Fox v. Kia America, Inc.

1:23-cv-01881 | Ohio Northern District Court

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Division Cleveland
Judge Judge Pamela A. Barker
Filed Sept. 26, 2023
Case Flags Cat08 and Parker
Nature of Suit 365 Product Liability
Cause 28:1332 Diversity-Personal Injury
Demand $15,000,000
Jury Demand Plaintiff
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Filing Date # Docket Text
3/28/2024Judgment
3/28/2024 Memorandum Opinion and Order: For the reasons stated in this Order, Defendant's Motion for Judicial Notice (Doc. No. 14 ) is GRANTED to the limited extent set forth herein. Defendant's Motion to Dismiss (Doc. No. 13 ) is GRANTED. Judge Pamela A. Barker on 3/28/2024. (P,K)
11/7/2023 Motion for judicial notice in support of 13 motion to dismiss filed by Defendant Kia America, Inc. (Attachments: # 1 Exhibit 1 - Letter of Cem Hatipoglu)(Prislipsky, Brianna) (Entered: 11/07/2023)
11/7/2023 Motion to dismiss 12 first amended complaint for failure to state a claim filed by Defendant Kia America, Inc. (Attachments: # 1 Declaration of Jonathan P. Schneller, # 2 Exhibit A - IMT Website)(Prislipsky, Brianna) (Entered: 11/07/2023)
10/25/2023 Order [non-document] In light of the filing of the First Amended Complaint, Defendant's Motion to Dismiss (Doc. No. 10 ) and Motion to Supplement (Doc. No. 11 ) are DENIED AS MOOT. Judge Pamela A. Barker on 10/25/2023.(P,K) (Entered: 10/25/2023)
10/24/2023First Amended complaint against Kia America, Inc. Filed by Angela Fox. (Scott, Joseph) (Entered: 10/24/2023)
10/4/2023 Order [non-document]granting Motion for appearance pro hac vice by attorney Vincent S. Weisband for Kia America, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 9 ). Judge Pamela A. Barker on 10/4/2023.(P,K) (Entered: 10/04/2023)
10/4/2023 Order [non-document]granting Motion for appearance pro hac vice by attorney Sabrina Heron Strong for Kia America, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 8 ). Judge Pamela A. Barker on 10/4/2023.(P,K) (Entered: 10/04/2023)
10/4/2023 Order [non-document] granting Motion for appearance pro hac vice by attorney Jonathan P. Schneller for Kia America, Inc. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 7 ). Judge Pamela A. Barker on 10/4/2023.(P,K) (Entered: 10/04/2023)
10/3/2023 Motion to supplement filed by Defendant Kia America, Inc.. Related document(s) 10 . (Attachments: # 1 Exhibit Letter from Cem Hatipoglu, # 2 Exhibit Laboratory Test Procedure for FMVSS 114: Theft Protection and Rollaway Prevention)(Prislipsky, Brianna) (Entered: 10/03/2023)
10/3/2023 Motion to dismiss for failure to state a claim with memorandum of law filed by Defendant Kia America, Inc.. (Prislipsky, Brianna) (Entered: 10/03/2023)
10/3/2023 Motion for attorney Vincent S. Weisband to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12210119, filed by Defendant Kia America, Inc. (Attachments: # 1 Exhibit A - Certificate of Good Standing - Weisband, # 2 Exhibit B - Declaration in Support)(Prislipsky, Brianna) Modified on 10/3/2023 (Mc,K). (Entered: 10/03/2023)
10/3/2023 Motion for attorney Sabrina H. Strong to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12210072, filed by Defendant Kia America, Inc. (Attachments: # 1 Exhibit A - Certificate of Good Standin - Strong, # 2 Exhibit B - Declaration in Support)(Prislipsky, Brianna) Modified on 10/3/2023 (Mc,K). (Entered: 10/03/2023)
10/3/2023 Motion for attorney Jonathan P. Schneller to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-12209978, filed by Defendant Kia America, Inc. (Attachments: # 1 Exhibit A - Certificate of Good Standing - Schneller, # 2 Exhibit B - Declaration in Support)(Prislipsky, Brianna) Modified on 10/3/2023 (Mc,K). (Entered: 10/03/2023)
10/2/2023Certified Copy of State Court documents received from Cuyahoga County Court of Common Pleas (copies of original documents). (L,MI) (Entered: 10/02/2023)
9/29/2023Order [non-document] Counsel and the parties are hereby advised that this Court will not accept ex parte telephone calls to Chambers regarding substantive issues in pending cases. The Court speaks through its docket. While it may be appropriate to call Chambers regarding routine, non-substantive matters (such as requests for the dial in information for an upcoming status conference, etc.), it is not appropriate under any circumstances for counsel to call Chambers ex parte for guidance or clarification regarding substantive matters, including matters relating to existing case management deadlines, requests to file briefing, and/or inquiries regarding the status of pending motions. All questions regarding substantive matters in pending cases must be filed as a motion on the public docket, with the following exception. If a dispute arises during a deposition that requires this Courts immediate assistance, the parties may call Chambers for assistance, but must do so jointly (and not on an ex parte basis). Judge Pamela A. Barker on 9/27/2023. (P,K) (Entered: 09/29/2023)
9/29/2023 Joint Notice Regarding Pending Motions filed by Kia America, Inc.. (Prislipsky, Brianna) (Entered: 09/29/2023)
9/27/2023Magistrate Consent Form issued. (R,AP) (Entered: 09/27/2023)
9/27/2023Order [non-document] This matter was removed to this Court on 9/27/2023. For the convenience of the Court, and by no later than 10/11/2023, the parties are directed to refile herein any motions that were previously filed in state court and which remained pending at the time of removal. Judge Pamela A. Barker on 9/27/2023. (P,K) (Entered: 09/27/2023)
9/27/2023Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (R,AP) (Entered: 09/27/2023)
9/27/2023 Judge Pamela A. Barker assigned to case. (R,AP) (Entered: 09/27/2023)
9/26/2023Corporate Disclosure Statement identifying Corporate Parent Kia Corporation, Other Affiliate Hyundai Motor Company for Kia America, Inc. filed by KIA America Inc. (Prislipsky, Brianna) (Entered: 09/26/2023)
9/26/2023 Supplement to Notice of Removal, - Civil Cover Sheet, filed by Kia America Inc. Related document(s) 1 . (Prislipsky, Brianna) (Entered: 09/26/2023)
9/26/2023Notice of Removal from Cuyahoga County Common Pleas, case number CV-23-984319. Filing fee paid, $402.00. Receipt number AOHNDC-12199375. Filed by Kia America, Inc. (Attachments: # 1 Exhibit 1 - State Court Complaint, # 2 Exhibit 2 - State Court Docket) (Prislipsky, Brianna) (Entered: 09/26/2023)