Case Details

CourtCentral District of California
Docket number2:12-cv-09262
Date case filed2012-10-29
Date case closed2013-07-26
Date of latest filing
Assigned toJudge Gary A. Feess
Case cause28:1332 Diversity-Breach of Contract
Nature of suit190 Contract: Other
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

Party: Justin Cheng
Party type: Plaintiff
individually and on behalf of a class of similarly situated individuals
Attorney name: Cody R Padgett
Attorney Contact:
Capstone Law APC
1840 Century Park East Suite 450
Los Angeles, CA 90067
310-556-4811
Fax: 310-943-0396
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: David Lishian Cheng
Attorney Contact:
Capstone Law APC
1840 Century Park East Suite 450
Los Angeles, CA 90067
310-556-4811
Fax: 310-943-0396
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Gene Arthur Meneses
Attorney Contact:
Initiative Legal Group APC
1800 Century Park East Mezzanine
Los Angeles, CA 90067
310-556-5637
Fax: 310-861-9051
Email: [email protected]
TERMINATED: 12/18/2012 ATTORNEY TO BE NOTICED

Attorney name: Jordan L Lurie
Attorney Contact:
Capstone Law APC
1840 Centurey Park East
Suite 450
Los Angeles, CA 90067
(310) 556-4811
Fax: (310) 943-0396
Email: [email protected]
TERMINATED: 11/06/2012 ATTORNEY TO BE NOTICED

Attorney name: Lesley E Weaver
Attorney Contact:
Initiative Legal Group APC
1800 Centurey Park East 2nd Floor
Los Angeles, CA 90067
310-556-5637
Email: [email protected]
TERMINATED: 11/06/2012 ATTORNEY TO BE NOTICED

Attorney name: Sue Jin Kim
Attorney Contact:
Capstone Law APC
1840 Century Park East Suite 450
Los Angeles, CA 90067
310-556-4811
Fax: 310-943-0396
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Tarek H Zohdy
Attorney Contact:
Capstone Law APC
1840 Century Park East Suite 450
Los Angeles, CA 90067
310-556-4811
Fax: 310-943-0396
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: BMW of North America LLC
Party type: Defendant
a Delaware limited liability company
Attorney name: Eric Y Kizirian
Attorney Contact:
Lewis Brisbois Bisgaard and Smith LLP
221 North Figueroa Street Suite 1200
Los Angeles, CA 90012
213-250-1800
Fax: 213-250-7900
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: BMW US Holding Corp
Party type: Defendant
a Delaware corporation
Attorney name: Eric Y Kizirian
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: BMW Aktiengesellschaft
Party type: Defendant
a corporation of Germany

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-10-29 CLASS ACTION COMPLAINT against Defendants BMW Aktiengesellschaft, BMW US Holding Corp, BMW of North America LLC. Case assigned to Judge Gary A. Feess for all further proceedings. Discovery referred to Magistrate Judge Stephen J. Hillman.(Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Justin Cheng. (et) (mg). (Entered: 10/30/2012)
22012-10-29 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Justin Cheng. (et) (mg). (Entered: 10/30/2012)
32012-10-29 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 10/30/2012)
42012-11-06 NOTICE of Change of Attorney Information for attorney Jordan L Lurie counsel for Plaintiff Justin Cheng. Adding G. Arthur Meneses as attorney as counsel of record for Justin Cheng for the reason indicated in the G-06 Notice. Filed by Plaintiff Justin Cheng (Lurie, Jordan) (Entered: 11/06/2012)
52012-11-06 NOTICE of Association of Counsel associating attorney Sue J. Kim on behalf of Plaintiff Justin Cheng. Filed by Plaintiff Justin Cheng (Meneses, Gene) (Entered: 11/06/2012)
62012-11-06 NOTICE of Change of Attorney Information for attorney Gene Arthur Meneses counsel for Plaintiff Justin Cheng.Jordan L. Lurie is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Plaintiff Justin Cheng (Meneses, Gene) (Entered: 11/06/2012)
72012-11-06 NOTICE of Change of Attorney Information for attorney Gene Arthur Meneses counsel for Plaintiff Justin Cheng.Lesley E. Weaver is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Plaintiff Justin Cheng (Meneses, Gene) (Entered: 11/06/2012)
82012-11-06 NOTICE of Change of Attorney Information for attorney Tarek H Zohdy counsel for Plaintiff Justin Cheng. Changing address and firm name to Capstone Law APC, 1840 Century Park East, Suite 450, Los Angeles, CA 90067. Changing e-mail to [email protected] Filed by Plaintiff Justin Cheng (Zohdy, Tarek) (Entered: 11/06/2012)
92012-11-06 Notice of Electronic Filing re Notice of Change of Attorney Information (G-06), Notice of Change of Attorney Information (G-06) 4 , Notice of Association of Counsel 5 , Notice of Change of Attorney Information (G-06), Notice of Change of Attorney Information (G-06) 6 , Notice of Change of Attorney Information (G-06), Notice of Change of Attorney Information (G-06) 7 e-mailed to [email protected] bounced due to 550 5.7.1 RESOLVER.RST.AuthRequired; authentication required. Primary e-mail address had already been corrected. Notice of Electronic Filing resent addressed to [email protected] Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(tyw) TEXT ONLY ENTRY (Entered: 11/07/2012)
102012-11-19 CERTIFICATE of Interested Parties filed by DEFENDANTS BMW US Holding Corp, BMW of North America LLC, identifying Bayerische Motoren Werke Aktiengesellschaft. (Kizirian, Eric) (Entered: 11/19/2012)
112012-11-19 STIPULATION Extending Time to Answer the complaint as to BMW US Holding Corp answer now due 12/20/2012; BMW of North America LLC answer now due 12/20/2012, re Complaint - (Discovery), Complaint - (Discovery) 1 filed by DEFENDANTS BMW US Holding Corp; BMW of North America LLC.(Kizirian, Eric) (Entered: 11/19/2012)
122012-11-19 Joint STIPULATION for Relief from Local Rule 23-3 and for Extended Briefing Scheduling on Anticipated Rule 12 Motion filed by DEFENDANTS BMW US Holding Corp, BMW of North America LLC. (Attachments: # 1 Proposed Order)(Kizirian, Eric) (Entered: 11/19/2012)
132012-11-20 ORDER GRANTING BRIEFING SCHEDULE ON PROSPECTIVE RULE 12 MONTH(S) AND VACATING L.R. 23-3 DEADLINE TO FILE MOTION FOR CLASS CERTIFICATION by Judge Gary A. Feess, re Stipulation for Relief 12 (See document for details) (bp) (Entered: 11/21/2012)
142012-12-14 ORDER TO SHOW CAUSE by Judge Gary A. Feess. Plaintiff has failed to fully allege the citizenship of the parties. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE no later than Friday, December 21, 2012 why this case should not be dismissed for lack of subject matter jurisdiction. Submission of a First Amended Complaint properly alleging the citizenship of the parties will satisfy this Order. Response to Order to Show Cause due by 12/21/2012. (rfi) (Entered: 12/14/2012)
152012-12-17 REQUEST to Substitute attorney Tarek H. Zohdy in place of attorney G. Arthur Meneses filed by Plaintiff Justin Cheng. (Attachments: # 1 Proposed Order)(Meneses, Gene) (Entered: 12/17/2012)
162012-12-17 NOTICE of Change of Attorney Information for attorney Jordan L Lurie counsel for Plaintiff Justin Cheng. Adding Jordan L. Lurie as attorney as counsel of record for Justin Cheng for the reason indicated in the G-06 Notice. Filed by Plaintiff Justin Cheng (Lurie, Jordan) (Entered: 12/17/2012)
172012-12-18 ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY by Judge Gary A. Feess: The Court hereby orders that the request of: Justin Cheng, Plaintiff to substitute Tarek H. Zohdy & Capstone Law APC as attorney of record instead of G. Arthur Menses & Initiative Legal Group APC 15 Request to Substitute Attorney. Attorney Gene Arthur Meneses terminated (bp) (Entered: 12/18/2012)
182012-12-18 Second STIPULATION for Extension of Time to File Answer to January 7, 2013 re Complaint - (Discovery), Complaint - (Discovery) 1 filed by DEFENDANTS BMW US Holding Corp, BMW of North America LLC. (Attachments: # 1 Proposed Order EXTENDING TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND SETTING BRIEFING SCHEDULE ON ANTICIPATED MOTIONS)(Kizirian, Eric) (Entered: 12/18/2012)
192012-12-19 ORDER ON STIPULATION 18 by Judge Gary A. Feess. Plaintiff will file his FAC by 12/20/2012; defendants' response by 1/7/2013; opposition by 2/21/2013; replies by 3/25/2013; hearing on motion shall be calendared for an available date not less than 14 days after defendants file their replies. (vdr) (Entered: 12/20/2012)
202012-12-20 FIRST AMENDED COMPLAINT against defendants BMW Aktiengesellschaft, BMW US Holding Corp, BMW of North America LLC amending Complaint 1 , filed by plaintiff Justin Cheng. (bm) (bm). (Entered: 12/21/2012)
212013-01-07 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by DEFENDANTS BMW US Holding Corp, BMW of North America LLC. Motion set for hearing on 4/8/2013 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO COMPEL ARBITRATION, # 2 Declaration OF STEVE RUDKIN, # 3 Exhibit A TO DECLARATION OF STEVE RUDKIN)(Kizirian, Eric) (Entered: 01/07/2013)
222013-01-07 NOTICE OF MOTION AND MOTION to Dismiss FIRST AMENDED COMPLAINT filed by DEFENDANTS BMW US Holding Corp, BMW of North America LLC. Motion set for hearing on 4/8/2013 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Memorandum OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS, # 2 Declaration OF ERIC KIZIRIAN IN SUPPORT OF MOTION TO DISMISS, # 3 Exhibit 1 TO DECLARATION OF ERIC KIZIRIAN IN SUPPORT OF MOTION TO DISMISS, # 4 Exhibit 2 TO DECLARATION OF ERIC KIZIRIAN IN SUPPORT OF MOTION TO DISMISS, # 5 Exhibit 3 TO DECLARATION OF ERIC KIZIRIAN IN SUPPORT OF MOTION TO DISMISS, # 6 Exhibit 4 TO DECLARATION OF ERIC KIZIRIAN IN SUPPORT OF MOTION TO DISMISS)(Kizirian, Eric) (Entered: 01/07/2013)
232013-01-07 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss FIRST AMENDED COMPLAINT 22 filed by DEFENDANTS BMW US Holding Corp, BMW of North America LLC. (Kizirian, Eric) (Entered: 01/07/2013)
242013-01-14 STIPULATION for Extension of Time to File RULE 12(f) MOTION TO STRIKE filed by DEFENDANTS BMW US Holding Corp, BMW of North America LLC. (Attachments: # 1 Proposed Order)(Kizirian, Eric) (Entered: 01/14/2013)
252013-01-17 ORDER by Judge Gary A. Feess, re Stipulation for Extension of Time to File 24 . IT IS HEREBY ORDERED that BMW may file a motion to strike pursuant to Rule 12(f), if necessary, not later than fourteen (14) days after the Court issues a ruling on the pending motion to compel arbitration and/or motion to dismiss. (bp) (Entered: 01/17/2013)
262013-02-04 STIPULATION to Withdraw Motion MOTION to Compel Arbitration 21 filed by DEFENDANTS BMW US Holding Corp, BMW of North America LLC. (Attachments: # 1 Proposed Order)(Kizirian, Eric) (Entered: 02/04/2013)
272013-02-06 ORDER ON STIPULATION TO WITHDRAW MOTION TO COMPEL ARBITRATION [Docket No. 21] And To Request Hearing On Motion To Dismiss [Docket No. 22] Previously Filed In The Alternative by Judge Gary A. Feess withdrawing 21 Motion to Compel Arbitration: Based on the Stipulation and GOOD CAUSE APPEARING, the Court hereby orders as follows: (1) BMW's motion to compel arbitration (Docket No. 21) is deemed withdrawn; (2) Notwithstanding the withdrawal, BMW may re-file its motion to compel arbitration without waiver and without prejudice if an en banc or other decision of the Ninth Circuit reverses the January 30, 2013 decision in Kramer; (3) BMW's motion to dismiss (Docket No. 22), which was filed in thealternative, will be heard on the April 8, 2013 hearing date. (bm) (Entered: 02/07/2013)
282013-02-21 NOTICE of Appearance filed by attorney Cody R Padgett on behalf of Plaintiff Justin Cheng (Padgett, Cody) (Entered: 02/21/2013)
292013-02-21 NOTICE of Appearance filed by attorney David Lishian Cheng on behalf of Plaintiff Justin Cheng (Cheng, David) (Entered: 02/21/2013)
302013-02-21 OPPOSITION to re: MOTION to Dismiss FIRST AMENDED COMPLAINT 22 filed by Plaintiff Justin Cheng. (Attachments: # 1 Request for Judicial Notice in Support of Plaintiff's Opposition to Defendants' Motion to Dismiss the First Amended Complaint)(Cheng, David) (Entered: 02/21/2013)
312013-03-20 Joint STIPULATION to Continue Hearing on Defendant's Rule 12 Motion to Dismiss from April 08, 2013 to April 15, 2013 Re: MOTION to Dismiss FIRST AMENDED COMPLAINT 22 , Joint STIPULATION for Extension of Time to File Reply as to MOTION to Dismiss FIRST AMENDED COMPLAINT 22 filed by Plaintiff Justin Cheng. (Attachments: # 1 Proposed Order)(Padgett, Cody) (Entered: 03/20/2013)
322013-03-21 ORDER GRANTING STIPULATION TO CONTINUE THE HEARING ON DEFENDANTS' RULE 12 MOTION TO DISMISS AND EXTENDING THE DEADLINE TO FILE THE REPLY THERETO by Judge Gary A. Feess, re Stipulation to Continue, Stipulation for Extension of Time to File Response/Reply, 31 . The Court hereby ORDERS as follows: Defendant's Reply to their Rule 12 Motion to Dismiss shall be due no later than April 1, 2013; and The hearing on Defendants' Rule 12 Motion to Dismiss shall be continued to April 15, 2013, or other date convenient and availability to the Court. (bp) (Entered: 03/22/2013)
332013-04-01 REPLY IN SUPPORT OF MOTION to Dismiss FIRST AMENDED COMPLAINT 22 filed by Defendants BMW US Holding Corp, BMW of North America LLC. (Kizirian, Eric) (Entered: 04/01/2013)
342013-04-12 MINUTES IN CHAMBERS: ORDER RE MOTION TO DISMISS by Judge Gary A. Feess: the Court GRANTS in part Defendants' motion to dismiss. Plaintiffs' UCL, CLRA, fraud, negligent misrepresentation, and breach of implied warranty claims are DISMISSED with leave to amend. The Amended Complaint is to be filed no later than April 25, 2013. Plaintiffs breach of express warranty claim is DISMISSED without leave to amend. Defendants' motion is DENIED as to Plaintiffs' claims under the Song-Beverly and Magnuson-Moss Acts. The hearing set for Monday, April 15, 2013 is VACATED. 22 (rfi) (Entered: 04/12/2013)
352013-04-29 SECOND AMENDED COMPLAINT against defendants BMW Aktiengesellschaft, BMW US Holding Corp, BMW of North America LLC amending First Amended Complaint 20 , filed by plaintiff Justin Cheng. (Attachments: # 1 Part 2)(bm) (Entered: 04/29/2013)
362013-05-02 STIPULATION for Extension of Time to File Answer to May 28, 2013 re Amended Complaint, 35 filed by DEFENDANTS BMW US Holding Corp, BMW of North America LLC. (Attachments: # 1 Proposed Order)(Kizirian, Eric) (Entered: 05/02/2013)
372013-05-03 ORDER by Judge Gary A. Feess. BMW's response to the Second Amended Complaint is due on or before May 28, 2013; (rfi) (Entered: 05/06/2013)
382013-05-28 NOTICE OF MOTION AND MOTION to Dismiss SECOND AMENDED COMPLAINT filed by DEFENDANTS BMW US Holding Corp, BMW of North America LLC. Motion set for hearing on 7/29/2013 at 09:30 AM before Judge Gary A. Feess. (Attachments: # 1 Memorandum IN SUPPORT OF MOTION TO DISMISS SECOND AMENDED COMPLAINT, # 2 Declaration OF ERIC KIZIRIAN, # 3 Exhibit 1 TO THE KIZIRIAN DECLARATION, # 4 Exhibit 2 TO THE KIZIRIAN DECLARATION, # 5 Exhibit 3 TO THE KIZIRIAN DECLARATION, # 6 Exhibit 4 TO THE KIZIRIAN DECLARATION)(Kizirian, Eric) (Entered: 05/28/2013)
392013-05-28 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss SECOND AMENDED COMPLAINT 38 filed by DEFENDANTS BMW US Holding Corp, BMW of North America LLC. (Kizirian, Eric) (Entered: 05/28/2013)
402013-06-28 OPPOSITION to MOTION to Dismiss SECOND AMENDED COMPLAINT 38 filed by Plaintiff Justin Cheng. (Cheng, David) (Entered: 06/28/2013)
412013-07-15 REPLY in Support of MOTION to Dismiss SECOND AMENDED COMPLAINT 38 filed by Defendants BMW US Holding Corp, BMW of North America LLC. (Kizirian, Eric) (Entered: 07/15/2013)
422013-07-26 MINUTES (IN CHAMBERS): ORDER RE: MOTION TO DISMISS SECOND AMENDED COMPLAINT by Judge Gary A. Feess: Defendants' Motion to Dismiss is GRANTED and Cheng's SAC is DISMISSED with prejudice. The hearing on this matter presently scheduled for July 29, 2013, is VACATED. 38 (MD JS-6. Case Terminated) (bp) (Entered: 07/29/2013)
432013-07-30 Notice of Appearance or Withdrawal of Counsel: for attorney David Lishian Cheng counsel for Plaintiff Justin Cheng. Sue Jin Kim is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Justin Cheng. (Cheng, David) (Entered: 07/30/2013)
442013-07-30 Notice of Appearance or Withdrawal of Counsel: for attorney David Lishian Cheng counsel for Plaintiff Justin Cheng. David Lishian Cheng is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Justin Cheng. (Cheng, David) (Entered: 07/30/2013)