This case was last updated from U.S. District Courts on 09/29/2022 at 15:30:23 (UTC).

Nicole Thornhill et al v. Hyundai Motor Company et al

Case Summary

On March 12, 2021, Nicole Thornhill, Janet O’Brien and David Shaprio (the “Plaintiffs”), represented by Christopher Pitoun of Hagens Berman Sobol Shapiro LLP, individually and on behalf of all others similarly situated, filed a personal injury class action lawsuit against Hyundai Motor Company, Hyundai Motor America (both together “Hyundai”), Kia Motors Corporation, and Kia Motors America, Inc. (both together “Kia” and all collectively, “Defendants”), seeking recovery of damages and a repair under state consumer-protection statutes and implied warranties, and reimbursement of all expenses associated with the repair or replacement of the Class Vehicle for knowingly and intentionally concealing the Engine Defect in the Class Vehicles from Plaintiffs and Class members, along with concealing the risks, costs, and monetary damage resulting from the Engine Defect. This case was filed in U.S. District Court in the Central District of California with Judge John D. Early and Judge Josephine L. Staton presiding

Plaintiffs brought this action on behalf of themselves and as a class action under the provisions of Rules 23(a), b(2), and (b)(3) of the Federal Rules of Civil Procedure, on behalf of the all persons or entities who purchased or leased a Class Vehicle in the United States (the “Nationwide Class”) and on behalf of all persons or entities who purchased or leased a Class Vehicle in the State of California (the “California State Class”). 

In their complaint, the Plaintiffs alleged that “Certain Hyundai and Kia vehicles equipped with gasoline direct injection (“GDI”) and multipoint fuel injections (“MPI”) engines (“Class Vehicles”) contain an engine defect that presents consumers with an unacceptable risk of engine failure and spontaneous engine fire while driving. Hyundai and Kia knew before selling the Class Vehicles that their engines were defective, prone to premature and catastrophic failure, and posed an unreasonable risk of non-collision engine failures and fires.”

The Plaintiffs further alleged that “the catastrophic engine failure and fire risk is the direct result of a defect known to, concealed by, and still unremedied by Hyundai and Kia. Not only did Hyundai and Kia actively conceal the Engine Defect from consumers, but they also did not timely reveal that the Engine Defect poses a serious safety hazard” and that “despite Hyundai and Kia’s knowledge of the Engine Defect, the automakers have issued piecemeal and belated recalls over the last six years—most recently, the recall of the Class Vehicles—all while omitting similar vehicles without apparent explanation.”

There are four claims for relief laid down by the Plaintiffs. All four claims laid down on behalf of the Nationwide Class or, alternatively, the California Class are for Defendant’s violations of the CLRA under California Civil Code § 1782(a) regarding the Class Vehicles,  California Civil Code §§ 1668, 1709, 1710, and 1750, et seq., California Commercial Code § 2313, and violations of California False Advertising Law (Cal. Bus. & Prof. Code § 17500, et. seq.) and violations of California False Advertising Law (Cal. Bus. & Prof. Code § 17500, et. seq.).

In their prayer for relief, the Plaintiffs have requested the court to pass an order to certify the class as has been claimed under the complaint and to award damages including actual, compensatory, general, special, incidental, statutory, punitive, and consequential damages, costs, and disgorgement with pre and post judgment interest, along with injunctive and declaratory relief and costs of litigation.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    8:21-CV-00481

  • Filing Date:

    03/12/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Personal Injury - Motor Vehicle Product Liability

Judge Details

Presiding Judge

Josephine L. Staton

Referral Judge

John D. Early

 

Party Details

Plaintiffs

David Shapiro

Janet O'Brien

Nicole Thornhill

Defendants

Hyundai Motor Company, -

Hyundai Motor America

Kia Motors America, Inc.

Kia Motors Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

Christopher Pitoun

Attorney at Hagens Berman Sobol Shapiro LLP

301 North Lake Avenue Suite 920

Pasadena, CA 91101

Rachel E. Fitzpatrick

Attorney at Hages Berman Sobol Shapiro LLP

11 West Jefferson Suite 1000

Phoenix, AZ 85003

Steve W. Berman

Attorney at Hagens Berman Sobol Shapiro LLP

1301 2Nd Avenue Suite 2000

Seattle, WA 98101

Defendant Attorneys

Shon Morgan

Attorney at Quinn Emanuel Urquhart and Sullivan LLP

865 South Figueroa Street 10Th Floor

Los Angeles, CA 90017-2543

Christine Weijia Chen

Attorney at Quinn Emanuel Urquhart and Sullivan LLP

50 California Street 22Nd Floor

San Francisco, CA 94111

Cristina Aide Henriquez

Attorney at Quinn Emanuel Urquhart and Sullivan LLP

555 Twin Dolphin Drive 5Th Floor

Redwood Shores, CA 94065

Kari Elizabeth Wohlschlegel

Attorney at Quinn Emanuel Urquhart and Sullivan LLP

50 California Street 22Nd Floor

San Francisco, CA 94111-4788

 

Court Documents

#33

(#33) NOTICE OF DISMISSAL filed by plaintiff David Shapiro pursuant to FRCP 41a(1) as to All Defendants. (Berman, Steve) (Entered: 09/20/2022)

#32

(#32) ORDER GRANTING Joint Stipulation to Consolidate Cases and Appoint Interim Co-Lead and Settlement Counsel by Judge Josephine L. Staton. Having read and considered the Joint Stipulation to Consolidate Cases and Appoint Interim Co-Lead and Settlement Counsel, and good cause appearing, IT IS HEREBY ORDERED: (1) Under Rule 42(a) of the FRCP, Flaherty, et al. v. Hyundai Motor Co., et al., No. 8:18-cv-02223-JLS-JDE (C.D. Cal.) ("Flaherty"), Marbury, et al. v. Hyundai Motor Am., Inc., et al., No. 8:21-cv-00379-JLS-JDE (C.D. Cal.) (Marbury), Thornhill, et al. v. Hyundai Motor Co., et al., No. 8:21-cv-00481-JLS-JDE (C.D. Cal.) ("Thornhill"), and Buettner v. Hyundai Motor Am., Inc., et al., No. 8:21-cv-01057- JLSJDE (C.D. Cal.) ("Buettner") are consolidated for all purposes because they share numerous common questions of law or fact (e.g., involve same Defendants, challenge the same general course of conduct by Defendants, allege the same defect in Defendants' vehicles, and seek similar relief for the putative Class). (2) The master docket and master file for the consolidated actions shall be No. 8:18-cv-02223 and the consolidated action shall bear the caption In re: Hyundai and Kia Engine Litigation II. (3) Marbury, Thornhill, and Buettner are administratively closed. (See document for further information). (Made JS-6. Case Terminated.) (jp) (Entered: 09/08/2021)

#31

(#31) ORDER REGARDING JOINT STIPULATION TO EXTEND TIME TO RESPOND TO PLAINTIFFS' COMPLAINT #30 by Judge Josephine L. Staton that the stipulation is granted as to the following: (1) If the motion for consolidation is granted in Flaherty, plaintiffs in the consolidated action anticipate filing a consolidated amended complaint within 60 days of approval; and (2) If the motion for consolidation is denied, the parties will propose a briefing schedule for defendants answer or any motion to dismiss in response to the complaint, (Dkt. 1), within 14 days of denial. (jp) (Entered: 08/10/2021)

30 #1

Proposed Order

30 #30

Main Document

#29

(#29) Notice of Appearance or Withdrawal of Counsel: for attorney Tina T Lo counsel for Defendants Hyundai Motor America, Hyundai Motor Company, Kia Motors America, Inc., Kia Motors Corporation. Tina T Lo is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Hyundai Motor America, Hyundai Motor Corporation, Kia America, Kia Corporation. (Lo, Tina) (Entered: 07/21/2021)

#28

(#28) NOTICE of Related Case(s) filed by defendants Hyundai Motor America, Hyundai Motor Company, Kia Motors America, Inc., Kia Motors Corporation. Related Case(s): 8:19-cv-01069-JLS-JDE, 8:19-cv-00854-JLS-JDE, 8:20-cv-01503-JLS-ADS, 8:21-cv-00379-JLS-JDE, 8:21-cv-01057-CJC-JDE, 6:19-cv-00250-CEM-KRS (M.D. Fla.), 2:19-cv-00318-JLR (W.D. Wash.) (Morgan, Shon) (Entered: 06/22/2021)

#27

(#27) Revised Certificate and NOTICE of Interested Parties filed by defendants Kia Motors America, Inc., Kia Motors Corporation, identifying Hyundai Motor America, Hyundai Motor Company, Kia America, Inc., Kia Corporation, Nicole Thornhill, Janet O'Brien, David Shapiro. (Morgan, Shon) (Entered: 06/22/2021)

#26

(#26) ORDER EXTENDING TIME TO RESPOND TO PLAINTIFFS' COMPLAINT #25 by Judge Josephine L. Staton that the stipulation is granted as to the following: (1) The deadline for defendants to respond to the complaint, (Dkt. 1), is continued from June 16, 2021, to August 15, 2021; and (2) Any request for a further extension must be filed well in advance of the August 15, 2021 deadline. (jp) (Entered: 06/14/2021)

#9

#8

#7

#6

#5

#4

#3

#2

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Docket Entries

  • 09/20/2022
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  • Docket(#33) NOTICE OF DISMISSAL filed by plaintiff David Shapiro pursuant to FRCP 41a(1) as to All Defendants. (Berman, Steve) (Entered: 09/20/2022)

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  • 09/08/2021
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  • Docket(#32) ORDER GRANTING Joint Stipulation to Consolidate Cases and Appoint Interim Co-Lead and Settlement Counsel by Judge Josephine L. Staton. Having read and considered the Joint Stipulation to Consolidate Cases and Appoint Interim Co-Lead and Settlement Counsel, and good cause appearing, IT IS HEREBY ORDERED: (1) Under Rule 42(a) of the FRCP, Flaherty, et al. v. Hyundai Motor Co., et al., No. 8:18-cv-02223-JLS-JDE (C.D. Cal.) ("Flaherty"), Marbury, et al. v. Hyundai Motor Am., Inc., et al., No. 8:21-cv-00379-JLS-JDE (C.D. Cal.) (Marbury), Thornhill, et al. v. Hyundai Motor Co., et al., No. 8:21-cv-00481-JLS-JDE (C.D. Cal.) ("Thornhill"), and Buettner v. Hyundai Motor Am., Inc., et al., No. 8:21-cv-01057- JLSJDE (C.D. Cal.) ("Buettner") are consolidated for all purposes because they share numerous common questions of law or fact (e.g., involve same Defendants, challenge the same general course of conduct by Defendants, allege the same defect in Defendants' vehicles, and seek similar relief for the putative Class). (2) The master docket and master file for the consolidated actions shall be No. 8:18-cv-02223 and the consolidated action shall bear the caption In re: Hyundai and Kia Engine Litigation II. (3) Marbury, Thornhill, and Buettner are administratively closed. (See document for further information). (Made JS-6. Case Terminated.) (jp) (Entered: 09/08/2021)

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  • 08/10/2021
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  • Docket(#31) ORDER REGARDING JOINT STIPULATION TO EXTEND TIME TO RESPOND TO PLAINTIFFS' COMPLAINT #30 by Judge Josephine L. Staton that the stipulation is granted as to the following: (1) If the motion for consolidation is granted in Flaherty, plaintiffs in the consolidated action anticipate filing a consolidated amended complaint within 60 days of approval; and (2) If the motion for consolidation is denied, the parties will propose a briefing schedule for defendants answer or any motion to dismiss in response to the complaint, (Dkt. 1), within 14 days of denial. (jp) (Entered: 08/10/2021)

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  • 08/06/2021
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  • Docket(#30) Joint STIPULATION for Extension of Time to File Response to Plaintiffs' Complaint filed by defendants Hyundai Motor America, Hyundai Motor Company, Kia Motors America, Inc., Kia Motors Corporation. (Attachments: #1 Proposed Order)(Morgan, Shon) (Entered: 08/06/2021)

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  • 07/21/2021
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  • Docket(#29) Notice of Appearance or Withdrawal of Counsel: for attorney Tina T Lo counsel for Defendants Hyundai Motor America, Hyundai Motor Company, Kia Motors America, Inc., Kia Motors Corporation. Tina T Lo is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Hyundai Motor America, Hyundai Motor Corporation, Kia America, Kia Corporation. (Lo, Tina) (Entered: 07/21/2021)

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  • 06/22/2021
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  • Docket(#28) NOTICE of Related Case(s) filed by defendants Hyundai Motor America, Hyundai Motor Company, Kia Motors America, Inc., Kia Motors Corporation. Related Case(s): 8:19-cv-01069-JLS-JDE, 8:19-cv-00854-JLS-JDE, 8:20-cv-01503-JLS-ADS, 8:21-cv-00379-JLS-JDE, 8:21-cv-01057-CJC-JDE, 6:19-cv-00250-CEM-KRS (M.D. Fla.), 2:19-cv-00318-JLR (W.D. Wash.) (Morgan, Shon) (Entered: 06/22/2021)

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  • 06/22/2021
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  • Docket(#27) Revised Certificate and NOTICE of Interested Parties filed by defendants Kia Motors America, Inc., Kia Motors Corporation, identifying Hyundai Motor America, Hyundai Motor Company, Kia America, Inc., Kia Corporation, Nicole Thornhill, Janet O'Brien, David Shapiro. (Morgan, Shon) (Entered: 06/22/2021)

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  • 06/14/2021
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  • Docket(#26) ORDER EXTENDING TIME TO RESPOND TO PLAINTIFFS' COMPLAINT #25 by Judge Josephine L. Staton that the stipulation is granted as to the following: (1) The deadline for defendants to respond to the complaint, (Dkt. 1), is continued from June 16, 2021, to August 15, 2021; and (2) Any request for a further extension must be filed well in advance of the August 15, 2021 deadline. (jp) (Entered: 06/14/2021)

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  • 06/04/2021
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  • Docket(#25) Joint STIPULATION for Extension of Time to File Answer to August 15, 2021 re Complaint (Attorney Civil Case Opening),, #1 filed by Defendants Hyundai Motor America, Hyundai Motor Company, Kia Motors America, Inc., Kia Motors Corporation. (Attachments: #1 Proposed Order)(Morgan, Shon) (Entered: 06/04/2021)

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  • 06/04/2021
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  • Docket(#24) NOTICE OF MOTION AND MOTION to Consolidate Cases, as to 18-cv-02223 and 21-cv-00379, filed by plaintiffs Janet O'Brien, David Shapiro, Nicole Thornhill. Motion set for hearing on 10/29/2021 at 10:30 AM before Judge Josephine L. Staton. (Attachments: #1 Declaration of Steve W. Berman, #2 Exhibit 1 to Berman Declaration (Hagens Berman firm resume), #3 Declaration of Matthew D. Schelkopf, #4 Exhibit 1 to Schelkopf Declaration (Sauder Schelkopf LLC firm resume), #5 Proposed Order) (Berman, Steve) (Entered: 06/04/2021)

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13 More Docket Entries
  • 03/18/2021
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  • Docket(#10) ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 8:17-cv-00481 JLS(JDEx). Case transferred from Judge James V. Selna and Magistrate Judge Autumn D. Spaeth to Judge Josephine L. Staton and Magistrate Judge John D. Early for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:21-cv-00481 JLS(JDEx). Signed by Judge Josephine L. Staton (rn) (Entered: 03/18/2021)

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  • 03/16/2021
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  • Docket(#9) NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Rachel E. Fitzpatrick. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) (Entered: 03/16/2021)

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  • 03/16/2021
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  • Docket(#8) NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Steve W. Berman. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) (Entered: 03/16/2021)

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  • 03/16/2021
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  • Docket(#7) INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) (Entered: 03/16/2021)

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  • 03/15/2021
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  • Docket(#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 03/15/2021)

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  • 03/15/2021
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  • Docket(#5) NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Autumn D. Spaeth. (jtil) (Entered: 03/15/2021)

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  • 03/12/2021
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  • Docket(#4) NOTICE of Related Case(s) filed by Plaintiffs Janet O'Brien, David Shapiro, Nicole Thornhill. Related Case(s): 8:18-cv-02223-JLS-JDE (Pitoun, Christopher) (Entered: 03/12/2021)

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  • 03/12/2021
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  • Docket(#3) NOTICE of Interested Parties filed by Plaintiffs Janet O'Brien, David Shapiro, Nicole Thornhill, identifying Hyundai Motor Company, Hyundai Motor America, Kia Motors Corporation, and Kia Motors America, Inc.. (Pitoun, Christopher) (Entered: 03/12/2021)

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  • 03/12/2021
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  • Docket(#2) CIVIL COVER SHEET filed by Plaintiffs Janet O'Brien, David Shapiro, Nicole Thornhill. (Pitoun, Christopher) (Entered: 03/12/2021)

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  • 03/12/2021
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-30912814 - Fee: $402, filed by Plaintiffs Nicole Thornhill, David Shapiro, Janet O'Brien. (Attachments: #1 Declaration of Nicole Thornhill Re: CLRA Venue, #2 Declaration of Janet O'Brien Re: CLRA Venue, #3 Declaration of David Shapiro Re: CLRA Venue) (Attorney Christopher Pitoun added to party Janet O'Brien(pty:pla), Attorney Christopher Pitoun added to party David Shapiro(pty:pla), Attorney Christopher Pitoun added to party Nicole Thornhill(pty:pla))(Pitoun, Christopher) (Entered: 03/12/2021)

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