Opinion
2:23-cv-00098-JLR
02-17-2023
CITY OF SEATTLE Plaintiff, v. HYUNDAI MOTOR AMERICA, INC. AND KIA AMERICA, INC., Defendants.
Gretchen Freeman Cappio, KELLER ROHRBACK, L.L.P. Attorney for Plaintiffs QUINN EMANUEL URQUHART & SULLIVAN, LLP Steven G. Madison (pro hac vice forthcoming) Justin Griffin (pro hac vice forthcoming) QUINN EMANUEL URQUHART & SULLIVAN, LLP Attorney for Defendants
Gretchen Freeman Cappio,
KELLER ROHRBACK, L.L.P.
Attorney for Plaintiffs
QUINN EMANUEL URQUHART & SULLIVAN, LLP
Steven G. Madison (pro hac vice forthcoming)
Justin Griffin (pro hac vice forthcoming)
QUINN EMANUEL URQUHART & SULLIVAN, LLP
Attorney for Defendants
STIPULATED MOTION TO
EXTEND TIME TO RESPOND TO COMPLAINT; [PROPOSED]
ORDER THEREON
HON. JAMES L. ROBART, UNITED STATES DISTRICT JUDGE
WHEREAS, on January 23, 2023, the City of Seattle (“Plaintiff”) filed the abovecaptioned action against Defendants Hyundai Motor America, Inc. and Kia America, Inc. (“Complaint”);
WHEREAS, Plaintiff alleges a claim for public nuisance premised on Defendants' decision not to install or remedy their failure not to install engine immobilizers on certain Hyundai and Kia vehicles;
WHEREAS, the Judicial Panel on Multidistrict Litigation (“JPML”) coordinated before the Honorable James V. Selna in the United States District Court for the Central District of California class actions brought on behalf of owners and lessors of certain Hyundai and Kia vehicles without engine immobilizers (the “MDL”);
WHEREAS, on January 24, 2023, Plaintiff filed a Notice of Tag-Along Action with the JPML and on January 30, 2023, the JPML issued a Conditional Transfer Order (MDL No. 3052, Docket No. 124) that would have transferred this action to the MDL;
WHEREAS, on February 6, 2023, Hyundai Motor America, Inc. and Kia America, Inc. filed a Notice of Opposition to the Conditional Transfer Order;
WHEREAS, Defendants intend to file a Motion to Vacate the Conditional Transfer Order and on February 6, 2023, the JPML issued a briefing schedule pursuant to which the Motion to Vacate must be filed on or before February 21, 2023, any Responses must be filed on or before March 13, 2023, and any Reply in support of the motion must be filed no later than March 20, 2023;
WHEREAS, on February 7, 2023, Judge Selna held a case management conference in the MDL, and on February 9, 2023, Judge Selna issued “Order No. 2: Adoption of Organization Plan and Appointment of Counsel” (“CMO 2”), in which he appointed Plaintiff's counsel, Gretchen Freeman Cappio of Keller Rohrback L.L.P., as Chair of the MDL Government Entities Committee;
WHEREAS, CMO 2 orders a Consolidated Governmental Entity Complaint to be filed “to the extent other Government Entity Complaints are filed” prior to March 25, 2023, along with a stipulation for briefing and hearing on any Rule 12 or other challenges to that consolidated Complaint;
WHEREAS, if “no other complaints are filed,” CMO 2 requires Defendants to respond to the Complaint by April 10, 2023;
WHEREAS, Defendants were served with the Complaint herein on January 27, so their responsive pleading would be due in the normal course no later than February 17, 2023;
WHEREAS, Defendants deny Plaintiff's claim (and the claims of the MDL plaintiffs) and intend to file a Motion to Dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12 and/or other challenge on the grounds that the Complaint does not state a cause of action as a matter of Washington law; and
WHEREAS the Parties agree to extend the deadline for Defendants' response to the Complaint to April 3, 2023.
THEREFORE, the Parties jointly request that the Court extend Defendants' deadline to respond to Plaintiff's Complaint until April 3, 2023.
IT IS SO ORDERED.