McKay Motors, Inc. vs. Mazda Motor of America, Inc.

Case Details
Case Number 07-1477 FV
Case Type FV Franchise - Vehicles
Case Name McKay Motors, Inc. vs. Mazda Motor of America, Inc.
Commissioner Nimrod T. Chapel, Jr.
Case Status Archived
Date Created 2007-08-31 15:35:39
Date Closed 2008-09-02 12:44:05
Case Appointments
Type Location Attendees Subject Status Begin End
Hearing Set for JCMo rod.chapel@oa.mo.gov C: #07-1477 FV McKay Motors, Inc. vs. Mazda Motor of America, Inc.[Mr. Johnny K. Richardson, Mr. Gregory C. Mitchell, Isidore I. Lamke, Robert C. Byerts, Kurt D. Williams, Kirk A. Peterson] Cancelled 2008-01-23 09:00:00 2008-01-25 17:00:00
Pre Hearing Conference Set for JCMO by phone rod.chapel@oa.mo.gov C: #07-1477 FV McKay Motors, Inc. vs. Mazda Motor of America, Inc.[Mr. Johnny K. Richardson, Mr. Gregory C. Mitchell, Isidore I. Lamke, Robert C. Byerts, Kurt D. Williams, Kirk A. Peterson] Held 2007-12-07 14:00:00 2007-12-07 15:00:00
Hearing Set for JCMO rod.chapel@oa.mo.gov C: #07-1477 FV McKay Motors, Inc. vs. Mazda Motor of America, Inc.[Mr. Johnny K. Richardson, Mr. Gregory C. Mitchell, Isidore I. Lamke, Robert C. Byerts, Kurt D. Williams, Kirk A. Peterson] Continued 2008-05-12 09:00:00 2008-05-15 17:00:00
Pre Hearing Conference Set for JCMO by phone rod.chapel@oa.mo.gov C: #07-1477 FV McKay Motors, Inc. vs. Mazda Motor of America, Inc.[Mr. Johnny K. Richardson, Mr. Gregory C. Mitchell, Isidore I. Lamke, Robert C. Byerts, Kurt D. Williams, Kirk A. Peterson] Held 2008-03-21 10:00:00 2008-03-21 11:00:00
Hearing Set for JCMO rod.chapel@oa.mo.gov C: #07-1477 FV McKay Motors, Inc. vs. Mazda Motor of America, Inc.[Mr. Johnny K. Richardson, Mr. Gregory C. Mitchell, Robert C. Byerts, Kurt D. Williams, Isidore I. Lamke, Kirk A. Peterson] Cancelled 2008-10-06 09:00:00 2008-10-10 17:00:00
Pre Hearing Conference Set for JCMO by phone rod.chapel@oa.mo.gov C: #07-1477 FV McKay Motors, Inc. vs. Mazda Motor of America, Inc.[Mr. Johnny K. Richardson, Mr. Gregory C. Mitchell, Robert C. Byerts, Kurt D. Williams, Isidore I. Lamke, Kirk A. Peterson] Held 2008-07-07 15:00:00 2008-07-07 16:00:00
Correspondence
Reason Comments Date Sent Documents
Objection Letter to Pet sent and to Resp -- objs due 9/21/07 to mtn to intervene. sh 2007-09-07 09:21:00
Returned Mail Resent to Respondent (Kurt Williams), to new address. sh 2007-11-28 10:28:00
Transcript Letter to Pet Non-State Party 2007-12-10 15:52:00
Transcript Letter to Resp Non-State Party 2007-12-10 16:01:00
Transcript Letter to Resp Non-State Party 2007-12-10 16:03:00
Transcript Letter to Resp Non-State Party 2007-12-10 16:06:00
Transcript Sent to Pet Non-State Party (J.Richardson) - ds 2007-12-12 15:33:00
Order Issued denying Intervenors' mtn for summary determination and mtn for protective order. sh 2008-01-16 11:59:00
Hearing Notice sent-Rescheduled Ltr 9:00 AM, May 12, 2008 thru May 15, 2008, NTC 4 days rb. 2008-02-27 08:52:00
Objection Letter to Pet sent Obj due 3/14/08 to mtn for enforcement of discovery. sh 2008-03-03 07:37:00
Order Issued granting/denying in part Resp's mtn to compel. sh 2008-03-24 09:18:00
Objection Letter to Resp sent - ROBDU Obj due 4/25/08 to mtn to compel. sh 2008-04-16 10:37:00
Order Issued granting mtn for stipulated protective order. sh 2008-04-18 08:22:00
Hearing Contin Granted Ord mailed-Commissions Mt MAY 12-15, 2008 HEARING CONTINUED. Reschedule 9:00 AM, Monday, October 6, 2008 thru Friday, October 10, 2008, NTC 1 week. Deny request for hearing on discovery rb. 2008-04-22 11:59:00
Order Granting Extension of Time for Intervenors to respond to discovery. sh 2008-05-27 08:49:00
Order Issued granting Intervenors' mtn to compel. sh 2008-06-03 13:50:00
Prehearing Conference Notice Sent 3:00 PM, Monday, July 7, 2008, NTC by phone rb. 2008-06-18 13:45:00
Transcript Letter to Pet Non-State Party 2008-07-09 11:21:00
Transcript Letter to Resp Non-State Party 2008-07-09 11:28:00
Transcript Letter to Resp Non-State Party 2008-07-09 11:31:00
Transcript Letter to Resp Non-State Party 2008-07-09 11:34:00
Objection Letter to Pet sent Obj due 6/12/08 to mtn for enforcement of 3/24/08 order and for sanctions. sh 2008-06-02 15:15:00
Transcript Sent to Pet Non-State Party (J. Richardson) - ds 2008-07-14 14:06:00
Objection Letter to Pet sent Obj due 7/31/08 to mtn to dismiss. sh 2008-07-24 12:09:00
Order Issued granting mtn to suspend discovery. sh 2008-07-28 09:34:00
Order Issued rescinding 7/28/08 order; granting sanctions against Pet. sh 2008-07-29 11:46:00
Order Granting Extension of Time until 8/11/08 for responses to mtn to dismiss. sh 2008-07-29 15:34:00
Transcript Sent to Resp Non-State Party (Williams, Peterson) July 7, 2008 phone conference - ds 2008-08-21 08:45:00
Order Issued mtn to quash service of subpoena and for protective order is moot. sh 2008-09-02 09:47:00
Closed-Motion of Petitioner mailed hearing canceled - ds 2008-09-02 12:44:00
Order Issued amending 9/2/08 order to provide that the dismissal is without prejudice. sh 2008-09-29 13:45:00
Case Documents
ID Type Comments Date Received
16806234 Correspondence
16807130 Motion to Intervene filed by Cape County Motors, Inc. and Christopher G. Auffenberg. nb 2007-09-06 11:08:00
16807132 Miscellaneous filed by Isidore Lamke - attempt to enter appearance for potential intervenors Cape County Motors, Inc. and Christopher Auffenberg. nb 2007-09-06 11:32:00
16807382 Correspondence
16807591 Motion filed for Admission of Attorney Pro Hac Vice of Robert C. Byerts for Intervenors. nb 2007-09-07 16:16:00
16810864 Correspondence
16815785 Certificate of Serv filed by Respondent of mailing First Request for Production of Documents, First Set of Interrogatories and Request for Admissions to Cape County Motors, Inc. 10/16/07. nb 2007-10-17 10:22:00
16815790 Certificate of Serv filed by Respondent of mailing First Request for Production of Documents, First Set of Interrogatories and Request for Admissions to McKay Motors, Inc. 10/16/07. nb 2007-10-17 10:26:00
16823845 Certificate of Serv filed by Respondent of Responses to requests for admission, request for production of documents, and first set of interrogatories mailed 11/19/07. (by Fax) nb 2007-11-19 14:15:00
16823846 Motion for Extension of Time filed by Petitioner to respond to discovery requests. (by Fax) nb 2007-11-19 16:15:00
16823853 Objections filed by Petitioner to first set of interrogatories. (by Fax) nb 2007-11-19 16:45:00
16823854 Objections filed by Petitioner to first request for production of documents. (by Fax) nb 2007-11-19 16:45:00
16823855 Objections filed by Petitioner to request for admissions. (by Fax) nb 2007-11-19 16:45:00
16823856 Objections filed by Petitioner to request for admissions. (by Fax) nb 2007-11-19 16:58:00
16823961 Correspondence
16825025 Certificate of Serv of Respondents filed Notice of Deposition to Christopher G. Auffenberg and Notice of Deposition to Bruce B. McKay. sh 2007-11-26 08:45:00
16825096 Certificate of Serv filed by fax Intervenor's Request for Admissions, Request for Production of Documents, and First Set of Interrogatories. sh 2007-11-26 09:30:00
16825536 Returned Mail Received - Order dated 11/20/07 addressed to Kurt Williams marked Forward time expired, with new address provided. nb 2007-11-28 09:24:00
16825940 Motion for Protective Order filed by Intervenors Cape County and Auffenberg. (by Fax) nb 2007-11-29 14:51:00
16826944 Response filed by Respondent to motion for protective order - Opposes. (by Fax) nb 2007-12-03 16:59:00
16827076 Motion for Extension of Time filed by Petitioner to Respond to Discovery Requests. nb 2007-12-04 14:35:00
16827087 Motion for Summary Determination filed by Intervnenors. (by Fax) nb 2007-12-04 15:19:00
16827454 Correspondence
16828003 Correspondence
16828047 Transcript filed McKay v. Mazda;bjb 2007-12-10 15:50:00
16828049 Correspondence
16828051 Correspondence
16828053 Correspondence
16828055 Correspondence
16828474 Certificate of Serv filed by Petitioner of Answers to Request for Admissions mailed 12/11/07. (by Fax) nb 2007-12-11 16:48:00
16828475 Certificate of Serv filed Amended by Petitioner, of Objections and Answers to Request for Admissions mailed 12/11/07. (by Fax) nb 2007-12-11 16:59:00
16828785 Correspondence
16829445 Response filed by Intervenors to Mazdas opposition to motion for protective order. nb 2007-12-14 16:37:00
16831419 Objection filed by Respondent to motion for summary determination. (by Fax) nb 2007-12-20 16:00:00
16831420 Certificate filed by Respondent of Mailing Opposition to motion for summary determination 12/20/07. (by Fax) nb 2007-12-20 16:00:00
16831425 Motion for Extension of Time filed by Respondent to respond to discovery. (by Fax) nb 2007-12-20 16:00:00
16831426 Certificate filed by Respondent of mailing Agreed Motion for Extension of Time to respond to discovery. nb 2007-12-20 16:00:00
16831694 Response filed by Respondent to (sur-reply) to Intervenors reply to opposition to motion for protective order. (by Fax) nb 2007-12-21 15:15:00
16831697 Certificate of Serv filed by Respondent of Sur-Reply to Intervenors reply to opposition to motion for protective order mailed 12/21/07. (by Fax) nb 2007-12-21 15:17:00
16833146 Exclusionary Dates for Hrg filed by Resp. by Fax. nb 2007-12-28 15:15:00
16833160 Correspondence
16833166 Exclusionary Dates for Hrg filed by Resp. Intervenors by Fax. nb 2007-12-28 15:31:00
16833204 Exclusionary Dates for Hrg filed by Pet. by Fax. nb 2007-12-28 16:12:00
16833407 Response filed by Intervenors, Supplemental to 12/10/07 order - revised exclusionary dates. (by Fax) nb 2007-12-31 13:14:00
16835849 Response filed by Intervenors in Reply to Mazda Opposition to motion for summayr determination and Response to Mazda motion for summary determination. (by Fax) nb 2008-01-09 16:00:00
16837160 Motion for Extension of Time filed by Respondent to Respond to Discovery. (by Fax) nb 2008-01-14 16:55:00
16837538 Correspondence
16839308 Certificate filed by Respondent of Mailing Responses to Intervenors first request for production of documents, Responses to first set of interrogatories, and Responses to request for admissions mailed 1/22/08. (by Fax) nb 2008-01-22 15:00:00
16848451 Certificate filed by Respondent of Mailing notice to take deposition of Christopher G. Auffenberg and Notice to take deposition of Angie Sturdevant sent 2/26/08. (by Fax) nb 2008-02-26 14:40:00
16848663 Correspondence
16849555 Certificate filed by Respondent of mailing Subpoena Duces Tecum and Notice to take depostion of McKay Motors, Inc., and Notice to take deposition of Bruce B. McKay on 2/25/08. nb 2008-02-29 11:21:00
16849558 Motion filed by Respondent for Enforcement of Discovery against McKay Motors, Inc. nb 2008-02-29 11:23:00
16849751 Correspondence
16851442 Certificate of Serv - Rqst for Prod of Docs filed Second by Intervenors sent 3/7/08. (by Fax) nb 2008-03-07 15:42:00
16852700 Certificate of Serv filed by Petitioner of Responses to first request for production of documents and Responses to first set of interrogatories hand delivered 3/13/08. nb 2008-03-12 16:59:00
16853280 Response filed by Petitioner to Motion for Enforcement of Discovery. (by Fax) nb 2008-03-14 13:27:00
16855690 Correspondence
16857811 Transcript filed McKay v. Mazda;bjb 2008-03-31 16:42:00
16857812 Certificate filed by Respondent of mailing request for production of documents to Cape County MOtors, Inc. and Chris Auffenberg. (by Fax with strange dates) nb 2008-03-31 16:44:00
16859335 Certificate of Serv filed by Petitioner of Supplemental Responses to first request for production of documents and Supplemental Responses to first set of interrogatories mailed 4/4/08. (by Fax) nb 2008-04-04 16:36:00
16859979 Request filed by Petitioner and Respondent Jointly for hearing (status conference) to address a workable schedule. (by Fax) nb 2008-04-08 11:01:00
16860895 Miscellaneous filed by Petitioner Proposed Stipulated Protective Order. nb 2008-04-10 16:10:00
16861972 Motion to Compel filed by Intervenors Cape County Motors and Christopher Auffenberg, Discovery from Respondent. nb 2008-04-16 09:32:00
16862008 Correspondence
16862784 Correspondence
16863853 Correspondence
16865010 Response filed by Respondent to Intervenors motion to compel responses to discovery. (by Fax) nb 2008-04-25 15:41:00
16865839 Certificate of Serv filed by Intervenor of Agreed Motion for Extension of Time to Respond to Discovery 4/28/08. nb 2008-04-29 10:20:00
16865848 Motion for Extension of Time filed by Intervenors, Agreed, to Respond to Discovery. nb 2008-04-29 10:26:00
16872951 Correspondence
16874073 Motion filed by Respondent for Enforcement of AHC 3/24/08 Order and Request for Sanctions against Petitioner. (by Fax) nb 2008-05-29 16:35:00
16874949 Correspondence
16875511 Certificate of Serv filed by Petitioner of Second Supplemental Responses to first request for production of documents mailed 6/4/08. (by Fax) nb 2008-06-04 16:40:00
16876338 Certificate of Serv filed by Petitioner of Third Supplemental Responses to first request for production of documents mailed 6/6/08. (by Fax) nb 2008-06-06 13:24:00
16876339 Motion filed by Respondent for Modification to Its Motion for Enforcement of 3/24/08 Order and Request for Sanctions against McKay Motors, Inc. (by Fax) nb 2008-06-06 13:26:00
16876676 Suggestions in Opposition filed by Petitioner to motion for sanctions. (by Fax) nb 2008-06-09 15:02:00
16877419 Response filed by Respondent to Petitioners reply to motion for enforcement of the 3/24/08 Order and request for sanctions against Petitioner. (by Fax) nb 2008-06-11 13:59:00
16879501 Correspondence
16879599 Certificate filed by Respondent of mailing Supplemental Responses to Intervenors request for documents and interrogatories on 6/18/08. (by Fax) nb 2008-06-18 16:31:00
16879600 Certificate filed by Respondent Duplicate? - of mailing Supplemental Responses to Intervenors request for documents and interrogatories on 6/18/08. (by Fax) nb 2008-06-18 16:32:00
16880086 Certificate of Serv filed by Respondent of Mailing Second Set of Interrogatories, Second Request for Admission and Second Request for Production of Documents 6/20/08. (by Fax) nb 2008-06-20 14:20:00
16883865 Transcript filed McKay v. Mazda; grs. 2008-07-09 11:20:00
16883867 Correspondence
16883869 Correspondence
16883871 Correspondence
16883873 Correspondence
16884334 Correspondence
16884368 Certificate of Serv filed by Petitioner of Fourth Supplemental Response to first request for production of documents mailed 7/10/08. (by Fax) nb 2008-07-10 17:00:00
16884860 Correspondence
16886007 Motion to Dismiss - Respondent filed by Fax. nb 2008-07-17 16:38:00
16886737 Certificate of Serv filed by Petitioner of Objections to second request for production of documents, Objections to second set of interrogatories and Objections to second request for admissions mailed 7/21/08. (by Fax) nb 2008-07-21 16:31:00
16887727 Correspondence
16888004 Motion filed by Respondent to Suspend Discovery pending resolution of Its motion to dismiss. (by Fax) nb 2008-07-25 11:44:00
16888430 Correspondence
16888823 Correspondence
16888913 Motion for Extension of Time filed by Petitioner and Intervenor to respond to motion to dismiss, filed by fax. sh 2008-07-29 14:53:00
16888952 Correspondence
16892539 Suggestions in Opposition filed by Petitioner to motion to dismiss and Request for Oral Argument. (by Fax) nb 2008-08-11 16:36:00
16892603 Response filed by Intervenors Cape County Motors, Inc. and Christopher Auffenberg to motion to dismiss. (by Fax) nb 2008-08-11 16:45:00
16893053 Motion filed by Respondent for date to file reply and Request for Oral Argument. (by Fax) nb 2008-08-14 09:46:00
16893335 Notice filed of Appearance by Robert Byerts and Isadore Lamke for Capitol Motors, Inc., d/b/a Auffenberg of Jefferson City (not a party), filed by fax. sh 2008-08-15 13:28:00
16893336 Notice filed of Written Objections to Document Requests Served With Subpoena, filed by Capitol Motors (not a party) by fax. sh 2008-08-15 13:29:00
16893338 Motion to Quash filed by Capitol Motors (not a party) and Intervenors, Service of Subpoena and for Protective Order, filed by fax. sh 2008-08-15 13:31:00
16894279 Correspondence
16894631 Response filed by Respondent to opposition to motion to dismiss. (by Fax, noting exhibits will come by separate fax) nb 2008-08-22 13:01:00
16894638 Exhibit filed by Respondent Exhibits 1 - 7 in Support of Reply to opposition to motion to dismiss. (by Fax) nb 2008-08-22 13:06:00
16894800 Hard Copy filed of Respondents reply brief in support of its motion to dismiss and supporting Exhibits, with tabs. nb 2008-08-25 09:51:00
16894957 Notice filed of Withdrawal of motion to quash from Intervenors. (by Fax) nb 2008-08-25 13:02:00
16896230 Correspondence
16896314 Motion to Dismiss - Petitioner filed without prejudice. nb 2008-08-29 16:30:00
16896358 Correspondence
16897755 Motion filed by Petitioner for Clarification of 9/2/08 order of dismissal. (by Fax) nb 2008-09-08 14:55:00
16898191 Suggestions in Opposition filed by Respondent to Pet's mtn for clarification of order of dismissal, filed by fax. sh 2008-09-09 08:15:00
16898706 Response filed by Petitioner to Respondents opposition to dismissal without prejudice. (by Fax) nb 2008-09-11 16:50:00
16898833 Motion filed by Petitioner for Leave to file a Sur-reply to Respondents motion to dismiss. (by Fax) nb 2008-09-12 14:23:00
16902780 Correspondence