Case: Cason v. Nissan Motor Acceptance Corp.

Cason v. Nissan Mtr Accept

Cason v. Nissan Motor Acceptance Corporation

Cason v. Nissan Motor Acceptance Corp

No Court

Cason v. Nissan Motor Acceptance Corp

No Court

Cason v. Nissan Motors Acceptance Corporation

No Court

NOTICE OF REMOVAL by deft w/exhibit A att'd from Chanc Ct/Davidson Cty Case Number: 98−378−II (bbj) (Entered: 03/17/1998)

REMARK − copy of Notice of ICMC sent to attys (bbj) (Entered: 03/17/1998)

AMENDED COMPLAINT by pltf; adding Action Nissan, Inc.; jury demand (ts) (Entered: 04/30/1998)

ORDER by Magistrate Judge Juliet E. Griffin; to allow sufficient time for the newly added deft to be served, obtain counsel, &respond to the amended cmp, the parties are relieved of their responsibility to submit an initial case management order including the matters addressed at the initial case management conference held on 4/21/98. The matters will be readdressed at the case management conference set for 6/26/98 at 9:00am. (EOD 5/1/98) (cc: all counsel) (ts) (Entered: 05/01/1998)

SUMMONS issued as to deft Action Nissan, Inc. (ts) (Entered: 05/05/1998)

RETURN OF SERVICE executed upon deft Action Nissan, Inc. on 5/6/98 (ts) (Entered: 05/11/1998)

ATTORNEY APPEARANCE for deft Action Nissan, Inc. by John Thomas Feeney III (ts) (Entered: 06/01/1998)

PROPOSED Order (ts) (Entered: 07/13/1998)

ORDER by Magistrate Judge Juliet E. Griffin; a case management conference is set for 9/16/98 at 9:00am. (EOD 7/16/98) (cc: all counsel) (ts) (Entered: 07/16/1998)

ANSWER to first amended complaint [3−1] and COUNTERCLAIM by deft Nissan Mtr Accept against pltf Betty T. Cason; jury demand (tlc) (Entered: 08/03/1998)

ORDER by Magistrate Judge Juliet E. Griffin Case Management Conference is reset for 2:00 11/9/98 (cc: all counsel) (EOD 9/29/98) (jb) (Entered: 09/29/1998)

ORDER by Magistrate Judge Juliet E. Griffin Case Management Conference held 11/9/98; Case Management Conference set for 1:00 12/29/98 (cc: all counsel) (EOD 11/10/98) (jb) (Entered: 11/10/1998)

ORDER by Magistrate Judge Juliet E. Griffin: pltf has until 2/26/99 to file a motion to amend her complaint; a hearing on any disputed discovery issues is scheduled for 10:00 a.m. on 2/26/99 (cc: all counsel) (EOD 12/31/98) (bj) (Entered: 12/31/1998)

ORDER by Magistrate Judge Juliet E. Griffin: Written Discovery ddl set for 5/17/99 for both pltf and deft pltf's motion for class certification is extended for good cause, as previously indicated. See order for specifics. (cc: all counsel) EOD 4/29/99 (bj) (Entered: 04/29/1999)

PROPOSED Protective Order to protect private and confidential information that NMAC produces to pltf. (jb) (Entered: 05/21/1999)

PROTECTIVE ORDER by Magistrate Judge Juliet E. Griffin: pursuant to Order (D.E. #13) and by agreement of Betty Cason and NMAC, through their attys, all protected documents will be marked "Confidential" and filed under seal. Upon final determination of this action, the Clerk shall return any documents filed under seal in accord with this order, upon request of the filing party. (cc: all counsel) EOD 5/25/99 (bj) Modified on 05/25/1999 (Entered: 05/25/1999)

ORDER by Magistrate Judge Juliet E. Griffin: Telephone conference call set for 1:00 p.m. 8/5/99 ; to be initiated by counsel for deft NMAC to address the status of this case. (cc: all counsel) EOD 7/20/99 (bj) (Entered: 07/20/1999)

PROPOSED Order re discovery issues. (bj) (Entered: 07/26/1999)

ORDER by Magistrate Judge Juliet E. Griffin: pltf and deft having resolved certain discovery issues...supplemental electronic data shall be produced in electronic format by 7/28/99; pltf shall file a motion to amend and proposed second amended complaint by 8/23/99; NMAC shall file any objection w/in 10 days of the filing of pltf's motion to amend. (cc: all counsel) EOD 7/30/99 (bj) (Entered: 07/30/1999)

ORDER by Magistrate Judge Juliet E. Griffin: Telephone conference call scheduled for 8/5/99 was CANCELLED Once the pltf's motion to amend is resolved, further proceedings will be scheduled to address a ddl for pltf to file a motion for class certification and any other issues. (cc: all counsel) EOD 8/9/99 (bj) (Entered: 08/09/1999)

AGREED ORDER by Magistrate Judge Juliet E. Griffin: pltf's time for filing the second amended complaint is extended to 9/1/99. (cc: all counsel) EOD 8/30/99 (bj) (Entered: 08/30/1999)

ORDER by Magistrate Judge Juliet E. Griffin: pursuant to a telephone conf call held on 8/30/99 by parties' counsel, pltf has until 10/4/99 to file an amended complaint or motion to amend. Prior to 10/4/99, pltf's counsel shall serve on deft's counsel a proposed amended complaint and if there are no objections by deft, pltf shall have until 10/4/99 to file such amended complaint. (cc: all counsel) EOD 8/31/99 (bj) (Entered: 08/31/1999)

AGREED ORDER by Magistrate Judge Juliet E. Griffin: Pltfs have until 10/25/99 to file an amended complaint. Prior to that time, pltf is to serve on deft's counsel a proposed amended complaint. If deft objects, pltf shall a motion to amend by 10/25/99. (cc: all counsel) EOD 10/5/99 (lah) (Entered: 10/05/1999)

MOTION by pltf to allow filing of second amended complaint (bj) (Entered: 10/26/1999)

MOTION by deft Nissan Mtr Accept for addt'l case mgmt conference (bj) (Entered: 11/09/1999)

RESPONSE by deft Nissan Mtr Accept to pltf's motion to allow filing of second amended complaint [21−1] (bj) (Entered: 11/09/1999)

ORDER by Magistrate Judge Juliet E. Griffin: granting motion for addt'l case mgmt conference [22−1]; granting motion to allow filing of second amended complaint [21−1] ; Case Management Conference set for 1:00 p.m. 11/29/99 ; pltf has until 11/22/99 to file a second amended complaint. (cc: all counsel) EOD 11/15/99 (bj) (Entered: 11/15/1999)

ORDER by Magistrate Judge Juliet E. Griffin: the proposed order received by hand delivery on 11/16/99 will not be entered due to the fact the Court has already entered an order on 11/15/99 including the same provisions, except that pltf's second amended complaint, due 11/22/99, shall be filed UNDER SEAL. (cc: all counsel) EOD 11/18/99 (bj) (Entered: 11/18/1999)

MOTION by pltf for class certification (bj) (Entered: 11/22/1999)

NOTICE by pltf Of Filing Affidavits in support of Motion for class certification. (att'd affidavits 1−4) (bj) (Entered: 11/22/1999)

AFFIDAVIT of Betty T. Cason att'd to Notice [27−1] (bj) (Entered: 11/22/1999)

AFFIDAVIT of Michael E. Terry att'd to Notice [27−1] (bj) (Entered: 11/22/1999)

AFFIDAVIT of Wyman O. Gilmore, Jr. att'd to Notice [27−1] (bj) (Entered: 11/22/1999)

AFFIDAVIT of Clinton W. Watkins att'd to Notice [27−1] (bj) (Entered: 11/22/1999)

NOTICE by pltf of Filing Under Seal Depositions. (bj) (Entered: 11/22/1999)

NOTICE by pltf of Filing Depositions in support of pltf's motion for class certification. (Under Seal) (bj) (Entered: 11/22/1999)

(Copies Of) DEPOSITIONS of six individuals in support of pltf's motion for class certification. (Under Seal) (bj) (Entered: 11/22/1999)

NOTICE by pltf Of Filing Exhibits in support of motion for class certification. (Under Seal) (bj) (Entered: 11/22/1999)

EXHIBITS 1−12 in support of motion for class certification. (Under Seal) (bj) (Entered: 11/22/1999)

NOTICE by pltf Of Filing Under Seal. (amended complaint submitted) (bj) Modified on 11/22/1999 (Entered: 11/22/1999)

MEMORANDUM by pltf in support of motion for class certification [26−1] (Under Seal) (bj) (Entered: 11/22/1999)

NOTICE by pltf Of Filing Report of Debby A. Lindsey, Ph. D. in support of pltf's motion for class certification. (att'd Report UNDER SEAL) (see order [195−1]) (bj) Modified on 11/22/2002 (Entered: 11/22/1999)

ORDER by Magistrate Judge Juliet E. Griffin: per request of counsel for deft NMAC; Case Management Conference reset for 1:00 p.m. 12/3/99 (cc: all counsel) EOD 11/30/99 (bj) (Entered: 11/30/1999)

MOTION by pltf to consolidate this case with 3−98−0211 and/or refer both cases to the Magistrate for RRon the question of class certification (bj) (Entered: 12/01/1999)

MOTION by pltf to compel deft NMAC to provide supplemental discovery responses (att'd exhibit A) (bj) (Entered: 12/02/1999)

ORDER by Magistrate Judge Juliet E. Griffin: Case Mgmt Conference held 12/3/99 ; terminating party Action Nissan, Inc. ; the clerk is directed to stamp file pltf's second amended complaint UNDER SEAL; withdrawing motion to consolidate this case with 3−98−0211 and/or refer both cases to the Magistrate for RRon the question of class certification [42−1]; Discovery ddl set for 1/31/00 for deft to complete all discovery necessary to respond to pltf's motion for class certification ; response to motion to compel deft NMAC to provide supplemental discovery responses [43−1] is due by 12/21/99; response to motion for class certification [26−1] is due by 3/6/00, if no resolution can be reached. (cc: all counsel) EOD 12/7/99 (bj) (Entered: 12/07/1999)

SECOND AMENDED COMPLAINT amending Complaint [3−1] by Betty T. Cason; jury demand. (FILED UNDER SEAL) (bj) (Entered: 12/07/1999)

MOTION by pltf to transfer this case and/or transfer 3−98−0211 and/or for an order referring both cases to the Magistrate for RR(bj) (Entered: 12/09/1999)

MOTION by deft Nissan Mtr Accept to dismiss under FRCP 12(B)(7) (bj) (Entered: 12/22/1999)

MEMORANDUM by deft Nissan Mtr Accept in support of motion to dismiss under FRCP 12(B)(7) [47−1] (*Filed Under Seal*) (bj) (Entered: 12/22/1999)

NOTICE Of Filing by deft Nissan Mtr Accept of filing under seal the original Appendix of Exhibits and Deposition Testimony in support of Motion to Dismiss. (bj) Modified on 12/23/1999 (Entered: 12/23/1999)

APPENDIX Of Exhibits and Deposition Testimony filed by deft re Notice [49−1] in support of Motion to Dismiss [47−1] (att'd exhibits A−E, etc.) (*Filed Under Seal*) (bj) Modified on 12/23/1999 (Entered: 12/23/1999)

AFFIDAVIT of Janet Thornton att'd to Appendix [50−1] (*Filed Under Seal*) (bj) (Entered: 12/23/1999)

ORDER by Magistrate Judge Juliet E. Griffin finding the motion to compel [43−1] moot. Deft's counsel advised he would not oppose mtn to transfer [46−1]. Deft shall have until 3/6/00 to respond to motion for class certification [26−1]. Pltf shall have until 1/21/00 to respond to motion to dismiss [47−1]. Clerk is directed to forward the file to the Honorable Todd J. Campbell for his consideration of pending mtns. EOD 12/28/99 (cc: all counsel) (gi) (Entered: 12/28/1999)

NOTICE OF ATTORNEY APPEARANCE for deft by James Robert Bruinsma − co−counsel. (certificate of good standing att'd) (bj) (Entered: 01/04/2000)

CERTIFICATE of Good Standing filed for the USDC, Northern District of Illinois by James Robert Bruinsma, co−counsel for deft. (bj) (Entered: 01/04/2000)

ORDER by Judge Todd J. Campbell: denying motion to transfer this case and/or transfer 3−98−0211 and/or for an order referring both cases to the Magistrate for RR[46−1] (cc: all counsel) EOD 1/4/00 (bj) (Entered: 01/04/2000)

NOTICE OF ATTORNEY APPEARANCE for deft Nissan Mtr Accept by Charles J. Mataya and Karyn Crigler Bryant. (bj) (Entered: 01/18/2000)

PROPOSED Agreed Order extending ddls. (bj) (Entered: 01/24/2000)

AGREED ORDER by Judge Todd J. Campbell: all pending ddls are extended by 7 days in order to allow the parties to discuss settlement; thereafter, a new scheduling order will be issued, if necessary. (cc: all counsel) EOD 1/25/00 (bj) (Entered: 01/25/2000)

JOINT NOTICE by parties that they have scheduled mediation dates (gi) (Entered: 01/31/2000)

ORDER by Judge Todd J. Campbell: the parties are participating in mediation and shall notify the Court by 3/6/00 of the status. (cc: all counsel, Clerk) EOD 1/31/00 (bj) (Entered: 01/31/2000)

MOTION by deft/counter−claimant Nissan Mtr Accept to withdraw attorneys John S. Hicks and Kenneth A. Weber for deft/cntclm Nissan Mtr Accept (bj) (Entered: 02/01/2000)

ORDER by Judge Todd J. Campbell granting motion to withdraw attorneys John S. Hicks and Kenneth A. Weber for deft/cntclm Nissan Mtr Accept [61−1] (cc: all counsel) (EOD 2/2/00) (tlc) (Entered: 02/02/2000)

NOTICE OF ATTORNEY APPEARANCE for pltf by Wyman O. Gilmore Jr. (attachment) (bj) (Entered: 02/07/2000)

PROPOSED Agreed Order (lah) (Entered: 02/22/2000)

MOTION by pltf to unseal documents and modify protective order (bj) (Entered: 02/24/2000)

MEMORANDUM by pltf in support of motion to unseal documents and modify protective order [64−1] (att'd exhibit 1) (bj) (Entered: 02/24/2000)

ORDER by Judge Todd J. Campbell; Pltf shall file a response to deft Nissan Motor Acceptance Corporation's motion to dismiss under FRCP 12(B)(7) [47−1] by 3/10/00; Discovery ddl set for 3/20/00 necessary to the issue of class certification. Pltf's motion for class certification [26−1] is denied. Pltf's motion to unseal documents &modify protective order [64−1] is referred to Magistrate Judge Juliet E. Griffin for decision. (cc: all counsel) (EOD 2/28/00) (jb) (Entered: 02/28/2000)

MOTION by deft/counter−claimant Nissan Mtr Accept for attorney Anne Fortney to appear pro hac vice (w/attached exh. A−Copy of Certificate of Good Standing USDC/DC) (jb) Modified on 02/29/2000 (Entered: 02/29/2000)

MOTION by deft/counter−claimant Nissan Mtr Accept for attorney Markus Bruce Heyder to appear pro hac vice (w/attached exh. A−Copy of Certificate of Good Standing from USDC/ND/IL) (jb) (Entered: 02/29/2000)

RESPONSE In Opposition by deft Nissan Mtr Accept to pltf's motion to unseal documents and modify protective order [64−1] (att'd exhibits A,B) (bj) (Entered: 03/13/2000)

DECLARATION of Chris A. O'Bannion, filed by deft Nissan Mtr Accept in support of Response in Opposition [69−1] (bj) (Entered: 03/13/2000)

AFFIDAVIT of John David Charles in support of Response [71−1] (bj) (Entered: 03/14/2000)

REPLY by deft Nissan Mtr Accept in support of its Motion to Dismiss [47−1] (att'd exhibits 1−2) (bj) (Entered: 03/16/2000)

SUPPLEMENTAL AUTHORITIES In Opposition/RESPONSE by pltf to deft NMAC's motion to dismiss under FRCP 12(B)(7) [47−1] (att'd exhibits 1−3) (bj) (Entered: 03/21/2000)

REPLY BRIEF by pltf Betty T. Cason to response to motion to unseal documents and modify protective order [64−1] (w/attached exhs. 1 &2) (jb) (Entered: 03/22/2000)

MOTION by pltf Betty T. Cason for hearing and/or teleconference (jb) (Entered: 03/22/2000)

RESPONSE by deft Nissan Mtr Accept to motion for hearing and/or teleconference [76−1] (bj) (Entered: 03/29/2000)

NOTICE OF ATTORNEY APPEARANCE for pltf Betty T. Cason by Gary Klein and Stuart Rossman. (bj) (Entered: 03/30/2000)

MOTION by pltf for attorneys Stuart Rossman and Gary Klein to appear pro hac vice o/b/o pltf (bj) (Entered: 03/30/2000)

MEMORANDUM OF THE COURT. (cc: all counsel) EOD 3/31/00 (bj) (Entered: 03/31/2000)

ORDER by Judge Todd J. Campbell: denying motion to dismiss under FRCP 12(B)(7) [47−1]; deft's motion to require joinder of certain parties is granted in part and denied in part; pltf shall be required to add Robert Cason a named pltf in this action. (cc: all counsel) EOD 3/31/00 (bj) (Entered: 03/31/2000)

RENEWED MOTION by pltf Betty T. Cason for class certification (jb) (Entered: 04/11/2000)

NOTICE by pltf Betty T. Cason of filing UNDER SEAL per Protective Order [14−1] (1) Memorandum in support of pltfs' renewed motion for class certification &(2) notice of filing additional exhs in support of pltfs' renewed motion for class certification with exhs attached thereto. (w/attached documents to be placed UNDER SEAL) (jb) (Entered: 04/11/2000)

MEMORANDUM filed UNDER SEAL by pltf Betty T. Cason in support of motion for class certification [82−1] (w/attached addendum) (jb) (Entered: 04/11/2000)

NOTICE filed UNDER SEAL by pltf Betty T. Cason of filing additional exhs in support of pltf's renewed motion for class certification (w/attached exhs. 13−17) (jb) (Entered: 04/11/2000)

NOTICE by pltf Betty T. Cason of filing affidavits in support of motion for class certification [82−1] (w/attached affidavits of Stuart T. Rossman &Gary Klein) (jb) (Entered: 04/11/2000)

AFFIDAVIT of Stuart T. Rossman in support of renewed motion for class certification [82−1] (w/attached exhs. A &B) (jb) (Entered: 04/11/2000)

AFFIDAVIT of Gary Klein in support of renewed motion for class certification [82−1] (w/attached exh. A) (jb) (Entered: 04/11/2000)

MOTION by deft Nissan Mtr Accept for an extension of time to respond to pltfs' motion for class certification (att'd exhibits 1,2) (bj) (Entered: 04/17/2000)

DECLARATION of Charles J. Mataya, Esq. in support of Motion to Extend [89−1] (bj) (Entered: 04/17/2000)

RESPONSE by pltf to NMAC's motion for an extension of time to respond to pltfs' motion for class certification [89−1] (bj) (Entered: 04/18/2000)

NOTICE Of Filing by deft Nissan Mtr Accept of the original Declaration of James R. Bruinsma, Esq. in support of its motion for an extension of time to pltf's motion for class certification, filed 4/14/00. (att'd declaration as exhibit A) (bj) (Entered: 04/18/2000)

DECLARATION of James R. Bruinsma, Esq, filed by deft Nissan Mtr Accept in support of Motion for Extension of Time [89−1] (bj) (Entered: 04/18/2000)

REPLY by deft Nissan Mtr Accept to pltfs' response to NMAC's Motion for an extension of time [89−1] (bj) (Entered: 04/19/2000)

ORDER by Magistrate Judge Juliet E. Griffin: granting deft's motion for an extension of time to respond to pltfs' motion for class certification [89−1]; response to motion for class certification [82−1] is due by 5/31/00. (cc: all counsel) EOD 4/24/00 (bj) (Entered: 04/24/2000)

NOTICE Of Filing by pltfs of Affidavit of Clint W. Watkins in support of pltfs' motion to unseal documents and modify protective order. (bj) (Entered: 04/27/2000)

AFFIDAVIT of Clint W. Watkins in support of Motion to unseal documents and modify protective order [64−1] (bj) (Entered: 04/27/2000)

ANSWER by deft Nissan Mtr Accept to Third Amended Class Action Complaint [91−1]; jury demand. (FILED UNDER SEAL) (bj) (Entered: 05/01/2000)