This case was last updated from PACER on 05/28/2016 at 01:38:15 (UTC).

Fiol v. Volkswagen Group of America, Inc.

Case Summary

On 09/18/2015 Fiol filed a Contract - Product Liability lawsuit against Volkswagen Group of America, Inc. This case was filed in U.S. District Courts, California Northern District. The Judge overseeing this case is Hon. Charles R. Breyer. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:15-CV-04278

  • Filing Date:

    09/18/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    California Northern District

Judge Details

Judge

Hon. Charles R. Breyer

 

Party Details

Plaintiffs

Matthew Mayerson

Nicholas Benipayo

Benjamin Mathis

Robert E. Drury, III

Tiffany Nelson

David Fiol

Benjamin Hall

Defendant

Volkswagen Group of America, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Pablo Orozco

Attorney at Baron & Budd, PC

15910 Ventura Boulevard, Suite 1600

Encino, CA 91436

Thomas Eric Loeser

Attorney at Hagens Berman Sobol Shapiro LLP

1918 Eighth Avenue, Suite 3300

Seattle, WA 98101

Joseph R. Saveri

Attorney at Joseph Saveri Law Firm, Inc.

555 Montgomery Street, Suite 1210

San Francisco, CA 94111

Daniel Canfield Goldberg

Attorney at Gross & Klein, LLP

Suite 100

San Francisco, CA 94111

Peter B. Fredman

Attorney at Law Office of Peter Fredman

125 University Avenue, Suite 102

Berkeley, CA 94710

Jeff D Friedman

Attorney at Hagens Berman Sobol Shapiro LLP

715 Hearst Avenue, Suite 202

Berkeley, CA 94710

Steve W. Berman

Attorney at Hagens Berman Sobol Shapiro LLP

1918 Eighth Avenue, Suite 3300

Seattle, WA 98101

Joshua Caleb Ezrin

Attorney at Audet & Partners, LLP

711 Van Ness, Suite 500

San Francisco, CA 94102-3229

Defendant Attorney

Matthew Henry Marmolejo

Attorney at Mayer Brown LLP

350 South Grand Avenue, 25Th Floor, 25Th Floor

Los Angeles, CA 90071

 

Court Documents

#1

(#1) CLASS ACTION COMPLAINT; Jury Trial Demanded against Volkswagen Group of America, Inc. (Filing fee $ 400.00, receipt number 0971-9849419.). Filed by David Fiol. (Attachments: # 1 Civil Cover Sheet)(Loeser, Thomas) (Filed on 9/18/2015) Modified on 9/21/2015 (gbaS, COURT STAFF). (Entered: 09/18/2015)

#2

(#2) Proposed Summons. (Loeser, Thomas) (Filed on 9/18/2015) (Entered: 09/18/2015)

#3

(#3) Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (ha, COURT STAFF) (Filed on 9/21/2015) (Entered: 09/21/2015)

#4

(#4) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-9851026.) filed by David Fiol. (Attachments: # 1 Certificate of Good Standing)(Berman, Steve) (Filed on 9/21/2015) (Entered: 09/21/2015)

#5

(#5) NOTICE of Appearance by Peter B. Fredman (Fredman, Peter) (Filed on 9/21/2015) (Entered: 09/21/2015)

#6

(#6) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by David Fiol.. (Fredman, Peter) (Filed on 9/21/2015) (Entered: 09/21/2015)

#7

(#7) CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 9/21/2015) (Entered: 09/21/2015)

#8

(#8) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/11/2015. Case Management Conference set for 12/18/2015 02:00 PM in Courtroom G, 15th Floor, San Francisco. (Attachments: # 1 Standing Order) (gbaS, COURT STAFF) (Filed on 9/21/2015) (Entered: 09/21/2015)

#9

(#9) Summons Issued as to Volkswagen Group of America, Inc.. (gbaS, COURT STAFF) (Filed on 9/21/2015) (Entered: 09/21/2015)

#30

(#30) Transcript of Proceedings held on 03/24/16, before Judge Breyer. Court Reporter Pamela A. Batalo, telephone number 626-688-7509;pamela_batalo@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (1382 in 3:15-md-02672-CRB) Transcript Order, (1366 in 3:15-md-02672-CRB) Transcript Order, (1380 in 3:15-md-02672-CRB) Transcript Order ) Redaction Request due 4/14/2016. Redacted Transcript Deadline set for 4/25/2016. Release of Transcript Restriction set for 6/22/2016. (Batalo, Pam) (Filed on 3/24/2016) (Entered: 03/24/2016)

#29

(#29) PRETRIAL ORDER NO. 7: Order Appointing Plaintiffs' Lead Counsel, Plaintiffs' Steering Committee, and Government Coordinating Counsel. Signed by Judge Charles R. Breyer on January 21, 2016. (crblc4S COURT STAFF) (Filed on 1/21/2016) (Entered: 01/21/2016)

#28

(#28) ORDER by Judge Charles R. Breyer granting 27 Motion to Relate Case 15-cv-5691DMR to 15-cv-4278CRB to (beS, COURT STAFF) (Filed on 1/5/2016) (Entered: 01/05/2016)

#27

(#27) MOTION to Relate Case filed by Benjamin Mathis, Tiffany Nelson. (Attachments: # 1 Declaration Declaration of Joseph R. Saveri, # 2 Exhibit Exhibit A, # 3 Proposed Order, # 4 Certificate/Proof of Service)(Saveri, Joseph) (Filed on 12/17/2015) (Entered: 12/17/2015)

#26

(#26) PRETRIAL ORDER No. 1 -- Case Management Conference set for 12/22/2015 at 8:00 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 12/9/2015. (rcsS, COURT STAFF) (Filed on 12/17/2015) (Entered: 12/17/2015)

#25

(#25) ORDER staying cases. Signed by Judge Hamilton on 11/24/2015. (pjhlc2, COURT STAFF) (Filed on 11/24/2015) (Entered: 11/24/2015)

#24

(#24) RELATED CASE ORDER by Hon. Phyllis J. Hamilton granting 23 Motion to Relate Case. (jebS, COURT STAFF) (Filed on 11/19/2015) (Entered: 11/19/2015)

#23

(#23) MOTION to Relate Case Administrative Motion to Consider Whether Cases Should Be Related Pursuant to Local Rules 3-12 and 7-11 filed by Volkswagen Group of America, Inc.. (Attachments: # 1 Declaration Declaration of Matthew H. Marmolejo in Support of Defendant's Administrative Motion To Consider Whether Cases Should Be Related, # 2 Exhibit A to Declaration of Matthew H. Marmolejo, # 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 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Errata O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Exhibit, # 28 Proposed Order Granting Administrative Motion to Consider Whether Cases Should be Related, # 29 Certificate/Proof of Service)(Marmolejo, Matthew) (Filed on 11/12/2015) (Entered: 11/12/2015)

#22

(#22) NOTICE by Volkswagen Group of America, Inc. of Pendency of Other Actions or Proceedings (Local Rule 3-13) (Marmolejo, Matthew) (Filed on 11/10/2015) (Entered: 11/10/2015)

20 More Documents Available

 

Docket Entries

  • 03/24/2016
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  • (#30) Transcript of Proceedings held on 03/24/16, before Judge Breyer. Court Reporter Pamela A. Batalo, telephone number 626-688-7509;pamela_batalo@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (1382 in 3:15-md-02672-CRB) Transcript Order, (1366 in 3:15-md-02672-CRB) Transcript Order, (1380 in 3:15-md-02672-CRB) Transcript Order ) Redaction Request due 4/14/2016. Redacted Transcript Deadline set for 4/25/2016. Release of Transcript Restriction set for 6/22/2016. (Batalo, Pam) (Filed on 3/24/2016) (Entered: 03/24/2016)

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  • 01/21/2016
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  • (#29) PRETRIAL ORDER NO. 7: Order Appointing Plaintiffs' Lead Counsel, Plaintiffs' Steering Committee, and Government Coordinating Counsel. Signed by Judge Charles R. Breyer on January 21, 2016. (crblc4S COURT STAFF) (Filed on 1/21/2016) (Entered: 01/21/2016)

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  • 01/05/2016
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  • (#28) ORDER by Judge Charles R. Breyer granting 27 Motion to Relate Case 15-cv-5691DMR to 15-cv-4278CRB to (beS, COURT STAFF) (Filed on 1/5/2016) (Entered: 01/05/2016)

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  • 12/17/2015
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  • (#27) MOTION to Relate Case filed by Benjamin Mathis, Tiffany Nelson. (Attachments: # 1 Declaration Declaration of Joseph R. Saveri, # 2 Exhibit Exhibit A, # 3 Proposed Order, # 4 Certificate/Proof of Service)(Saveri, Joseph) (Filed on 12/17/2015) (Entered: 12/17/2015)

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  • 12/17/2015
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  • (#26) PRETRIAL ORDER No. 1 -- Case Management Conference set for 12/22/2015 at 8:00 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 12/9/2015. (rcsS, COURT STAFF) (Filed on 12/17/2015) (Entered: 12/17/2015)

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  • 11/24/2015
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  • (#25) ORDER staying cases. Signed by Judge Hamilton on 11/24/2015. (pjhlc2, COURT STAFF) (Filed on 11/24/2015) (Entered: 11/24/2015)

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  • 11/19/2015
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  • (#24) RELATED CASE ORDER by Hon. Phyllis J. Hamilton granting 23 Motion to Relate Case. (jebS, COURT STAFF) (Filed on 11/19/2015) (Entered: 11/19/2015)

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  • 11/12/2015
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  • (#23) MOTION to Relate Case Administrative Motion to Consider Whether Cases Should Be Related Pursuant to Local Rules 3-12 and 7-11 filed by Volkswagen Group of America, Inc.. (Attachments: # 1 Declaration Declaration of Matthew H. Marmolejo in Support of Defendant's Administrative Motion To Consider Whether Cases Should Be Related, # 2 Exhibit A to Declaration of Matthew H. Marmolejo, # 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 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Errata O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Exhibit, # 28 Proposed Order Granting Administrative Motion to Consider Whether Cases Should be Related, # 29 Certificate/Proof of Service)(Marmolejo, Matthew) (Filed on 11/12/2015) (Entered: 11/12/2015)

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  • 11/10/2015
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  • (#22) NOTICE by Volkswagen Group of America, Inc. of Pendency of Other Actions or Proceedings (Local Rule 3-13) (Marmolejo, Matthew) (Filed on 11/10/2015) (Entered: 11/10/2015)

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  • 10/16/2015
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  • (#21) Certificate of Interested Entities by Volkswagen Group of America, Inc. identifying Corporate Parent Volkswagen AG for Volkswagen Group of America, Inc.. (Marmolejo, Matthew) (Filed on 10/16/2015) (Entered: 10/16/2015)

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10 More Docket Entries
  • 09/22/2015
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  • (#10) ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Phyllis J. Hamilton for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to the case. Signed by Executive Committee on 9/22/15. (sv, COURT STAFF) (Filed on 9/22/2015) (Entered: 09/22/2015)

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  • 09/21/2015
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  • (#9) Summons Issued as to Volkswagen Group of America, Inc.. (gbaS, COURT STAFF) (Filed on 9/21/2015) (Entered: 09/21/2015)

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  • 09/21/2015
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  • (#8) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/11/2015. Case Management Conference set for 12/18/2015 02:00 PM in Courtroom G, 15th Floor, San Francisco. (Attachments: # 1 Standing Order) (gbaS, COURT STAFF) (Filed on 9/21/2015) (Entered: 09/21/2015)

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  • 09/21/2015
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  • (#7) CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 9/21/2015) (Entered: 09/21/2015)

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  • 09/21/2015
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  • (#6) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by David Fiol.. (Fredman, Peter) (Filed on 9/21/2015) (Entered: 09/21/2015)

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  • 09/21/2015
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  • (#5) NOTICE of Appearance by Peter B. Fredman (Fredman, Peter) (Filed on 9/21/2015) (Entered: 09/21/2015)

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  • 09/21/2015
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  • (#4) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-9851026.) filed by David Fiol. (Attachments: # 1 Certificate of Good Standing)(Berman, Steve) (Filed on 9/21/2015) (Entered: 09/21/2015)

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  • 09/21/2015
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  • (#3) Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (ha, COURT STAFF) (Filed on 9/21/2015) (Entered: 09/21/2015)

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  • 09/18/2015
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  • (#2) Proposed Summons. (Loeser, Thomas) (Filed on 9/18/2015) (Entered: 09/18/2015)

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  • 09/18/2015
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  • (#1) CLASS ACTION COMPLAINT; Jury Trial Demanded against Volkswagen Group of America, Inc. (Filing fee $ 400.00, receipt number 0971-9849419.). Filed by David Fiol. (Attachments: # 1 Civil Cover Sheet)(Loeser, Thomas) (Filed on 9/18/2015) Modified on 9/21/2015 (gbaS, COURT STAFF). (Entered: 09/18/2015)

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