DISMISS) filed by Plaintiff Janine Lovuolo. (Berman, Steve) (Entered: 04/18/2016)
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                        Legal Document (Payment Possibly Required) 41 Filed: 4/18/2016, Entered: None
                        OPPOSITION (PLAINTIFFS' OPPOSITION TO DEFENDANT HYUNDAI MOTOR AMERICA, INC.'S REQUEST FOR JUDICIAL NOTICE) filed by Plaintiff Daniel Chesler. (Berman, Steve) (Entered: 04/18/2016)
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                          Blank 40 Filed: 4/18/2016, Entered: None
                          OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case 31 (PLAINTIFFS' OPPOSITION TO DEFENDANT HYUNDAI MOTOR AMERICA, INC.'S MOTION TO DISMISS) filed by Plaintiff Daniel Chesler. (Berman, Steve) (Entered: 04/18/2016)
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                            Legal Document (Payment Possibly Required) 39 Filed: 4/15/2016, Entered: None
                            NOTICE OF DISMISSAL filed by Plaintiffs Nicholas Messina, Christine Messina pursuant to FRCP 41a(1) as to Hyundai Motor America Inc, Kia Motors America Inc. (Berman, Steve) (Entered: 04/15/2016)
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                              Legal Document (Payment Possibly Required) 38 Filed: 3/8/2016, Entered: None
                              NOTICE of Voluntary Dismissal filed by Plaintiff Matthew Kang. (Berman, Steve) (Entered: 03/08/2016)
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                                Legal Document (Payment Possibly Required) 37 Filed: 2/22/2016, Entered: None Amendment (Motion related)
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                                  Legal Document (Payment Possibly Required) 36 Filed: 2/22/2016, Entered: None
                                  NOTICE of Interested Parties filed by Defendant Kia Motors America Inc, identifying Kia Motors America; Kia Motors Company. (Fretty, Douglas) (Entered: 02/22/2016)
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                                    Legal Document (Payment Possibly Required) 35 Filed: 2/22/2016, Entered: None
                                    NOTICE of Interested Parties filed by Defendant Hyundai Motor America Inc, identifying Hyundai Motor America; Hyundai Motor Company Ltd.. (Fretty, Douglas) (Entered: 02/22/2016)
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                                      Legal Document (Payment Possibly Required) 34 Filed: 2/22/2016, Entered: None For Judicial Notice
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                                        Legal Document (Payment Possibly Required) 33 Filed: 2/22/2016, Entered: None Dismiss Case
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                                          Legal Document (Payment Possibly Required) 32 Filed: 2/22/2016, Entered: None For Judicial Notice
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                                            Legal Document (Payment Possibly Required) 31 Filed: 2/22/2016, Entered: None Dismiss Case
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                                              Legal Document (Payment Possibly Required) 30 Filed: 2/1/2016, Entered: None Appear Pro Hac Vice
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                                                Legal Document (Payment Possibly Required) 30 Filed: 1/29/2016, Entered: None Court Filing
                                                ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Andre Birotte Jr: granting 28 APPLICATION to Appear Pro Hac Vice by Attorney Daniel R. Leathers on behalf of Plaintiffs, designating Lee M. Gordon as local counsel. (lt) (Entered: 02/01/2016)
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                                                  Legal Document (Payment Possibly Required) 29 Filed: 2/1/2016, Entered: None Appear Pro Hac Vice
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                                                    Legal Document (Payment Possibly Required) 29 Filed: 1/29/2016, Entered: None Court Filing
                                                    ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Andre Birotte Jr: granting 27 APPLICATION to Appear Pro Hac Vice by Attorney Brian R. Morrison on behalf of Plaintiffs, designating Lee M. Gordon as local counsel. (lt) (Entered: 02/01/2016)
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                                                      Legal Document (Payment Possibly Required) 28 Filed: 1/26/2016, Entered: None Appear Pro Hac Vice
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                                                        Legal Document (Payment Possibly Required) 27 Filed: 1/26/2016, Entered: None Appear Pro Hac Vice
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                                                          Legal Document (Payment Possibly Required) 26 Filed: 1/20/2016, Entered: None Initial Order Setting R26 Scheduling Conference - form only
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                                                            Legal Document (Payment Possibly Required) 25 Filed: 1/20/2016, Entered: None Order
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                                                              Legal Document (Payment Possibly Required) 24 Filed: 1/20/2016, Entered: None Appear Pro Hac Vice
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                                                                Legal Document (Payment Possibly Required) 24 Filed: 1/19/2016, Entered: None Court Filing
                                                                ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Andre Birotte Jr: granting 22 APPLICATION to Appear Pro Hac Vice by Attorney Steve W. Berman on behalf of Plaintiffs, designating Lee M. Gordon as local counsel. (lt) (Entered: 01/20/2016)
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                                                                  Legal Document (Payment Possibly Required) 23 Filed: 1/19/2016, Entered: None
                                                                  NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney Steve W. Berman to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17114256 paid.) 22 . The following error(s) was found: Other error(s) with document(s) are specified below: No signature on Application. Local counsel failed to sign the application. See LR 11-1. See Instructions for Applicants (1) note that electronic signatures are not accepted. (G-64). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) (Entered: 01/19/2016)
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                                                                    Legal Document (Payment Possibly Required) 22 Filed: 1/15/2016, Entered: None Appear Pro Hac Vice
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                                                                      Blank 21 Filed: 1/15/2016, Entered: None
                                                                      FIRST AMENDED COMPLAINT against Defendants Hyundai Motor America Inc, Kia Motors America Inc amending Complaint (Attorney Civil Case Opening),,, 1 , filed by Plaintiffs Nicholas Messina, Daniel Chesler, Christine Messina, Matthew Kang, Janine Lovuolo (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Gordon, Lee) (Entered: 01/15/2016)
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                                                                        Legal Document (Payment Possibly Required) 20 Filed: 1/13/2016, Entered: None
                                                                        STIPULATION for Order to Set Global Briefing and Hearing Schedule for Defendants' Motions to Dimiss filed by Plaintiffs Daniel Chesler, Matthew Kang, Janine Lovuolo, Christine Messina, Nicholas Messina. (Attachments: # 1 Proposed Order)(Gordon, Lee) (Entered: 01/13/2016)
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                                                                          Legal Document (Payment Possibly Required) 19 Filed: 12/16/2015, Entered: None Minutes of In Chambers Order/Directive - no proceeding held
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                                                                            Legal Document (Payment Possibly Required) 18 Filed: 12/15/2015, Entered: None
                                                                            NOTICE of Appearance filed by attorney Douglas A Fretty on behalf of Defendants Hyundai Motor America Inc, Kia Motors America Inc (Attorney Douglas A Fretty added to party Hyundai Motor America Inc(pty:dft), Attorney Douglas A Fretty added to party Kia Motors America Inc(pty:dft))(Fretty, Douglas) (Entered: 12/15/2015)
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                                                                              Legal Document (Payment Possibly Required) 17 Filed: 12/15/2015, Entered: None
                                                                              NOTICE of Appearance filed by attorney Thomas V Reichert on behalf of Defendants Hyundai Motor America Inc, Kia Motors America Inc (Attorney Thomas V Reichert added to party Hyundai Motor America Inc(pty:dft), Attorney Thomas V Reichert added to party Kia Motors America Inc(pty:dft))(Reichert, Thomas) (Entered: 12/15/2015)
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                                                                                Legal Document (Payment Possibly Required) 16 Filed: 12/15/2015, Entered: None
                                                                                NOTICE of Appearance filed by attorney Ekwan E Rhow on behalf of Defendants Hyundai Motor America Inc, Kia Motors America Inc (Attorney Ekwan E Rhow added to party Hyundai Motor America Inc(pty:dft), Attorney Ekwan E Rhow added to party Kia Motors America Inc(pty:dft))(Rhow, Ekwan) (Entered: 12/15/2015)
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                                                                                  Legal Document (Payment Possibly Required) 15 Filed: 12/15/2015, Entered: None
                                                                                  WAIVER OF SERVICE Returned Executed filed by plaintiffs Nicholas Messina, Daniel Chesler, Christine Messina, Matthew Kang, Janine Lovuolo. upon Kia Motors America Inc waiver sent by Plaintiff on 12/9/2015, answer due 2/8/2016. Waiver of Service signed by Douglas A. Fretty. (Gordon, Lee) (Entered: 12/15/2015)
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                                                                                    Legal Document (Payment Possibly Required) 14 Filed: 12/15/2015, Entered: None
                                                                                    WAIVER OF SERVICE Returned Executed filed by plaintiffs Nicholas Messina, Daniel Chesler, Christine Messina, Matthew Kang, Janine Lovuolo. upon Hyundai Motor America Inc waiver sent by Plaintiff on 12/9/2015, answer due 2/8/2016. Waiver of Service signed by Douglas A. Fretty. (Gordon, Lee) (Entered: 12/15/2015)
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                                                                                      Legal Document (Payment Possibly Required) 13 Filed: 12/2/2015, Entered: None Transferring Case purs GO 14-03 (Related Case)(CV 34)
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                                                                                        Legal Document (Payment Possibly Required) 12 Filed: 12/1/2015, Entered: None Initial Order upon Filing of Complaint - form only
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                                                                                          Legal Document (Payment Possibly Required) 11 Filed: 11/30/2015, Entered: None
                                                                                          NOTICE OF FILING FEE DUE on Pro Hac Vice Application emailed to Steve W. Berman for Plaintiffs Daniel Chesler, Matthew Kang, Janine Lovuolo, Christine Messina and Nicholas Messina. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (lwag) (Entered: 11/30/2015)
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                                                                                            Legal Document (Payment Possibly Required) 10 Filed: 11/30/2015, Entered: None
                                                                                            NOTICE OF FILING FEE DUE on Pro Hac Vice Application emailed to Brian R. Morrison for Plaintiffs Daniel Chesler, Matthew Kang, Janine Lovuolo, Christine Messina and Nicholas Messina. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (lwag) (Entered: 11/30/2015)
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                                                                                              Legal Document (Payment Possibly Required) 9 Filed: 11/30/2015, Entered: None
                                                                                              NOTICE OF FILING FEE DUE on Pro Hac Vice Application emailed to Daniel R. Leathers for Plaintiffs Daniel Chesler, Matthew Kang, Janine Lovuolo, Christine Messina and Nicholas Messina. Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (lwag) (Entered: 11/30/2015)
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                                                                                                Legal Document (Payment Possibly Required) 8 Filed: 11/30/2015, Entered: None Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
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                                                                                                  Legal Document (Payment Possibly Required) 7 Filed: 11/30/2015, Entered: None Court Filing
                                                                                                  NOTICE OF ASSIGNMENT to District Judge S. James Otero and Magistrate Judge Patrick J. Walsh. (lwag) (Entered: 11/30/2015)
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                                                                                                    Legal Document (Payment Possibly Required) 6 Filed: 11/30/2015, Entered: None
                                                                                                    21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants Hyundai Motor America Inc and Kia Motors America Inc. (lwag) (Entered: 11/30/2015)
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                                                                                                      Legal Document (Payment Possibly Required) 5 Filed: 11/25/2015, Entered: None
                                                                                                      NOTICE of Related Case(s) filed by Plaintiffs Daniel Chesler, Matthew Kang, Janine Lovuolo, Christine Messina, Nicholas Messina. Related Case(s): 2:15-cv-06491 (Gordon, Lee) (Entered: 11/25/2015)
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                                                                                                        Legal Document (Payment Possibly Required) 4 Filed: 11/25/2015, Entered: None
                                                                                                        NOTICE of Interested Parties filed by Plaintiffs Daniel Chesler, Matthew Kang, Janine Lovuolo, Christine Messina, Nicholas Messina, (Gordon, Lee) (Entered: 11/25/2015)
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                                                                                                          Legal Document (Payment Possibly Required) 3 Filed: 11/25/2015, Entered: None
                                                                                                          Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,, 1 filed by Plaintiffs Daniel Chesler, Matthew Kang, Janine Lovuolo, Christine Messina, Nicholas Messina. (Gordon, Lee) (Entered: 11/25/2015)
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                                                                                                            Legal Document (Payment Possibly Required) 2 Filed: 11/25/2015, Entered: None Civil Cover Sheet (CV-71)
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                                                                                                              Legal Document (Payment Possibly Required) 1 Filed: 11/25/2015, Entered: None
                                                                                                              COMPLAINT Receipt No: 0973-16850340 - Fee: $400, filed by Plaintiffs Nicholas Messina, Daniel Chesler, Christine Messina, Matthew Kang, Janine Lovuolo. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15) (Attorney Lee M Gordon added to party Daniel Chesler(pty:pla), Attorney Lee M Gordon added to party Matthew Kang(pty:pla), Attorney Lee M Gordon added to party Janine Lovuolo(pty:pla), Attorney Lee M Gordon added to party Christine Messina(pty:pla), Attorney Lee M Gordon added to party Nicholas Messina(pty:pla))(Gordon, Lee) (Entered: 11/25/2015)
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