Case details

Court: cand
Docket #: 3:13-cv-02274
Case Name: Sharma et al v. BMW of North America LLC
PACER case #: 266376
Date filed: 2013-05-17
Date of last filing: 2016-02-29
Assigned to: Hon. Maxine M. Chesney
Referred to: Magistrate Judge Kandis A. Westmore
Case Cause: 28:1332 Diversity-Product Liability
Nature of Suit: 195 Contract Product Liability
Jury Demand: Both
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Monita Sharma
Plaintiff
on behalf of themselves and all others similarly situated
Stuart C. Talley
Kershaw Cook & Talley PC 401 Watt Avenue Sacramento, CA 95864 916-779-7000 Fax: 916-721-2501 Email: stuart@kctlegal.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adam Morris Rose
Law Office of Robert Starr 23901 Calabasas Road, #2072 Calabasas, CA 91302 818-225-9040 Fax: 818-225-9042 Email: starrlawadam@yahoo.com
ATTORNEY TO BE NOTICED

Amy Elisabeth Keller
Wexler Wallace LLP 55 West Monroe Street Suite 3300 Chicago, IL 606063 (312) 346-2222 Fax: 312-346-0022 Email: aek@wexlerwallace.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Andre Emilio Jardini
Knapp Petersen & Clarke 550 N Brand Blvd Suite 1500 Glendale, CA 91203 (818) 547-5000 Fax: (818) 547-5329 Email: vws@kpclegal.com
TERMINATED: 02/12/2015 ATTORNEY TO BE NOTICED

Edward A. Wallace
Wexler Wallace LLP 55 West Monroe Street Suite 3300 Chicago, IL 60603 312-346-2222 Fax: 312-346-0022 Email: eaw@wexlerwallace.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Ian James Barlow
Kershaw, Cook & Talley PC 401 Watt Avenue Sacramento, CA 95864 (916) 779-7000 Fax: (916) 721-2501 Email: ian@kctlegal.com
ATTORNEY TO BE NOTICED

Stephen Massong Harris
Law Offices of Stephen M. Harris, P.C. 6320 Canoga Avenue Suite 1500 Woodland Hills, CA 91367 818-924-3103 Fax: 818-924-3079 Email: stephen@smh-legal.com
ATTORNEY TO BE NOTICED

William A. Kershaw
Kershaw Cook & Talley PC 401 Watt Ave Sacramento, CA 95864 916-779-7000 Fax: 916-721-2501 Email: bill@kctlegal.com
ATTORNEY TO BE NOTICED

Eric Anderson
Plaintiff
on behalf of themselves and all others similarly situated
Stuart C. Talley
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adam Morris Rose
(See above for address)
ATTORNEY TO BE NOTICED

Amy Elisabeth Keller
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Andre Emilio Jardini
(See above for address)
TERMINATED: 02/12/2015 ATTORNEY TO BE NOTICED

Edward A. Wallace
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Ian James Barlow
(See above for address)
ATTORNEY TO BE NOTICED

Stephen Massong Harris
(See above for address)
ATTORNEY TO BE NOTICED

William A. Kershaw
(See above for address)
ATTORNEY TO BE NOTICED

BMW of North America LLC
Defendant
a Delaware Limited Liability Company
Troy Masami Yoshino
Squire Patton Boggs (US) LLP 44 Montgomery Street, Suite 400 San Francisco, CA 94104 (415) 989-5900 Fax: (415) 989-0932 Email: troy.yoshino@squirepb.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Aengus Hartley Carr
Squire Patton Boggs (US) LLP 44 Montgomery Street Suite 400 San Francisco, CA 94104 415-743-2479 Fax: 415-989-0932 Email: aengus.carr@squirepb.com
ATTORNEY TO BE NOTICED

Eric J. Knapp
Squire Patton Boggs LLP 44 Montgomery Street, 4th Floor San Francisco, CA 94104 415-989-5900 Fax: 415-989-0932 Email: Eric.Knapp@squirepb.com
ATTORNEY TO BE NOTICED

Jenny Grantz
Squire Patton Boggs (US) LLP 44 Montgomery St, Ste 400 San Francisco, CA 94104 415-989-5900 Email: jgrantz@cbmlaw.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-05-17 1 0 CLASS ACTION COMPLAINT; summons issued against BMW of North America LLC (Filing fee $ 400, receipt number 34611086185). Filed by Monita Sharma, Eric Anderson. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(slhS, COURT STAFF) (Filed on 5/17/2013) (Entered: 05/20/2013) 2013-05-20 22:32:02 6626cf44a14590e14659302800f3bd6202a3aec1
2013-05-17 2 0 Certificate of Interested Entities or Persons filed by Eric Anderson, Monita Sharma. (slhS, COURT STAFF) (Filed on 5/17/2013) (Entered: 05/20/2013)
2013-05-17 3 0 ADR SCHEDULING ORDER: Case Management Statement due by 8/15/2013. Case Management Conference set for 8/22/2013 10:00 AM in Courtroom 5, 17th Floor, San Francisco. (Attachments: # 1 Standing Order)(slhS, COURT STAFF) (Filed on 5/17/2013) (Entered: 05/20/2013)
2013-05-30 4 0 SUMMONS Returned Executed by Monita Sharma, Eric Anderson. BMW of North America LLC served on 5/28/2013, answer due 6/18/2013. (Talley, Stuart) (Filed on 5/30/2013) (Entered: 05/30/2013)
2013-05-30 5 0 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Eric Anderson, Monita Sharma.. (Talley, Stuart) (Filed on 5/30/2013) (Entered: 05/30/2013) 2016-05-26 15:21:54 c1f31351ae2c3cfc89ef34a4fb23d72312786d03
2013-06-04 6 0 STIPULATION re 1 Complaint, TO EXTEND TIME TO RESPOND TO THE COMPLAINT filed by BMW of North America LLC. (Carr, Aengus) (Filed on 6/4/2013) (Entered: 06/04/2013)
2013-06-04 7 0 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by BMW of North America LLC.. (Carr, Aengus) (Filed on 6/4/2013) (Entered: 06/04/2013) 2016-05-26 15:26:26 3bfb405f190e6b0784bb060838cdbf7820a85628
2013-06-04 8 0 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (rmm2S, COURT STAFF) (Filed on 6/4/2013) (Entered: 06/04/2013)
2013-06-04 9 0 ORDER, Case reassigned to Hon. Maxine M. Chesney. Magistrate Judge Maria-Elena James no longer assigned to the case.. Signed by Executive Committee on 6/4/13. (ha, COURT STAFF) (Filed on 6/4/2013) (Entered: 06/04/2013) 2013-06-05 07:30:16 a5bb9e0fa3bc88862b94ad1faa257b1e7cea7512
2013-06-06 10 0 Certificate of Interested Entities by BMW of North America LLC identifying Corporate Parent BMW AG, Corporate Parent BMW (US) Holding Corp., Corporate Parent BMW INTEC Beteiligungs GmbH for BMW of North America LLC. (Yoshino, Troy) (Filed on 6/6/2013) (Entered: 06/06/2013)
2013-06-06 11 0 MOTION AND [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-7754444.) filed by Eric Anderson, Monita Sharma. (Keller, Amy) (Filed on 6/6/2013) Modified on 6/7/2013 (aaaS, COURT STAFF). (Entered: 06/06/2013)
2013-06-06 12 0 MOTION AND [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-7754529.) filed by Eric Anderson, Monita Sharma. (Wallace, Edward) (Filed on 6/6/2013) Modified on 6/7/2013 (aaaS, COURT STAFF). (Entered: 06/06/2013)
2013-06-11 13 0 CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 8/16/2013. Case Management Conference set for 8/23/2013 10:30 AM in Courtroom 7, 19th Floor, San Francisco.. Signed by Judge Maxine M. Chesney on 6/11/13. (Attachments: # 1 Standing Order of Judge Maxine M. Chesney)(tlS, COURT STAFF) (Filed on 6/11/2013) (Entered: 06/11/2013)
2013-06-12 14 0 ORDER DIRECTING PLAINTIFFS TO SUBMIT CHAMBERS COPY OF COMPLAINT. Signed by Judge Maxine M. Chesney on June 12, 2013. (mmclc1, COURT STAFF) (Filed on 6/12/2013) (Entered: 06/12/2013) 2013-06-13 07:37:32 474171c813a90af0415001f3050779ef2488cc94
2013-06-12 15 0 ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY AMY E. KELLER PRO HAC VICE. Signed by Judge Maxine M. Chesney on June 12, 2013. (mmclc1, COURT STAFF) (Filed on 6/12/2013) (Entered: 06/12/2013)
2013-06-12 16 0 ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY EDWARD A. WALLACE PRO HAC VICE. Signed by Judge Maxine M. Chesney on June 12, 2013. (mmclc1, COURT STAFF) (Filed on 6/12/2013) (Entered: 06/12/2013) 2013-06-13 07:37:37 4c76735c9304fa7fd06d8727327f4a572b3397bd
2013-07-12 17 0 NOTICE by BMW of North America LLC BMW OF NORTH AMERICA, LLCS NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING (Yoshino, Troy) (Filed on 7/12/2013) (Entered: 07/12/2013)
2013-07-12 18 0 MOTION to Transfer Case BMW OF NORTH AMERICA, LLCS NOTICE OF MOTION AND MOTION FOR VENUE TRANSFER UNDER THE FIRST-TO-FILE DOCTRINE AND 28 U.S.C. ยง 1404(a); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF SAME filed by BMW of North America LLC. Motion Hearing set for 8/16/2013 09:00 AM in Courtroom 7, 19th Floor, San Francisco before Hon. Maxine M. Chesney. Responses due by 7/26/2013. Replies due by 8/2/2013. (Attachments: # 1 Proposed Order)(Yoshino, Troy) (Filed on 7/12/2013) (Entered: 07/12/2013)
2013-07-18 19 0 MOTION to Dismiss FOR LACK OF STANDING AND FAILURE TO STATE A CLAIM filed by BMW of North America LLC. Motion Hearing set for 8/23/2013 09:00 AM in Courtroom 7, 19th Floor, San Francisco before Hon. Maxine M. Chesney. Responses due by 8/1/2013. Replies due by 8/8/2013. (Attachments: # 1 Declaration of Troy Yoshino, # 2 Exhibit 1 to Yoshino Declaration, # 3 Proposed Order)(Yoshino, Troy) (Filed on 7/18/2013) (Entered: 07/18/2013)
2013-07-18 20 0 MOTION to Strike 1 Complaint, BMW OF NORTH AMERICA, LLC'S NOTICE OF MOTION AND MOTION TO STRIKE CLASS ALLEGATIONS filed by BMW of North America LLC. Motion Hearing set for 8/23/2013 09:00 AM in Courtroom 7, 19th Floor, San Francisco before Hon. Maxine M. Chesney. Responses due by 8/1/2013. Replies due by 8/8/2013. (Attachments: # 1 Proposed Order)(Yoshino, Troy) (Filed on 7/18/2013) (Entered: 07/18/2013)
2013-07-18 21 0 Request for Judicial Notice re 19 MOTION to Dismiss FOR LACK OF STANDING AND FAILURE TO STATE A CLAIM, 20 MOTION to Strike 1 Complaint, BMW OF NORTH AMERICA, LLC'S NOTICE OF MOTION AND MOTION TO STRIKE CLASS ALLEGATIONS filed byBMW of North America LLC. (Attachments: # 1 Exhibit A & B)(Related document(s) 19 , 20 ) (Yoshino, Troy) (Filed on 7/18/2013) (Entered: 07/18/2013)
2013-07-19 22 0 Notice of Withdrawal of 18 Motion for Venue Transfer (Carr, Aengus) (Filed on 7/19/2013) Modified on 7/22/2013 (ysS, COURT STAFF). (Entered: 07/19/2013)
2013-08-01 23 0 AMENDED COMPLAINT against BMW of North America LLC. Filed byMonita Sharma, Eric Anderson. (Talley, Stuart) (Filed on 8/1/2013) (Entered: 08/01/2013)
2013-08-06 24 0 STIPULATION WITH PROPOSED ORDER re 23 Amended Complaint Stipulation on Defendant's Response to First Amended Compliant and Request to Continue Initial Case Management Conference; Declaration of Aengus H. Carr in Support Thereof filed by BMW of North America LLC. (Attachments: # 1 Proposed Order Proposed Order on Stipulation on Defendant's Response to 1st Amended Complaint and Request to Continue Initial Case Management Conference)(Carr, Aengus) (Filed on 8/6/2013) (Entered: 08/06/2013)
2013-08-06 25 0 STIPULATION WITH PROPOSED ORDER re 23 Amended Complaint Stipulation on Defendant's Response to First Amended Complaint and Request to Continue Initial Case Management Conference; Declaration of Aengus H. Carr in Support Thereof CORRECTION OF DOCKET # 24 filed by BMW of North America LLC. (Attachments: # 1 Proposed Order)(Carr, Aengus) (Filed on 8/6/2013) (Entered: 08/06/2013)
2013-08-07 26 0 ORDER ON STIPULATION ON DEFENDANT'S RESPONSE TO FIRST AMENDED COMPLAINT AND REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE. Defendant's deadline to respond to the FAC is August 29, 2013. Plaintiffs' opposition to any motion is due September 27, 2013, and defendant's reply is due by October 11, 2013. The initial case management conference is continued from August 23, 2013 to January 10, 2014. Defendant's motion to dismiss the initial complaint and the motion to strike are denied as moot in light of the filing of the FAC. Signed by Judge Maxine M. Chesney on August 7, 2013. (mmclc1, COURT STAFF) (Filed on 8/7/2013) (Entered: 08/07/2013) 2013-08-08 07:39:05 67c849d775fb11d73f84c15ce142bdd553939216
2013-08-29 27 0 MOTION to Dismiss FOR LACK OF STANDING AND FAILURE TO STATE A CLAIM ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF SAME filed by BMW of North America LLC. Motion Hearing set for 11/1/2013 09:00 AM in Courtroom 7, 19th Floor, San Francisco before Hon. Maxine M. Chesney. Responses due by 9/12/2013. Replies due by 9/19/2013. (Attachments: # 1 Declaration DECLARATION OF TROY YOSHINO IN SUPPORT OF 12(b)(1) MOTION TO DISMISS FOR LACK OF STANDING, # 2 Exhibit EXHIBIT 1 TO DECLARATION OF TROY YOSHINO IN SUPPORT OF MOTION TO DISMISS)(Yoshino, Troy) (Filed on 8/29/2013) (Entered: 08/29/2013)
2013-08-29 28 0 Proposed Order re 27 MOTION to Dismiss FOR LACK OF STANDING AND FAILURE TO STATE A CLAIM ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF SAME by BMW of North America LLC. (Yoshino, Troy) (Filed on 8/29/2013) (Entered: 08/29/2013)
2013-08-29 29 0 MOTION to Strike 23 Amended Complaint CLASS ALLEGATIONS filed by BMW of North America LLC. Motion Hearing set for 11/1/2013 09:00 AM in Courtroom 7, 19th Floor, San Francisco before Hon. Maxine M. Chesney. Responses due by 9/12/2013. Replies due by 9/19/2013. (Attachments: # 1 Proposed Order [PROPOSED] ORDER GRANTING BMW OF NORTH AMERICA, LLCS MOTION TO STRIKE CLASS ALLEGATIONS)(Yoshino, Troy) (Filed on 8/29/2013) (Entered: 08/29/2013)
2013-08-29 30 0 Request for Judicial Notice re 29 MOTION to Strike 23 Amended Complaint CLASS ALLEGATIONS, 27 MOTION to Dismiss FOR LACK OF STANDING AND FAILURE TO STATE A CLAIM ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF SAME filed byBMW of North America LLC. (Attachments: # 1 Exhibit EXHIBIT 1 TO REQUEST FOR JUDICIAL NOTICE, # 2 Exhibit EXHIBIT 2 TO REQUEST FOR JUDICIAL NOTICE, # 3 Exhibit EXHIBIT 3 TO REQUEST FOR JUDICIAL NOTICE)(Related document(s) 29 , 27 ) (Yoshino, Troy) (Filed on 8/29/2013) (Entered: 08/29/2013)
2013-09-24 31 0 MOTION for Leave to File Excess Pages for Oppositions and Replies on Defendant's Motions to Dismiss and Strike Set for Hearing on November 1, 2013 filed by Eric Anderson, Monita Sharma. (Talley, Stuart) (Filed on 9/24/2013) (Entered: 09/24/2013)
2013-09-26 32 0 ORDER DENYING AGREED ADMINISTRATIVE MOTION TO EXCEED PAGE LIMITS; EXTENDING BRIEFING SCHEDULE ON DEFENDANTS' MOTIONS TO DISMISS AND TO STRIKE. The Court extends the deadline for plaintiffs to file their opposition briefs from September 27, 2013 to October 1, 2013, and extends the deadline for defendant to file their replies from October 11, 2013 to October 15, 2013. Signed by Judge Maxine M. Chesney on September 26, 2013.(mmclc1, COURT STAFF) (Filed on 9/26/2013) (Entered: 09/26/2013) 2013-09-27 07:50:00 d093598e1c6a8f5e696343570df591d26ec5a658
2013-10-01 33 0 OBJECTIONS to re 30 Request for Judicial Notice,, by Eric Anderson, Monita Sharma. (Attachments: # 1 Exhibit 1, Declaration of Monita Sharma, # 2 Exhibit 2, Declaration of Eric Anderson)(Keller, Amy) (Filed on 10/1/2013) (Entered: 10/01/2013)
2013-10-01 34 0 RESPONSE (re 29 MOTION to Strike 23 Amended Complaint CLASS ALLEGATIONS ) filed byEric Anderson, Monita Sharma. (Keller, Amy) (Filed on 10/1/2013) (Entered: 10/01/2013)
2013-10-01 35 0 RESPONSE (re 27 MOTION to Dismiss FOR LACK OF STANDING AND FAILURE TO STATE A CLAIM ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF SAME ) filed byEric Anderson, Monita Sharma. (Keller, Amy) (Filed on 10/1/2013) (Entered: 10/01/2013)
2013-10-15 36 0 REPLY (re 27 MOTION to Dismiss FOR LACK OF STANDING AND FAILURE TO STATE A CLAIM ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF SAME ) filed byBMW of North America LLC. (Yoshino, Troy) (Filed on 10/15/2013) (Entered: 10/15/2013)
2013-10-15 37 0 REPLY (re 29 MOTION to Strike 23 Amended Complaint CLASS ALLEGATIONS ) filed byBMW of North America LLC. (Yoshino, Troy) (Filed on 10/15/2013) (Entered: 10/15/2013)
2013-10-15 38 0 REPLY IN SUPPORT OF 30 BMW OF NORTH AMERICA, LLC'S REQUEST FOR JUDICIAL NOTICE by BMW of North America LLC. (Yoshino, Troy) (Filed on 10/15/2013) Modified on 10/16/2013 (ysS, COURT STAFF). (Entered: 10/15/2013)
2013-10-16 39 0 STIPULATION WITH PROPOSED ORDER re 29 MOTION to Strike 23 Amended Complaint CLASS ALLEGATIONS, 27 MOTION to Dismiss FOR LACK OF STANDING AND FAILURE TO STATE A CLAIM ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF SAME on Plaintiffs' Request to Continue Hearing Date; Declaration of Stuart C. Talley in Support Thereof filed by Eric Anderson, Monita Sharma. (Attachments: # 1 Proposed Order)(Talley, Stuart) (Filed on 10/16/2013) (Entered: 10/16/2013)
2013-10-21 40 0 ORDER ON STIPULATION ON PLAINTIFFS' REQUEST TO CONTINUE HEARING DATE ON DEFENDANT'S MOTION TO DISMISS AND MOTION TO STRIKE. The hearing on BMW's motion to dismiss and motion to strike set for November 1, 2013 is continued to November 15, 2013, at 9:00 a.m. Signed by Judge Maxine M. Chesney on October 21, 2013. (mmclc1, COURT STAFF) (Filed on 10/21/2013) (Entered: 10/21/2013)
2013-11-12 41 0 ORDER VACATING HEARING ON DEFENDANT'S MOTION TO DISMISS AND MOTION TO STRIKE. Signed by Judge Maxine M. Chesney on November 12, 2013. (mmclc1, COURT STAFF) (Filed on 11/12/2013) (Entered: 11/12/2013) 2013-11-13 07:26:14 666f1cdb0aa642a11dd683d4b80a43635c588c61
2013-11-25 42 0 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d (STATEMENT OF RECENT DECISION SUPPORTING BMWS MOTION AGAINST PLAINTIFFS FIRST AMENDED COMPLAINT) filed byBMW of North America LLC. (Attachments: # 1 Exhibit 1)(Related document(s) 41 , 27 ) (Carr, Aengus) (Filed on 11/25/2013) (Entered: 11/25/2013)
2013-11-27 43 0 Letter Brief re 42 Statement of Recent Decision, filed byEric Anderson, Monita Sharma. (Related document(s) 42 ) (Talley, Stuart) (Filed on 11/27/2013) (Entered: 11/27/2013)
2013-12-13 44 0 STIPULATION WITH PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE; DECLARATION OF AENGUS H. CARR IN SUPPORT THEREOF filed by BMW of North America LLC. (Attachments: # 1 Proposed Order [Proposed] Order on Stipulation to Continue Initial Case Management Conference)(Carr, Aengus) (Filed on 12/13/2013) (Entered: 12/13/2013)
2013-12-13 45 0 ORDER ON STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE. The initial case management conference currently set for January 10, 2014 is continued to March 7, 2014. Signed by Judge Maxine M. Chesney on December 13, 2013. (mmclc1, COURT STAFF) (Filed on 12/13/2013) (Entered: 12/13/2013)
2014-01-15 46 0 ORDER DIRECTING PLAINTIFFS TO SHOW CAUSE WHY CLAIM FOR INJUNCTIVE RELIEF SHOULD NOT BE DISMISSED FOR LACK OF STANDING, OR, IN THE ALTERNATIVE, AFFORDING PLAINTIFFS LEAVE TO AMEND. Plaintiffs are directed to show cause, in writing and no later than February 7, 2014, why their claim for injunctive relief should not be dismissed for lack of standing; additionally, plaintiffs may file, no later than February 7, 2014 and limited to three pages in length, a response to the Statement of Recent Decision filed by BMW on November 25, 2013. Alternatively, plaintiffs may respond to the instant order by filing, no later than February 7, 2014, a Second Amended Complaint. Signed by Judge Maxine M. Chesney on January 15, 2014. (mmclc1, COURT STAFF) (Filed on 1/15/2014) (Entered: 01/15/2014)
2014-02-07 47 0 [PLAINTIFFS' RESPONSE TO 42 STATEMENT OF RECENT DECISION BY BMW] by Eric Anderson, Monita Sharma. (Harris, Stephen) (Filed on 2/7/2014) Modified on 2/10/2014 (ysS, COURT STAFF). (Entered: 02/07/2014)
2014-02-07 48 0 Response to 46 Order to Show Cause filed by Eric Anderson, Monita Sharma. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 46 ) (Keller, Amy) (Filed on 2/7/2014) Modified on 2/10/2014 (ysS, COURT STAFF). (Entered: 02/07/2014)
2014-02-12 49 0 ORDER DISMISSING PLAINTIFFS' CLAIM FOR INJUNCTIVE RELIEF; AFFORDING PLAINTIFFS LEAVE TO FILE SECOND AMENDED COMPLAINT; CONTINUING CASE MANAGEMENT CONFERENCE. Plaintiffs' claim for injunctive relief is dismissed. Plaintiffs are afforded leave to file, no later than February 28, 2014, a Second Amended Complaint to allege any additional facts to establish their standing to seek injunctive relief and/or to add additional parties who can establish their standing to seek injunctive relief. The Case Management Conference is continued from March 7, 2014 to April 25, 2014, at 10:30 a.m. A Joint Case Management Statement shall be filed no later than April 18, 2014.Signed by Judge Maxine M. Chesney on February 12, 2014. (mmclc1, COURT STAFF) (Filed on 2/12/2014) (Entered: 02/12/2014)
2014-02-28 50 0 AMENDED COMPLAINT (Second) against BMW of North America LLC. Filed byMonita Sharma, Eric Anderson. (Talley, Stuart) (Filed on 2/28/2014) (Entered: 02/28/2014)
2014-02-28 51 0 Declaration of Absent Class member Tom Simon re 50 Amended Complaint filed by Eric Anderson, Monita Sharma. (Attachments: # 1 Certificate/Proof of Service)(Related document(s) 50 ) (Keller, Amy) (Filed on 2/28/2014) Modified on 3/3/2014 (ysS, COURT STAFF). (Entered: 02/28/2014)
2014-03-04 52 0 ORDER DENYING AS MOOT DEFENDANT'S MOTION TO DISMISS AND MOTION TO STRIKE CLASS ACTION ALLEGATIONS. Signed by Judge Maxine M. Chesney on March 4, 2014. (mmclc1, COURT STAFF) (Filed on 3/4/2014) (Entered: 03/04/2014)
2014-03-17 53 0 MOTION to Dismiss for Lack of Standing and Failure to State a Claim; Memorandum of Points and Authorities in Support of Same filed by BMW of North America LLC. Motion Hearing set for 5/2/2014 09:00 AM in Courtroom 7, 19th Floor, San Francisco before Hon. Maxine M. Chesney. Responses due by 3/31/2014. Replies due by 4/7/2014. (Attachments: # 1 Proposed Order)(Carr, Aengus) (Filed on 3/17/2014) (Entered: 03/17/2014)
2014-03-17 54 0 Request for Judicial Notice re 53 MOTION to Dismiss for Lack of Standing and Failure to State a Claim; Memorandum of Points and Authorities in Support of Same and 56 Motion to Strike Class Allegations filed byBMW of North America LLC. (Attachments: # 1 Exhibit Exhibit A to Request for Judicial Notice, # 2 Exhibit Exhibit B to Request for Judicial Notice, # 3 Exhibit Exhibit C to Request for Judicial Notice)(Related document(s) 53 ) (Carr, Aengus) (Filed on 3/17/2014) Modified on 3/18/2014 (ysS, COURT STAFF). (Entered: 03/17/2014)
2014-03-17 55 0 Declaration of Troy M. Yoshino in Support of 53 MOTION to Dismiss for Lack of Standing and Failure to State a Claim; Memorandum of Points and Authorities in Support of Same filed byBMW of North America LLC. (Attachments: # 1 Exhibit Exhibit A to Declaration of Troy Yoshino, # 2 Exhibit Exhibit B to Declaration of Troy Yoshino)(Related document(s) 53 ) (Carr, Aengus) (Filed on 3/17/2014) (Entered: 03/17/2014)
2014-03-17 56 0 MOTION to Strike Class Allegations; Memorandum of Points and Authorities in Support of Same filed by BMW of North America LLC. Motion Hearing set for 5/2/2014 09:00 AM in Courtroom 7, 19th Floor, San Francisco before Hon. Maxine M. Chesney. Responses due by 3/31/2014. Replies due by 4/7/2014. (Attachments: # 1 Proposed Order)(Yoshino, Troy) (Filed on 3/17/2014) (Entered: 03/17/2014)
2014-03-31 57 0 RESPONSE (re 56 MOTION to Strike Class Allegations; Memorandum of Points and Authorities in Support of Same ) filed byEric Anderson, Monita Sharma. (Kershaw, William) (Filed on 3/31/2014) (Entered: 03/31/2014)
2014-03-31 58 0 RESPONSE (re 53 MOTION to Dismiss for Lack of Standing and Failure to State a Claim; Memorandum of Points and Authorities in Support of Same ) filed byEric Anderson, Monita Sharma. (Kershaw, William) (Filed on 3/31/2014) (Entered: 03/31/2014)
2014-03-31 59 0 OBJECTIONS to re 54 Request for Judicial Notice,, by Eric Anderson, Monita Sharma. (Attachments: # 1 Exhibit 1, Declaration of Monita Sharma, # 2 Exhibit 2, Declaration of Eric Anderson)(Kershaw, William) (Filed on 3/31/2014) (Entered: 03/31/2014)
2014-04-07 60 0 REPLY (re 53 MOTION to Dismiss for Lack of Standing and Failure to State a Claim; Memorandum of Points and Authorities in Support of Same ) filed byBMW of North America LLC. (Attachments: # 1 Exhibit Exhibit 1 re Reply in Support of Motion to Dismiss)(Yoshino, Troy) (Filed on 4/7/2014) (Entered: 04/07/2014)
2014-04-07 61 0 Request for Judicial Notice re 60 Reply to Opposition/Response, filed byBMW of North America LLC. (Related document(s) 60 ) (Yoshino, Troy) (Filed on 4/7/2014) (Entered: 04/07/2014)
2014-04-07 62 0 REPLY (re 56 MOTION to Strike Class Allegations; Memorandum of Points and Authorities in Support of Same ) filed byBMW of North America LLC. (Yoshino, Troy) (Filed on 4/7/2014) (Entered: 04/07/2014)
2014-04-10 63 0 ADR Clerks Notice re: Non-Compliance with Court Order. (tjs, COURT STAFF) (Filed on 4/10/2014) (Entered: 04/10/2014)
2014-04-17 64 0 STIPULATION WITH PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE; DECLARATION OF AENGUS H. CARR IN SUPPORT THEREOF filed by BMW of North America LLC. (Attachments: # 1 Proposed Order Proposed Order on Stipulation to Continue Initial Case Management Conference)(Carr, Aengus) (Filed on 4/17/2014) (Entered: 04/17/2014)
2014-04-18 65 0 ORDER ON STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE. The initial case management conference currently set for April 25, 2014 is continued to June 13, 2014. Signed by Judge Maxine M. Chesney on April 18, 2014. (mmclc1, COURT STAFF) (Filed on 4/18/2014) (Entered: 04/18/2014)
2014-04-29 66 0 ORDER VACATING HEARING ON DEFENDANT'S MOTION TO DISMISS AND MOTION TO STRIKE CLASS ALLEGATIONS. Signed by Judge Maxine M. Chesney on April 29, 2014. (mmclc1, COURT STAFF) (Filed on 4/29/2014) (Entered: 04/29/2014)
2014-06-04 67 0 STIPULATION WITH PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE filed by BMW of North America LLC. (Attachments: # 1 Proposed Order ON STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE)(Carr, Aengus) (Filed on 6/4/2014) (Entered: 06/04/2014)
2014-06-10 68 0 ORDER ON STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE. The initial case management conference currently set for June 13, 2014 is continued to August 15, 2014. A Joint Case Management Statement shall be filed no later than August 8, 2014. Signed by Judge Maxine M. Chesney on June 10, 2014. (mmclc1, COURT STAFF) (Filed on 6/10/2014) (Entered: 06/10/2014)
2014-06-19 69 0 ORDER GRANTING DEFENDANT'S MOTION TO DISMISS; AFFORDING PLAINTIFFS LEAVE TO AMEND; DENYING AS MOOT DEFENDANT'S MOTION TO STRIKE CLASS ALLEGATIONS. The Second Amended Complaint is dismissed for failure to state a claim. If plaintiffs wish to file a Third Amended Complaint for purposes of curing any or all of the deficiencies identified with respect to the Second, Third, Fourth, Fifth, and/or Seventh Claims for Relief, any such Third Amended Complaint shall be filed no later than July 3, 2014. Signed by Judge Maxine M. Chesney on June 19, 2014. (mmclc1, COURT STAFF) (Filed on 6/19/2014) (Entered: 06/19/2014)
2014-07-02 70 0 MOTION for Leave to File filed by Eric Anderson, Monita Sharma. (Attachments: # 1 Proposed Third Amended Complaint, # 2 Proposed Order)(Kershaw, William) (Filed on 7/2/2014) (Entered: 07/02/2014)
2014-07-16 71 0 Statement of Non-Opposition re 70 MOTION for Leave to File Third Amended Complaint filed byBMW of North America LLC. (Related document(s) 70 ) (Knapp, Eric) (Filed on 7/16/2014) (Entered: 07/16/2014)
2014-07-18 72 0 ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE A THIRD AMENDED COMPLAINT; DIRECTIONS TO PLAINTIFFS. Plaintiffs are directed to file the proposed Third Amended Complaint no later than July 25, 2014. Signed by Judge Maxine M. Chesney on July 18, 2014. (mmclc1, COURT STAFF) (Filed on 7/18/2014) (Entered: 07/18/2014)
2014-07-23 73 0 STIPULATION WITH PROPOSED ORDER [STIPULATION ON DEFENDANTS RESPONSE TO THIRD AMENDED COMPLAINT AND REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE; DECLARATION OF ERIC J. KNAPP IN SUPPORT THEREOF] filed by BMW of North America LLC. (Attachments: # 1 Proposed Order)(Knapp, Eric) (Filed on 7/23/2014) (Entered: 07/23/2014)
2014-07-24 74 0 ORDER ON STIPULATION ON DEFENDANT'S RESPONSE TO THIRD AMENDED COMPLAINT AND REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE; CONTINUING CASE MANAGEMENT CONFERENCE TO DECEMBER 12, 2014. The deadline to respond to the TAC is August 25, 2014. Plaintiffs' opposition to any motion is due September 24, 2014, and defendant's reply is due October 8, 2014. The initial case management conference is continued from August 15, 2014 to December 12, 2014. A Joint Case Management Statement shall be filed by December 5, 2014. Signed by Judge Maxine M. Chesney on July 24, 2014. (mmclc1, COURT STAFF) (Filed on 7/24/2014) (Entered: 07/24/2014)
2014-07-25 75 0 AMENDED COMPLAINT (Third) against BMW of North America LLC. Filed byMonita Sharma, Eric Anderson. (Kershaw, William) (Filed on 7/25/2014) (Entered: 07/25/2014)
2014-08-25 76 0 MOTION to Dismiss for Failure to State a Claim; Memorandum of Points and Authorities in Support of Same filed by BMW of North America LLC. Motion Hearing set for 10/24/2014 09:00 AM in Courtroom 7, 19th Floor, San Francisco before Hon. Maxine M. Chesney. Responses due by 9/24/2014. Replies due by 10/8/2014. (Attachments: # 1 Proposed Order Granting BMW of North America, LLC's Motion to Dismiss for Failure to State a Claim)(Carr, Aengus) (Filed on 8/25/2014) (Entered: 08/25/2014)
2014-08-25 77 0 MOTION to Strike Class Allegations; Memorandum of Points and Authorities in Support of Same filed by BMW of North America LLC. Motion Hearing set for 10/24/2014 09:00 AM in Courtroom 7, 19th Floor, San Francisco before Hon. Maxine M. Chesney. Responses due by 9/24/2014. Replies due by 10/8/2014. (Attachments: # 1 Proposed Order Granting BMW of North America, LLC's Motion to Strike Class Allegations)(Carr, Aengus) (Filed on 8/25/2014) (Entered: 08/25/2014)
2014-09-24 78 0 RESPONSE (re 77 MOTION to Strike Class Allegations; Memorandum of Points and Authorities in Support of Same ) filed byEric Anderson, Monita Sharma. (Kershaw, William) (Filed on 9/24/2014) (Entered: 09/24/2014)
2014-09-24 79 0 RESPONSE (re 76 MOTION to Dismiss for Failure to State a Claim; Memorandum of Points and Authorities in Support of Same ) filed byEric Anderson, Monita Sharma. (Attachments: # 1 Declaration of Amy E. Keller)(Kershaw, William) (Filed on 9/24/2014) (Entered: 09/24/2014)
2014-10-08 80 0 REPLY (re 76 MOTION to Dismiss for Failure to State a Claim; Memorandum of Points and Authorities in Support of Same ) in Support of BMW of North America, LLC's Motion to Dismiss Plaintiffs' Third Amended Complaint for Failure to State a Claim filed byBMW of North America LLC. (Carr, Aengus) (Filed on 10/8/2014) (Entered: 10/08/2014)
2014-10-08 81 0 REPLY (re 77 MOTION to Strike Class Allegations; Memorandum of Points and Authorities in Support of Same ) in Support of BMW of North America, LLC's Motion to Strike Class Allegations filed byBMW of North America LLC. (Carr, Aengus) (Filed on 10/8/2014) (Entered: 10/08/2014)
2014-10-21 82 0 ORDER VACATING HEARING ON DEFENDANT'S MOTION TO DISMISS AND ON DEFENDANT'S MOTION TO STRIKE CLASS ALLEGATIONS. Signed by Judge Maxine M. Chesney on October 21, 2014. (mmclc1, COURT STAFF) (Filed on 10/21/2014) (Entered: 10/21/2014)
2014-11-26 83 0 STIPULATION WITH PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE; DECLARATION OF AENGUS H. CARR IN SUPPORT THEREOF filed by BMW of North America LLC. (Attachments: # 1 Proposed Order on Stipulation to Continue Initial Case Management Conference)(Carr, Aengus) (Filed on 11/26/2014) (Entered: 11/26/2014)
2014-12-01 84 0 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byBMW of North America LLC. (Related document(s) 76 ) (Carr, Aengus) (Filed on 12/1/2014) (Entered: 12/01/2014)
2014-12-02 85 0 ORDER ON STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE. The initial case management conference currently set for December 12, 2014, is continued to January 23, 2015, at 10:30 a.m. Signed by Judge Maxine M. Chesney on December 2, 2014.(mmclc1, COURT STAFF) (Filed on 12/2/2014) (Entered: 12/02/2014)
2015-01-06 86 0 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTION TO DISMISS. To the extent the motion seeks dismissal of the Third Claim for Relief, the motion is granted, and the Third Claim for Relief is dismissed without leave to amend. In all other respects, the motion is denied. Signed by Judge Maxine M. Chesney on January 6, 2015. (mmclc1, COURT STAFF) (Filed on 1/6/2015) (Entered: 01/06/2015)
2015-01-06 87 0 ORDER DENYING DEFENDANT'S MOTION TO STRIKE CLASS ALLEGATIONS. Signed by Judge Maxine M. Chesney on January 6, 2015. (mmclc1, COURT STAFF) (Filed on 1/6/2015) (Entered: 01/06/2015)
2015-01-16 88 0 JOINT CASE MANAGEMENT STATEMENT & [Proposed] Order filed by Eric Anderson, Monita Sharma. (Talley, Stuart) (Filed on 1/16/2015) (Entered: 01/16/2015)
2015-01-20 89 0 Stipulation on Defendant's Response to 75 Third Amended Complaint filed by BMW of North America LLC. (Carr, Aengus) (Filed on 1/20/2015) Modified on 1/21/2015 (ysS, COURT STAFF). (Entered: 01/20/2015)
2015-01-22 90 0 STIPULATION and Proposed Order selecting Mediation by BMW of North America LLC filed by BMW of North America LLC. (Carr, Aengus) (Filed on 1/22/2015) (Entered: 01/22/2015)
2015-01-23 91 0 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Carr, Aengus) (Filed on 1/23/2015) (Entered: 01/23/2015)
2015-01-23 92 0 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Talley, Stuart) (Filed on 1/23/2015) (Entered: 01/23/2015)
2015-01-27 93 0 Minute Entry for proceedings held before Hon. Maxine M. Chesney: Initial Case Management Conference held on 1/23/2015., Case referred to Private ADR. Amended Pleadings due by 3/27/2015. Case Management Statement due by 7/22/2016. Class Certification Discovery due by 9/18/2015. Further Case Management Conference set for 7/29/2016 10:30 AM in Courtroom 7, 19th Floor, San Francisco.FTR Time: 10:33 - 11:17. Plaintiff Attorney Ian Barlow and William Kershaw. Defendant Attorney Eric Knapp and Aengus Carr. Attachment Civil pretrial minutes - 1/23/2015.(tlS, COURT STAFF) (Date Filed: 1/27/2015) (Entered: 01/27/2015)
2015-01-27 94 0 ASSOCIATION of Counsel [NOTICE OF ASSOCIATION OF COUNSEL] by Eric Anderson, Monita Sharma. (Jardini, Andre) (Filed on 1/27/2015) (Entered: 01/27/2015)
2015-01-27 95 0 DEFENDANT BMW OF NORTH AMERICA, LLC'S ANSWER TO 75 PLAINTIFFS' THIRD AMENDED COMPLAINT byBMW of North America LLC. (Carr, Aengus) (Filed on 1/27/2015) Modified on 1/28/2015 (ysS, COURT STAFF). (Entered: 01/27/2015)
2015-01-27 96 0 STIPULATION WITH PROPOSED ORDER re SCHEDULING ORDER filed by BMW of North America LLC. (Carr, Aengus) (Filed on 1/27/2015) Modified on 1/28/2015 (ysS, COURT STAFF). (Entered: 01/27/2015)
2015-01-29 97 0 SCHEDULING ORDER. The hearing on plaintiffs' motion for class certification, if filed October 23, 2015, is June 17, 2016. Signed by Judge Maxine M. Chesney on January 29, 2015. (mmclc1, COURT STAFF) (Filed on 1/29/2015) (Entered: 01/29/2015)
2015-02-12 98 0 NOTICE by Eric Anderson, Monita Sharma [NOTICE OF WITHDRAWAL OF COUNSEL] (Jardini, Andre) (Filed on 2/12/2015) (Entered: 02/12/2015)
2015-05-08 99 0 NOTICE of Appearance by Adam Morris Rose for plaintiffs (Rose, Adam) (Filed on 5/8/2015) (Entered: 05/08/2015)
2015-06-25 100 0 STIPULATION WITH PROPOSED ORDER for Protective Order for Standard Litigation filed by Eric Anderson, Monita Sharma. (Kershaw, William) (Filed on 6/25/2015) (Entered: 06/25/2015)
2015-06-26 101 0 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION. Signed by Judge Maxine M. Chesney on June 26, 2015. (mmclc1, COURT STAFF) (Filed on 6/26/2015) (Entered: 06/26/2015)
2015-07-08 102 0 STIPULATION WITH PROPOSED ORDER Re: Discovery of Electronically Stored Information For Standard Litigation filed by Eric Anderson, Monita Sharma. (Kershaw, William) (Filed on 7/8/2015) (Entered: 07/08/2015)
2015-07-14 103 0 STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION FOR STANDARD LITIGATION. Signed by Judge Maxine M. Chesney on July 14, 2015. (mmclc1, COURT STAFF) (Filed on 7/14/2015) (Entered: 07/14/2015)
2015-09-08 104 0 STIPULATION WITH PROPOSED ORDER to Extend Discovery and Class Certification Deadlines and Continue Case Management Conference filed by Eric Anderson, Monita Sharma. (Attachments: # 1 Declaration of William A. Kershaw in Support)(Kershaw, William) (Filed on 9/8/2015) (Entered: 09/08/2015)
2015-09-10 105 0 ORDER APPROVING STIPULATION TO EXTEND DISCOVERY AND CLASS CERTIFICATION DEADLINES AND CONTINUE CASE MANAGEMENT CONFERENCE. Close of fact discovery - December 18, 2015. Plaintiffs' motion for class certification - February 12, 2016. Depositions of plaintiffs' experts completed - May 13, 2016. Opposition to motion for class certification - June 17, 2016. Deposition of defendant's experts completed - August 19, 2016. Reply in support of motion for class certification - September 9, 2016. Hearing on motion for class certification - October 14, 2016. Case Management Conference Statement due - November 11, 2016. Case Management Conference - November 18, 2016. Signed by Judge Maxine M. Chesney on September 10, 2015. (mmclc1, COURT STAFF) (Filed on 9/10/2015) (Entered: 09/10/2015)
2015-11-20 106 0 Administrative Motion to File Under Seal Documents Designated as Confidential filed by Eric Anderson, Monita Sharma. (Attachments: # 1 Declaration Declaration of Amy E. Keller in Support of Administrative Motion to Seal, # 2 Proposed Order, # 3 Redacted Version of Plaintiffs' Motion to Compel Document Production and Interrogatories, # 4 Unredacted Version of Plainitffs' Motion to Compel Document Production and Interrogatories, # 5 Declaration Declaration of Amy E. Keller in Support of Motion to Compel, # 6 Index of Exhibits for Motion to Compel, # 7 Exhibit Composite Exhibit A (Part 1 of 4), # 8 Exhibit Composite Exhibit A (Part 2 of 4), # 9 Exhibit Composite Exhibit A (Part 3 of 4), # 10 Exhibit Composite Exhibit A (Part 4 of 4), # 11 Exhibit Composite Exhibit B (Part 1 of 5), # 12 Exhibit Composite Exhibit B (Part 2 of 5), # 13 Exhibit Composite Exhibit B (Part 3 of 5), # 14 Exhibit Composite Exhibit B (Part 4 of 5), # 15 Exhibit Composite Exhibit B (Part 5 of 5), # 16 Exhibit C, # 17 Exhibit D, # 18 Exhibit Redacted Version of Exhibit E, # 19 Exhibit Unredacted Version of Exhibit E, # 20 Exhibit F, # 21 Exhibit G, # 22 Exhibit H, # 23 Exhibit I, # 24 Exhibit J, # 25 Exhibit K, # 26 Exhibit L, # 27 Exhibit M, # 28 Exhibit Redacted Version of Exhibit N, # 29 Exhibit Unredacted Version of Exhibit N, # 30 Exhibit Composite O, # 31 Exhibit P, # 32 Exhibit Q, # 33 Exhibit R, # 34 Exhibit Redacted Version of Exhibit S, # 35 Exhibit Unredacted Version of Exhibit S)(Keller, Amy) (Filed on 11/20/2015) (Entered: 11/20/2015)
2015-11-20 107 0 MOTION to Compel PRODUCTION OF DOCUMENTS IN RESPONSE TO DOCUMENT REQUEST NOS. 1-11, 20, 21, 24, 26-29, 32, 35, 42, 48, 49 AND RESPONSES TO INTERROGATORY NOS. 6-11, 16, 18-20, and 22 filed by Eric Anderson, Monita Sharma. Motion Hearing set for 1/8/2016 09:00 AM in Courtroom 7, 19th Floor, San Francisco before Hon. Maxine M. Chesney. Responses due by 12/4/2015. Replies due by 12/11/2015. (Attachments: # 1 Declaration Declaration of Amy E. Keller in Support of Plaintiffs' Motion to Compel, # 2 Exhibit Composite Exhibit A, Part I, # 3 Exhibit Composite Exhibit A, Part II, # 4 Exhibit Composite Exhibit A, Part III, # 5 Exhibit Composite Exhibit A, Part IV, # 6 Exhibit Composite Exhibit B.1, Filed Under Seal, # 7 Exhibit Exhibit B.2, Part I, # 8 Exhibit Exhibit B.2, Part II, # 9 Exhibit Exhibit C, # 10 Exhibit Exhibit D, # 11 Exhibit Exhibit E, Redacted, # 12 Exhibit Exhibit F, # 13 Exhibit Exhibit G, # 14 Exhibit Exhibit H, # 15 Exhibit Exhibit I, Filed Under Seal, # 16 Exhibit Exhibit J, # 17 Exhibit Exhibit K, # 18 Exhibit Exhibit L, # 19 Exhibit Exhibit M, # 20 Exhibit Exhibit N, # 21 Exhibit Composite Exhibit O, # 22 Exhibit Exhibit P, # 23 Exhibit Exhibit Q, # 24 Exhibit Exhibit R, # 25 Exhibit Exhibit S, Redacted, # 26 Certificate/Proof of Service, # 27 Proposed Order)(Keller, Amy) (Filed on 11/20/2015) (Entered: 11/20/2015)
2015-11-24 108 0 ORDER REFERRING TO MAGISTRATE JUDGE PLAINTIFFS' MOTION TO COMPEL AND MOTION TO SEAL; VACATING HEARING. Signed by Judge Maxine M. Chesney on November 24, 2015. (mmclc1, COURT STAFF) (Filed on 11/24/2015) (Entered: 11/24/2015)
2015-12-03 109 0 ORDER by Judge Kandis A. Westmore terminating 106 Administrative Motion to File Under Seal; terminating 107 Motion to Compel. (kawlc2S, COURT STAFF) (Filed on 12/3/2015) (Entered: 12/03/2015)
2015-12-16 110 0 Discovery Letter Brief re: BMW NA Retention Policies filed by Eric Anderson, Monita Sharma. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kershaw, William) (Filed on 12/16/2015) (Entered: 12/16/2015)
2015-12-16 111 0 Discovery Letter Brief re: Limited Scope of Discovery Responses filed by Eric Anderson, Monita Sharma. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Kershaw, William) (Filed on 12/16/2015) (Entered: 12/16/2015)
2015-12-17 112 0 Administrative Motion to File Under Seal filed by BMW of North America LLC. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Exhibit Ex. A - Unredacted version of discovery letter re Design and Manufacturing Documents and Responses, # 4 Exhibit Ex. B - Redacted version of discove letter re Design and Manufacturing Documents and Responses, # 5 Exhibit Ex. C - Unredacted version of Exhibit F to discovery letter re Design and Manufacturing Documents and Responses, # 6 Exhibit Ex. D - Unredacted version of Ex. G to Discovery Letter re Design and Manufacturing Documents and Responses, # 7 Signature Page (Declarations/Stipulations) Stipulation to File Documents Under Seal)(Carr, Aengus) (Filed on 12/17/2015) (Entered: 12/17/2015)
2015-12-17 113 0 REDACTED VERSION OF DOCUMENT SOUGHT TO BE SEALED Discovery Letter Briefre Design and Manufacturing Documents and Responses filed by BMW of North America LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G)(Carr, Aengus) (Filed on 12/17/2015) Modified on 12/18/2015 (ysS, COURT STAFF). (Entered: 12/17/2015)
2016-01-12 114 0 ORDER, Motions terminated: 111 Discovery Letter Brief re: Limited Scope of Discovery Responses filed by Monita Sharma, Eric Anderson, 110 Discovery Letter Brief re: BMW NA Retention Policies filed by Monita Sharma, Eric Anderson, 113 Discovery Letter Briefre Design and Manufacturing Documents and Responses filed by BMW of North America LLC.. Signed by Judge Kandis A. Westmore on 01/12/2016. (kawlc2S, COURT STAFF) (Filed on 1/12/2016) (Entered: 01/12/2016)
2016-01-12 115 0 Order by Magistrate Judge Kandis A. Westmore denying without prejudice 112 Administrative Motion to File Under Seal.(kawlc2S, COURT STAFF) (Filed on 1/12/2016) (Entered: 01/12/2016)
2016-01-25 116 0 MOTION for Leave to File Motion For Reconsideration of Plaintiffs Breach of Implied Warranty of Merchantability Claim Under The Song-Beverly Act; Motion For Leave To Amend Third Amended Complaint; And Motion To Stay Briefing On Class Certification Pending Resolution Of The Motions For Reconsideration And For Leave To Amend filed by Eric Anderson, Monita Sharma. (Attachments: # 1 Declaration of William A. Kershaw, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Order)(Kershaw, William) (Filed on 1/25/2016) (Entered: 01/25/2016)
2016-01-27 117 0 RESPONSE (re 116 MOTION for Leave to File Motion For Reconsideration of Plaintiffs Breach of Implied Warranty of Merchantability Claim Under The Song-Beverly Act; Motion For Leave To Amend Third Amended Complaint; And Motion To Stay Briefing On Class Certification ) Objection to Plaintiffs' Motion for Leave to File Motion for Reconsideration filed byBMW of North America LLC. (Carr, Aengus) (Filed on 1/27/2016) (Entered: 01/27/2016)
2016-01-28 118 0 Ex Parte Application to Extend Discovery and Class Certification Deadlines filed by Eric Anderson, Monita Sharma. (Attachments: # 1 Declaration of William A. Kershaw, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order)(Kershaw, William) (Filed on 1/28/2016) (Entered: 01/28/2016)
2016-01-28 119 0 MOTION for Summary Judgment and Motion to Dismiss for Lack of Standing filed by BMW of North America LLC. Motion Hearing set for 3/4/2016 09:00 AM in Courtroom 7, 19th Floor, San Francisco before Hon. Maxine M. Chesney. Responses due by 2/11/2016. Replies due by 2/18/2016. (Attachments: # 1 Proposed Order, # 2 Declaration Declaration of Eric Knapp, # 3 Exhibit Knapp Exhibit A, # 4 Exhibit Knapp Exhibit B, # 5 Exhibit Knapp Exhibit C, # 6 Exhibit Knapp Exhibit D, # 7 Exhibit Knapp Exhibit E, # 8 Declaration Declaration of Johnny Thomas, # 9 Exhibit Thomas Exhibit A, # 10 Exhibit Thomas Exhibit B, # 11 Exhibit Thomas Exhibit C)(Grantz, Jenny) (Filed on 1/28/2016) (Entered: 01/28/2016)
2016-01-29 120 0 ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION OF PLAINTIFFS' BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY CLAIM UNDER BEVERLY-SONG ACT; AND GRANTING PLAINTIFFS' MOTION TO STAY BRIEFING ON CLASS CERTIFICATION PENDING RESOLUTION OF PLAINTIFFS' MOTIONS FOR RECONSIDERATION AND FOR LEAVE TO AMEND. Plaintiffs shall file, no later than February 5, 2016, a Motion for Reconsideration or, alternatively, a statement that their Motion for Leave to File a Motion for Reconsideration may be deemed their Motion for Reconsideration. Class certification briefing is stayed. Signed by Judge Maxine M. Chesney on January 29, 2016. (mmclc1, COURT STAFF) (Filed on 1/29/2016) (Entered: 01/29/2016)
2016-02-01 121 0 BMW's RESPONSE/Opposition (re 118 Ex Parte Application to Extend Discovery and Class Certification Deadlines ) filed byBMW of North America LLC. (Attachments: # 1 Declaration)(Yoshino, Troy) (Filed on 2/1/2016) Modified on 2/2/2016 (ysS, COURT STAFF). (Entered: 02/01/2016)
2016-02-02 122 0 ORDER DENYING IN PART AS MOOT AND REFERRING IN PART TO MAGISTRATE JUDGE PLAINTIFFS' APPLICATION TO EXTEND DISCOVERY AND CLASS CERTIFICATION DEADLINES. To the extent the application seeks an order extending the February 12, 2016, deadline to file a motion for class certification, the application is denied as moot. To the extent the application seeks an order extending the December 18, 2015, deadline to complete fact discovery, the application is referred to the Honorable Kandis A. Westmore. In the event the parties file a joint letter or letters in conformity with the directions in Magistrate Judge Westmore's order of January 12, 2016, and if Magistrate Judge Westmore finds good cause has been shown for additional discovery, she may, as she deems appropriate, extend the fact discovery deadline to allow completion of any such additional discovery. Signed by Judge Maxine M. Chesney on February 2, 2016. (mmclc1, COURT STAFF) (Filed on 2/2/2016) (Entered: 02/02/2016)
2016-02-04 123 0 STIPULATION WITH PROPOSED ORDER re (1) Plaintiffs Motion for Leave to Amend their Complaint; (2) Defendants Motion to Dismiss and Motion for Summary Judgment; and (3) Deeming Plaintiffs Motion for Leave to File Motion for Reconsideration as their Motion for Reconsideration filed by Eric Anderson, Monita Sharma. (Attachments: # 1 Declaration of William A. Kershaw)(Kershaw, William) (Filed on 2/4/2016) (Entered: 02/04/2016)
2016-02-05 124 0 ORDER RE: (1) PLAINTIFFS' MOTION FOR LEAVE TO AMEND THEIR COMPLAINT; (2) DEFENDANT'S MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT; AND (3) DEEMING PLAINTIFFS' MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION AS THEIR MOTION FOR RECONSIDERATION. Defendant's opposition to the motion for reconsideration shall be due on February 17, 2016, and plaintiffs' reply shall be due on February 24, 2016. Defendant's opposition to plaintiffs' administrative motion to stay briefing on defendant's motion, if filed February 5, 2016, is due by February 12, 2016. Signed by Judge Maxine M. Chesney on February 5, 2016. (mmclc1, COURT STAFF) (Filed on 2/5/2016) (Entered: 02/05/2016)
2016-02-05 125 0 MOTION to Stay re 119 MOTION for Summary Judgment and Motion to Dismiss for Lack of Standing filed by Eric Anderson, Monita Sharma. Responses due by 2/12/2016. (Attachments: # 1 Declaration of William A. Kershaw, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order)(Kershaw, William) (Filed on 2/5/2016) (Entered: 02/05/2016)
2016-02-12 126 0 RESPONSE/Opposition (re 125 Administrative MOTION to Stay re 119 MOTION for Summary Judgment and Motion to Dismiss for Lack of Standing ) filed byBMW of North America LLC. (Yoshino, Troy) (Filed on 2/12/2016) Modified on 2/16/2016 (ysS, COURT STAFF). (Entered: 02/12/2016)
2016-02-12 127 0 DECLARATION of ERIC J. KNAPP in Support of 126 Opposition/Response to Plaintiffs' Administrative Motion TO STAY BRIEFING ON BMW'S MOTION TO DISMISS FOR LACK OF STANDING AND SUMMARY JUDGMENT MOTION (DKT. 125) filed by BMW of North America LLC. (Attachments: # 1 Exhibit EXHIBIT A, # 2 Exhibit EXHIBIT B)(Related document(s) 126 ) (Yoshino, Troy) (Filed on 2/12/2016) Modified on 2/16/2016 (ysS, COURT STAFF). (Entered: 02/12/2016)
2016-02-17 128 0 Brief re 124 Order on Stipulation,, 120 Order on Motion for Leave to File,, BMW OF NORTH AMERICA, LLC'S OPPOSITION TO PLAINTIFFS' MOTION FOR RECONSIDERATION [DKT. 116] filed byBMW of North America LLC. (Related document(s) 124 , 120 ) (Yoshino, Troy) (Filed on 2/17/2016) (Entered: 02/17/2016)
2016-02-24 129 0 Brief re 124 Order on Stipulation,, Reply in Support of Motion for Reconsideration of Plaintiffs Breach of Implied Warranty of Merchantability Claim under the Song-Beverly Act filed byEric Anderson, Monita Sharma. (Related document(s) 124 ) (Kershaw, William) (Filed on 2/24/2016) (Entered: 02/24/2016)
2016-02-29 130 0 Discovery Letter Brief re: BMW NA Retention Policies filed by Eric Anderson, Monita Sharma. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kershaw, William) (Filed on 2/29/2016) (Entered: 02/29/2016)
2016-03-01 131 0 STIPULATION WITH PROPOSED ORDER for Leave to Exceed Page Limit for Attachments Related to Discovery Letter Briefs filed by Eric Anderson, Monita Sharma. (Kershaw, William) (Filed on 3/1/2016) (Entered: 03/01/2016)
2016-03-02 132 0 NOTICE by BMW of North America LLC Notice of Change of Law Firm Affiliation (Carr, Aengus) (Filed on 3/2/2016) (Entered: 03/02/2016)
2016-03-07 133 0 STIPULATION AND ORDER re 131 STIPULATION WITH PROPOSED ORDER for Leave to Exceed Page Limit for Attachments Related to Discovery Letter Briefs filed by Monita Sharma, Eric Anderson. Signed by Magistrate Judge Kandis A. Westmore on 3/7/16. (sisS, COURT STAFF) (Filed on 3/7/2016) (Entered: 03/08/2016)
2016-03-08 134 0 Discovery Letter Brief re: Design and Manufacturing Documents and Responses filed by Eric Anderson, Monita Sharma. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Kershaw, William) (Filed on 3/8/2016) (Entered: 03/08/2016)
2016-03-08 135 0 Discovery Letter Brief re: Limited Scope of Discovery Responses filed by Eric Anderson, Monita Sharma. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Kershaw, William) (Filed on 3/8/2016) (Entered: 03/08/2016)
2016-03-09 136 0 Consent MOTION to Substitute Attorney filed by Monita Sharma. (Kershaw, William) (Filed on 3/9/2016) (Entered: 03/09/2016)
2016-03-09 137 0 Consent MOTION to Substitute Attorney filed by Eric Anderson. (Kershaw, William) (Filed on 3/9/2016) (Entered: 03/09/2016)
2016-03-10 138 0 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY. William A. Kershaw of Kershaw, Cook & Talley PC is substituted as counsel of record for plaintiff Monita Sharma in place of William A. Kershaw, Stuart C. Talley, and Ian J. Barlow of Kershaw, Cutler & Ratinoff LLP. Signed by Judge Maxine M. Chesney on March 10, 2016. (mmclc1, COURT STAFF) (Filed on 3/10/2016) (Entered: 03/10/2016)
2016-03-10 139 0 CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY. William A. Kershaw of Kershaw, Cook & Talley PC is substituted as counsel of record for plaintiff Eric Anderson in place of William A. Kershaw of Kershaw, Cutler & Ratinoff LLP. Signed by Judge Maxine M. Chesney on March 10, 2016. (mmclc1, COURT STAFF) (Filed on 3/10/2016) (Entered: 03/10/2016)
2016-03-14 140 0 ORDER GRANTING PLAINTIFFS' MOTION FOR RECONSIDERATION; VACATING ORDER DISMISSING THIRD CLAIM FOR RELIEF; DIRECTING DEFENDANT TO FILE AMENDED ANSWER. Defendant is directed to file, no later than March 28, 2016, an amended answer to the TAC. Signed by Judge Maxine M. Chesney on March 14, 2016. (mmclc1, COURT STAFF) (Filed on 3/14/2016) (Entered: 03/14/2016)
2016-03-15 141 0 ORDER regarding 130 Discovery Letter Brief re: BMW NA Retention Policies filed by Monita Sharma, Eric Anderson, 135 Discovery Letter Brief re: Limited Scope of Discovery Responses filed by Monita Sharma, Eric Anderson, 134 Discovery Letter Brief re: Design and Manufacturing Documents and Responses filed by Monita Sharma, Eric Anderson. Signed by Judge Kandis A. Westmore on 03/15/2016. (kawlc2S, COURT STAFF) (Filed on 3/15/2016) (Entered: 03/15/2016) 2016-11-10 13:41:22 c9810f47dd935772103904821b4e1f9e3bac3880
2016-03-28 142 0 DEF. BMW OF NORTH AMERICA, LLC'S AMENDED ANSWER to 75 Third Amended Complaint BMW OF NORTH AMERICA, LLC'S AMENDED ANSWER TO PLAINTIFFS' THIRD AMENDED COMPLAINT byBMW of North America LLC. (Carr, Aengus) (Filed on 3/28/2016) Modified on 3/29/2016 (ysS, COURT STAFF). (Entered: 03/28/2016)
2016-03-29 143 0 MOTION for Relief From Nondispositive Pretrial Order of Magistrate Judge re 141 Order,, Terminate Motions, filed by Eric Anderson, Monita Sharma. Responses due by 4/12/2016. (Attachments: # 1 Declaration of Ian J. Barlow, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Proposed Order)(Barlow, Ian) (Filed on 3/29/2016) (Entered: 03/29/2016)
2016-04-01 144 0 ORDER DENYING WITHOUT PREJUDICE PLAINTIFFS' MOTION FOR RELIEF FROM NONDISPOSITIVE PRETRIAL ORDER OF MAGISTRATE JUDGE. Plaintiffs' Objections are denied, without prejudice to plaintiffs' filing, before Magistrate Judge Westmore and no later than April 15, 2016, a motion for leave to file a motion for reconsideration. Signed by Judge Maxine M. Chesney on April 1, 2016. (mmclc1, COURT STAFF) (Filed on 4/1/2016) (Entered: 04/01/2016) 2016-05-26 15:32:15 ce5f084d4261e53b7d7e6a3981a66d477d727f17
2016-04-01 145 0 ORDER DENYING PLAINTIFFS' ADMINISTRATIVE MOTION TO STAY BRIEFING ON DEFENDANT'S MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT; SETTING BRIEFING SCHEDULE AND HEARING. No later than April 15, 2016, defendant shall file a supplemental memorandum, not to exceed five pages in length, excluding exhibits, setting forth its argument as to the Third Claim for Relief. No later than May 6, 2016, plaintiffs shall file their opposition to defendant's motion. No later than May 20, 2016, defendant shall file its reply.The hearing on defendant's motion is set for June 3, 2016, at 9:00 a.m. Signed by Judge Maxine M. Chesney on April 1, 2016. (mmclc1, COURT STAFF) (Filed on 4/1/2016) (Entered: 04/01/2016)
2016-04-15 146 0 MOTION for Reconsideration re 141 Order,, Terminate Motions, filed by Eric Anderson, Monita Sharma. (Attachments: # 1 Declaration of Ian J. Barlow, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Proposed Order)(Barlow, Ian) (Filed on 4/15/2016) (Entered: 04/15/2016)
2016-04-15 147 0 Supplemental Brief re 119 MOTION for Summary Judgment and Motion to Dismiss for Lack of Standing filed byBMW of North America LLC. (Attachments: # 1 Declaration Declaration of A. Carr ISO Suppl Memo re Implied Warranty in support of Rule 12(b)(1) Mtn to Dismiss and MSJ by BMW NA, LLC, # 2 Exhibit Exhibit A to Carr Declaration, # 3 Exhibit Exhibit B to Carr Declaration, # 4 Exhibit Exhibit C to Carr Declaration, # 5 Exhibit Exhibit D to Carr Declaration)(Related document(s) 119 ) (Carr, Aengus) (Filed on 4/15/2016) (Entered: 04/15/2016)
2016-04-19 148 0 RESPONSE (re 146 MOTION for Reconsideration re 141 Order,, Terminate Motions, ) BMW OF NORTH AMERICA, LLC's OBJECTION TO PLAINTIFFS' MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION (DKT. 146) filed byBMW of North America LLC. (Knapp, Eric) (Filed on 4/19/2016) (Entered: 04/19/2016)
2016-04-29 149 0 Order by Magistrate Judge Kandis A. Westmore denying 146 Motion for Reconsideration.(kawlc2S, COURT STAFF) (Filed on 4/29/2016) (Entered: 04/29/2016)
2016-05-06 150 0 Administrative Motion to File Under Seal Documents and Testimony Designated by Defendants as Confidential filed by Eric Anderson, Monita Sharma. (Attachments: # 1 Declaration of William A. Kershaw, # 2 Proposed Order, # 3 Redacted Version of Exhibit 18, # 4 Unredacted Version of Exhibit 18, # 5 Redacted Version of Exhibit 19, # 6 Unredacted Version of Exhibit 19, # 7 Redacted Version of Exhibit 21, # 8 Unredacted Version of Exhibit 21, # 9 Redacted Version of Exhibit 22, # 10 Unredacted Version of Exhibit 22 (part 1), # 11 Unredacted Version of Exhibit 22 (part 2), # 12 Redacted Version of Exhibit 25, # 13 Unredacted Version of Exhibit 25, # 14 Redacted Version of Exhibit 26 (part 1), # 15 Redacted Version of Exhibit 26 (part 2), # 16 Redacted Version of Exhibit 26 (part 3), # 17 Unredacted Version of Exhibit 26 (part 1), # 18 Unredacted Version of Exhibit 26 (part 2), # 19 Unredacted Version of Exhibit 26 (part 3), # 20 Redacted Version of Exhibit 27, # 21 Unredacted Version of Exhibit 27)(Kershaw, William) (Filed on 5/6/2016) (Entered: 05/06/2016)
2016-05-06 151 0 RESPONSE (re 119 MOTION for Summary Judgment and Motion to Dismiss for Lack of Standing ) filed byEric Anderson, Monita Sharma. (Attachments: # 1 Declaration of William A. Kershaw, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Declaration of William D. Guentzler, # 30 Declaration of Monita Sharma, # 31 Declaration of Eric Anderson)(Kershaw, William) (Filed on 5/6/2016) (Entered: 05/06/2016)
2016-05-10 152 0 Declaration of Aengus H. Carr in Support of 150 Administrative Motion to File Under Seal Documents and Testimony Designated by Defendants as Confidential filed byBMW of North America LLC. (Related document(s) 150 ) (Carr, Aengus) (Filed on 5/10/2016) (Entered: 05/10/2016)
2016-05-16 153 0 MOTION to Remove Incorrectly Filed Document filed by Eric Anderson, Monita Sharma. (Attachments: # 1 Proposed Order)(Kershaw, William) (Filed on 5/16/2016) (Entered: 05/16/2016)
2016-05-17 154 0 Amended Administrative Motion to File Under Seal filed by Eric Anderson, Monita Sharma. (Attachments: # 1 Declaration of William A. Kershaw, # 2 Proposed Order, # 3 Exhibit Redacted Version of Exhibit 18, # 4 Exhibit Unredacted Version of Exhibit 18, # 5 Exhibit Redacted Version of Exhibit 19, # 6 Exhibit Unredacted Version of Exhibit 19, # 7 Exhibit Redacted Version of Exhibit 20, # 8 Exhibit Unredacted Version of Exhibit 20, # 9 Exhibit Redacted Version of Exhibit 21, # 10 Exhibit Unredacted Version of Exhibit 21, # 11 Exhibit Redacted Version of Exhibit 22, # 12 Exhibit Unredacted Version of Exhibit 22, # 13 Exhibit Redacted Version of Exhibit 23, # 14 Exhibit Unredacted Version of Exhibit 23, # 15 Exhibit Redacted Version of Exhibit 24, # 16 Exhibit Unredacted Version of Exhibit 24, # 17 Exhibit Redacted Version of Exhibit 25, # 18 Exhibit Unredacted Version of Exhibit 25, # 19 Exhibit Redacted Version of Exhibit 26, # 20 Exhibit Unredacted Version of Exhibit 26, # 21 Exhibit Redacted Version of Exhibit 27, # 22 Exhibit Unredacted Version of Exhibit 27)(Kershaw, William) (Filed on 5/17/2016) (Entered: 05/17/2016)
2016-05-17 155 0 EXHIBITS re 151 Opposition/Response to Motion,,, Corrected Exhibit 15 to Declaration of William A. Kershaw filed byEric Anderson, Monita Sharma. (Related document(s) 151 ) (Kershaw, William) (Filed on 5/17/2016) (Entered: 05/17/2016)
2016-05-17 156 0 EXHIBITS re 151 Opposition/Response to Motion,,, Corrected Exhibit 18 to Declaration of William A. Kershaw filed byEric Anderson, Monita Sharma. (Related document(s) 151 ) (Kershaw, William) (Filed on 5/17/2016) (Entered: 05/17/2016)
2016-05-17 157 0 EXHIBITS re 151 Opposition/Response to Motion,,, Corrected Exhibit 19 to Declaration of William A. Kershaw filed byEric Anderson, Monita Sharma. (Related document(s) 151 ) (Kershaw, William) (Filed on 5/17/2016) (Entered: 05/17/2016)
2016-05-17 158 0 EXHIBITS re 151 Opposition/Response to Motion,,, Corrected Exhibit 20 to Declaration of William A. Kershaw filed byEric Anderson, Monita Sharma. (Related document(s) 151 ) (Kershaw, William) (Filed on 5/17/2016) (Entered: 05/17/2016)
2016-05-17 159 0 EXHIBITS re 151 Opposition/Response to Motion,,, Corrected Exhibit 21 to Declaration of William A. Kershaw filed byEric Anderson, Monita Sharma. (Related document(s) 151 ) (Kershaw, William) (Filed on 5/17/2016) (Entered: 05/17/2016)
2016-05-17 160 0 EXHIBITS re 151 Opposition/Response to Motion,,, Corrected Exhibit 22 to Declaration of William A. Kershaw filed byEric Anderson, Monita Sharma. (Related document(s) 151 ) (Kershaw, William) (Filed on 5/17/2016) (Entered: 05/17/2016)
2016-05-17 161 0 EXHIBITS re 151 Opposition/Response to Motion,,, Corrected Exhibit 23 to Declaration of William A. Kershaw filed byEric Anderson, Monita Sharma. (Related document(s) 151 ) (Kershaw, William) (Filed on 5/17/2016) (Entered: 05/17/2016)
2016-05-17 162 0 EXHIBITS re 151 Opposition/Response to Motion,,, Corrected Exhibit 24 to Declaration of William A. Kershaw filed byEric Anderson, Monita Sharma. (Related document(s) 151 ) (Kershaw, William) (Filed on 5/17/2016) (Entered: 05/17/2016)
2016-05-17 163 0 EXHIBITS re 151 Opposition/Response to Motion,,, Corrected Exhibit 25 to Declaration of William A. Kershaw filed byEric Anderson, Monita Sharma. (Related document(s) 151 ) (Kershaw, William) (Filed on 5/17/2016) (Entered: 05/17/2016)
2016-05-17 164 0 EXHIBITS re 151 Opposition/Response to Motion,,, Corrected Exhibit 26 to Declaration of William A. Kershaw filed byEric Anderson, Monita Sharma. (Related document(s) 151 ) (Kershaw, William) (Filed on 5/17/2016) (Entered: 05/17/2016)
2016-05-17 165 0 EXHIBITS re 151 Opposition/Response to Motion,,, Corrected Exhibit 27 to Declaration of William A. Kershaw filed byEric Anderson, Monita Sharma. (Related document(s) 151 ) (Kershaw, William) (Filed on 5/17/2016) (Entered: 05/17/2016)
2016-05-18 166 0 ORDER GRANTING PLAINTIFFS' MOTION TO REMOVE INCORRECTLY FILED DOCUMENTS; DIRECTIONS TO PLAINTIFFS. Plaintiffs shall re-file the correct versions of the documents previously designated as Dkt. Nos. 150 and 151. Signed by Judge Maxine M. Chesney on May 18, 2016. (mmclc1, COURT STAFF) (Filed on 5/18/2016) (Entered: 05/18/2016)
2016-05-20 167 0 REPLY (re 119 MOTION for Summary Judgment and Motion to Dismiss for Lack of Standing ) filed byBMW of North America LLC. (Attachments: # 1 Declaration Reply Declaration of A. Carr in Support of BMW's Motion to Dismiss Plaintiffs' Claims for Lack of Standing and MSJ, # 2 Exhibit Exhibit A to A. Carr Declaration, # 3 Exhibit Exhibit B to A. Carr Declaration, # 4 Declaration Reply Decl of J. Thomas in Support of BMW's Motion to Dismiss Plaintiffs' Claims for Lack of Standing and MSJ, # 5 Exhibit Exhibit A to J. Thomas Declaration, # 6 Exhibit Exhibit B to J. Thomas Declaration)(Carr, Aengus) (Filed on 5/20/2016) (Entered: 05/20/2016)
2016-05-20 168 0 MOTION to Strike 151 Opposition/Response to Motion,,, Guentzler Declaration filed by BMW of North America LLC. Motion Hearing set for 6/24/2016 09:00 AM in Courtroom 7, 19th Floor, San Francisco before Hon. Maxine M. Chesney. Responses due by 6/3/2016. Replies due by 6/10/2016. (Carr, Aengus) (Filed on 5/20/2016) (Entered: 05/20/2016)
2016-05-23 169 0 ERRATA re 167 Reply to Opposition/Response,, in Support of its Motion to Dismiss Plaintiffs' Claims for Lack of Standing and Motion for Summary Judgment by BMW of North America LLC. (Carr, Aengus) (Filed on 5/23/2016) (Entered: 05/23/2016)
2016-05-26 170 0 ORDER CONTINUING HEARING ON DEFENDANT'S MOTION TO DISMISS AND FOR SUMMARY JUDGMENT. The hearing on defendant's motion to dismiss and for summary judgment is continued from June 3, 2016, to June 24, 2016. Signed by Judge Maxine M. Chesney on May 26, 2016. (mmclc1, COURT STAFF) (Filed on 5/26/2016) (Entered: 05/26/2016)
2016-06-03 171 0 RESPONSE (re 168 MOTION to Strike 151 Opposition/Response to Motion,,, Guentzler Declaration ) Plaintiffs Opposition to Motion to Strike the Declaration of William D. Guentzler in Opposition to Motion to Dismiss Claims for Lack of Standing and for Summary Judgment filed byEric Anderson, Monita Sharma. (Kershaw, William) (Filed on 6/3/2016) (Entered: 06/03/2016)
2016-06-07 172 0 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' ADMINISTRATIVE MOTION TO SEAL DOCUMENTS; DIRECTIONS TO PLAINTIFFS. Signed by Judge Maxine M. Chesney on June 7, 2016. (mmclc1, COURT STAFF) (Filed on 6/7/2016) (Entered: 06/07/2016)
2016-06-09 173 0 EXHIBITS re 151 Opposition/Response to Motion,,, 172 Order on Administrative Motion to File Under Seal, Exhibit 18 to Declaration of William A. Kershaw in Support of Plaintiffs' Opposition to BMW of North America, LLC's Motion to Dismiss Plaintiffs' Claims for Lack of Standing and Motion for Summary Judgment filed byEric Anderson, Monita Sharma. (Related document(s) 151 , 172 ) (Kershaw, William) (Filed on 6/9/2016) (Entered: 06/09/2016)
2016-06-09 174 0 EXHIBITS re 151 Opposition/Response to Motion,,, 172 Order on Administrative Motion to File Under Seal, Exhibit 19 to Declaration of William A. Kershaw in Support of Plaintiffs' Opposition to BMW of North America, LLC's Motion to Dismiss Plaintiffs' Claims for Lack of Standing and Motion for Summary Judgment filed byEric Anderson, Monita Sharma. (Related document(s) 151 , 172 ) (Kershaw, William) (Filed on 6/9/2016) (Entered: 06/09/2016)
2016-06-10 175 0 REPLY (re 168 MOTION to Strike 151 Opposition/Response to Motion,,, Guentzler Declaration ) BMW'S REPLY IN SUPPORT OF MOTION TO STRIKE THE DECLARATION OF WILLIAM D. GUENTZLER IN OPPOSITION TO MOTION TO DISMISS CLAIMS FOR LACK OF STANDING AND FOR SUMMARY JUDGMENT filed byBMW of North America LLC. (Carr, Aengus) (Filed on 6/10/2016) (Entered: 06/10/2016)
2016-06-17 176 0 ORDER VACATING HEARING ON DEFENDANT'S MOTION TO DISMISS AND FOR SUMMARY JUDGMENT AND ON DEFENDANT'S MOTION TO STRIKE. Signed by Judge Maxine M. Chesney on June 17, 2016.(mmclc1, COURT STAFF) (Filed on 6/17/2016) (Entered: 06/17/2016)
2016-08-18 177 0 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; DIRECTIONS TO PARTIES. To the extent BMW seeks summary judgment on the claims asserted on behalf of plaintiff Sharma, the motion is granted. To the BMW seeks summary judgment on the claims asserted on behalf of plaintiff Anderson, the motion is granted as to all claims other than those based on the RDC module, and to the extent the claims asserted on behalf of Anderson are based on the RDC module, the motion is denied. The parties are directed to file, no later than fourteen days from the date of this order, either (a) a stipulation setting forth a proposed briefing schedule and hearing date on plaintiffs' motion for class certification, or (b) if the parties are unable to so stipulate, a joint statement setting forth their respective proposed schedules. Signed by Judge Maxine M. Chesney on August 18, 2016. (mmclc1, COURT STAFF) (Filed on 8/18/2016) (Entered: 08/18/2016)
2016-09-01 178 0 Statement -Joint Statement re Schedule for Class Certification by Eric Anderson, Monita Sharma. (Attachments: # 1 Attachment A)(Kershaw, William) (Filed on 9/1/2016) (Entered: 09/01/2016)
2016-09-09 179 0 ORDER SETTING BRIEFING SCHEDULE AND HEARING ON MOTION FOR CLASS CERTIFICATION. No later than October 28, 2016, plaintiff Eric Anderson shall file his motion for class certification. No later than December 6, 2016, plaintiff shall produce his expert(s) for deposition. No later than January 13, 2017, defendant BMW of North America, Inc. shall file its opposition to the motion for class certification. No later than February 7, 2017, defendant shall produce its expert(s) for deposition. No later than March 3, 2017, plaintiff shall file his reply. The hearing on the motion is scheduled for March 31, 2017, at 9:00 a.m. Signed by Judge Maxine M. Chesney on September 9, 2016. (mmclc1, COURT STAFF) (Filed on 9/9/2016) (Entered: 09/09/2016)
2016-10-18 180 0 STIPULATION WITH PROPOSED ORDER STIPULATION AND [PROPOSED] ORDER RE: CLASS CERTIFICATION BRIEFING SCHEDULE filed by BMW of North America LLC. (Yoshino, Troy) (Filed on 10/18/2016) (Entered: 10/18/2016)
2016-10-19 181 0 STIPULATION AND ORDER RE: CLASS CERTIFICATION BRIEFING SCHEDULE. The briefing schedule is modified as follows. No later than December 2, 2016, plaintiff shall file his motion for class certification. No later than January 27, 2017, plaintiff shall produce his expert(s) for deposition. No later than March 6, 2017, defendant BMW of North America, Inc. shall file its opposition to the motion for class certification. No later than March 31, 2017, defendant shall produce its expert(s) for deposition. No later than April 24, 2017, plaintiff shall file his reply. The hearing on the motion is scheduled for May 26, 2017, at 9:00 a.m. Signed by Judge Maxine M. Chesney on 10/19/16. (mmclc2, COURT STAFF) (Filed on 10/19/2016) (Entered: 10/19/2016)