`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`No. 2:15-cv-01274-JRG-RSP
`
`LEAD CASE
`
`JURY TRIAL DEMANDED
`
`
`
`PLAINTIFF BLITZSAFE TEXAS LLC’S RESPONSE IN OPPOSITION
`TO DEFENDANTS’ MOTION TO DISMISS FOR INSUFFICIENT SERVICE OF
`PROCESS
`
`Plaintiff Blitzsafe Texas, LLC (“Blitzsafe”) hereby submits its Response in Opposition to
`
`Defendants’ Motion to Dismiss for Insufficient Service of Process of Hyundai Motor Company
`
`(“HMC”) and Kia Motors Corporation (“KMC”) (“collectively, “Korean Named Defendants”)
`
`(Dkt. 227).
`
`I.
`
`FACTUAL BACKGROUND
`
`Blitzsafe neither admits nor denies any of the factual allegations set forth in Defendants'
`
`brief except to admit that the Korean Named Defendants have not been served with process and
`
`that Blitzsafe has consented to the dismissal of its claims against the Korean Named Defendants
`
`without prejudice.
`
`
`
`
`
`
`BLITZSAFE TEXAS, LLC,
`
`
`
`
`v.
`
`Plaintiff,
`
`Defendants.
`
`
`
`
`HONDA MOTOR CO., LTD., ET AL.,
`
`
`
`
`Case 2:15-cv-01274-JRG-RSP Document 270 Filed 12/02/16 Page 2 of 4 PageID #: 19492
`
`II.
`
`DEFENDANTS MOTION IS MOOT BECAUSE BLITZSAFE HAS CONSENTED
`TO THE DISMISSAL OF ITS CLAIMS AGAINST THE KOREAN NAMED
`DEFENDANTS WITHOUT PREJUDICE
`
`Because Blitzsafe has consented to the dismissal of the Korean Named Defendants
`
`without prejudice, the present motion is moot and should be denied. Blitzsafe respectfully
`
`submits that the case caption should be amended accordingly.
`
`III. CONCLUSION
`
`For the foregoing reasons, Defendants’ Motion Dismiss for Insufficient Service of
`
`Process is moot and should be denied.
`
`
`
`Dated: December 2, 2016
`
`
`
`
`
`
`
`BROWN RUDNICK LLP
`
`
`
`
`
` /s/ Peter Lambrianakos
`Alfred R. Fabricant
`Texas Bar No. 2219392
`Email: afabricant@brownrudnick.com
`Lawrence C. Drucker
`Email: ldrucker@brownrudnick.com
`Texas Bar No. 2303089
`Peter Lambrianakos
`Texas Bar No. 2894392
`Email: plambrianakos@brownrudnick.com
`Alessandra Carcaterra Messing
`Texas Bar No. 5040019
`Email: amessing@brownrudnick.com
`BROWN RUDNICK LLP
`7 Times Square
`New York, NY 10036
`Telephone: (212) 209-4800
`
`Samuel F. Baxter
`Texas State Bar No. 01938000
`sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`jtruelove@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`
`
`
`2
`
`
`
`Case 2:15-cv-01274-JRG-RSP Document 270 Filed 12/02/16 Page 3 of 4 PageID #: 19493
`
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`ATTORNEYS FOR PLAINTIFF,
`BLITZSAFE TEXAS, LLC
`
`3
`
`
`
`
`
`
`
`Case 2:15-cv-01274-JRG-RSP Document 270 Filed 12/02/16 Page 4 of 4 PageID #: 19494
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that all counsel of record who have consented to electronic
`
`service are being served with a copy of this document via the Court’s CM/ECF system per Local
`
`Rule CV-5(a)(3) on this 2nd day of December, 2016.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Peter Lambrianakos
`/s/
` Peter Lambrianakos
`
`
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
