Tomassini v. FCA US LLC

Plaintiff:	Robert Tomassini
Defendant:	FCA US LLC and Chrysler Group LLC
Consolidated Plaintiff:	Thomas Hromowyk
Not Classified By Court:	David R Homer
Case Number:	3:2014cv01226
Filed:	October 8, 2014
Court:	US District Court for the Northern District of New York
Office:	Binghamton Office
County:	Broome
Presiding Judge:	Mae A D'Agostino
Referring Judge:	Miroslav Lovric
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By:	Both

Date Filed	Document Text
May 7, 2021	Filing 359 REPLY to Response to Motion re #355 MOTION for Reconsideration re #354 Order on Motion for Bill of Costs,,,, Order on Motion for Attorney Fees,,, filed by FCA US LLC. Motion returnable before Judge Mae A. D'Agostino filed by FCA US LLC. (Pope, Alan)
May 5, 2021	Filing 358 TEXT ORDER granting #357 Letter Request for leave to file a one-page reply in Support of FCA US's Motion for Reconsideration: It is hereby ORDERED that FCA may file a one-page reply regarding the motion for reconsideration, on or before 5/7/2021. Signed by U.S. District Judge Mae A. D'Agostino on 5/5/21. (ban)
May 5, 2021	Filing 357 Letter Motion from Alan J. Pope for FCA US LLC requesting Leave to file one-page Reply in Support of FCA US's Motion for Reconsideration submitted to Judge Mae A. D'Agostino . (Pope, Alan)
April 29, 2021	Filing 356 RESPONSE in Opposition re #355 MOTION for Reconsideration re #354 Order on Motion for Bill of Costs,,,, Order on Motion for Attorney Fees,,, filed by FCA US LLC. Motion returnable before Judge Mae A. D'Agostino filed by Robert Tomassini. (Migliaccio, Nicholas)
April 8, 2021	Filing 355 MOTION for Reconsideration re #354 Order on Motion for Bill of Costs,,,, Order on Motion for Attorney Fees,,, filed by FCA US LLC. Motion returnable before Judge Mae A. D'Agostino Response to Motion due by 4/29/2021 (Attachments: #1 Memorandum of Law) (D'Aunoy, Stephen)
March 26, 2021	Filing 354 MEMORANDUM-DECISION AND ORDER granting in part and denying in part #338 Motion for Bill of Costs; granting in part and denying in part #339 Motion for Attorney Fees: The Court hereby ORDERS that Plaintiff's motion for attorneys' fees (Dkt. No. 339) is GRANTED in part and DENIED in part; and the Court furtherORDERS that Plaintiff is awarded $125,882.78 in attorneys' fees; and the Court further ORDERS that Plaintiff's motion to tax costs (Dkt. No. 338) is GRANTED in part and DENIED in part; and the Court further ORDERS that Plaintiff is awarded $4,699.30 in taxable costs; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 3/26/21. (ban)
February 12, 2021	Filing 353 REPLY to Response to Motion re #340 MOTION for Attorney Fees Memoradum in Support of Plaintiffs Motion for FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h) response to ECF #350 Plaintiffs Notice of Resubmission of Exhibits filed by FCA US LLC. (Pope, Alan)
February 9, 2021	Filing 352 TEXT ORDER granting #351 Letter Request for leave to file a response: It is hereby ORDERED that the defendant's request for leave to file a response to the #350 Notice of Exhibits, submitted to the Court on 2/4/21, is GRANTED. Defendant's response, not to exceed 3 pages, shall be filed on or before 2/12/21. Signed by U.S. District Judge Mae A. D'Agostino on 2/9/21. (ban)
February 8, 2021	Filing 351 Letter Motion from Alan J. Pope for FCA US LLC requesting leave to file short response to exhibits submitted by Plaintiff submitted to Judge Mae A. D'Agostino . (Pope, Alan)
February 4, 2021	Filing 350 NOTICE by Robert Tomassini re #341 Affidavit,, of Resubmission of Exhibits (Attachments: #1 Exhibit(s), #2 Exhibit(s))(Migliaccio, Nicholas)
January 29, 2021	Filing 349 TEXT ORDER re #341 Affidavits in Support of Motion for Attorney Fees: The Court attempted to review the billing records submitted by Plaintiff's counsel in support of their motion for attorneys' fees; however, the description for certain entries were cut off. Accordingly, the Court hereby orders that Plaintiff resubmit the following portions of the billing records: Docket Entry 341-1 (pages 8 through 11) and Docket Entry 341-3 (pages 9 through 11). The full description for each entry should be visible. These documents must be submitted on or before February 4, 2021. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 1/29/21. (ban)
December 18, 2020	Filing 348 REPLY to Response to Motion re #340 MOTION for Attorney Fees Memoradum in Support of Plaintiffs Motion for FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h), #338 MOTION for Bill of Costs Bill of Costs Pursuant to Fed. R. Civ. Proc. 54(d)(1), #339 MOTION for Attorney Fees Notice of Motion FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h) filed by Robert Tomassini. (Attachments: #1 Exhibit(s) A -- FCA US Opposition to Request for Leave to Appeal Denial of Class Certification, #2 Affirmation Reply Affirmation of Elmer Keach in Support of Motion for Attorneys' Fees)(Keach, Elmer)
December 10, 2020	Filing 347 TEXT ORDER granting #346 Letter Request re #339 MOTION for Attorney Fees: It is hereby ORDERED that the plaintiff's request for leave to file a reply brief, not to exceed 10 pages and with the consent of defense counsel, is GRANTED. Reply to Response to Motion due by 12/18/2020. Signed by U.S. District Judge Mae A. D'Agostino on 12/10/20. (ban)
December 9, 2020	Filing 346 Letter Motion from Elmer Keach for Robert Tomassini requesting Modifying Request for Leave to File a Reply Brief to Ten Pages submitted to Judge Mae A. D'Agostino . (Keach, Elmer)
December 9, 2020	Filing 345 Letter Motion from Elmer Keach for Robert Tomassini requesting Leave of Court to File a Reply Brief on December 18, 2020 submitted to Judge Mae A. D'Agostino . (Keach, Elmer)
December 4, 2020	Filing 344 RESPONSE in Opposition re #338 MOTION for Bill of Costs Bill of Costs Pursuant to Fed. R. Civ. Proc. 54(d)(1), #339 MOTION for Attorney Fees Notice of Motion FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h) filed by FCA US LLC. (Attachments: #1 Exhibit(s) Exhibit A - Deposition Excerpts of Robert Tomassini, #2 Exhibit(s) Exhibit B - Declaration of Stephen D'Aunoy, #3 Exhibit(s) Exhibit 1 to Declaration - Discovery Responses)(Pope, Alan)
November 3, 2020	Filing 343 TEXT ORDER granting #342 LETTER BRIEF filed by FCA US LLC: It is hereby ORDERED that defendant's request for an extension of time to respond to #338 Bill of Costs and #339 Motion for Attorneys Fees, is GRANTED; The defendant's response shall be filed on or before 12/4/20. Signed by U.S. District Judge Mae A. D'Agostino on 11/3/2020. (ban)
November 3, 2020	Filing 342 LETTER BRIEF Requesting Extension of Time to Respond to Plaintiff's Motions by FCA US LLC. (Pope, Alan)
November 3, 2020	Reset Deadlines as to #338 MOTION for Bill of Costs Bill of Costs Pursuant to Fed. R. Civ. Proc. 54(d)(1), #339 MOTION for Attorney Fees Notice of Motion FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h). Response to Motion due by 12/4/2020 (ban)
November 2, 2020	TEXT NOTICE of Hearing on Motion re #338 MOTION for Bill of Costs Bill of Costs Pursuant to Fed. R. Civ. Proc. 54(d)(1), AND #339 MOTION for Attorney Fees Notice of Motion FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h) : The Motion Hearing is set for 12/1/2020 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino; No personal appearances are necessary. The motion will be decided on the submission of the papers only. Response to Motion due by 11/16/2020. (ban)
October 30, 2020	Filing 341 AFFIDAVIT re #339 MOTION for Attorney Fees Notice of Motion FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h) Plaintiff's Counsels Declarations in Support of Plaintiff's Motion for FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h) by Robert Tomassini. (Attachments: #1 Declaration Nicholas Migliaccio, #2 Declaration Melanie H. Muhlstock, #3 Declaration Gary Mason)(Migliaccio, Nicholas)
October 30, 2020	Filing 340 MEMORANDUM in Support of Plaintiffs #339 Motion for FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h) filed by Robert Tomassini. (Migliaccio, Nicholas) Modified on 11/2/2020 (jel, ).
October 30, 2020	Filing 339 MOTION for Attorney Fees Notice of Motion FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h) filed by Robert Tomassini. (Migliaccio, Nicholas)
October 30, 2020	Filing 338 MOTION for Bill of Costs Bill of Costs Pursuant to Fed. R. Civ. Proc. 54(d)(1) filed by Robert Tomassini. Motions referred to Miroslav Lovric. (Keach, Elmer)
October 16, 2020	Filing 337 TEXT ORDER: The Court hereby ORDERS that any motions for Attorney's Fees be filed with the Court on or before 10/30/20. The Motion shall be made returnable for December 1, 2020 (ON SUBMIT) before Judge D'Agostino - Response papers will be due by 11/16/20. Signed by U.S. District Judge Mae A. D'Agostino on 10/16/2020. (ban)
October 13, 2020	Filing 336 TEXT ORDER: After exhaustive discussion at the pre-settlement telephone conference on 10/6/2020, and a review of letter briefs [333, 335] and status report #334 , the Court has determined that, at this juncture, a settlement is unlikely to be achieved. As a result, the Court declines to schedule a settlement conference. The parties are encouraged to discuss a resolution, in good faith, and the Court is available upon a joint request to assist the parties. The Court directs the parties to Text Order 331 issued by District Judge D'Agostino on 10/1/2020. Any further arguments with respect to timeliness of the motion to submit a Bill of Costs, should be directed to the District Judge. SO ORDERED by Magistrate Judge Miroslav Lovric on 10/13/2020. (jdp )
October 12, 2020	Filing 335 LETTER BRIEF Response and Objections to Plaintiff's Status Report Regarding Settlement Conference by FCA US LLC. (Pope, Alan)
October 9, 2020	Filing 334 STATUS REPORT Regarding Possibility of Settlement Conference by Robert Tomassini. (Keach, Elmer)
October 9, 2020	Filing 333 LETTER BRIEF Position Statement Regarding Settlement Conference by FCA US LLC. (Pope, Alan)
October 6, 2020	Filing 332 TEXT ORDER: On or before 10/9/2020, the parties shall file separate status reports setting forth their position regarding the scheduling of a settlement conference to potentially resolve attorney fees and costs. SO ORDERED by Magistrate Judge Miroslav Lovric on 10/6/2020.(jdp )
October 6, 2020	Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: a pre-settlement telephone conference was held on 10/6/2020, to arrange a settlement conference regarding attorney fees and costs. The parties outlined their positions on the matter. On or before 10/9/2020, the parties shall file separate status reports setting forth their position whether to engage in settlement on these issues and a proposed schedule. Appearances: E. Keach, III, Esq., for Plaintiff; S. D'Aunoy, Esq., and N. Migliaccio, Esq., for Defendant. (jdp )
October 1, 2020	Filing 331 TEXT ORDER granting #330 Letter Request for an extension of time to submit a Bill of Costs: It is hereby ORDERED that the plaintiff's request for an extension of time to submit a Bill of Costs, pending the settlement before Magistrate on Judge Lovric on 10/6/20, is GRANTED; It is further ORDERED that the time for the filing of the Bill of Costs is extended to 10/30/20. Signed by U.S. District Judge Mae A. D'Agostino on 10/1/20. (ban)
September 30, 2020	Filing 330 Letter Motion from Elmer Keach for Robert Tomassini requesting That the Court Adjourn Date for Filing Bill of Costs Pending Settlement Conference submitted to Judge Mae A. D'Agostino . (Keach, Elmer)
September 29, 2020	Filing 329 TEXT ORDER: In light of the filing of Order #327 , the a pre-settlement telephone conference is scheduled for 10/6/2020 at 2:00 p.m. The parties are directed to dial 877-336-1839 and enter access code 5177238. SO ORDERED by Magistrate Judge Miroslav Lovric on 9/28/2020. (jdp )
September 16, 2020	Filing 328 JUDGMENT in favor of Robert Tomassini against FCA US LLC. (Attachments: #1 Appeal Notice) (ban)
September 16, 2020	Filing 327 ORDER Granting #325 Acceptance of Rule 68 Offer of Judgment/Notice of Acceptance with Offer of Judgment filed by Robert Tomassini. Signed by U.S. District Judge Mae A. D'Agostino on 9/16/20. (ban)
September 10, 2020	Filing 326 CERTIFICATE OF SERVICE by Robert Tomassini re #325 Notice of Acceptance with Offer of Judgment (Keach, Elmer)
September 10, 2020	Filing 325 NOTICE of Acceptance with Offer of Judgment by Robert Tomassini And Request for Referral for Settlement Conference Regarding Question of Attorneys' Fees (Keach, Elmer)
August 17, 2020	Filing 324 MOTION to Remand to State Court or Dismiss Motion Hearing set for 10/6/2020 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 9/21/2020 Reply to Response to Motion due by 9/25/2020. filed by FCA US LLC. (Attachments: #1 Memorandum of Law) Motions referred to Miroslav Lovric. (Pope, Alan)
July 28, 2020	Filing 323 ORDER denying #319 Motion to Deposit Funds. Signed by U.S. District Judge Mae A. D'Agostino on 7/28/20. (ban)
July 9, 2020	Filing 322 NOTICE by Robert Tomassini re #319 Notice (Other) Plaintiff's Opposition to FCA US's Application to Pay Funds Into the Office of the Court Clerk (Attachments: #1 Certificate of Service)(Keach, Elmer)
June 17, 2020	TEXT Minute Entry for Telephone Pre-Motion Conference held on 6/17/2020 before U.S. District Judge Mae A. D'Agostino: Appearances by Elmer Keach, Esq., Jason Rathod, Esq., and Nicholas Migliaccio, Esq. for the Plaintiff; Alan Pope, Esq. and Stephen D'Aunoy, Esq. for the defendant; Judge D'Agostino addresses counsel regarding the pre-motion letters. Counsel for the plaintiff and counsel for the defendant address the Court; Plaintiff's counsel seeks leave to file a motion to amend; defense counsel seeks leave to file a motion to remand; Judge D'Agostino addresses counsel regarding the motion to deposit funds; Judge D'Agostino will permit defense counsel to file their motion to remand. She will also permit the Plaintiff to cross-move to amend their complaint. The motion to remand should be filed within 60 days - the plaintiff's cross-motion should be filed with their response to defendant's motion to remand. (Court Reporter Lisa Tennyson, CRD Britney Norton [Time 10:01 a.m. - 10:11 a.m.]) (ban)
June 17, 2020	Set Deadlines: Motion to Remand to be filed by 8/17/2020. (ban)
June 16, 2020	Filing 321 Pre-Motion Letter by Robert Tomassini requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 6/19/2020 (Rathod, Jason)
June 12, 2020	Filing 320 STATUS REPORT JOINT STATUS REPORT REGARDING PRETRIAL SCHEDULING by Robert Tomassini. (Migliaccio, Nicholas)
June 12, 2020	Filing 319 NOTICE by FCA US LLC of Application for Leave to Deposit Funds (Pope, Alan) Modified on 7/28/2020 (ban).
June 11, 2020	Filing 318 Pre-Motion Response to #316 Pre-Motion Letter by FCA US LLC requesting a pre-motion conference submitted to Judge D'Agostino . (Migliaccio, Nicholas)
June 8, 2020	Filing 317 TEXT ORDER granting #315 Letter Request for a one-week extension of time to submit a proposed pretrial schedule: It is hereby ORDERED that the joint request for a one week extension of time to submit a proposed pretrial schedule is GRANTED; The deadline is extended to 6/12/20; No further extensions will be entertained. Signed by U.S. District Judge Mae A. D'Agostino on 6/8/20. (ban)
June 8, 2020	Filing 316 Pre-Motion Letter by FCA US LLC requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 6/11/2020 (Pope, Alan)
June 5, 2020	Filing 315 Letter Motion from Elmer Keach for Robert Tomassini requesting One Week Extension of Time to File Pre-Trial Order submitted to Judge Mae A. D'Agostino . (Keach, Elmer)
May 27, 2020	Filing 314 TEXT ORDER granting #313 Letter Request: Plaintiff's request for an extension of time to submit a proposed pretrial schedule is GRANTED; The joint proposed scheduled shall be filed on or before 6/5/2020. Signed by U.S. District Judge Mae A. D'Agostino on 5/27/20. (ban)
May 26, 2020	Filing 313 Consent Letter Motion from Jason S. Rathod for Robert Tomassini requesting An Extension of Time for the Parties to File a Proposed Schedule submitted to Judge Mae A. D'Agostino . (Rathod, Jason)
May 5, 2020	Filing 312 STIPULATION AND ORDER finding as moot #218 Motion; finding as moot #286 Motion to Certify Class. It is further ORDERED that a proposed schedule shall be submitted to the Court on or before 5/26/20. Signed by U.S. District Judge Mae A. D'Agostino on 5/5/20. (ban)
May 5, 2020	Set Deadlines: A Proposed Pretrial Schedule shall be filed by 5/26/2020. (ban)
May 4, 2020	Filing 311 STIPULATION re #286 MOTION to Certify Class , #218 MOTION to Exclude the Reports and Testimony of Plaintiff's Experts , 310 Order,, by FCA US LLC submitted to Judge Mae A. DAgostino. (Pope, Alan)
April 23, 2020	Filing 310 TEXT ORDER: In light of the Court's recent ruling on Defendant's motions for sanctions and summary judgment, both parties are hereby directed to file a letter detailing their position on the mootness of Plaintiff's pending motion for class certification (Dkt. No. 286) and Defendant's motion to preclude Plaintiff's experts (Dkt. No. 218). Submissions are not to exceed three pages in length and should be submitted by May 4, 2020. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 4/23/20. (ban)
April 22, 2020	Filing 309 MEMORANDUM-DECISION AND ORDER granting #280 Motion for Summary Judgment; granting #281 Motion for Sanctions: The Court hereby ORDERS that Defendant's motion for sanctions (Dkt. No. 281) is GRANTED; and the Court further ORDERS that Defendant's motion for summary judgment (Dkt. No. 280) is GRANTED;and the Court further ORDERS that Plaintiff Thomas Hromowyk is TERMINATED from this action; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 4/22/20. (ban)
February 18, 2020	Filing 308 TEXT ORDER granting #307 Letter Request for leave to withdraw Ethan D. Hatch, Esq. as counsel for FCA US LLC. Signed by U.S. District Judge Mae A. D'Agostino on 2/18/2020. (ban)
February 12, 2020	Filing 307 Letter Motion from Alan J. Pope for FCA US LLC requesting Leave to Withdraw Ethan D. Hatch as Counsel for FCA US LLC submitted to Judge Mae A. D'Agostino . (Pope, Alan)
December 12, 2019	Filing 306 REPLY to Response to Motion re #286 MOTION to Certify Class filed by Thomas Hromowyk. (Attachments: #1 Exhibit(s) 1)(Migliaccio, Nicholas)
November 27, 2019	Filing 305 TEXT ORDER granting in part #303 Letter Request for leave to file a reply brief as to #286 Motion for Class Certification; IT is hereby ORDERED that the plaintiff's request for leave to file a reply brief is GRANTED; A brief, not to exceed 15 pages, shall be filed on or before 12/12/19. Signed by U.S. District Judge Mae A. D'Agostino on 11/27/19. (ban)
November 27, 2019	Filing 304 TEXT ORDER granting #301 Letter Request: It is hereby ORDERED that Defendant FCA US LLC's request for leave to file a Daubert Motion is GRANTED; The Court will address the #218 Motion to Exclude Testimony, previously filed with the Court; The Court will also consider the #220 Response in Opposition, and the #222 Reply. The motion is considered fully briefed, and will be considered along with the pending #286 Motion for Class Certification. No further briefing is necessary. Signed by U.S. District Judge Mae A. D'Agostino on 11/27/2019. (ban)
November 18, 2019	Filing 303 Letter Motion from Elmer Keach for Thomas Hromowyk, Robert Tomassini requesting Leave to File a Twenty Page Reply Brief in Support of Renewed Motion for Class Certification, and that the Defendant's Application for Leave to File a Daubert Motion be Stayed submitted to Judge Mae A. D'Agostino . (Keach, Elmer)
November 15, 2019	Filing 302 RESPONSE in Opposition re #288 MOTION to Certify Class Declaration in Support filed by FCA US LLC. (Attachments: #1 Exhibit(s) A - Dec of E. Bibb, #2 Exhibit(s) B - Supp Dec of E. Bibb, #3 Exhibit(s) C - EBT Excerpts R. Lynch, #4 Exhibit(s) D - EBT Excerpts E. Sullivan P.E., #5 Exhibit(s) E - Exoert Report, #6 Exhibit(s) F - EBT Excerpts D. Duquette Ph.D., #7 Exhibit(s) G - Report, #8 Exhibit(s) H - Transcript T. Hromowyk, #9 Exhibit(s) I - Dec J. Brown, #10 Exhibit(s) J - EBT Excerpts S. Gaskin, #11 Exhibit(s) K - Report)(Pope, Alan)
November 12, 2019	Filing 301 LETTER BRIEF requesting permission to file Daubert motion by FCA US LLC. (Pope, Alan)
November 5, 2019	Filing 300 RestrictedUn-Redacted Declaration of Nicholas A. Migliaccio in Support of Plaintiff's Motion for Class Certification re #288 MOTION to Certify Class Declaration in Support filed by Thomas Hromowyk. (ban) (ban, ).
November 5, 2019	Filing 299 RestrictedUn-Redacted MEMORANDUM OF LAW in Support of Thomas Hromowyk's Motion for Class Certification re #287 Motion to Certify Class filed by Thomas Hromowyk. (ban).
November 1, 2019	Filing 298 Restricted UN-REDACTED VERSION of #297 FCA US LLC'S RESPONSE TO PLAINTIFF'S COUNTER-STATEMENT OF MATERIAL FACTS re #280 MOTION for Summary Judgment on Plaintiff Thomas Hromowyk's Individual Claim filed by FCA US LLC. (ban) (ban, ).
October 29, 2019	CLERK'S CORRECTION OF DOCKET ENTRY the #294 Response in Opposition to Motion was replaced to correct the caption on the document. (pjh)
October 28, 2019	Filing 297 REPLY to Response to Motion re #280 MOTION for Summary Judgment on Plaintiff Thomas Hromowyk's Individual Claim filed by FCA US LLC. (Attachments: #1 Statement of Material Facts - FCA US LLC's Response to Plaintiff's Counter-Statement of Material Facts)(Pope, Alan)
October 28, 2019	Filing 296 RESPONSE in Support re #281 MOTION for Sanctions filed by FCA US LLC. (Pope, Alan)
October 28, 2019	Filing 295 ***SEALED DOCUMENT (Plaintiff's UN-REDACTED Opposition to Defendant's Motion for Summary Judgment by Thomas Hromowyk. (ban) (Additional attachment(s) added on 10/28/2019: #1 Un-Redacted Memorandum of Law, #2 Plaintiff Hromowyk's Opposition UN-REDACTED, #3 Exhibit(s) 1-2, #4 Exhibit(s) 3-6, #5 Exhibit(s) 7-16, #6 Exhibit(s) 17, #7 Exhibit(s) 18-21, #8 Exhibit(s) 22-25) (ban, ).
October 28, 2019	DOCKET ANNOTATION: Attorney Elmer Keach, III is directed to amend document #294 to correct the caption.(pjh)
October 24, 2019	DOCKET ANNOTATION: Clerk confirmed with Attorney Graifman's office that the #293 Response in Opposition is a duplicate of the #292 Response in Opposition and was filed to include the exhibits. (pjh)
October 22, 2019	Filing 294 RESPONSE in Opposition re #281 MOTION for Sanctions filed by Thomas Hromowyk, Robert Tomassini. (Attachments: #1 Exhibit(s) A -- Hromowyk Deposition, #2 Exhibit(s) B -- Letter from graifman to counsel, #3 Exhibit(s) C -- Photo of Valve Stem, #4 Exhibit(s) D - Brown Deposition, #5 Exhibit(s) E -- Brown Declaration, #6 Exhibit(s) F -- Email, #7 Exhibit(s) G -- Status Report Filed with Court, #8 Exhibit(s) H -- Chrysler Email Chain, #9 Exhibit(s) I -- Sullivan Affidavit, #10 Exhibit(s) J -- Azar Email)(Keach, Elmer) (Main Document 294 replaced on 10/29/2019) to correct the caption (pjh)
October 22, 2019	Filing 293 RESPONSE in Opposition re #280 MOTION for Summary Judgment filed by Thomas Hromowyk, Robert Tomassini. (Attachments: #1 Statement of Material Facts, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10, #12 Exhibit(s) 11, #13 Exhibit(s) 12, #14 Exhibit(s) 13, #15 Exhibit(s) 14, #16 Exhibit(s) 15, #17 Exhibit(s) 16, #18 Exhibit(s) 17, #19 Exhibit(s) 18, #20 Exhibit(s) 19, #21 Exhibit(s) 20, #22 Exhibit(s) 21, #23 Exhibit(s) 22, #24 Exhibit(s) 23, #25 Exhibit(s) 24, #26 Exhibit(s) 25)(Graifman, Gary)
October 22, 2019	Filing 292 RESPONSE in Opposition re #280 MOTION for Summary Judgment filed by Thomas Hromowyk, Robert Tomassini. (Graifman, Gary)
October 22, 2019	Filing 291 TEXT ORDER granting #289 Letter Request and #289 Letter Response: It is hereby ORDERED that the Plaintiff's request for an extension of time to file a response to #281 MOTION for Sanctions and #280 MOTION for Summary Judgment is GRANTED; Plaintiff's Response shall be filed on or before 10/22/2019; Defendant's Reply to Response to Motion shall be filed on or before 10/28/2019. NO FURTHER EXTENSIONS OF THESE DEADLINES WILL BE ENTERTAINED. Signed by U.S. District Judge Mae A. D'Agostino on 10/22/2019. (ban)
October 22, 2019	Filing 290 RESPONSE TO LETTER BRIEF filed by FCA US LLC as to #289 Letter Request/Motion, filed by Thomas Hromowyk, Robert Tomassini . (Pope, Alan)
October 21, 2019	Filing 289 Letter Motion from Elmer Keach for Thomas Hromowyk, Robert Tomassini requesting One Day Extension of Time to Respond to Motion for Summary Judgment and Motion for Sanctions submitted to Judge Mae A. D'Agostino . (Keach, Elmer)
October 16, 2019	Minute Entry or proceedings held before Magistrate Judge Miroslav Lovric: Telephone Conference held on 10/16/2019. APP: N. Migliaccio, Esq. and J. Brody, Esq. for the Plaintiff and S. D'Aunoy, Esq. for the Defendant. Reminded parties that all remaining deadlines are firm and no extension will be granted; the Court summarized motions pending before Judge D'Agostino and will be decided in due course; no further telephone conference is scheduled. (jdp )
October 3, 2019	TEXT NOTICE re #286 MOTION to Certify Class : Pursuant to Judge D'Agostino's October 1, 2019 telephone conference call with counsel, the motion for class certification deadlines are set as follows; The Motion Hearing is set for 11/19/2019 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino; No personal appearances are necessary. The motion will be decided on the submission of the papers only. Response to Motion due by 11/15/2019. NO EXTENSIONS OF THESE DEADLINES WILL BE ENTERTAINED. (ban)
October 2, 2019	Filing 288 MOTION to Certify Class Declaration in Support filed by Thomas Hromowyk. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19, #20 Exhibit(s) 20, #21 Exhibit(s) 21, #22 Exhibit(s) 22, #23 Exhibit(s) 23, #24 Exhibit(s) 24, #25 Exhibit(s) 25, #26 Exhibit(s) 26, #27 Exhibit(s) 27, #28 Exhibit(s) 28, #29 Exhibit(s) 29, #30 Exhibit(s) 30, #31 Exhibit(s) 31, #32 Exhibit(s) 32, #33 Exhibit(s) 33, #34 Exhibit(s) 34, #35 Exhibit(s) 35, #36 Exhibit(s) 36, #37 Exhibit(s) 37, #38 Exhibit(s) 38, #39 Exhibit(s) 39, #40 Exhibit(s) 40, #41 Exhibit(s) 41, #42 Exhibit(s) 42, #43 Exhibit(s) 43, #44 Exhibit(s) 44, #45 Exhibit(s) 45, #46 Exhibit(s) 46, #47 Exhibit(s) 47, #48 Exhibit(s) 48, #49 Exhibit(s) 49, #50 Exhibit(s) 50, #51 Exhibit(s) 51, #52 Exhibit(s) 52, #53 Exhibit(s) 53, #54 Exhibit(s) 54, #55 Exhibit(s) 55, #56 Exhibit(s) 56, #57 Exhibit(s) 57, #58 Exhibit(s) 58, #59 Exhibit(s) 59, #60 Exhibit(s) 60, #61 Exhibit(s) 61) (Migliaccio, Nicholas)
October 2, 2019	Filing 287 MOTION to Certify Class Memorandum in Support filed by Thomas Hromowyk. (Migliaccio, Nicholas)
October 2, 2019	Filing 286 MOTION to Certify Class filed by Thomas Hromowyk. (Migliaccio, Nicholas)
October 1, 2019	Filing 285 ORAL ORDER issued by Judge D'Agostino during the telephone conference with counsel on October 1, 2019 re #277 APPEAL OF MAGISTRATE JUDGE DECISION to District Court filed by Thomas Hromowyk, Robert Tomassini, and #278 Letter Motion from Alan J. Pope for FCA US LLC requesting to establish schedule submitted to Judge D'Agostino filed by FCA US LLC: As to docket number 277, which is Plaintiffs' appeal of Magistrate Judge Lovric's text order dated August 29, 2019, which denied Plaintiffs' request for a brief extension of the discovery period of the limited purpose of taking the deposition of employees and/or the owner of Brownie's Auto Care Center. I will grant Plaintiffs' limited request. Plaintiffs shall have until on or before Tuesday, October 8, 2019 to take the deposition requested. The deposition shall be four hours or less. The response and reply deadlines for the pending motions for summary judgment and for sanctions are unchanged. As to docket number 278, which relates to the order in which the pending motions will be decided. Defendant requests that the pending motions for summary judgment and for sanctions be decided before the Court issues a decision on the renewed motion for class certification, which is to be filed tomorrow, October 2, 2019. Defendant further asks the Court to postpone briefing on the renewed motion for class certification until after the Court decides the motions for summary judgment and sanctions. In the alternative, Defendant seeks an extended briefing schedule for the motion for class certification. Initially, the Court agrees that generally dispositive motions should be decided before ruling on whether to certify a class. As such, the Court will issue its decision on the motions for summary judgment and for sanctions prior to ruling on the renewed class certification motion. However, in light of the age of this case, the Court will not delay briefing until after a ruling on the motions for summary judgment and sanctions. The Court will, however, grant the request for an extended briefing schedule. Defendant shall have 45 days to file its response to the motion for class certification. Signed by U.S. District Judge Mae A. D'Agostino on 10/1/2019. (ban)
October 1, 2019	TEXT Minute Entry for Telephone Conference held on 10/1/2019 before U.S. District Judge Mae A. D'Agostino: Appearances by Gary Graifman, Esq., Jason Rathod, Esq., and Nicholas Migliaccio, Esq. for the Plaintiffs; Alan Pope, Esq. and Stephen D'Aunoy, Esq. for the defendant; Judge D'Agostino addresses counsel regarding the age of this case and about to the status of pending motions and deadlines; Judge D'Agostino issues an Oral Order as to #277 Appeal of Magistrate Judge Decision and #278 Letter Motion. As to docket number 277, Judge D'Agostino Grants Plaintiffs' limitied request - the plaintiffs shall have until October 8, 2019 to take the deposition requested as to Brownie's Auto Care Center. The deposition shall be four hours or less; The response and reply deadline for the pending motions for summary judgment and for sanctions remain as set - The return date is set for November 5, 2019 (ON SUBMIT); Response due 10/21/19; Reply due 10/25/19; As to docket number 278 - The Court agrees with counsel that the dispositive motions should be decided before ruling on whether to certify a class. The Court grants the defendant's request and will issue its decision on the motions for summary judgment and for sanctions, prior to ruling on the renewed class certification motion. However, in light of the age of this case, the court will not delay briefing until after a ruling on the motions for summary judgment and sanctions. The Court will, however, grant the request for an extended briefing schedule. Defendant shall have 45 days to file it's response to the motion for class certification - response due 11/15/19. Judge D'Agostino grants the defendant's request for leave to file a brief, not to exceed 45 pages, in response to the plaintiffs motion for class certification. NO FURTHER EXTENSIONS OF THESE DEADLINES WILL BE ENTERTAINED. Counsel are further directed that no further motions or letter requests shall be filed, without first contacting Judge D'Agostino's Courtroom Deputy to schedule a conference call. (Court Reporter Theresa Casal, CRD Britney Norton [Time 1:30 p.m. - 1:42 p.m.]) (ban)
September 30, 2019	Filing 284 RESPONSE in Opposition re #277 APPEAL OF MAGISTRATE JUDGE DECISION to District Court filed by FCA US LLC. (Attachments: #1 Exhibit(s) Hromowyk Deposition Pages, #2 Exhibit(s) Hromowyk Discovery Responses, #3 Exhibit(s) Declaration of Stephen D'Aunoy, #4 Exhibit(s) Declaration of Thomas L. Azar, #5 Exhibit(s) Brownies Auto Invoice 2/17/17, #6 Exhibit(s) Brownies Auto Invoice 5/24/2018, #7 Exhibit(s) Brownies Auto Invoice 4/11/19, #8 Exhibit(s) Declaration of Jarrod Brown)(Pope, Alan)
September 30, 2019	CLERK'S CORRECTION OF DOCKET ENTRY Attachment 2 of #280 Motion for Summary Judgment contained personal identifiers. The Clerk replaced the document with a redacted copy. (pjh)
September 27, 2019	Filing 283 RESPONSE TO LETTER BRIEF filed by FCA US LLC as to 282 Order on Letter Request, in response to docket #279. (Pope, Alan)
September 27, 2019	Filing 282 TEXT ORDER granting #279 Letter Request for an Extension of Time to File Renewed Motion for Class Certification Until October 2, 2019, and For Leave to File an Overlength Brief submitted to Judge Mae A. D'Agostino. No further extension of this deadline will be entertained. Plaintiff's brief shall not exceed 45 pages. Signed by U.S. District Judge Mae A. D'Agostino on 9/27/2019. (ban)
September 27, 2019	Filing 281 MOTION for Sanctions Motion Hearing set for 11/5/2019 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 10/21/2019 Reply to Response to Motion due by 10/25/2019. filed by FCA US LLC. (Attachments: #1 Memorandum of Law, #2 Exhibit(s) Exhibit A - Hmromowyk's Response to Interrogatories, Nos. 6-7, #3 Exhibit(s) Exhibit B - Hromowyk Deposition Pages, #4 Exhibit(s) Exhibit C - Declaration of Jarrod Brown, #5 Exhibit(s) Exhibit D - Declaration of Stephen D'Aunoy, #6 Exhibit(s) Exhibit E - Hromowyk Response to RFP 56, #7 Exhibit(s) Exhibit F - Brownie's Auto 4-11-19 Invoice) Motions referred to Miroslav Lovric. (Pope, Alan)
September 27, 2019	Filing 280 MOTION for Summary Judgment Motion Hearing set for 11/5/2019 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 10/21/2019 Reply to Response to Motion due by 10/25/2019. filed by FCA US LLC. (Attachments: #1 Statement of Material Facts, #2 Exhibit(s) Exhibit A - Hromowyk Deposition Pages, #3 Exhibit(s) Exhibit B - Brownie's Auto 2-12-13 Invoice, #4 Exhibit(s) Exhibit C - Brownie's Auto 7-27-15 Invoice, #5 Exhibit(s) Exhibit D - Declaration of Jarrod Brown, #6 Memorandum of Law) (Pope, Alan) (Attachment 2 replaced on 9/30/2019) (pjh, ).
September 27, 2019	Filing 279 Unopposed Letter Motion from Elmer Keach for Thomas Hromowyk, Robert Tomassini requesting Extension of Time to File Renewed Motion for Class Certification Until October 2, 2019, and For Leave to File an Overlength Brief submitted to Judge Mae A. D'Agostino . (Keach, Elmer)
September 25, 2019	Filing 278 Letter Motion from Alan J. Pope for FCA US LLC requesting to establish schedule submitted to Judge D'Agostino . (Pope, Alan)
September 12, 2019	Filing 277 APPEAL OF MAGISTRATE JUDGE DECISION/MOTION to Set Aside Magistrate's Order Pursuant to Local Rule 72.1(b); Motion Hearing set for 10/15/2019 09:30 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 9/30/2019 Reply to Response to Motion due by 10/4/2019. filed by Thomas Hromowyk, Robert Tomassini. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Exhibit(s) In Support of Objection and Appeal of Magistrate's Order) (Graifman, Gary) Modified on 9/13/2019 (ban).
August 29, 2019	Filing 276 TEXT ORDER denying the #273 Letter Request. The request to extend the deadline for completion of class certification discovery is DENIED. Authorized by Magistrate Judge Miroslav Lovric on 8/29/2019. (amt)
August 29, 2019	Filing 275 TEXT ORDER: This Court having considered the parties proposals #272 regarding scheduling of motions and completion of all discovery, the Court ORDERS as follows: 1) Any renewed class certification motion shall be filed on or before September 27, 2019; the District Court will set the schedule as to the responses and replies to that motion; and the parties may express to the District Court their requests as to response and reply deadlines. 2) Defendants motion for summary judgment on Plaintiff Thomas Hromowyks individual claims shall also be filed on or before September 27, 2019; the District Court will set the schedule as to the responses and replies to that motion; and the parties may express to the District Court their requests as to response and reply deadlines. The parties have proposed #272 very different views as to which motion should be addressed first, the scheduling of motion responses and replies, and their overall legal reasoning as to which motion should be decided first. This Court will not dictate which motion the District Court will address first and what motion schedule to employ. Those decisions are exclusively the District Courts decisions to make. Since the parties have proposed and are ready to file their respective motions #272 by September 27, 2019, neither party is prejudiced by this filing schedule. Therefore, the parties will file both motions as set forth above on or before September 27, 2019. The District Court will decide in which order to address these two motions and what schedule to employ. The Court further orders as follows: 3) No later than 30 days after the District Court issues its decision & order on the last of these two motions as identified above, the parties shall have served and exchanged all supplemental expert reports on any merits issues. 4) No later than 90 days after the District Court issues its decision & order on the last of these two motions as identified above, the parties shall have completed all merits discovery. 5) No later than 30 days after the close/deadline date for completion of all merits discovery, the parties shall have filed any dispositive motions. 6) The next telephone conference is scheduled for October 16, 2019 at 1:00 PM and plaintiffs are directed to connect all parties to the conference and call chambers at 607-779-2628. Authorized by Magistrate Judge Miroslav Lovric on 8/29/2019. (amt)
August 29, 2019	Filing 274 LETTER BRIEF to Gary S. Graifman opposing request for 20-day extension of class certification discovery deadline by FCA US LLC. (Attachments: #1 Declaration Jarrod Brown)(Pope, Alan)
August 28, 2019	Filing 273 Letter Motion from Gary S. Graifman, Esq. for Robert Tomassini requesting 20 day extension submitted to Judge Miroslav Lovric . (Graifman, Gary)
August 23, 2019	Filing 272 STATUS REPORT on the Parties' Proposed Case Management Plan by Thomas Hromowyk, Robert Tomassini. (Migliaccio, Nicholas)
August 21, 2019	Filing 271 NOTICE of Appearance by Ethan D. Hatch on behalf of FCA US LLC (Hatch, Ethan)
August 19, 2019	Filing 270 TEXT ORDER: Pursuant to the telephone conference held with the parties on 8/13/2019 and the joint status report #269 as filed by the parties, the deadline for completion of all the class discovery is 8/30/2019. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/19/2019. (jdp )
August 16, 2019	Filing 269 STATUS REPORT Jointly Filed, On Class Discovery by Thomas Hromowyk, Robert Tomassini. (Keach, Elmer)
August 16, 2019	Filing 268 ORDER granting #267 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Miroslav Lovric on 8/16/2019. (jdp )
August 16, 2019	Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: Telephone Conference held on 8/16/2019; APP: E. Keach, Esq. for Plaintiff, A. Pope, Esq., S. D'Aunoy, Esq. and T. Azar, Esq. for the Defendant's; the Court held a telephone conference with the parties with the goal to get this matter on track regarding firm schedules and firm deadlines as to remaining pre-trial issues. The Court specifically discussed this goal with the parties. The parties advised the Court that a substantial and significant amount of the overall discovery in this matter has been completed and has been accomplished over the course of time that this matter has been pending before the Court. The parties are actively finishing up discovery and depositions as related to any possible further class certification motions and expect to be fully completed with this process in the next several weeks. The parties will submit to the Court, no later than 8/17/2019, a Joint proposal for a firm and final deadline to complete such discovery and such proposal will include a firm deadline of sometime within the first several weeks into September of 2019. Thereafter, the Court will issue an order indicating that as a final and firm deadline for completion of any and all remaining class certification discovery and depositions. The parties will also, either jointly or separately, submit to the Court by 8/24/2019 proposals for final and firm overall schedules and deadlines for all discovery, all expert reports, and all depositions to be completed, and the filing of any dispositive motions in this matter. Once the Court receives such proposals, the Court will set final and firm schedules and deadlines in this matter. Lastly, the parties will jointly select a date and time, approximately 60 days from the date of this minute entry, for the next telephone status conference with the Court and will contact the Courts Courtroom Deputy who will schedule such on the calendar. (jdp )
August 14, 2019	Filing 267 MOTION for Limited Admission Pro Hac Vice of Ethan D. Hatch Filing fee $100, receipt number ANYNDC-4838244. filed by FCA US LLC. (Attachments: #1 Declaration Declaration of Sponsor, #2 Exhibit(s) Attorney Registration and Oath, #3 Exhibit(s) Petition for Admission to Practice, #4 Exhibit(s) Certificate of Good Standing, #5 Proposed Order/Judgment Proposed Order) Motions referred to Miroslav Lovric. (Pope, Alan)
August 8, 2019	Filing 266 TEXT ORDER: Letter motion #265 is GRANTED. A two week extension of the August 16, 2019 class certification discovery deadline is granted and it is hereby extended to August 30, 2019. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/8/2019. (jdp )
August 7, 2019	Filing 265 Letter Motion from Alan J. Pope for FCA US LLC requesting two week extension of the August 16, 2019 class certification discovery deadline submitted to Judge Miroslav Lovric . (Pope, Alan)
July 31, 2019	Set Hearings: Telephone Conference is set for 8/13/2019 at 2:00 PM before Magistrate Judge Miroslav Lovric. Plaintiff is directed to initiate the call to chambers which can be reached at 607-779-2628. This Telephone Conference is a follow up to the Telephone Conference held on 6/17/2019 before Magistrate Judge David E. Peebles. The parties are hereby reminded that class certification discovery must be completed by 8/16/2019 and that is a firm deadline. At this Telephone Conference, the parties should be prepared to discuss and propose realistic new deadlines for completion of mandatory mediation, all discovery, and filing of dispositive motions in this action. The Court will issue and set deadlines as to all these categories at this Telephone Conference. Parties are also advised to be ready to update the Court as to overall status of this entire matter and issues. (jdp, )
July 18, 2019	Filing 264 NOTICE of Appearance by Thomas L. Azar, Jr on behalf of FCA US LLC (Azar, Thomas)
July 18, 2019	Filing 263 TEXT ORDER granting #262 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 7/18/2019. (jdp, )
July 17, 2019	Filing 262 MOTION for Limited Admission Pro Hac Vice of Thomas L. Azar, Jr. Filing fee $100, receipt number ANYNDC-4802356. filed by FCA US LLC. (Attachments: #1 Declaration Sponsor Declaration, #2 Oath on Admission, #3 Petition for Admission, #4 Certificate of Good Standing, #5 Proposed Admission Order) Motions referred to Miroslav Lovric. (Pope, Alan)
July 1, 2019	Filing 261 ORDER REASSIGNING CASE. Case reassigned to Honorable Miroslav Lovric for all further proceedings. Magistrate Judge David E. Peebles no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on 7/1/2019. (amt)
June 18, 2019	Filing 260 TEXT ORDER denying #258 Pre-Motion Letter: It is hereby ORDERED that plaintiff's letter request for leave to file a renewed motion for class certification is DENIED. Counsel should comply with the scheduling order set by Magistrate Judge Peebles on 6/17/19. Signed by U.S. District Judge Mae A. D'Agostino on 6/18/19. (ban)
June 17, 2019	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 6/17/2019. Plaintiff's request for leave to file a renewed motion for class certification is pending before MAD. Defendant believes the motion is premature, while plaintiff argues that there is no reason to not move the case forward. Judge Peebles advised the parties that he would not usurp Judge D'Agostino's role, but suspected that she was waiting to address the request for leave until she knew the outcome of this conference. Discovery is not yet complete with written discovery demands having been served on 2/14/2019 and plaintiff responding to those demands in April. Defendant has served three third-party subpoenas and anticipates serving four more. Once responses are received, expert liability report may need supplementation. Plaintiff's deposition has not been noticed, but is expected to be held in July. Defendant requests an additional 90 days for discovery. Judge Peebles told the parties that class certification discovery must be completed by 8/16/2019 and that is a firm date. No new conference is set before Magistrate Judge Peebles, and advised that, in all likelihood, the matter would be reassigned to Judge Lovric. Settlement remains unlikely at this time. APP: Attys. Gary Mason, Daniel Calvert, Jason Rathod, and Gary Graifman for the plaintiff and Alan Pope and Stephen D'Aunoy for the defendant. (sal )
June 11, 2019	Filing 259 RESPONSE to Motion re #258 Pre-Motion Letter by Thomas Hromowyk, Robert Tomassini requesting a pre-motion conference submitted to Judge D'Agostino filed by FCA US LLC. (Pope, Alan)
June 7, 2019	Filing 258 Pre-Motion Letter by Thomas Hromowyk, Robert Tomassini requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 6/10/2019 (Migliaccio, Nicholas)
June 6, 2019	Reset Hearings: Due to a conflict with counsel's schedule, the Telephone Conference set for 6/11/2019 at 2:30 PM is RESCHEDULED for 6/17/2019 at 3:30 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )
June 3, 2019	Set Hearings: A Telephone Conference is set for 6/11/2019 at 2:30 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. The parties are directed to confer, well in advance of this conference date, regarding a new schedule for the progression of this action. (sal )
May 31, 2019	Filing 257 ANSWER to #243 Amended Complaint by FCA US LLC.(Pope, Alan)
May 17, 2019	Filing 256 MEMORANDUM-DECISION AND ORDER denying #250 Motion to Dismiss: The Court hereby ORDERS that Defendant's motion to dismiss is DENIED; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 5/17/2019. (ban)
April 5, 2019	Filing 255 RESPONSE to Motion re #250 MOTION to Dismiss Amended Class Action Complaint in Part filed by Thomas Hromowyk, Robert Tomassini. (Migliaccio, Nicholas)
March 18, 2019	Filing 254 REPLY to Response to Motion re #253 MOTION to Dismiss Amended Class Action Complaint in Part filed by FCA US LLC. (Pope, Alan)
March 11, 2019	Filing 253 NOTICE by Thomas Hromowyk, Robert Tomassini re #251 Response in Opposition to Motion of Supplemental Authority (Attachments: #1 Exhibit(s) 1)(Migliaccio, Nicholas)
March 8, 2019	Filing 252 REPLY to Response to Motion re #250 MOTION to Dismiss Amended Class Action Complaint in Part filed by FCA US LLC. (Attachments: #1 Affidavit Certificate of Electronic Service)(Pope, Alan)
March 4, 2019	Filing 251 RESPONSE in Opposition re #250 MOTION to Dismiss Amended Class Action Complaint in Part filed by Thomas Hromowyk, Robert Tomassini. (Migliaccio, Nicholas)
February 13, 2019	Filing 250 MOTION to Dismiss Amended Class Action Complaint in Part Motion Hearing set for 3/19/2019 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 3/4/2019 Reply to Response to Motion due by 3/8/2019. filed by FCA US LLC. (Attachments: #1 Memorandum of Law) (Pope, Alan)
February 11, 2019	Filing 249 TEXT ORDER granting #247 & #248 Motions to Withdraw as Attorney as counsel of record for plaintiffs by Attorney Jennifer S. Goldstein. Attorney Jennifer S. Goldstein terminated. Authorized by Magistrate Judge David E. Peebles on 2/11/2019. (sal)
February 7, 2019	Filing 248 Amended MOTION to Withdraw as Attorney Jennifer S. Goldstein filed by Thomas Hromowyk, Robert Tomassini. Motions referred to David E. Peebles. (Mason, Gary)
February 7, 2019	Filing 247 MOTION to Withdraw as Attorney Jennifer S. Goldstein filed by Robert Tomassini. Motions referred to David E. Peebles. (Mason, Gary)
January 30, 2019	Filing 246 TEXT ORDER re #244 Pre-Motion Letter requesting a pre-motion conference and #245 Pre-Motion Response: The Court is in receipt of FCA's pre-motion letter filed on 1/23/19 and the plaintiff's pre-motion response letter filed on 1/28/19. After reviewing both submissions, the Court does not find a need for a pre-motion conference. The Court hereby ORDERS that FCA US LLC will be permitted to file a motion to dismiss. FCA's motion to dismiss shall be filed on or before 2/13/19; The motion to dismiss shall be made returnable for March 19, 2019 (ON SUBMIT) before Judge D'Agostino. Response papers will be due 3/4/19. Reply papers will be due 3/8/19; it is further ORDERED that FCA's request for leave to file a motion to strike is DENIED as Premature; and it is further ORDERED that the time for FCA US LLC to file an answer to the #243 Amended Complaint is ADJOURNED until 14 days following decision on FCA's motion to dismiss. Signed by U.S. District Judge Mae A. D'Agostino on 1/30/19. (ban)
January 28, 2019	Filing 245 Pre-Motion Response to #244 Pre-Motion Letter requesting a pre-motion conference submitted to Judge D . (Migliaccio, Nicholas)
January 23, 2019	Filing 244 Pre-Motion Letter from Alan J. Pope for FCA US LLC requesting Extension of the Court deadline to answer the FAC submitted to Judge Mae A. D'Agostino . (Pope, Alan) Modified on 1/23/2019 (ban).
January 10, 2019	***Answer due date to #243 Amended Complaint updated for FCA US LLC answer due 1/23/2019. (sal )
January 9, 2019	Filing 243 AMENDED COMPLAINT Filed with Leave of Court against FCA US LLC filed by Robert Tomassini, Thomas Hromowyk. (Attachments: #1 Exhibit(s) A -- NHTSA Complaints)(Keach, Elmer)
January 8, 2019	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 1/8/2019. An amended complaint will be filed by tomorrow. Defendant anticipates filing a motion to dismiss the amended complaint. Plaintiff intends to re-move for class-certification. Magistrate Judge Peebles directs both parties to file applications to District Judge D'Agostino seeking permission to file such motions simultaneously or sequentially. The deposition of the consolidated plaintiff Thomas Hromowyk needs to be completed, as well as the inspection of the vehicle and exchange of further discovery materials. Magistrate Judge Peebles stays the deadline for discovery, however, he does not issue a stay discovery. No schedule is put in place at this time and no further telephone conference. set before Magistrate Judge Peebles. Case will be monitored for decision on anticipated requests for permission to file motions and, if permission is granted, a decision on the intended motions. APP: Elmer Keach, III, Esq., Nicholas Migliaccio, Esq., Gary Graifman, Esq., Alan Pope, Esq., and Stephen D'Aunoy, Esq.. (sal)
December 28, 2018	Filing 242 TEXT ORDER: A Telephone Conference is set for 1/8/2019 at 4:00 PM before Magistrate Judge David E. Peebles. Defendant's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620 or he/she may provide a call-in number and passcode to the court and all counsel. Authorized by Magistrate Judge David E. Peebles on 12/28/2018. (sal )
December 12, 2018	Filing 241 MANDATE of USCA re #239 Status Report - Denying the Petition to Appeal filed with the Second Circuit. (jdp, )
December 12, 2018	Filing 240 MEMORANDUM-DECISION AND ORDER granting #230 Motion to Intervene: The Court hereby ORDERS that the motion of Proposed Intervenor Thomas Hromowyk to intervene in this action is GRANTED; and the Court further ORDERS that Plaintiffs may amend the Complaint only insofar as they assert the surviving claims from Spratley v. FCA US, LLC, No. 3:17-cv-00062, and the factual allegations pertinent to Thomas Hromowyk for the claims asserted in this action; and the Court further ORDERS that pending a future order dismissing one of these actions, Civil No. 3:14-cv-1226 shall be designated as the Lead Case, and Civil No. 3:17-cv- 00062 shall be designated as the Member Case; and the Court further ORDERS that all further docketing shall take place in the Lead Case 3:14-cv-1226; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 12/12/18. (ban) Modified on 12/12/2018 (ban).
November 20, 2018	Filing 239 STATUS REPORT - Advising the Court that a Petition to Appeal the Class Certification Decision pursuant to Federal Rule of Civil Procedure 23(f) was filed in the Second Circuit. by Robert Tomassini. (Keach, Elmer) Modified on 12/11/2018 to clarify what was noted in the Status Report. (jmb)
November 15, 2018	Filing 238 TEXT ORDER: The parties are directed to file a joint Status Report on or before 11/20/2018 as to the status of this action. Authorized by Magistrate Judge David E. Peebles on 11/15/2018. (sal )
November 8, 2018	Filing 237 MEMORANDUM-DECISION AND ORDER denying #230 Motion for Reconsideration. Signed by U.S. District Judge Mae A. D'Agostino on 11/8/2018. (ban)
October 23, 2018	Filing 236 TRANSCRIPT of Proceedings: Oral Argument held on May 16, 2018 before Judge Mae A. D'Agostino, Court Reporter: Theresa J. Casal, Telephone number: 518.257.1897. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2018. Redacted Transcript Deadline set for 11/23/2018. Release of Transcript Restriction set for 1/22/2019. Notice of Intent to Redact due by 10/29/2018 (tjc, )
October 1, 2018	Filing 235 REPLY to Response to Motion re #230 MOTION for Reconsideration re #228 Order on Motion to Certify Class,,, Order on Motion for Miscellaneous Relief,, OR, ALTERNATIVELY, PROPOSED INTERVENOR THOMAS HROMOWYKS MOTION TO INTERVENE AS AN ADDITIONAL CLASS REPRESENTATIVE AND AMEND THE COMPLAINT filed by Robert Tomassini. (Migliaccio, Nicholas)
September 24, 2018	Filing 234 TEXT ORDER granting #233 Letter Request: It is hereby ORDERED that the plaintiff's request for leave to file a reply brief re #230 Motion for Reconsideration, on or before 10/1/18 is GRANTED. NO further extensions of this deadline will be entertained. The Motion return date will remain set for 10/2/18 (ON SUBMIT) before Judge D'Agostino. Signed by U.S. District Judge Mae A. D'Agostino on 9/24/2018. (ban)
September 21, 2018	Filing 233 Letter Motion from Elmer Keach for Robert Tomassini requesting Extension of Time to File Reply Brief In Support of Motion for Reconsideration Until October 1, 2018, On Consent submitted to Judge Mae A. D'Agostino . (Keach, Elmer)
September 17, 2018	Filing 232 RESPONSE in Opposition re #230 MOTION for Reconsideration re #228 Order on Motion to Certify Class,,, Order on Motion for Miscellaneous Relief,, OR, ALTERNATIVELY, PROPOSED INTERVENOR THOMAS HROMOWYKS MOTION TO INTERVENE AS AN ADDITIONAL CLASS REPRESENTATIVE AND AMEND THE filed by FCA US LLC. (Pope, Alan)
August 31, 2018	Filing 231 NOTICE by Robert Tomassini in Response to August 17, 2018 Text Order (Rathod, Jason)
August 20, 2018	Filing 230 MOTION for Reconsideration re #228 Order on Motion to Certify Class,,, Order on Motion for Miscellaneous Relief,, OR, ALTERNATIVELY, PROPOSED INTERVENOR THOMAS HROMOWYKS MOTION TO INTERVENE AS AN ADDITIONAL CLASS REPRESENTATIVE AND AMEND THE COMPLAINT FOR PURPOSES OF RENEWING PLAINTIFFS MOTION FOR CLASS CERTIFICATION Motion Hearing set for 10/2/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 9/17/2018 filed by Robert Tomassini. (Attachments: #1 Memorandum of Law, #2 Declaration of Nicholas A. Migliaccio in Support of Motion, #3 Exhibit(s) 1 - Initial Complaint, #4 Exhibit(s) 2 - Amended Complaint, #5 Exhibit(s) 3 - Transfer Order, #6 Exhibit(s) 4 - Lack of Jurisdiction, #7 Exhibit(s) 5 - Hill Order Granting Class Certification, #8 Exhibit(s) 6 - Proposed Amended Complaint, #9 Proposed Order/Judgment) (Rathod, Jason) Modified on 12/12/2018 (ban, ).
August 16, 2018	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 8/16/2018. Plaintiff's counsel may move to intervene the sole remaining plaintiff, Thomas Hromowyk, named in the related case 3:17-cv-62, Spratley et al v. FCA US LLC and/or to consolidate this action with the Spratley case. Magistrate Judge Peebles directs plaintiff's counsel to file this motion on or before 9/7/2018 at which time a briefing schedule and hearing date will be set before Magistrate Judge Peebles. The stay of the deadlines in this case is continued. Plaintiff's counsel has not yet decided if a request for permission to appeal District Judge D'Agostino's #228 order will be filed. Magistrate Judge Peebles directs plaintiff's counsel to notify the court when that decision is made and, if an application is made, when the Second Circuit acts on it. APP: Elmer Keach, III, Esq., Jennifer Goldstein, Esq., Daniel Calvert, Esq., Jason Rathod, Esq., Jay Brody, Esq., Alan Pope, Esq., and Stephen D'Aunoy, Esq.. (sal) Modified conference date on 8/17/2018 (sal ).
August 7, 2018	Filing 229 TEXT ORDER : A Telephone Conference is set for 8/16/2018 at 3:00 PM before Magistrate Judge David E. Peebles. Parties should be prepared to discuss new deadlines for mandatory mediation, discovery and dispositive motions in this action. Counsel for defendant is directed to initiate the call to Chambers, which can be reached at (315) 234-8620 or he/she may provide a call-in number and passcode to the court and all counsel. Authorized by Magistrate Judge David E. Peebles on 8/7/2018. (sal)
August 6, 2018	Filing 228 MEMORANDUM-DECISION AND ORDER denying #194 Motion to Certify Class; denying as moot #218 Motion to Preclude Expert Testimony: The Court hereby ORDERS that Plaintiff's motion for class certification (Dkt. No. 194) is DENIED; andthe Court further ORDERS that Defendant's motion to preclude expert testimony (Dkt. No. 218) is DENIED as moot; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 8/6/2018. (ban)
June 28, 2018	Filing 227 TRANSCRIPT REQUEST by Robert Tomassini for proceedings held on 05/16/2018 before Judge Mae A. D'Agostino.. (Attachments: #1 Exhibit(s) Transcript Order Form)(Graifman, Gary)
May 31, 2018	Filing 226 TEXT ORDER granting #225 Motion to Withdraw as Attorney by Susan L. Werstak, Esq.. Attorney Susan L. Werstak terminated. Authorized by Magistrate Judge David E. Peebles on 5/30/2018. (sal )
May 30, 2018	Filing 225 MOTION to Withdraw as Attorney for Susan L. Werstak as counsel for FCA US LLC filed by FCA US LLC. Motions referred to David E. Peebles. (Pope, Alan)
May 16, 2018	TEXT Minute Entry for Motion Hearing held before U.S. District Judge Mae A. D'Agostino on 5/16/2018 re #218 MOTION to Exclude the Reports and Testimony of Plaintiff's Experts; #194 MOTION to Certify Class; and #173 MOTION Deny Class Certification, or, Alternatively, for an Order Precluding Plaintiff from Seeking Certification of a Class that Includes those who Purchased or Leased Class Vehicles Prior to September 8, 2011: Appearances by Nicholas Migliaccio, Esq., Elmer Keach, Esq., Gary Graigman, Esq., Daniel Calvert, John Rathod, Esq., Jennifer Goldstein, Esq., Gary Mason, Esq., and Jay Brody, Esq. for the Plaintiffs; Stephen D'Aunoy, Esq., Kathy Wisniewski, Esq., and Alan Pope, Esq. for the defendant; Judge D'Agostino addresses counsel with questions that she has. Nicholas Migliaccio, Esq. addresses the Court for the plaintiff; Stephen D'Aunoy, Esq. addresses the Court for the defendant; The Court will get a written decision entered as soon as possible. (Court Reporter Theresa Casal, CRD Britney Norton [Time 12:35 a.m. - 1:35 p.m.]) (ban)
May 15, 2018	Filing 224 Letter Motion from Elmer Keach for Robert Tomassini requesting Providing Supplemental Factual Information to the Court in Preparation for Oral Argument submitted to Judge Mae A. D'Agostino . (Attachments: #1 Exhibit(s) CAIR Report, #2 Exhibit(s) CAIR Report)(Keach, Elmer)
May 14, 2018	Filing 223 LETTER BRIEF regarding FCA US's Memorandum in Opposition to Plaintiff's Motion for Class Certification was inadvertently filed as an exhibit to the Declaration of Stephen A. D'Aunoy in Support of FCA US LLC's Opposition to Plaintiff's Motion for Class Certification (ECF #209-11) by FCA US LLC. (Pope, Alan)
May 4, 2018	Filing 222 RESPONSE in Support re #218 MOTION to Exclude the Reports and Testimony of Plaintiff's Experts filed by FCA US LLC. (Pope, Alan)
May 1, 2018	Filing 221 TEXT ORDER granting #219 Letter Request for leave to file an oversized brief: It is hereby ORDERED that the Plaintiff's request for leave to file an oversized brief in response to Defendants' motion to exclude testimony, is GRANTED. The #220 brief in opposition, filed by the plaintiff on 4/30/18, is Accepted for filing. Signed by U.S. District Judge Mae A. D'Agostino on 5/1/2018. (ban)
April 30, 2018	Filing 220 RESPONSE in Opposition re #218 MOTION to Exclude the Reports and Testimony of Plaintiff's Experts filed by Robert Tomassini. (Attachments: #1 Exhibit(s) 1 - Sullivan Report, #2 Exhibit(s) 2 - Sullivan Deposition Excerpts, #3 Exhibit(s) 3 - Pinsonneault Report, #4 Exhibit(s) 4 - Lynch Report, #5 Exhibit(s) 5 - Sullivan Rebuttal Report, #6 Exhibit(s) 6 - Duquette Deposition Excerpts, #7 Exhibit(s) 7 - Lynch Deposition Excerpts, #8 Exhibit(s) 8 - Continental Report, #9 Exhibit(s) 9 - McLellan Report, #10 Exhibit(s) 10 - McLellan Supplemental Report, #11 Exhibit(s) 11 - McLellan Deposition Excerpts, #12 Exhibit(s) 12 - Gaskin Declaration, #13 Exhibit(s) 13 - Gaskin Deposition Excerpts, #14 Exhibit(s) 14 - Gaskin Rebuttal Report, #15 Exhibit(s) 15 - Pinsonneault Deposition Excerpts)(Rathod, Jason)
April 27, 2018	Filing 219 Letter Motion from Elmer Robert Keach, III for Robert Tomassini requesting Leave of Court to file an Overlength Brief submitted to Judge Mae A. D'Agostino . (Keach, Elmer)
April 13, 2018	Filing 218 MOTION to Exclude the Reports and Testimony of Plaintiff's Experts Motion Hearing set for 5/16/2018 11:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/30/2018 filed by FCA US LLC. (Attachments: #1 Exhibit(s) A - Eric V. Sullivan Deposition Transcript, #2 Exhibit(s) B - Richard F. Lynch Deposition Transcript, #3 Exhibit(s) C - David McLellan Deposition Transcript, #4 Exhibit(s) D - Steven P. Gaskin Deposition Transcript, #5 Exhibit(s) E - Gregory A. Pinsonneault Deposition Transcript) Motions referred to David E. Peebles. (Pope, Alan) Modified on 11/27/2019 (ban, ).
April 11, 2018	Filing 217 TEXT ORDER granting in part and denying in part #216 Letter Request: It is hereby ORDERED that FCA US LLC's request for leave to file an oversized memorandum in support of it's motion to exclude Plaintiffs' experts is GRANTED IN PART; FCA US LLC is permitted to file an oversized brief, not to exceed 30 pages. The deadline for the filing of the Motion to Exclude Plaintiffs' experts remains set for 4/13/18. Signed by U.S. District Judge Mae A. D'Agostino on 4/11/2018. (ban)
April 10, 2018	Filing 216 Letter Motion from Alan J. Pope for FCA US LLC requesting that the Court grant FCA US LLC's request for leave to file an overlength brief. submitted to Judge D'Agostino . (Pope, Alan)
March 26, 2018	Filing 215 REPLY to Response to Motion re #194 MOTION to Certify Class filed by Robert Tomassini. (Attachments: #1 Exhibit(s) A - Supplemental Declaration of Robert Tomassini, #2 Exhibit(s) B - Response Report of Steven P. Gaskin)(Rathod, Jason)
March 22, 2018	Filing 214 TEXT ORDER granting #213 Letter Request: It is hereby ORDERED that the Plaintiff's request for leave to file an oversized reply brief is granted. The Plaintiff may file a reply brief, not to exceed 25 pages, on or before 3/26/18. Signed by U.S. District Judge Mae A. D'Agostino on 3/22/2018. (ban)
March 21, 2018	Filing 213 Letter Motion from Elmer Keach for Robert Tomassini requesting Leave of Court to File Twenty-Five Page Reply Brief in Support of Motion for Summary Judgment submitted to Judge Mae A. D'Agostino . (Keach, Elmer)
March 14, 2018	Filing 212 ORDER: The Court hereby ORDERS that Defendant's motion to deny class certification (Dkt. No. 173) is DENIED and construed as a supplemental opposition to Plaintiff's motion for class certification (Dkt. No. 194); and the Court further ORDERS that Defendant's motion for reconsideration (Dkt. No. 211) is STRICKEN; and the Court further ORDERS that Defendant may file a single motion to exclude expert testimony on or before April 13, 2018, and Plaintiff may respond on or before April 30, 2018; and the Court further ORDERS that the Court will hear oral argument at 11:00 AM on Wednesday, May 16, 2018; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 3/14/2018. (ban)
March 14, 2018	TEXT NOTICE SETTING ORAL ARUGMENTS RE #194 MOTION to Certify Class , Defendant's Supplemental Opposition to the motion for class certification, and Defendant's motion to exclude expert testimony:ORAL ARGUMENT is set for 5/16/2018 at 11:00 AM in Albany before U.S. District Judge Mae A. D'Agostino. (ban)
March 9, 2018	Filing 211 STRICKEN Pursuant to Judge D'Agostino's 3/14/18 Order MOTION for Reconsideration re 210 Order,,, Motion Hearing set for 4/17/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/2/2018 filed by FCA US LLC. (Attachments: #1 Memorandum of Law in Support of FCA US LLC's Motion to Reconsider Text Order Striking Motions to Exclude Testimony of Plaintiff's Experts, or in the Alternative, to file Two Daubert Motions.) (Pope, Alan) Modified on 3/14/2018 (ban, ).
March 8, 2018	Filing 210 TEXT ORDER: On March 5, 2018, Defendant submitted its opposition to Plaintiff's motion for class certification, as well as five separate motions to exclude testimony from Plaintiff's experts. See Dkt. Nos. 204, 205, 206, 207, 20, 209. Defendant's motions to exclude testimony (Dkt. Nos. 204, 205, 206, 207, 208) are STRICKEN, and Plaintiff is not required to respond to those motions. Defendant may file a single motion to exclude testimony, and it may attach exhibits only if they are critical to the motion and referenced in Defendant's memorandum of law. No further motions or applications are to be filed until the motion to deny class certification (Dkt. No. 173) and the motion for class certification (Dkt. No. 194) are decided. Signed by U.S. District Judge Mae A. D'Agostino on 3/8/2018. (ban)
March 5, 2018	Filing 209 RESPONSE in Opposition re #194 MOTION to Certify Class filed by FCA US LLC. (Attachments: #1 Exhibit(s) A - Declaration of Earl J. Bibb, #2 Exhibit(s) B - Deposition Transcript of Richard Lynch, #3 Exhibit(s) C - Deposition Transcript of Eric V. Sullivan, #4 Exhibit(s) D - Expert Report of David J. Duquette, #5 Exhibit(s) E - Deposition Transcript of David J. Duquette, #6 Exhibit(s) F - Christine T. Wood Expert Report, #7 Exhibit(s) G - Deposition Transcript of Robert Tomassini, #8 Exhibit(s) H - Report of Robert E. McCormick, #9 Exhibit(s) I - Deposition Transcript of Steven P. Gaskin, #10 Exhibit(s) J - Deposition of Gregory A. Pinsonneault, #11 Memorandum of Law in Opposition to Plaintiff's Motion for Class Certification)(Pope, Alan)
March 5, 2018	Filing 208 STRICKEN Pursuant to Judge D'Agostino's 3/8/18 Text Order MOTION to Exclude the Reports and Testimony of Plaintiff's Expert Eric V. Sullivan Motion Hearing set for 4/17/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/2/2018 filed by FCA US LLC. (Attachments: #1 Declaration of Stephen A. D'Aunoy in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert Eric V. Sullivan, #2 Exhibit(s) A - Deposition Transcript of Eric V. Sullivan, #3 Exhibit(s) B - Eric V. Sullivan's Curriculum Vitae, #4 Memorandum of Law in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert Eric V. Sullivan) Motions referred to David E. Peebles. (Pope, Alan) Modified on 3/8/2018 (ban, ).
March 5, 2018	Filing 207 STRICKEN Pursuant to Judge D'Agostino's 3/8/18 Text Order MOTION to Exclude the Reports and Testimony of Plaintiff's Expert Richard F. Lynch Motion Hearing set for 4/17/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/2/2018 filed by FCA US LLC. (Attachments: #1 Declaration of Stephen D'Aunoy in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert Richard F. Lynch, #2 Exhibit(s) A - Dr. Richard F. Lynch's Curriculum Vitae, #3 Exhibit(s) B - Deposition Transcript of Richard F. Lynch, #4 Exhibit(s) C - Deposition Transcript of Eric V. Sullivan, #5 Memorandum of Law in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert Richard F. Lynch) Motions referred to David E. Peebles. (Pope, Alan) Modified on 3/8/2018 (ban, ).
March 5, 2018	Filing 206 STRICKEN Pursuant to Judge D'Agostino's 3/8/18 Text Order MOTION to Exclude the Reports and Testimony of Plaintiff's Expert David McLellan Motion Hearing set for 4/17/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/2/2018 filed by FCA US LLC. (Attachments: #1 Declaration of Stephen A. D'Aunoy in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert David McLellan, #2 Exhibit(s) A - Deposition Transcript of David McLellan, #3 Memorandum of Law in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert David McLellan) Motions referred to David E. Peebles. (Pope, Alan) Modified on 3/8/2018 (ban, ).
March 5, 2018	Filing 205 STRICKEN Pursuant to Judge D'Agostino's 3/8/18 Text Order MOTION to Exclude the Reports and Testimony of Plaintiff's Expert Steven P. Gaskin Motion Hearing set for 4/17/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/2/2018 filed by FCA US LLC. (Attachments: #1 Declaration of Stephen A. D'Aunoy in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert Steven P. Gaskin, #2 Exhibit(s) A - Redacted Deposition Transcript of Steven P. Gaskin, #3 Exhibit(s) B - Redacted Deposition Transcript of Gregory A. Pinsonneault, #4 Exhibit(s) C - Deposition Transcript of Robert Tomassini, #5 Memorandum of Law in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert Steven P. Gaskin) Motions referred to David E. Peebles. (Pope, Alan) Modified on 3/8/2018 (ban, ).
March 5, 2018	Filing 204 STRICKEN Pursuant to Judge D'Agostino's 3/8/18 Text Order MOTION to Exclude the Reports and Testimony of Plaintiff's Expert Gregory A. Pinsonneault Motion Hearing set for 4/17/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/2/2018 filed by FCA US LLC. (Attachments: #1 Declaration of Stephen A. D'Aunoy in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert Gregory A. Pinsonneault, #2 Exhibit(s) A - Redacted Deposition Transcript of Gregory A. Pinsonneault, #3 Exhibit(s) B - Redacted Deposition Transcript of Steven P. Gaskin, #4 Exhibit(s) C - Deposition Transcript of Robert Tomassini, #5 Memorandum of Law in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert Gregory A. Pinsonneault) Motions referred to David E. Peebles. (Pope, Alan) Modified on 3/8/2018 (ban, ).
February 22, 2018	Filing 203 ***SEALED DOCUMENTS (Un-redacted Migliaccio Declaration #196 and SEALED EXHIBIT 3 to Migliaccio Declaration [196-3] by Robert Tomassini in Support of Plaintiff's #195 Motion for Class Certification. (ban)
February 22, 2018	Filing 202 ***SEALED UN-REDACTED MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION [unredacted version of docket entry #195 ]. by Robert Tomassini (submitted to the Court on 1/25/18 via email). (ban) (ban, ).
February 22, 2018	Filing 201 TEXT UNSEALING ORDER: It is hereby ORDERED that 154 Text Order Sealing #155 Sealed Memorandum-Decision and Order denying motion for summary judgment, is hereby RESCINDED. IT is further ORDERED that #155 Memorandum-Decision is no longer sealed. The Clerk is directed to unseal the Memorandum-Decision and Order [Dkt. No 155] filed in this case on 11/23/16. Signed by U.S. District Judge Mae A. D'Agostino on 2/22/2018. (ban)
February 21, 2018	Filing 200 NOTICE of Appearance by Jennifer S. Goldstein on behalf of All Plaintiffs (Goldstein, Jennifer)
February 20, 2018	Filing 199 AMENDED TEXT ORDER granting in part and denying in part #197 Letter Request: It is hereby ORDERED that the joint request to extend the briefing schedule for Plaintiff's Motion for Class Certification is Granted in part and DENIED in part. The Motion return date is reset for April 3, 2018 (ON SUBMIT) before Judge D'Agostino; The motion will be decided on the submission of the papers only. No personal appearances are necessary, unless otherwise notified by the Court; The defendant's response shall be filed on or before 3/5/18; The plaintiff's reply shall be filed on or before 3/26/18; No Sur-reply will be permitted; No further extensions of these deadlines will be entertained. It is further ORDERED that FCA US's request for leave to file an opposition brief up to 40 pages is GRANTED. Signed by U.S. District Judge Mae A. D'Agostino on 2/20/2018. (ban)
February 2, 2018	Filing 198 TEXT ORDER granting in part and denying in part #197 Letter Request: It is hereby ORDERED that the joint request to extend the briefing schedule for Plaintiff's Motion for Class Certification is Granted in part and DENIED in part. The Motion return date is reset for April 3, 2018 (ON SUBMIT) before Judge D'Agostino; The motion will be decided on the submission of the papers only. No personal appearances are necessary, unless otherwise notified by the Court; The defendant's response shall be filed on or before 3/5/18; The plaintiff's reply shall be filed on or before 3/26/18; No Sur-reply will be permitted; No further extensions of these deadlines will be entertained. Signed by U.S. District Judge Mae A. D'Agostino on 2/2/18. (ban)
February 2, 2018	NOTICE of Hearing on Motion #194 MOTION to Certify Class : Response to Motion due by 3/5/2018; Reply to Response to Motion due by 3/26/2018. The Motion Hearing is reset for 4/3/2018 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino. (ban)
February 1, 2018	Filing 197 Letter Motion from Alan J. Pope, Esq. for FCA US LLC requesting that the Court enter a briefing schedule on Plaintiff's Motion for Class Certification and that the Court grant FCA leave to file an opposition brief containing up to 40 pages. submitted to Judge D'Agostino . (Pope, Alan)
January 25, 2018	Filing 196 AFFIDAVIT in Support re #194 MOTION to Certify Class filed by Robert Tomassini. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Exhibit(s), #14 Exhibit(s), #15 Exhibit(s), #16 Exhibit(s), #17 Exhibit(s), #18 Exhibit(s), #19 Exhibit(s), #20 Exhibit(s), #21 Exhibit(s), #22 Exhibit(s), #23 Exhibit(s), #24 Exhibit(s), #25 Exhibit(s), #26 Exhibit(s), #27 Exhibit(s), #28 Exhibit(s), #29 Exhibit(s), #30 Exhibit(s), #31 Exhibit(s), #32 Exhibit(s), #33 Exhibit(s), #34 Exhibit(s), #35 Exhibit(s), #36 Exhibit(s), #37 Exhibit(s), #38 Exhibit(s), #39 Exhibit(s), #40 Exhibit(s), #41 Exhibit(s), #42 Exhibit(s), #43 Exhibit(s), #44 Exhibit(s), #45 Exhibit(s), #46 Exhibit(s), #47 Exhibit(s), #48 Exhibit(s), #49 Exhibit(s), #50 Exhibit(s), #51 Exhibit(s), #52 Exhibit(s), #53 Exhibit(s), #54 Exhibit(s))(Rathod, Jason)
January 25, 2018	Filing 195 MEMORANDUM OF LAW re #194 Motion to Certify Class, filed by Robert Tomassini. (Rathod, Jason)
January 25, 2018	Filing 194 MOTION to Certify Class Motion Hearing set for 3/6/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 2/20/2018 Reply to Response to Motion due by 2/23/2018. filed by Robert Tomassini. (Rathod, Jason)
January 19, 2018	Filing 193 ORDER granting in part and denying in part #189 Plaintiff's Motion to File Exhibits to Plaintiff's Motion for Class Certification under Seal: It is hereby ORDERED that the Exhibits identified as Exhibits 1 and 2 shall be filed under seal, and the Exhibits identified as Exhibits 3 through 11 shall not be filed under seal; and the Court further ORDERS that a copy of this Order shall be served on both parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 1/19/2018. (ban)
January 19, 2018	Set Deadlines: Motions For Class Certification due to be filed by 1/25/2018. (ban)
January 18, 2018	Filing 192 Letter Motion from Alan J. Pope for FCA US LLC requesting that the plaintiff's request to change the orderly procedure should be denied re: (Doc. No. 186) submitted to Judge D'Agostino . (Pope, Alan) Modified on 1/18/2018 (sfp, ).
January 12, 2018	Filing 191 Letter Motion from Elmer Robert Keach, III for Robert Tomassini requesting Leave to File Motion for Class Certification Pending Decision to Seal submitted to Judge Mae A. D'Agostino . (Keach, Elmer)
November 3, 2017	Filing 190 RESPONSE in Opposition re #189 MOTION to Seal Documents re #186 Order,,,, filed by Robert Tomassini. (Attachments: #1 Exhibit(s) A -- Chart with Description of Documents Proposed to be Filed Under Seal (Filed Under Seal, Submitted to Chambers Electronically))(Keach, Elmer)
October 27, 2017	Filing 189 MOTION to Seal Documents re #186 Order,,,, filed by FCA US LLC. (Attachments: #1 Memorandum of Law FCA US LLC's Memorandum in Support of its Motion to Seal Documents, #2 Exhibit(s) A - Declaration of Stephen A. D'Aunoy in Support of FCA US LLC's Motion to Seal, #3 Exhibit(s) B - Declaration of Earl J. Bibb in Support of FCA US LLC's Motion to Seal) Motions referred to David E. Peebles. (Pope, Alan)
October 20, 2017	Filing 188 ORDER granting #187 Notice to Withdrawl as counsel filed by Jennifer Goldstein, Esq. for Robert Tomassini. Signed by U.S. District Judge Mae A. D'Agostino on 10/20/17. (ban)
October 19, 2017	Filing 187 NOTICE by Robert Tomassini OF WITHDRAWAL OF COUNSEL (Goldstein, Jennifer)
October 6, 2017	Filing 186 ORDER: The Court hereby ORDERS that Defendant's objections to the public filing of documents are MOOT; and the Court further ORDERS that Plaintiff must provide Defendant with an updated copy of all exhibits he plans to file with the motion for class certification within fourteen (14) days of the date of this Order; and the Court further ORDERS that Defendant must submit a sealing motion to the Court within seven (7) days of receiving Plaintiff's exhibits if Defendant wishes to prevent the exhibits from being publicly filed, and Plaintiff may submit a response to Defendant's sealing motion within seven(7) days of receiving the motion; and the Court further ORDERS that Plaintiff must file his motion for class certification within seven (7) days of the Court's decision on the sealing motion, or within seven (7) days of Defendant's failure to timely submit a sealing motion; and the Court furtherORDERS that the Clerk of the Court serve a copy of this Order on all parties inaccordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 10/6/2017. (ban)
October 2, 2017	Filing 185 RESPONSE in Support re #173 MOTION Deny Class Certification, or, Alternatively, for an Order Precluding Plaintiff from Seeking Certification of a Class that Includes those who Purchased or Leased Class Vehicles Prior to September 8, 2011. filed by FCA US LLC. (Pope, Alan)
September 27, 2017	Filing 184 TEXT ORDER granting #183 Letter Request: It is hereby ORDERED that Defendant FCA's request for an extension of time to file a reply regarding #173 Motion to Deny Class Certification, is GRANTED. Defendant FCA's reply shall be filed on or before 10/2/17. Signed by U.S. District Judge Mae A. D'Agostino on 9/27/2017. (ban)
September 26, 2017	Filing 183 Letter Motion from Alan J. Pope for FCA US LLC requesting an extension to respond to Plaintiff's Opposition to Defendant's Motion to Deny or Limit the Class submitted to Judge D'Agostino . (Pope, Alan)
September 22, 2017	Filing 182 RESPONSE in Opposition re #173 MOTION Deny Class Certification, or, Alternatively, for an Order Precluding Plaintiff from Seeking Certification of a Class that Includes those who Purchased or Leased Class Vehicles Prior to September 8, 2011. filed by Robert Tomassini. (Attachments: #1 Affirmation of Elmer Keach in Opposition, #2 List of Exhibits to Be Filed Under Seal)(Keach, Elmer)
September 19, 2017	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 9/19/2017. Parties are awaiting a ruling by District Judge D'Agostino on the objections. Once a decision is rendered, the class certification motion will be filed. Magistrate Judge Peebles stays the deadlines for mandatory mediation, discovery and dispositive motions at this time until District Judge D'Agostino has decided the certification issue. No new conference is scheduled before Magistrate Judge Peebles at this time. APP: Gary Mason, Esq., Jennifer Goldstein, Esq., Jason Rathod, Esq., Gary Graifman, Esq., Alan Pope, Esq., and Stephen D'Aunoy, Esq.. (sal )
September 19, 2017	TEXT ORDER: The deadlines for mandatory mediation, discovery, and dispositive motions are stayed pending a decision by District Judge Mae A. D'Agostino on the certification issue. Authorized by Magistrate Judge David E. Peebles on 9/19/2017. (sal)
September 18, 2017	Filing 181 TEXT ORDER granting in part and denying in part #179 Letter Request. On 09/18/2017, Plaintiff requested that this Court extend the time for the filing of his response to FCA US LLC's Motion to Deny Class Certification. Insofar as Plaintiff asks that the Court adjourn the response date until the same date that Plaintiff is required to file his Motion for Class Certification, his request is DENIED. As Defendant correctly contends, the pending motion presents a straightforward legal issue. Since Plaintiff's response to the pending motion is due today, the Court will extend the response deadline until 09/22/2017. No further extensions will be considered. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 09/18/2017. (bto)
September 18, 2017	Filing 180 RESPONSE in Opposition re #179 Letter Motion from Elmer Keach for Robert Tomassini requesting Adjournment of Response Date for Motion to Limit the Class Size Pending a Decision from the Court on Sealing Issues submitted to Judge Mae A. D'Agostino filed by FCA US LLC. (Pope, Alan)
September 18, 2017	Filing 179 Letter Motion from Elmer Keach for Robert Tomassini requesting Adjournment of Response Date for Motion to Limit the Class Size Pending a Decision from the Court on Sealing Issues submitted to Judge Mae A. D'Agostino . (Keach, Elmer)
September 1, 2017	Filing 178 TEXT ORDER denying #177 Letter Request. In its 08/30/2017 letter, Defendant asks the Court for clarification about the briefing schedule and for the Court to set response and reply deadlines for a motion that has yet to be filed. Once Plaintiff files his motion for class certification as directed during the 08/29/2017 telephone conference, the Court will set the response and reply deadlines. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 09/01/2017. (bto)
August 30, 2017	Filing 177 Letter Motion from Alan J. Pope for FCA US LLC requesting clarification about the briefing schedule for Plaintiff's motion for class certification. submitted to Judge D'Agostino . (Pope, Alan)
August 29, 2017	Filing 176 Minute Entry for telephone conference held before U.S. District Judge Mae A. D'Agostino: The parties were directed to confer regarding the documents at issue, as identified in the letter motion filed 08/24/2017. By 08/31/2017, Plaintiff's counsel shall provide to counsel for Defendant the documents they intend to include as exhibits in his motion for class certification. By 09/06/2017, counsel for Defendant shall file any objections to the documents Plaintiff intends to include with his motion for class certification. Plaintiff shall file his motion for class certification within two (2) business days of receiving the Court's decision regarding Defendant's objections. Additionally, the parties are instructed that in the forthcoming motion for class certification and response thereto, only relevant exhibits shall be attached to the motion. When placed on the docket, each exhibit shall be individually filed and shall clearly identify the content of the exhibit. Telephone Conference held on 8/29/2017 (Court Reporter Theresa Casal) (bto)
August 24, 2017	Filing 175 TEXT ORDER re #174 Letter Motion from Elmer Keach for Robert Tomassini requesting Telephone Conference with Court, and Two Business Day Extension of Time to File Motion for Class Certification submitted to Judge Mae A. D'Agostino filed by Robert Tomassini: IT is hereby ORDERED that the deadline for filing motions for Class Certification is adjournment without date, pending a telephone conference with Judge D'Agostino. A Telephone Conference is set for 8/29/2017 at 02:30 PM in Albany before U.S. District Judge Mae A. D'Agostino; Counsel are directed to dial-in for this conference call. Signed by U.S. District Judge Mae A. D'Agostino on 8/24/2017. (ban, )
August 24, 2017	Filing 174 Letter Motion from Elmer Keach for Robert Tomassini requesting Telephone Conference with Court, and Two Business Day Extension of Time to File Motion for Class Certification submitted to Judge Mae A. D'Agostino . (Keach, Elmer)
August 23, 2017	Filing 173 MOTION Deny Class Certification, or, Alternatively, for an Order Precluding Plaintiff from Seeking Certification of a Class that Includes those who Purchased or Leased Class Vehicles Prior to September 8, 2011. Motion Hearing set for 10/3/2017 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 9/18/2017 filed by FCA US LLC. (Attachments: #1 Memorandum of Law in Support of its Motion to Deny Class Certification) (Pope, Alan) Modified on 9/14/2017 - Motion no longer referred to David E. Peebles (sal).
August 16, 2017	Filing 172 TEXT ORDER granting #171 Letter Request: The Plaintiff's request for a 3 day extension of time to file the Motion for Class Certification is GRANTED. The motion for Class Certification is to be filed on or before 8/25/17; It is further ORDERED that the Plaintiff's request for an extension of time for Defendant's to file a Response to Plaintiff's motion for class certification from 45 days to 48 days is GRANTED; It is further ORDERED that the Plaintiff's request for leave to file a memorandum of law up to 40 pages is GRANTED. Signed by U.S. District Judge Mae A. D'Agostino on 8/16/2017. (ban)
August 15, 2017	Filing 171 Letter Motion from Elmer Keach for Robert Tomassini requesting Extension of Time to File Motion for Class Certification, and Extension of All Associated Deadlines submitted to Judge Mae A. D'Agostino . (Keach, Elmer)
June 14, 2017	CLERK'S CORRECTION OF DOCKET ENTRY re #121 Affidavit in Opposition to Motion, #116 Affidavit in Opposition to Motion: Docket entries #116 and #121 have been unsealed and redacted pursuant to Judge D'Agostino's 1/6/17 Memorandum-Decision and Order [dkt # 158]. (ban)
May 25, 2017	Filing 170 TEXT ORDER: Based upon a telephone conference conducted on 5/24/2017, it is hereby ORDERED as follows: plaintiff shall disclose to defendant's counsel proposed supplemental expert reports on or before 6/2/2017. The court makes no ruling regarding propriety of that supplementation. The following revised schedule will govern the progression of this action: Class Certification Discovery is due to be completed on or before 7/25/2017; Class Certification Motions must be filed on or before 8/22/2017; Response to Class Certification Motion is due forty-five (45) days after the filing of such motion. Reply to the Class Certification Motion is due thirty (30) days after the filing of opposition papers. The parties are advised that this schedule is FIRM absent extenuating circumstances. Authorized by Magistrate Judge David E. Peebles on 5/25/2017. (sal )
May 24, 2017	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 5/24/2017. Parties report that several depositions of Chrysler representatives have been taken. Plaintiff's counsel has received a range of discovery documents from defendant. Depositions of Marty McDaniel and a Rule 30(b)(6) witness from Continental are anticipated to be taken. Parties are attempting to resolve lingering discovery issues. Plaintiff's counsel is directed to disclose to defendant's counsel proposed supplemental expert reports on or before 6/2/2017. Magistrate Judge Peebles will extend the deadlines by sixty days and a text order reflecting these deadlines will be issued shortly. In the event the class certification motion is filed earlier than expected, then the parties will have to address the briefing schedule for that motion with District Judge D'Agostino. Judge Peebles notes that this case was commenced in 2014 and encourages the parties to work together to conduct discovery in an efficient manner in order to meet the deadlines that are in place. The motion to dismiss filed in the related case Spratley is fully briefed and pending before District Judge D'Agostino. Settlement is premature. The telephone conference set for 9/19/2017 at 3:00 PM remains in place. APP: Elmer Keach, III, Esq., Jennifer Goldstein, Esq., Nicholas Migliaccio, Esq., Jason Rathod, Esq., Jay Brody, Esq., Alan Pope, Esq., and Stephen D'Aunoy, Esq.. (sal )
May 23, 2017	Filing 169 STATUS REPORT Filed in Preparation for Status Conference, Seeking Extension of Discovery Deadlines by Robert Tomassini. (Keach, Elmer)
May 23, 2017	Set Hearings: A Telephone Conference is set for 5/24/2017 at 4:30 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620 or provide all counsel and the court with a call-in number and passcode. (sal )
April 20, 2017	Filing 168 TRANSCRIPT of Proceedings: Telephonic Motion held on June 8, 2016 before Judge David E. Peebles, Court Reporter: Diane S. Martens, Telephone number: 315-234-8545. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/11/2017. Redacted Transcript Deadline set for 5/22/2017. Release of Transcript Restriction set for 7/19/2017. Notice of Intent to Redact due by 4/25/2017 (dm2, )
April 20, 2017	Filing 167 TRANSCRIPT of Proceedings: Motion Hearing held on June 2, 2016 before Judge David E. Peebles, Court Reporter: Diane S. Martens, Telephone number: 315-234-8545. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/11/2017. Redacted Transcript Deadline set for 5/22/2017. Release of Transcript Restriction set for 7/19/2017. Notice of Intent to Redact due by 4/25/2017 (dm2, )
March 21, 2017	Filing 166 TEXT ORDER granting #165 Motion for Limited Admission Pro Hac Vice. Authorized by Magistrate Judge David E. Peebles on 3/21/17. (cam, )
March 21, 2017	Set/Reset Hearings: Telephone Conference set for 9/19/2017 at 3:00 pm before Magistrate Judge David E. Peebles. Plaintiff's counsel is asked to initiate the call by either providing a call-in number or dialing chambers directly at (315) 234-8620. (cam, )
March 21, 2017	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 3/21/17. Parties discuss the status of the case and where they are in discovery. Stay of mediation deadline remains. The next telephone conference is scheduled for 9/19/17 at 3:00 p.m. with defendant's counsel to initiate. APP. Jennifer S. Goldstein, Esq., Daniel C. Calvert, Esq. Nicholas A. Migliaccio, Esq. and Jason S. Rathod, Esq., Gary S. Graifman, Esq., Alan Pope, Esq. and Stephen A. D'Aunoy, Esq. (cam, )
March 17, 2017	Filing 165 MOTION for Limited Admission Pro Hac Vice of Susan L. Westak, Esq. Filing fee $100, receipt number 0206-3957164. filed by FCA US LLC. (Attachments: #1 Affidavit Affidavit of Sponsor, #2 Exhibit(s) Petition for Admission, #3 Exhibit(s) Certificate of Good Standing, #4 Exhibit(s) Oath of Admission, #5 Exhibit(s) ECF Registration, #6 Proposed Order/Judgment Proposed Order) Motions referred to David E. Peebles. (Pope, Alan)
March 10, 2017	Set Hearings: A Status Telephone Conference is set for 3/21/2017 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )
March 8, 2017	Filing 164 TEXT ORDER granting #163 Motion for Limited Admission Pro Hac Vice of Jennifer S. Goldstein, Esq. for plaintiff Robert Tomassini. Authorized by Magistrate Judge David E. Peebles on 3/8/2017. (sal )
March 7, 2017	Filing 163 MOTION for Limited Admission Pro Hac Vice of Jennifer S. Goldstein Filing fee $100, receipt number 0206-3947623. filed by Robert Tomassini. (Attachments: #1 Proposed Order/Judgment Proposed Order, #2 Affidavit Sponsor Affidavit, #3 Exhibit(s) Petition for Admission, #4 Exhibit(s) ECF Registration, #5 Exhibit(s) Attorney Oath, #6 Exhibit(s) Certificate of Good Standing) Motions referred to David E. Peebles. (Mason, Gary)
February 28, 2017	Filing 162 TEXT ORDER granting #161 Letter Request. The deadline for filing a Motion to Compel is extended until 3/6/2017. A briefing schedule and motion hearing date will thereafter be scheduled at that time before Magistrate Judge Peebles. If this motion is not filed by the 3/6/2017 deadline, then a status telephone conference will be scheduled to discuss the progression of this action with counsel. Authorized by Magistrate Judge David E. Peebles on 2/28/2017. (sal )
February 27, 2017	Filing 161 Letter Motion from Elmer Keach for Robert Tomassini requesting Extension to Time to File Motion to Compel submitted to Judge David E. Peebles . (Keach, Elmer)
February 14, 2017	Filing 160 TEXT ORDER granting #159 Letter Request The deadline for filing a Motion to Compel is extended until 2/27/2017. A briefing schedule and motion hearing date will thereafter be scheduled at that time before Magistrate Judge Peebles. If this motion is not filed by the 2/27/2017 deadline, then a status telephone conference will be scheduled to discuss the progression of this action with counsel. Authorized by Magistrate Judge David E. Peebles on 2/14/2017. (sal)
February 13, 2017	Filing 159 Letter Motion from Elmer Keach for Robert Tomassini requesting Extension of Time to File Motion to Compel Until February 27, 2017 submitted to Judge David E. Peebles . (Keach, Elmer)
January 6, 2017	Filing 158 MEMORANDUM-DECISION AND ORDER re #125 Letter Motion: The Court hereby ORDERS that Plaintiff's motion to publicly file the exhibits connected with Defendant's motion for summary judgment and motion to exclude putative class members is GRANTED with specific redactions; and the Court further ORDERS that Defendant's current and previous employees' names, direct contact information, and the user name of their email addresses should be redacted from the exhibits prior to filing; and the Court further ORDERS that all customers' names, street addresses, and direct contact information should be redacted from the exhibits prior to filing; and the Court further ORDERS that the Parties prepare and submit one version of redacted exhibits for public filing to the Court ; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 1/6/17. (ban)
December 14, 2016	Filing 157 TEXT SCHEDULING ORDER with respect to discovery concerning class certification: Any renewed motion to compel, if deemed necessary, is due to be filed on or before 2/13/2017, response to this motion is due to be filed on or before 2/28/2017, and any reply is due to be filed on or before 3/10/2017. A motion hearing will thereafter be scheduled before Magistrate Judge Peebles. If this motion is not filed by the 2/13/2017 deadline, then Magistrate Judge Peebles will schedule a status telephone conference to discuss discovery with counsel. The deadline for completion of discovery regarding class certification is set for 5/26/2017. The following schedule has been approved by District Judge Mae A. D'Agostino: the deadline for filing a class certification motion is set for 6/23/2017 (plaintiff reserves the right to file this motion earlier), the response deadline is set for 8/11/2017, and any reply is due to be filed on or before 9/12/2017. The mandatory mediation deadline is stayed pending further order of the court. Authorized by Magistrate Judge David E. Peebles on 12/14/2016. (sal )
December 12, 2016	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 12/12/2016. The parties indicate that class related expert reports have been exchanged, as well as responsive and rebuttal expert reports, however, these reports may need to be supplemented. With respect to discovery concerning class certification, the deadlines are set as follows: any renewed motion to compel, if deemed necessary, is due to be filed on or before 2/13/2017, response to this motion is due on or before 2/28/2017, and any reply is due on or before 3/10/2017. A motion hearing will thereafter be scheduled before Magistrate Judge Peebles. If this motion is not filed by the 2/13/2017 deadline, then Magistrate Judge Peebles will schedule a status telephone conference to discuss discovery with counsel. The deadline for completion of discovery regarding class certification is set for 5/26/2017. The following schedule is set pending approval by District Judge D'Agostino: the deadline for filing a class certification motion is 6/23/2017 (plaintiff reserves the right to file this motion earlier), the response deadline is 8/11/2017, and any reply is due by 9/12/2017. The parties have not yet discussed a schedule regarding discovery on the merits. The mandatory mediation deadline is stayed pending further order of the court. A case is currently pending in the EDNY (Spratley) that may be transferred to this district and, if transferred, a request for consolidation with this action will mostly likely be made which will affect the schedule. APP: Elmer Keach, III, Esq., Gary Mason, Esq., Nicholas Migliaccio, Esq., Jason Rathod, Esq., Gary Graifman, Esq., Jay Brody, Esq., Alan Pope, Esq., Stephen D'Aunoy, Esq.. (sal )
November 28, 2016	Filing 156 TEXT ORDER : A Telephone Conference is set for 12/12/2016 at 3:30 PM before Magistrate Judge David E. Peebles. The parties are directed to confer, well in advance of this conference, in an effort to agree on a new schedule in this matter. Defendant's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 11/28/2016. (sal )
November 23, 2016	Filing 155 SEALED MEMORANDUM-DECISION AND ORDER denying #84 Motion for Summary Judgment; denying #85 Motion to exclude putative class members: It is hereby ORDERED ORDERS that Defendant's motion for summary judgment is DENIED; and the Court further ORDERS that Defendant's motion to exclude putative class members is DENIED; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 11/23/2016. (ban) [Modified on 2/22/2018 - unsealed pursuant to Judge D'Agostino's 2/22/18 text order] (ban).
November 23, 2016	Filing 154 TEXT ORDER: The Court will file the entire Memorandum-Decision and Order on Defendant's motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure under seal temporarily, in accordance with Judge David. E. Peebles Order entered December 11, 2015, see Dkt. No. 40, pending the outcome in this Court's decision on Plaintiff's request to unseal the motion exhibits. See Dkt. Nos. 125; 151; 152. Signed by U.S. District Judge Mae A. D'Agostino on 11/23/16. (ban)
November 14, 2016	Filing 152 LETTER BRIEF Regarding Documents Previously Filed Under Seal, and Arguments to Unseal Judicial Documents by Robert Tomassini. (Attachments: #1 Exhibit(s) A- Chart Summarizing Sealed Documents (Filed Under Seal))(Keach, Elmer)
November 14, 2016	Filing 151 LETTER BRIEF by FCA US LLC. (Attachments: #1 Exhibit(s))(Pope, Alan)
November 10, 2016	Filing 150 TEXT ORDER granting #149 Letter Request for clarification of the Court's 148 Text Order: It is hereby ORDERED that Plaintiff's request for an extension of time to file submissions to the Court is granted. Submissions from counsel regarding 148 Text Order, are due by 11/14/16. Signed by U.S. District Judge Mae A. D'Agostino on 11/10/16. (ban)
November 10, 2016	Filing 149 Letter Motion from Elmer Keach for Robert Tomassini requesting Clarification of Court Order, and Leave of Court to File Submission on Continued Sealing on Monday, November 14, 2016 submitted to Judge Mae A. D'Agostino . (Keach, Elmer)
November 3, 2016	Filing 148 TEXT ORDER: Upon the Court's review of Defendant's motions for summary judgment and to exclude from the putative class and Plaintiff's oppositions to the same, the Court, sua sponte, will reconsider the letter motion from Plaintiff (DKT. NO. 125) requesting a review of the motion documents filed under seal. Specifically, the Court will review the motion documents, which have been designated by Defendant as confidential under Magistrate Judge David E. Peebles' stipulated Protective Order Regarding Confidentiality of Documents (DKT. NO. 40), under Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). The Parties have five (5) business days to submit to the Court their position on each of the documents. Submissions are to be filed by November 13, 2016. Signed by U.S. District Judge Mae A. D'Agostino on 11/3/2016. (ban)
October 14, 2016	Filing 147 ***SEALED Counter-Statement of Material Facts in Dispute [Un-Redacted Version of #118 by Robert Tomassini. (ban) (ban, ).
October 14, 2016	Filing 146 ***SEALED Plaintiffs' Response to FCA US LLC's Statement of Material Facts (Un-Redacted Version of #117 ) by Robert Tomassini. (ban) (ban, ).
October 14, 2016	Filing 145 ***SEALED Plaintiff's Opposition to Defendant's Motion for Summary Judgment (UN-REDACTED Version of #119 ) by Robert Tomassini. (ban) (ban, ).
October 14, 2016	Filing 144 ***SEALED MEMORANDUM OF LAW (UN-REDACTED Version of #122 ) by Robert Tomassini. (ban) (ban, ).
September 28, 2016	Filing 143 TEXT ORDER : Pursuant to the text order issued on 6/9/2016 (Dkt. No. 113 ), the court deemed the June 3, 2016 Order (Dkt. No. #110 ) to include a stay on the part of both parties from contacting putative class members relative to this action for a period of ninety (90) days. This order remains in effect until 11/30/2016 without prejudice to the right of defendant to apply for an extension of the stay. This sunset provision shall not affect the June 3, 2016 #110 order as it relates to a stay of other discovery, which will remain in effect until further order of the court. Authorized by Magistrate Judge David E. Peebles on 9/28/2016. (sal )
September 22, 2016	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 9/22/2016. Parties discuss the status of the case, including the stay on the part of both parties from contacting putative class members relative to this action. After a discussion, Judge Peebles extends the stay to 11/30/16. A telephone conference will be scheduled after a decision is rendered in the pending motion. APP: Elmer Keach, III, Esq., Gary Mason, Esq., Nicholas Migliaccio, Esq., Jason Rathod, Esq., Gary Graifman, Esq., Jay Brody, Esq., Jennifer Goldstein, Esq., Alan Pope, Esq., and Stephen D'Aunoy, Esq. (cam, )
July 27, 2016	TEXT Minute Entry for proceedings held on the record by telephone before Magistrate Judge David E. Peebles: Telephone Conference held on 7/27/2016 regarding plaintiff's #141 letter motion. After a lengthy discussion with counsel, Magistrate Judge Peebles gives plaintiff's counsel permission to file a letter motion objecting to the confidential designation, which must follow paragraph 4 of the confidentiality order. Dkt. No. #40 . Judge Peebles encourages the parties to continue this dialogue and try to resolve the dispute on their own. APP: Elmer Keach, III, Esq., Daniel Calvert, Esq., Nicholas Migliaccio, Esq., Jason Rathod, Esq., Gary Graifman, Esq., Jay Brody, Esq., Jennifer Goldstein, Esq., Alan Pope, Esq., and Stephen D'Aunoy, Esq.. (Court Reporter Diane Martens). (sal)
July 22, 2016	Filing 142 TEXT ORDER granting #141 Letter Request for a conference with the court. A Telephone Conference is set for 7/27/2016 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620 or provide all counsel and the court with a call-in number and passcode. At least 24 hours prior to the conference plaintiffs' counsel shall prepare and forward to defendants' counsel a list of all materials and search terms it proposes to disclose to Schrader-Bridgeport International, Inc. pursuant to the order of Magistrate JUDGE Elizabeth A. Stafford. The parties must then confer and discuss any objections of the defendants in an effort to resolve or narrow the issues to be presented to the court. The parties are reminded of their obligation under Rule 1 of the Federal Rules of Civil Procedure, as recently amended, and this court's expectation that discovery in this case will be conducted professionally, civilly, efficiently, and proportionately. Authorized by Magistrate Judge David E. Peebles on 7/22/16. (sal )
July 22, 2016	Filing 141 Letter Motion from Elmer Keach for Robert Tomassini requesting Discovery Conference submitted to Judge David E. Peebles . (Attachments: #1 Exhibit(s) A -- Order of USDC, Eastern District of Michigan, #2 Exhibit(s) B -- Letter regarding sharing search terms with Schrader, #3 Exhibit(s) C -- Email between counsel)(Keach, Elmer)
July 15, 2016	Filing 140 NOTICE by FCA US LLC No sanction motion to be filed (Pope, Alan)
July 12, 2016	Filing 139 ***SEALED RESPONSE to Plaintiff's Counter-Statement of Material Facts in Dispute (Un-Redacted copy of #137 ) by FCA US LLC. (ban) (Additional attachment(s) added on 7/12/2016: #1 Cover Letter) (ban, ).
July 7, 2016	Filing 138 TEXT ORDER granting #136 Letter Request for leave to file under seal an unredacted version of #137 Response to Plaintiff's Counter-Statement of Material Facts. The Unredacted version of docket entry no. 137 shall be filed under seal. Defendant FCA US LLC is directed to provide a paper copy and a PDF copy of the Unredacted Response, to Judge D'Agostino's chambers for filing under seal. Signed by U.S. District Judge Mae A. D'Agostino on 7/7/2016. (ban)
June 24, 2016	Filing 137 REDACTED STATEMENT OF MATERIAL FACTS re #84 MOTION for Summary Judgment Counter-statement of material facts in dispute filed by FCA US LLC. (Pope, Alan) Modified on 7/6/2016 (ban).
June 24, 2016	Filing 136 Letter Motion from Alan J. Pope for FCA US LLC requesting leave to file under seal an unredacted version of its Response to Plaintiff's Counter-Statement of Material Facts in Dispute submitted to Judge D'Agostino . (Pope, Alan)
June 24, 2016	Filing 135 REPLY in Support re #85 MOTION to Dismiss MOTION to exclude from the putative class owners of vehicles on which no tire valve stems has corroded filed by FCA US LLC. (Attachments: #1 Exhibit(s) Exhibit A)(Pope, Alan)
June 24, 2016	Filing 134 REPLY in Support re #84 MOTION for Summary Judgment filed by FCA US LLC. (Pope, Alan)
June 23, 2016	Filing 131 TEXT ORDER denying #96 Letter Request; denying #125 Letter Request: It is hereby ORDERED that the protective order previously entered by Magistrate Judge Peebles on December 11, 2015 will remain controlling. Signed by U.S. District Judge Mae A. D'Agostino on 6/23/2016. (ban)
June 22, 2016	Filing 133 ***SEALED EXHIBITS 1-12, 14, 16-17 to #116 Affidavit in Opposition by Robert Tomassini. (ban)
June 22, 2016	Filing 132 ***SEALED Exhibits 1-7 to #121 Affidavit in Opposition to Motion to Exclude Class Members by Robert Tomassini. (ban)
June 22, 2016	TEXT Minute Entry for proceedings held on the record by telephone before Magistrate Judge David E. Peebles: Telephone Conference held on 6/22/2016. Due to timing, the parties have not been able to confer regarding the outstanding issue as detailed in plaintiff's #115 letter motion, defendant's #126 response in opposition, and plaintiff's #129 letter in support of motion. After discussing this issue further with Magistrate Judge Peebles, the parties will confer further. If the parties reach impasse, then the following briefing schedule is as follows: defendant's motion is due by 7/15/2016, plaintiff's response is due by 8/5/2016 (plaintiff's counsel intends to file a cross-motion for sanctions, which is permitted by Judge Peebles), defendant's response to the cross-motion is due by 8/19/2016, and an in-person motion hearing is set for 8/31/2016 at 10:00 AM in Syracuse before Magistrate Judge Peebles. Judge declines the request to temporarily prohibit plaintiff from filing any further class actions. APP: Elmer Keach, III, Esq., Gary Mason, Esq., Daniel Calvert, Esq., Nicholas Migliaccio, Esq., Jason Rathod, Esq., Gary Graifman, Esq., and Jay Brody, Esq. for Pltf.. Alan Pope, Esq., and Stephen D'Aunoy, Esq. for Deft.. (Court Reporter Eileen McDonough). (sal ) Modified conference date on 8/2/2016 (sal ).
June 22, 2016	Filing 130 Letter Motion from Elmer Keach for Robert Tomassini requesting Advising Court of Delivery of Unredacted Motion Papers to Chambers submitted to Judge Mae A. D'Agostino . (Keach, Elmer)
June 21, 2016	Filing 129 Letter from Alan J. Pope for FCA US LLC to Magistrate Judge Peebles attaching an additional exhibit in support of his #115 letter motion requesting Conference regarding potential motion seeking sanctions against Plaintiff's counsel for violation of this Court's Stipulated Protective Order Regarding Confidentiality and Return of Documents . (Attachments: #1 Exhibit(s))(Pope, Alan) Modified on 6/22/2016 to indicate this is a letter and not a letter motion (sal, ).
June 21, 2016	Filing 128 ***SEALED DOCUMENT : Plaintiff's unredacted version of Exhibit A to plaintiff's #126 response in opposition to defendant's #115 letter motion requesting a court conference to discuss FCA US's contemplated motion seeking sanctions for violation of this Court's Stipulated Protective Order Regarding Confidentiality and Return Documents is filed under seal. (sal ) (sal, ).
June 21, 2016	Filing 127 TEXT ORDER : Plaintiff's counsel, Elmer Robert Keach, III, Esq., has requested to file the unredacted version of Exhibit A to plaintiff's #126 response in opposition to defendant's #115 letter motion requesting a court conference to discuss FCA US's contemplated motion seeking sanctions for violation of this Court's Stipulated Protective Order Regarding Confidentiality and Return Documents under seal. This request is GRANTED and the clerk is directed to file this document under seal. Authorized by Magistrate Judge David E. Peebles on 6/21/16. (sal)
June 21, 2016	Filing 126 RESPONSE in Opposition to defendant's #115 letter motion requesting a court conference to discuss FCA US's contemplated motion seeking sanctions for violation of this Court's Stipulated Protective Order Regarding Confidentiality and Return Documents filed by Robert Tomassini. (Attachments: #1 Exhibit(s) A -- Letter to FCA US Regarding Massachusetts Claims, #2 Exhibit(s) B -- Letter to Plaintiff's Counsel from D'Aunoy, #3 Exhibit(s) C -- Letter to D'Aunoy from Plaintiff's Counsel)(Keach, Elmer) Modified on 6/21/2016 to indicate this is a response and not a letter motion (sal ).
June 21, 2016	Filing 125 Letter Motion from Elmer Keach for Robert Tomassini requesting Ruling from the Court Regarding Need to File Summary Judgment Papers Under Seal Under Lugosch submitted to Judge Mae D'Agostino . (Keach, Elmer)
June 20, 2016	Filing 124 TEXT ORDER granting #115 Letter Request. A Telephone Conference is set for 6/22/2016 at 4:00 PM before Magistrate Judge David E. Peebles. Defendant's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620, or provide the court and all counsel with a call-in number and passcode. Authorized by Magistrate Judge David E. Peebles on 6/20/16. (sal)
June 17, 2016	Filing 123 CERTIFICATE OF SERVICE by Robert Tomassini re #121 Affidavit in Opposition to Motion,, #122 Memorandum of Law (Keach, Elmer)
June 17, 2016	Filing 122 MEMORANDUM OF LAW re #85 Motion to Dismiss,, Motion for Miscellaneous/Other Relief, Memorandum of Law in Opposition to Motion to Dismiss filed by Robert Tomassini. (Keach, Elmer)
June 17, 2016	Filing 121 AFFIDAVIT in Opposition re #85 MOTION to Dismiss MOTION to exclude from the putative class owners of vehicles on which no tire valve stems has corroded filed by Robert Tomassini. (Keach, Elmer) (Additional attachment(s) added on 6/8/2017: #8 Exhibit(s) 1 - FCA Change Notice Worksheet, #9 Exhibit(s) 2 - TPMS Cairs Spreadsheet, #10 Exhibit(s) 3 - Plaintiff's Rebuttal Expert Report, #11 Exhibit(s) 4 - Plaintiff's Rebuttal Expert Report) (ban). (Additional attachment(s) added on 6/14/2017: #12 Exhibit(s) 5 - Expert Report of David R. McLellan in Connection with Plaintiff's Motion for Class Certification, #13 Exhibit(s) 6 - Expert Report of Gregory A. Pinsonneault, #14 Exhibit(s) 7 - Declaration of Steven P. Gaskin) (ban). Modified on 6/14/2017 (ban).
June 17, 2016	Filing 120 CERTIFICATE OF SERVICE by Robert Tomassini re #118 Statement of Material Facts, #116 Affidavit in Opposition to Motion,,,,,, #117 Statement of Material Facts, #119 Memorandum of Law (Keach, Elmer)
June 17, 2016	Filing 119 MEMORANDUM OF LAW re #84 Motion for Summary Judgment, Plaintiff's Memorandum of Law In Opposition to Defendant's Motion for Summary Judgment filed by Robert Tomassini. (Keach, Elmer)
June 17, 2016	Filing 118 STATEMENT OF MATERIAL FACTS re #84 MOTION for Summary Judgment Plaintiff's Counter-Statement of Material Fact filed by Robert Tomassini. (Keach, Elmer)
June 17, 2016	Filing 117 STATEMENT OF MATERIAL FACTS re #84 MOTION for Summary Judgment Plaintiff's Response to Defendant FCA's Statement of Material Facts filed by Robert Tomassini. (Keach, Elmer)
June 17, 2016	Filing 116 AFFIDAVIT in Opposition re #84 MOTION for Summary Judgment filed by Robert Tomassini. (Additional attachment(s) added on 6/8/2017: #1 Exhibit(s) 1 - TG1C AL 2011 versus AL 6061, #2 Exhibit(s) 2 0 Forever Requirement Summary, #3 Exhibit(s) 3 - Docs Prod by Continental (email from Continental to FCA), #4 Exhibit(s) 4 - Email to-from FCA entitled Tire Pressure Sensor) (Keach, Elmer)(ban). Modified on 6/8/2017 (ban). (Additional attachment(s) added on 6/8/2017: #5 Exhibit(s) 5- FCA Materials Engineering Lab Report, #6 Exhibit(s) 6 - FCA Materials Engineering Laboratory Report, #7 Exhibit(s) 7 - FCA CAIR Reports, #8 Exhibit(s) 8 - Declaration of Robert Thomassini, #9 Exhibit(s) 9 - Plaintiff's Expert Report, Intertek Industry Services, #10 Exhibit(s) 10 - Plaintiff's Expert Report, Richard Lynch, #11 Exhibit(s) 11- CAIR Report, Plaintiff Robert Tomassini) (ban, ). (Additional attachment(s) added on 6/8/2017: #12 Exhibit(s) 12 - Plaintiff's Expert Report, David McLellan, #13 Exhibit(s) 13 - Deposition of Plaintiff Robert Tomassini, #14 Exhibit(s) 14 - Plaintiff's Rebuttal Expert Report, Richard Lynch, #15 Exhibit(s) 15 - Declaration of Nicholas Migliaccio Pursuant to FRCP 56(d), #16 Exhibit(s) 16 - Plaintiff's Expert Report, Gregory Pinsonneault, #17 Exhibit(s) 17 - Declaration of Plaintiff's Expert Steven Gaskin, #18 Exhibit(s) 18 - Carfax Report, Plaintiff's Vehicle) (ban). Modified on 6/8/2017 (ban) - Documents UNSEALED pursuant to Judge D'Agostino's 1/6/17 MDO [dkt # 158].
June 17, 2016	Filing 115 Letter Motion from Alan J. Pope for FCA US LLC requesting that the Court schedule a conference to discuss FCA US's contemplated motion seeking sanctions for violation of this Court's Stipulated Protective Order Regarding Confidentiality and Return Documents submitted to Judge Peebles . (Pope, Alan)
June 9, 2016	Filing 114 TRANSCRIPT REQUEST by FCA US LLC for proceedings held on 6/8/2016 before Judge Peebles.. (Pope, Alan)
June 9, 2016	Filing 113 TEXT ORDER: The court deems the June 3, 2016 Order (Dkt. No. #110 ) to include a stay on the part of both parties from contacting putative class members relative to this action for a period of ninety (90) days. This order will remain in effect ninety (90) days without prejudice to the right of defendant to apply for an extension of the stay. The ninety (90) day sunset provision shall not affect the June 3, 2016 #110 order as it relates to a stay of other discovery, which will remain in effect until further order of the court. Authorized by Magistrate Judge David E. Peebles on 6/9/16. (sal )
June 8, 2016	TEXT Minute Entry for proceedings held on the record by telephone before Magistrate Judge David E. Peebles: Telephone Conference held on 6/8/2016 re defendant's #111 letter motion for clarification of the court's 6/3/2016 order (Dkt. No. #110 ). The parties would like clarification as to whether or not the stay of discovery precludes plaintiff from contacting putative class members. A companion case is anticipated to be filed in the EDNY. Magistrate Judge Peebles hears oral argument from counsel. Judge Peebles will issue a text order as follows: The court deems the June 3, 2016 Order (Dkt. No. #110 ) to include a stay on the part of both parties from contacting putative class members relative to this action for a period of ninety (90) days. This order will remain in effect ninety (90) days without prejudice to the right of defendant to apply for an extension of the stay. The ninety (90) day sunset provision shall not affect the June 3, 2016 #110 order as it relates to a stay of other discovery, which will remain in effect until further order of the court. APP: Elmer Keach, III, Esq., Jason Rathod, Esq., Nicholas Migliaccio, Esq., Jay Brody, Esq., Alan Pope, Esq., and Stephen D'Aunoy, Esq.. (Court Reporter Diane Martens). (sal)
June 8, 2016	Filing 112 TRANSCRIPT REQUEST by FCA US LLC for proceedings held on 6/2/2016 before Judge Peebles.. (Pope, Alan)
June 8, 2016	Filing 111 Letter Motion from Alan J. Pope for FCA US LLC requesting the Court's assistance in resolving a discovery dispute that has arisen regarding the Court's June 3, 2016 Order staying all discovery. submitted to Judge Peebles . (Pope, Alan)
June 3, 2016	Filing 110 ORDER denying #89 Letter Request, ; granting #99 Motion to Stay. Defendant's motion for a stay of discovery in the action, pending a decision from District Judge Mae A. D'Agostino in connection with the two dispositive motions currently before her (Dkt. No. 99), is GRANTED. All discovery in this action, with the exception of currently ongoing efforts in the Eastern District of Michigan to enforce a subpoena against a third-party, which may go forward notwithstanding this order, is hereby STAYED pending further order of the court. As a condition of this stay, defendant's counsel is instructed to ensure that all reasonable efforts are made to preserve records, including electronically stored information, that may be relevant to the claims and defenses in this action and are within the possession, custody or control of the defendant, and is hereby advised that, in the event of any showing of spoliation, the court will consider the issuance of severe sanctions. Plaintiff's motion for an order compelling discovery (Dkt. No. 89) is DENIED, without prejudice, as moot. Signed by Magistrate Judge David E. Peebles on June 3, 2016. (khr)
June 2, 2016	Filing 109 ORDER granting #88 Letter Request. Defendant's motion for a protective order (Dkt. No. 88) is GRANTED, in part, subject to the following conditions, which shall govern all communications by representatives of either party with putative class members. Whenever counsel for a party contacts an individual on the List, counsel must inform the individual that he or she is an attorney and identify the party he or she represents. Counsel must also ask if the individual is represented by an attorney in or related to this matter. If the individual is represented by an attorney in or related to this matter, does not wish to engage in discussion with counsel, or would like to first consult an attorney, all communications with the individual must cease. The parties must keep a record of all individuals on the List with whom they have communicated prior to class certification. The parties may not divulge confidential information, as defined in the court's stipulated protective order regarding confidentiality and return of documents (Dkt. No. 40), during their communications with individuals on the List. In accordance with the Rules of Professional Conduct, plaintiff may not use the List to solicit individuals to join this litigation. All communications with putative class members shall be conducted by the parties in accordance with American Bar Association Formal Opinion 07-445 (2007). Signed by Magistrate Judge David E. Peebles on June 2, 2016. (khr)
June 2, 2016	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Motion Hearing held on 6/2/2016 re #88 Letter Motion from Alan J. Pope, Esq. for FCA US LLC requesting the Court enter a protective order governing contacts with putative class members filed by FCA US LLC, #99 MOTION to Stay Discovery filed by FCA US LLC, and #89 Letter Motion filed by Robert Tomassini. After hearing oral argument from counsel, defendant's #88 motion for a protective order is GRANTED, in part, subject to the conditions outlined during this proceeding. Defendants' #99 motion for a stay of discovery in the action, pending a decision from Judge Mae A. D'Agostino in connection with the two dispositive motions currently before her is GRANTED. All discovery in this action, with the exception of currently ongoing efforts in the Eastern District of Michigan to enforce a subpoena against a third-party, which may go forward notwithstanding this order, is hereby stayed pending further order of the court. As a condition of the stay defendants' counsel is instructed to ensure that all reasonable and adequate efforts are made to preserve records, including electronically stored information, that may be relevant to the claims and defenses in this action and are within the possession, custody or control of the defendant, and is hereby advised that in the event of any showing of spoliation the court will consider the issuance of severe sanctions. Plaintiff's #89 motion to compel is DENIED without prejudice at this time. An order memorializing this bench ecision will be issued shortly. APP: Elmer Keach, III, Esq., Jason Rathod, Esq., Nicholas Migliaccio, Esq., Alan Pope, Esq., Stephen D'Aunoy, Esq., and Jay Brody, Esq.. (Court Reporter Diane Martens). (sal )
June 2, 2016	Filing 108 NOTICE of Appearance by Jay I. Brody on behalf of All Plaintiffs (Attachments: #1 Affidavit of Service)(Brody, Jay)
May 26, 2016	Filing 107 RESPONSE in Opposition re #99 MOTION to Stay Discovery With Certificate of Service filed by Robert Tomassini. (Keach, Elmer)
May 25, 2016	TEXT NOTICE of Hearing on Motion #99 to Stay Discovery : Per the Text Order issued by Magistrate Judge Peebles on 5/16/2016 (Dkt. No. 94 ), Plaintiff's Response to Defendant's Motion to Stay Discovery is due by 5/26/2016. The Motion Hearing remains set for 6/2/2016 at 10:00 AM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL BE HEARD AND APPEARANCES ARE REQUIRED. (sal)
May 24, 2016	Filing 106 REPLY to Response to Motion re #88 Letter Motion from Alan J. Pope, Esq. for FCA US LLC requesting the Court enter a protective order governing contacts with putative class members submitted to Judge David E. Peebles Request for consideration as letter reply filed by FCA US LLC. (Pope, Alan)
May 24, 2016	Filing 105 ***SEALED DOCUMENT. Exhibit D and E in Support of Defendant's #97 Response in Opposition to Plaintiff's #89 Letter Motion to Compel Discovery are filed under seal (Attachments: #1 Exhibit E) (khr) Modified on 5/25/2016 (sal ).
May 23, 2016	Filing 104 Cover Letter from Alan Pope regarding sealed exhibits. (khr)
May 20, 2016	Filing 103 TEXT ORDER granting in part #96 Letter Motion from Elmer Keach for Robert Tomassini requesting Extension of Motions Return dates and Deadlines: It is hereby ORDERED that Plaintiff's Request for a 29 day adjournment of the Return date and response/reply deadlines re #84 Motion for Summary Judgment and #85 Motions to Exclude is GRANTED. The Return dates re #84 Motion for Summary Judgment and #85 Motion to Exclude are reset for July 5, 2016 (ON SUBMIT) before Judge D'Agostino; Response papers are due 6/17/16; Reply papers due 6/24/16. No personal appearances are necessary. The Motions will be decided on the submission of the papers only. Signed by U.S. District Judge Mae A. D'Agostino on 5/20/16. (ban)
May 20, 2016	Filing 102 RESPONSE to Motion re #96 Letter Motion from Elmer Keach for Robert Tomassini requesting Extension of Time to Respond to Motions for Summary Judgment and to Exclude Class Members, and for Adjournment of Return Date submitted to Judge Mae A. D'Agostino filed by FCA US LLC. (Attachments: #1 Exhibit(s) A)(Pope, Alan)
May 20, 2016	Reset Deadlines as to #85 MOTION to Dismiss MOTION to exclude from the putative class owners of vehicles on which no tire valve stems has corroded , #84 MOTION for Summary Judgment . The Return dates are reset for July 5, 2016 (ON SUBMIT) before Judge D'Agostino; Response papers are due 6/17/16; Reply papers due 6/24/16. No personal appearances are necessary. The Motions will be decided on the submission of the papers only. (ban, )
May 19, 2016	Filing 101 RESPONSE In Opposition to Defendant's #88 Letter Motion for a Protective Order Regarding Class Counsel's Contact with Putative Class Members filed by Robert Tomassini. (Attachments: #1 Exhibit(s) A -- Proposed Order)(Keach, Elmer) Modified on 5/25/2016 to indicate this is a response instead of a ltr. brf. (sal ).
May 19, 2016	Filing 100 TEXT ORDER granting #98 Letter Request. Defendants have permission to file Exhibits D and E under seal to its response to Plaintiff's Letter Motion (Dkt. No. 97). Authorized by Magistrate Judge David E. Peebles on 5/19/16. (cam, )
May 19, 2016	Filing 99 MOTION to Stay Discovery Motion Hearing set for 6/2/2016 10:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 5/16/2016 filed by FCA US LLC. (Attachments: #1 Memorandum of Law Memorandum of Law in Support of Motion to Stay Discovery, #2 Exhibit(s) Exhibit A to Memorandum of Law) Motions referred to David E. Peebles. (Pope, Alan)
May 19, 2016	Filing 98 Letter Motion from Alan J. Pope for FCA US LLC requesting to file under seal Exhibits D and E to its response to Plaintiff's Letter Motion dated May 6, 2016 submitted to Judge Peebles . (Pope, Alan)
May 19, 2016	Filing 97 RESPONSE in Opposition to Plaintiff's #89 Letter Motion to Compel Discovery filed by FCA US LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Pope, Alan) Modified on 5/25/2016 to link to proper motion (sal).
May 17, 2016	Filing 96 Letter Motion from Elmer Keach for Robert Tomassini requesting Extension of Time to Respond to Motions for Summary Judgment and to Exclude Class Members, and for Adjournment of Return Date submitted to Judge Mae A. D'Agostino . (Keach, Elmer)
May 17, 2016	Filing 95 ***SEALED DOCUMENT: Exhibits A, B, C, F, and G in support of plaintiff's #89 letter motion to compel production of discovery are filed under seal. (sal) (Additional attachment(s) added on 5/17/2016: #1 Exhibit B, #2 Exhibit C, #3 Exhibit F, #4 Exhibit G) (sal, ).
May 16, 2016	Filing 94 TEXT ORDER denying #93 letter request for a telephone conference, however, granting permission for defendant to file a motion to stay discovery on or before 5/19/2016. Plaintiff's response to this motion is due to be filed on or before 5/26/2016. All motions will be heard in person and together on 6/2/2016 at 10:00 AM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. Authorized by Magistrate Judge David E. Peebles on 5/16/16. (sal )
May 13, 2016	Filing 93 Letter Motion from Alan J. Pope for FCA US LLC requesting a conference with the Court to discuss entry of an order staying discovery in this case pending the outcome of two currently pending motions. submitted to Judge Peebles . (Pope, Alan)
May 12, 2016	TEXT NOTICE of Hearing on Plaintiff's #89 Letter Motion to Compel Discovery: Defendant's Response to this Motion is due to be filed on or before 5/19/2016. A Motion Hearing is set for 6/2/2016 at 10:00 AM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL BE HEARD AND APPEARANCES ARE REQUIRED. (sal)
May 9, 2016	Filing 92 TRANSCRIPT of Proceedings: Telephone Conference held on March 30, 2016 before Judge David E. Peebles, Court Reporter: Diane S. Martens, Telephone number: 315-234-8545. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/31/2016. Redacted Transcript Deadline set for 6/9/2016. Release of Transcript Restriction set for 8/8/2016. Notice of Intent to Redact due by 5/16/2016 (dm2, )
May 9, 2016	Filing 91 TEXT ORDER granting #90 Letter Request. Authorized by Magistrate Judge David E. Peebles on 5/9/16. (cam, )
May 6, 2016	Filing 90 Letter Motion from Elmer Keach for Robert Tomassini requesting Leave of Court to File Exhibits Under Seal Pursuant to Protective Order submitted to Judge David E. Peebles . (Keach, Elmer)
May 6, 2016	Filing 89 Letter Motion to Compel Production of Discovery by Robert Tomassini. (Attachments: #1 Exhibit(s) D -- Plaintiff's Initial Discovery Demands, #2 Exhibit(s) E -- FCA Discovery Responses)(Keach, Elmer) Modified on 5/12/2016 to change from a ltr. brf. to a ltr. mot. (sal ).
May 6, 2016	Filing 88 Letter Motion from Alan J. Pope, Esq. for FCA US LLC requesting the Court enter a protective order governing contacts with putative class members submitted to Judge David E. Peebles . (Pope, Alan)
May 6, 2016	TEXT NOTICE of Hearing on #88 Letter Motion from Alan J. Pope, Esq. for FCA US LLC requesting the Court enter a protective order governing contacts with putative class members : Plaintiff's Response to Motion is due by 5/19/2016, and is limited to ten pages. A Motion Hearing is set for 6/2/2016 10:00 AM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL BE HEARD AND APPEARANCES ARE REQUIRED. (sal,)
May 4, 2016	Filing 87 NOTICE of Change of Address by Gary E. Mason Effective Date 5/2/16 Old Address: 1625 Massachusetts Ave. NW 605 Washington DC 20036 New Address: 5101 Wisconsin Avenue NW Ste 305 Washington DC 20016 (Mason, Gary)
April 27, 2016	Filing 86 TEXT ORDER : As discussed during the telephone conference conducted on 4/26/2016, plaintiffs' request to extend the deadline to submit rebuttal expert reports by Dr. Lynch and Mr. Sullivan to May 23, 2016 is GRANTED. The class certification deadline and class certification motion filing deadline are stayed until further order of the court. Authorized by Magistrate Judge David E. Peebles on 4/27/16. (sal) Modified typo on 4/27/2016 (sal).
April 27, 2016	Filing 85 MOTION to Dismiss ( Reply to Response to Motion due by 5/27/2016.), MOTION to exclude from the putative class owners of vehicles on which no tire valve stems has corroded Motion Hearing set for 6/7/2016 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 5/23/2016 filed by FCA US LLC. (Attachments: #1 Memorandum of Law, #2 Affidavit) Motions referred to David E. Peebles. (Pope, Alan)
April 26, 2016	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 4/26/2016. The parties discuss status of their disagreement with respect to the protective order, plaintiffs' concerns regarding adequate discovery production by defendants, and plaintiffs' request for an adjournment from the scheduling order. The following briefing schedule for motions is set as follows: (1) with respect to the protective order, defendant's letter brief is due Friday, May 6, 2016, and is limited to ten pages; plaintiffs' response is due Thursday, May 19, 2016, and is limited to ten pages; and (2) with respect to the motion to compel, plaintiffs' motion is due by Friday, May 6, 2016, and defendants' response is due by Thursday, May 19, 2016. The court will hear oral argument in connection with those motions on June 2, 2016 at 10:00 AM, in person in Syracuse, New York. In addition, Judge Peebles grants plaintiffs' request to extend the deadline to submit rebuttal expert reports by Dr. Lynch and Mr. Sullivan to May 23, 2016. Judge Peebles stays the class certification deadline and class certification motion filing deadline. APP: Elmer R. Keach, III, Esq., Jason S. Rathod, Esq., Gary Mason, Esq., Jennifer Goldstein, Esq., Daniel C. Calvert, Esq., Nicholas A. Migliaccio, Esq., Gary S. Graifman, Esq., and Jay Brody, Esq., for plaintiffs, and Alan Pope, Esq., and Stephen A. D'Aunoy, Esq., for defendants. (sal) Modified typo on 4/27/2016 (sal ). Modified on 4/29/2016 (cam, ). Modified on 4/29/2016 (cam, ).
April 25, 2016	CLERK'S CORRECTION OF DOCKET ENTRY - Clerk replaced main document, Notice of Motion, with corrected version re #84 Motion for Summary Judgment. (sfp, )
April 22, 2016	Filing 84 MOTION for Summary Judgment Motion Hearing set for 6/7/2016 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 5/23/2016 Reply to Response to Motion due by 5/27/2016. filed by FCA US LLC. (Attachments: #1 Declaration, #2 Transcript, #3 Statement of Material Facts, #4 Memorandum of Law, #5 Affidavit) (Pope, Alan) (Main Document 84 replaced on 4/25/2016) (sfp, ).
April 22, 2016	Filing 83 TEXT ORDER granting #82 Motion to Withdraw as Attorney for Defendant by John W. Rogers. Attorney John W. Rogers terminated as counsel. Authorized by Magistrate Judge David E. Peebles on 4/22/16. (sal )
April 21, 2016	Filing 82 MOTION to Withdraw as Attorney for John W. Rogers filed by FCA US LLC. Motions referred to David E. Peebles. (Pope, Alan)
April 20, 2016	Filing 81 RESPONSE to Motion re #79 Letter Motion from Gary S. Graifaman for Robert Tomassini requesting Discovery and Status Conference and Extension of the Expert Rebuttal Report and Class Certification Discovery Deadlines submitted to Judge David E. Peebles filed by FCA US LLC. (Pope, Alan)
April 20, 2016	Filing 80 TEXT ORDER granting #78 and #79 letters requesting a conference with the court. This issues raised in these letters will be discussed during a telephone conference, which is scheduled for 4/26/2016 at 2:30 PM before Magistrate Judge David E. Peebles. Defendant's counsel is directed to initiate the call to Chambers at (315) 234-8620 or provide the court and all counsel with a call-in number and passcode. Authorized by Magistrate Judge David E. Peebles on 4/20/16. (sal )
April 19, 2016	Filing 79 Letter Motion from Gary S. Graifaman for Robert Tomassini requesting Discovery and Status Conference and Extension of the Expert Rebuttal Report and Class Certification Discovery Deadlines submitted to Judge David E. Peebles . (Graifman, Gary)
April 19, 2016	Filing 78 Letter Motion from Alan J. Pope for FCA US LLC requesting a conference to discuss the proposed protective order with the Court submitted to Judge Peebles . (Attachments: #1 Exhibit(s) A)(Pope, Alan)
April 13, 2016	Filing 77 TRANSCRIPT REQUEST by FCA US LLC for proceedings held on 3/30/2016 before Judge Peebles.. (Pope, Alan)
April 11, 2016	Filing 76 TEXT ORDER granting #75 Motion to Withdraw as Attorney for Plaintiff by Peter J. Cambs, Sr., Esq.. Authorized by Magistrate Judge David E. Peebles on 4/11/16. (sal)
April 8, 2016	Filing 75 MOTION to Withdraw as Attorney filed by Robert Tomassini. Motions referred to David E. Peebles. (Cambs, Peter)
April 7, 2016	Filing 74 TEXT ORDER granting #73 Motion for Limited Admission Pro Hac Vice of Daniel Calvert, Esq. for Robert Tomassini. Authorized by Magistrate Judge David E. Peebles on 4/7/16. (sal)
April 5, 2016	Filing 73 MOTION for Limited Admission Pro Hac Vice of Daniel Calvert Filing fee $100, receipt number 0206-3631350. filed by Robert Tomassini. Motions referred to David E. Peebles. (Mason, Gary)
April 4, 2016	Set Hearings: A Telephone Conference is set for 9/22/2016 at 3:00 PM before Magistrate Judge David E. Peebles. Defendant's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620, or provide the court and all counsel with a call-in number and passcode. (sal)
March 31, 2016	Filing 72 ORDER granting in part and denying in part #51 defendant's letter motion to compel discovery; and granting in part and denying in part #56 plaintiff's motion to compel discovery and to file class certification motion on public docket. Addressing the issue raised in the letter from defendant's counsel dated 3/31/2015 (Dkt. No. #71 ), the court hereby clarifies that nothing in this order or otherwise restricts defendant's right to contact members of the putative class, prior to class certification, provided that those communications are litigation neutral and do not alter the legal relationship between the defendant and the members of the putative class. No costs or attorney's fees are awarded to either party in connection with the pending motions. Signed by Magistrate Judge David E. Peebles on 3/31/16. (sal )
March 31, 2016	Filing 71 Letter Motion from Alan J. Pope for FCA US LLC requesting Disclosure of customer names submitted to Judge Peebles . (Pope, Alan)
March 30, 2016	TEXT Minute Entry for proceedings held on the record by telephone before Magistrate Judge David E. Peebles: Motion Hearing held on 3/30/2016 re #51 Letter Motion to Compel Discovery filed by FCA US LLC, and #56 Motion to Compel and For Leave to File Documents in Support of Motion for Class Certification on the Court's Public Docket filed by Robert Tomassini. After hearing oral argument from counsel, Judge GRANTS in part and DENIES in part defendant's #51 letter motion to compel discovery. With respect to plaintiff's #56 motion to compel and for leave to file documents in support of motion for class certification on the court's public docket. An order memorializing this bench ruling will be issued shortly. APP: Elmer Keach, III, Esq., Jason Rathod, Esq., Jay Brody, Esq., Nicholas Migliaccio, Esq., Alan Pope, Esq., and Stephen D'Aunoy, Esq.. (Court Reporter Diane Martens). (sal )
March 30, 2016	Reset Hearings: Due to a conflict with Magistrate Judge Peebles' schedule, the on the record Telephone Conference set for 3/30/2016 at 11:00 AM is rescheduled for 4:15 PM today before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )
March 28, 2016	Filing 70 ***SEALED DOCUMENT: Defendant's unredacted response in opposition to plaintiff's #56 motion to compel defendant to provide further responses to plaintiff's discovery demands and alternative motion for cost-shifting, together with Exhibit A - Declaration of Stephen A. D'Aunoy (redacted version at Dkt. No. #65 ), and defendant's unredacted response in opposition to plaintiff's #56 motion to file his class certification motion and related exhibits on the public docket, together with Exhibit A - Declaration of Earl J. Bibb (redacted version at Dkt. No. #66 ) are filed under seal. (sal) (Additional attachment(s) added on 3/28/2016: #1 Exhibit A to Deft's. Response in Opposition to Pltf's. Motion to Compel, #2 Unredacted Response in Opposition to Mot. to file Class Certification Motion, #3 Exhibit A to Deft's. Response in Opposition to Pltf's. Mot. to File Class Certification Motion) (sal, ).
March 28, 2016	Filing 69 TEXT ORDER granting #67 Letter Request to file under seal defendant's unredacted response in opposition to plaintiff's #56 motion to compel defendant to provide further responses to plaintiff's discovery demands and alternative motion for cost-shifting, together with Exhibit A - Declaration of Stephen A. D'Aunoy (redacted version at Dkt. No. #65 ), and defendant's unredacted response in opposition to plaintiff's #56 motion to file his class certification motion and related exhibits on the public docket, together with Exhibit A - Declaration of Earl J. Bibb (redacted version at Dkt. No. #66 ). Authorized by Magistrate Judge David E. Peebles on 3/29/16. (sal)
March 25, 2016	Filing 68 RESPONSE in Opposition to Defendant's #51 Motion to Compel filed by Robert Tomassini. (Keach, Elmer) Modified on 3/28/2016 to indicate this is a response and not a ltr. brf. (sal ).
March 25, 2016	Filing 67 Letter Motion from Alan Pope for FCA US LLC requesting Documents file under seal submitted to Judge Peebles . (Pope, Alan)
March 25, 2016	Filing 66 RESPONSE in Opposition re #56 MOTION to Compel and For Leave to File Documents in Support of Motion for Class Certification on the Court's Public Docket filed by FCA US LLC. (Attachments: #1 Exhibit(s) A)(Pope, Alan)
March 25, 2016	Filing 65 RESPONSE in Opposition re #56 MOTION to Compel and For Leave to File Documents in Support of Motion for Class Certification on the Court's Public Docket filed by FCA US LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Pope, Alan)
March 23, 2016	Filing 64 ***SEALED DOCUMENT: Plaintiff's Exhibits 13 and 14 in support of plaintiff's #56 Motion to Compel for relief from the Court's Protective Order, as it relates to the plaintiff's prospective Motion for Class Certification, are filed under seal. (sal ) (Additional attachment(s) added on 3/23/2016: #1 Exhibit 14) (sal, ).
March 23, 2016	Filing 63 TEXT ORDER granting plaintiff's #62 letter request to file under seal Exhibits 13 and 14 that are in support of plaintiff's #56 Motion to Compel for relief from the Court's Protective Order, as it relates to the plaintiff's prospective Motion for Class Certification. Authorized by Magistrate Judge David E. Peebles on 3/23/16. (sal )
March 22, 2016	Filing 62 Letter Motion from Elmer Keach for Robert Tomassini requesting Submitting Additional Exhibits to the Court Relative to Pending Motion for Relief from Protective Order, and Requesting That These Documents be Filed Under Seal submitted to Judge David E. Peebles . (Keach, Elmer)
March 15, 2016	Filing 61 ***SEALED DOCUMENT : Plaintiff's unredacted Memorandum of Law and Exhibits 4, 5, 6, 11, and 12 in support of plaintiff's #56 Motion to Compel and For Leave to File Documents in Support of Motion for Class Certification on the Court's Public Docket are filed under seal. (sal, ) (Additional attachment(s) added on 3/15/2016: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6, #4 Exhibit 11, #5 Exhibit 12) (sal, ).
March 15, 2016	Filing 60 TEXT ORDER granting plaintiff's #55 letter request to seal the unredacted Memorandum of Law and Exhibits 4, 5, 6, 11, and 12 in support of plaintiff's #56 Motion to Compel and For Leave to File Documents in Support of Motion for Class Certification on the Court's Public Docket. Authorized by Magistrate Judge David E. Peebles on 3/15/16. (sal )
March 14, 2016	TEXT NOTICE of Hearing on Motion #56 to Compel and For Leave to File Documents in Support of Motion for Class Certification on the Court's Public Docket : Defendant's Response to Motion is due by 3/25/2016. An on the record telephone conference is set for 3/30/2016 at 11:00 AM. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )
March 11, 2016	Filing 59 CERTIFICATE OF SERVICE by Robert Tomassini re #56 MOTION to Compel and For Leave to File Documents in Support of Motion for Class Certification on the Court's Public Docket, #57 Affidavit in Support of Motion,,, #58 Memorandum of Law (Keach, Elmer)
March 11, 2016	Filing 58 MEMORANDUM OF LAW re #56 Motion to Compel, filed by Robert Tomassini. (Keach, Elmer)
March 11, 2016	Filing 57 AFFIDAVIT in Support re #56 MOTION to Compel and For Leave to File Documents in Support of Motion for Class Certification on the Court's Public Docket filed by Robert Tomassini. (Attachments: #1 Exhibit(s) 1 -- Plaintiff's Discovery Demands, #2 Exhibit(s) 2 -- Defendant's Document Response, #3 Exhibit(s) 3 -- Defendant's Response to Interrogatories, #4 Exhibit(s) 4 -- Filed Under Seal, #5 Exhibit(s) 5 -- Filed Under Seal, #6 Exhibit(s) 6 -- Filed Under Seal, #7 Exhibit(s) 7 -- Text Order, Hill v. County of Montgomery, #8 Exhibit(s) 8 - Order, Bruce v. County of Rensselaer, #9 Exhibit(s) 9 -- Bench Decision, Marriott v. County of Montgomery, #10 Exhibit(s) 10 -- Bench Decision, McDaniel v. County of Schenectady, #11 Exhibit(s) 11 -- Filed Under Seal, #12 Exhibit(s) 12 - Filed Under Seal)(Keach, Elmer)
March 11, 2016	Filing 56 MOTION to Compel and For Leave to File Documents in Support of Motion for Class Certification on the Court's Public Docket Motion Hearing set for 3/30/2016 11:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 3/14/2016 filed by Robert Tomassini. Motions referred to David E. Peebles. (Keach, Elmer)
March 11, 2016	Filing 55 Letter Motion from Elmer Keach for Robert Tomassini requesting Leave of Court to File Documents Under Seal submitted to Judge David E. Peebles . (Keach, Elmer)
March 7, 2016	Filing 54 TEXT ORDER granting #53 Motion for Limited Admission Pro Hac Vice of Sharon Beth Rosenberg, Esq. for defendant FCA US LLC, formerly known as Chrysler Group LLC. Authorized by Magistrate Judge David E. Peebles on 3/7/16. (sal )
March 3, 2016	Filing 53 MOTION for Limited Admission Pro Hac Vice of Sharon Beth Rosenberg, Esq. Filing fee $100, receipt number 0206-3593727. filed by FCA US LLC. Motions referred to David E. Peebles. (Pope, Alan)
March 3, 2016	Filing 52 TEXT ORDER : Defendant's #51 request for a telephone conference with the court is DENIED and counsel is reminded that, before filing a lengthy letter brief concerning outstanding discovery issues with the court, a party must first request a conference by filing a short letter simply indicating what the dispute is in a paragraph or less. A briefing schedule concerning defendant's #51 letter motion regarding outstanding discovery is set as follows: Plaintiff's Response to Defendant's Letter Motion is due to be filed on or before 3/25/2016. Oral argument is set by telephone for 3/30/2016 at 11:00 AM. Plaintiff's counsel is directed to initiate the call to Chambers. Authorized by Magistrate Judge David E. Peebles on 3/3/16. (sal)
March 2, 2016	Filing 51 Letter Motion from Alan Pope for FCA US LLC requesting Conference submitted to Judge Peebles . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Pope, Alan)
February 29, 2016	Filing 50 TEXT ORDER : Plaintiff is granted an extension of time to serve its expert report nunc pro tunc until 2/25/2016. Defendant's expert report must be disclosed on or before 4/8/2016. Rebuttal expert reports are due to be disclosed on or before 4/22/2016. All other deadlines remain the same. Authorized by Magistrate Judge David E. Peebles on 2/29/16. (sal)
February 25, 2016	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 2/25/2016. Judge notes that the parties are not communicating well regarding discovery in this action. Plaintiff's counsel indicates that preliminary expert reports have been provided to defendant's counsel, however, these may need to be supplemented. Judge grants plaintiff nunc pro tunc an extension of time to serve expert reports until today, 2/25/2016. Defendant is granted a ten day extension of its responsive expert report deadline and the rebuttal expert report deadline is also extended ten days. All other deadlines remain the same. If there is a need to supplement the expert report, then Judge Peebles will discuss this with the parties at that time. A briefing schedule is set regarding the remaining discovery issues as follows: plaintiff's brief is due by 3/11/2016, defendant's responsive letter brief is due by 3/25/2016, and an on the record telephone conference is set for 3/30/2016 at 11:00 AM. Plaintiff's counsel is directed to initiate the call to Chambers. The telephone conference set for 3/29/16 at 3:30 PM is cancelled. APP: Elmer Keach, III, Esq., Jason Rathod, Esq., Nicholas Migliaccio, Esq., Alan Pope, Esq., and Stephen D'Aunoy, Esq.. (sal)
February 19, 2016	Reset Hearings: Due to a conflict w/ Attorney Keach's schedule, the Telephone Conference set for 2/18/2016 is rescheduled for 2/25/2016 at 3:30 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )
February 18, 2016	Filing 49 NOTICE of Appearance by Gary E. Mason on behalf of Robert Tomassini (Mason, Gary)
February 16, 2016	Filing 48 RESPONSE to Motion re #46 Letter Motion from Elmer Keach for Robert Tomassini requesting Discovery and Status Conference with the Court, and Seeking Extension of Time to Provide Certain Expert Disclosures submitted to Judge David E. Peebles response to motion filed by FCA US LLC. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D)(Pope, Alan)
February 16, 2016	Filing 47 TEXT ORDER granting plaintiff's #46 Letter Request for a Telephone Conference, which is set for 2/18/2016 at 3:30 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 2/16/16. (sal )
February 15, 2016	Filing 46 Letter Motion from Elmer Keach for Robert Tomassini requesting Discovery and Status Conference with the Court, and Seeking Extension of Time to Provide Certain Expert Disclosures submitted to Judge David E. Peebles . (Keach, Elmer)
February 2, 2016	Filing 45 TEXT ORDER denying plaintiff's #44 letter request for a discovery conference. Plaintiff's counsel, however, has permission to file a motion under paragraph four of the #40 protective order challenging the designation of documents as confidential. Authorized by Magistrate Judge David E. Peebles on 2/2/16. (sal)
February 1, 2016	Filing 44 Letter Motion from Elmer Keach for Robert Tomassini requesting Discovery Conference with the Court submitted to Judge David E. Peebles . (Keach, Elmer)
January 13, 2016	Filing 43 TEXT ORDER: The court has reviewed plaintiffs' request for an extension of the current deadlines governing the case #41 , as well as defendant's opposition to the request #42 . Based on the finding of good cause, the deadlines are hereby extended as follows: (1) plaintiffs' expert report due 2/15/16, (2) defendant's expert report due 3/28/16, (3) rebuttal expert report due 4/11/16, (4) class certification and discovery deadline due 5/11/16, (5) plaintiffs' class certification motion due 6/10/16, (6) defendant's opposition due 7/22/16, and (7) plaintiffs' reply 8/19/16. These extensions will not affect the current deadlines for the completion of discovery related to the merits and the filing of dispositive motions. Authorized by Magistrate Judge David E. Peebles on January 13, 2016. (all)
January 12, 2016	Filing 42 RESPONSE in Opposition re #41 Contested Letter Motion from Elmer Keach for Robert Tomassini requesting Extension of Expert Disclosure Deadline submitted to Judge David E. Peebles Defendant Letter of Opposition filed by FCA US LLC. (Pope, Alan)
January 11, 2016	Filing 41 Contested Letter Motion from Elmer Keach for Robert Tomassini requesting Extension of Expert Disclosure Deadline submitted to Judge David E. Peebles . (Keach, Elmer)
December 15, 2015	TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 12/15/15. Parties discussed the status of discovery. Counsel discussed a possible discrepancy in the Uniform Pretrial Scheduling Order. After further review, MJ Peebles clarifies the motion filing deadline is 7/1/17 and any motion by plaintiff for class certification must be filed by 5/6/16. The next telephone conference is scheduled for 3/29/16 at 3:30 p.m. with defendants counsel to initiate the call. APP. Elmer Keach, Esq., Jason S. Rathod, Esq. Nicholas A. Migliaccio, Esq., Alan Pope, Esq. and Stephen A. D'Aunoy, Esq. (cam, )
December 15, 2015	Set/Reset Hearings: Telephone Conference set for 3/29/16 at 3:30 PM before Magistrate Judge David E. Peebles. Defendants' counsel is asked to initiate the call by dialing chambers at (315) 234-8620. (cam, )
December 11, 2015	Filing 40 ORDER Approving #39 Stipulated Protective Order Regarding Confidentiality and Return of Documents. Signed by Magistrate Judge David E. Peebles on 12/11/15. (sal )
December 11, 2015	Filing 39 Letter Motion for FCA US LLC requesting proposed revised Protective Order submitted to Judge David E. Peebles . (Pope, Alan)
December 11, 2015	CLERK'S CORRECTION OF DOCKET ENTRY: Document #35 Did not have at the top for the "Northern District of New York". (khr)
December 9, 2015	Filing 38 TEXT ORDER granting #37 Letter Request. The Telephone Conference set for 12/8/2015 at 4:00 PM is rescheduled for 12/15/2015 at 3:30 PM before Magistrate Judge David E. Peebles. Attorney Migliaccio is directed to initiate the conference call to Chambers, which can be reached at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 12/9/15. (sal)
December 9, 2015	Filing 37 Letter Motion from Elmer Robert Keach, III for Robert Tomassini requesting that Status Conference be Rescheduled submitted to Judge David E. Peebles . (Keach, Elmer)
December 9, 2015	Filing 36 Letter Motion for FCA US LLC requesting Proposed Protective Order submitted to Judge David E. Peebles . (Attachments: #1 Exhibit(s))(Pope, Alan)
December 9, 2015	Filing 35 NOTICE of Appearance by Gary S. Graifman on behalf of Robert Tomassini (Attachments: #1 Exhibit(s) Certificate of Service)(Graifman, Gary) (Main Document 35 replaced on 12/11/2015) (khr, ).
September 11, 2015	Filing 34 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Honorable David R. Homer has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Elmer Robert Keach, III and Stephen D'Aunoy. Dated: September 11, 2015(Keach, Elmer)
September 8, 2015	Filing 33 TEXT ORDER granting #32 letter request for an extension of time to select a mediator on or before 9/11/2015. Authorized by Magistrate Judge David E. Peebles on 9/8/15. (sal)
September 4, 2015	Filing 32 Letter Motion from Elmer Keach for Robert Tomassini requesting Extension of Time to File Designation Naming Mediator submitted to Judge David E. Peebles . (Keach, Elmer)
August 11, 2015	Set Hearings: A Telephone Conference is set for 12/8/2015 at 4:00 PM before Magistrate Judge David E. Peebles. Please note that the text minute entry incorrectly stated the conference was set for 12/8/2016, which is incorrect. Attorney Migliaccio is directed to initiate the conference call to Chambers, which can be reached at (315) 234-8620. (sal)
August 7, 2015	Filing 31 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 9/4/2015. Deadline for completion of Mandatory Mediation is 12/31/2016. Signed by Magistrate Judge David E. Peebles on 8/7/2015. (amt)
August 7, 2015	Filing 30 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 10 days. Preferred Trial Location: Binghamton. Joinder of Parties / Amended Pleadings due by 9/21/2015. Class Certification Discovery due by 4/8/2016. Merit Discovery due by 5/1/2017. Motions to be filed by 7/1/2017. Mandatory Mediation to be completed by 12/31/2016. Signed by Magistrate Judge David E. Peebles on 8/7/2015. (amt)
August 7, 2015	Filing 29 TEXT ORDER approving the parties' class certification motion briefing schedule. As discussed during the 8/7/2015 Rule 16 conference, Plaintiff's Motion/Opening Brief and Evidence to be filed by 5/6/2016. Defendant's Opposition Brief and Evidence to be filed by 6/20/2016. Plaintiff's Reply Brief to be filed by 7/20/2016. Authorized by Magistrate Judge David E. Peebles on 8/7/2015. (amt)
August 7, 2015	Minute Entry for proceedings held before Magistrate Judge David E. Peebles; Initial Rule 16 Conference held on 8/7/2015; App: E. Keach and N. Migliaccio, Esqs., for Pltfs; A. Pope and S. D'Aunoy, Esqs., for Defts; Deft to prepare protective if necessary; Pretrial deadlines are discussed and set; Separate Discovery schedules put in place for class certification issues and for merit discovery; Pretrial order to be issued; Court to issue text order approving the class certification motion briefing schedule; Telephone Conference set for 12/8/2015 at 04:00 PM before Magistrate Judge David E. Peebles. Attorney Migliaccio is directed to place the conference call. (amt) Modified date of conference from 12/8/2016 to 12/8/2015 on 8/11/2015 (sal, ).
July 30, 2015	Filing 28 CIVIL CASE MANAGEMENT PLAN by Robert Tomassini. (Keach, Elmer)
July 13, 2015	Filing 27 STIPULATION re #1 Notice of Removal, Plaintiff's Class Action Complaint by FCA US LLC submitted to Judge Mae A. D'Agostino. (Pope, Alan)
July 7, 2015	Filing 26 ANSWER to Complaint with Jury Demand by FCA US LLC.(Pope, Alan)
July 2, 2015	Filing 25 TEXT ORDER granting #24 Motion for Limited Admission Pro Hac Vice of Jason S. Rathod, Esq. for plaintiff Robert Tomassini. Authorized by Magistrate Judge David E. Peebles on 7/2/15. (sal, )
July 1, 2015	Filing 24 MOTION for Limited Admission Pro Hac Vice of Jason S. Rathod Filing fee $100, receipt number 0206-3337741. filed by Robert Tomassini. (Attachments: #1 Petition for Admission, #2 Affidavit of Sponsor, #3 E-Filing Registration Form, #4 Oath on Admission, #5 Certificate of Good Standing, #6 Proposed Order/Judgment) Motions referred to David E. Peebles. (Migliaccio, Nicholas)
June 24, 2015	***Answer due date updated for 7/7/2015 as to defendant FCA US LLC. (sal, )
June 24, 2015	Reset Deadlines/Hearings: An IN-PERSON Initial Conference is set for 8/7/2015 at 10:30 AM in Binghamton before Magistrate Judge David E. Peebles. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/30/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sal, )
June 23, 2015	Filing 23 MEMORANDUM-DECISION AND ORDER granting in part and denying in part #7 Motion to Dismiss for Failure to State a Claim: The Court hereby ORDERS that Defendant's motion to dismiss is GRANTED in part and DENIED in part; and the Court further ORDERS that Plaintiff's affirmative misrepresentation claim pursuant to N.Y.G.B.L. 349 and breach of express warranty claim are DISMISSED with prejudice; and the Court further ORDERS that Defendant's motion to strike the class allegations is DENIED; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decisionand Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 6/23/15. (ban)
January 22, 2015	Filing 22 AMENDED FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by FCA US LLC identifying Corporate Parent FCA North America Holdings LLC (f/k/a Fiat North America LLC) for FCA US LLC. (ban)
January 22, 2015	Filing 21 TEXT ORDER granting #20 Letter Request/Notice of Name Change: It is hereby ORDERED that defendant's request for a name change is granted. ORDERED that the new caption of case 3:14-cv-1226 MAD/DEP will be Robert Tomassini, on behalf of himself and others similarly situated vs. FCA US LLC, f/k/a Chrysler Group LLC. The Clerk is directed to make the change to the docket. Signed by U.S. District Judge Mae A. D'Agostino on 1/22/15. (ban)
January 20, 2015	Filing 20 Letter Motion from Alan J. Pope for Chrysler Group, LLC requesting Name Change of Defendant submitted to Judge Mae A. D'Agostino . (Attachments: #1 Exhibit(s))(Pope, Alan)
December 23, 2014	Filing 19 REPLY to Response to Motion re #7 MOTION to Dismiss for Failure to State a Claim filed by Chrysler Group, LLC. (Pope, Alan)
November 24, 2014	Filing 18 CERTIFICATE OF SERVICE by Robert Tomassini re #17 Response in Opposition to Motion (Keach, Elmer)
November 24, 2014	Filing 17 RESPONSE in Opposition re #7 MOTION to Dismiss for Failure to State a Claim filed by Robert Tomassini. (Keach, Elmer)
October 29, 2014	Filing 16 TEXT ORDER granting #15 Letter Motion from Elmer Robert Keach, III for Robert Tomassini requesting an Extension of Time to Respond to Motion to Dismiss and Entry of Briefing Schedule submitted to Judge D'Agostino filed by Robert Tomassini: Plaintiff's request for an extension of the response deadline is hereby Granted. The Motion return date is reset for January 6, 2015 (ON SUBMIT) before Judge D'Agostino; Response due 11/24/14; Reply due 12/26/14. Signed by U.S. District Judge Mae A. D'Agostino on 10/29/14. (ban)
October 29, 2014	Filing 15 Letter Motion from Elmer Robert Keach, III for Robert Tomassini requesting Extension of Time to Respond to Motion to Dismiss and Entry of Briefing Schedule submitted to Judge D'Agostino . (Keach, Elmer)
October 29, 2014	Reset Deadlines as to #7 MOTION to Dismiss for Failure to State a Claim : The Motion Hearing is reset for 1/6/2015 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino; Response to Motion due by 11/24/2014, Reply to Response to Motion due by 12/26/2014. (ban)
October 27, 2014	Filing 14 TEXT ORDER granting #10 Motion for Limited Admission Pro Hac Vice of Anthony D'Aunoy, Esq.; granting #11 Motion for Limited Admission Pro Hac Vice of John Woodson Rogers, Esq.; and granting #12 Motion for Limited Admission Pro Hac Vice of Kathy Ann Wisniewski, Esq. on behalf of Chrysler Group, LLC. Authorized by Magistrate Judge David E. Peebles on 10/27/14. (sal, )
October 27, 2014	Filing 13 TEXT ORDER granting #8 Motion for Limited Admission Pro Hac Vice of Jordan L. Chaikin, Esq. on behalf of Robert Tomassini. Authorized by Magistrate Judge David E. Peebles on 10/27/14. (sal, )
October 24, 2014	Filing 12 MOTION for Limited Admission Pro Hac Vice of Kathy Ann Wisniewski Filing fee $100, receipt number 0206-3087577. filed by Chrysler Group, LLC. (Attachments: #1 Affidavit, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s)) Motions referred to David E. Peebles. (Pope, Alan)
October 24, 2014	Filing 11 MOTION for Limited Admission Pro Hac Vice of John Woodson Rogers Filing fee $100, receipt number 0206-3087569. filed by Chrysler Group, LLC. (Attachments: #1 Affidavit, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s)) Motions referred to David E. Peebles. (Pope, Alan)
October 24, 2014	Filing 10 MOTION for Limited Admission Pro Hac Vice of Stephen Anthony D'Aunoy Filing fee $100, receipt number 0206-3087500. filed by Chrysler Group, LLC. (Attachments: #1 Affidavit, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s)) Motions referred to David E. Peebles. (Pope, Alan)
October 23, 2014	Filing 9 NOTICE of Appearance by Nicholas A. Migliaccio on behalf of Robert Tomassini (Migliaccio, Nicholas)
October 20, 2014	TEXT NOTICE TO COUNSEL: Due to the pending motion to dismiss, the in-person Rule 16 Conference set for 11/21/2014 at 10:00 AM in Binghamton before Magistrate Judge Peebles is adjourned without date. Depending on the outcome of this motion, the Rule 16 Conference will be rescheduled at a later date. (sal, )
October 17, 2014	Filing 8 MOTION for Limited Admission Pro Hac Vice of Jordan L. Chaikin Filing fee $100, receipt number 0206-3079980. filed by Robert Tomassini. Motions referred to David E. Peebles. (Cambs, Peter)
October 15, 2014	Filing 7 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 11/18/2014 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 11/3/2014 Reply to Response to Motion due by 11/7/2014. filed by Chrysler Group, LLC. (Attachments: #1 Memorandum of Law, #2 Declaration, #3 Exhibit(s), #4 Affidavit) (Pope, Alan)
October 10, 2014	***Answer due date updated for Chrysler Group, LLC; answer due 10/15/2014. (amt)
October 9, 2014	Filing 6 NOTICE of Admission Requirement as to Party plaintiff Tomassini; Attorney Nicholas Migliaccio, Phone number is (202) 429-2290. Admissions due by 10/23/2014. (tab)
October 9, 2014	Filing 5 NOTICE of Admission Requirement as to Party plaintiff Tomassini; Attorney Jordan Chaikin, Phone number is (239) 390-1000. Admissions due by 10/23/2014. (tab)
October 9, 2014	Filing 4 NOTICE of Admission Requirement as to Party Plaintiff Tomassini; Attorney Michael Braunstein, Esq. Phone number is (845) 356-2570. Admissions due by 10/23/2014. (tab)
October 8, 2014	Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/21/2014 10:00 AM in Binghamton before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/14/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (tab)
October 8, 2014	Filing 2 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Chrysler Group, LLC identifying Corporate Parent Fiat North America LLC for Chrysler Group, LLC. (tab)
October 8, 2014	Filing 1 NOTICE OF REMOVAL from the Supreme Court of New York State, County of Broome, case number CA2014002230 (Filing fee $400 receipt number 3071671) filed by Chrysler Group, LLC. (Attachments: #1 Exhibit(s) State Court Summons and Complaint, #2 Affidavit of Service of Notice of Removal, #3 Civil Cover Sheet)(tab)

May 7, 2021

Filing 359 REPLY to Response to Motion re #355 MOTION for Reconsideration re #354 Order on Motion for Bill of Costs,,,, Order on Motion for Attorney Fees,,, filed by FCA US LLC. Motion returnable before Judge Mae A. D'Agostino filed by FCA US LLC. (Pope, Alan)

May 5, 2021

Filing 358 TEXT ORDER granting #357 Letter Request for leave to file a one-page reply in Support of FCA US's Motion for Reconsideration: It is hereby ORDERED that FCA may file a one-page reply regarding the motion for reconsideration, on or before 5/7/2021. Signed by U.S. District Judge Mae A. D'Agostino on 5/5/21. (ban)

May 5, 2021

Filing 357 Letter Motion from Alan J. Pope for FCA US LLC requesting Leave to file one-page Reply in Support of FCA US's Motion for Reconsideration submitted to Judge Mae A. D'Agostino . (Pope, Alan)

April 29, 2021

Filing 356 RESPONSE in Opposition re #355 MOTION for Reconsideration re #354 Order on Motion for Bill of Costs,,,, Order on Motion for Attorney Fees,,, filed by FCA US LLC. Motion returnable before Judge Mae A. D'Agostino filed by Robert Tomassini. (Migliaccio, Nicholas)

April 8, 2021

Filing 355 MOTION for Reconsideration re #354 Order on Motion for Bill of Costs,,,, Order on Motion for Attorney Fees,,, filed by FCA US LLC. Motion returnable before Judge Mae A. D'Agostino Response to Motion due by 4/29/2021 (Attachments: #1 Memorandum of Law) (D'Aunoy, Stephen)

March 26, 2021

Filing 354 MEMORANDUM-DECISION AND ORDER granting in part and denying in part #338 Motion for Bill of Costs; granting in part and denying in part #339 Motion for Attorney Fees: The Court hereby ORDERS that Plaintiff's motion for attorneys' fees (Dkt. No. 339) is GRANTED in part and DENIED in part; and the Court furtherORDERS that Plaintiff is awarded $125,882.78 in attorneys' fees; and the Court further ORDERS that Plaintiff's motion to tax costs (Dkt. No. 338) is GRANTED in part and DENIED in part; and the Court further ORDERS that Plaintiff is awarded $4,699.30 in taxable costs; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 3/26/21. (ban)

February 12, 2021

Filing 353 REPLY to Response to Motion re #340 MOTION for Attorney Fees Memoradum in Support of Plaintiffs Motion for FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h) response to ECF #350 Plaintiffs Notice of Resubmission of Exhibits filed by FCA US LLC. (Pope, Alan)

February 9, 2021

Filing 352 TEXT ORDER granting #351 Letter Request for leave to file a response: It is hereby ORDERED that the defendant's request for leave to file a response to the #350 Notice of Exhibits, submitted to the Court on 2/4/21, is GRANTED. Defendant's response, not to exceed 3 pages, shall be filed on or before 2/12/21. Signed by U.S. District Judge Mae A. D'Agostino on 2/9/21. (ban)

February 8, 2021

Filing 351 Letter Motion from Alan J. Pope for FCA US LLC requesting leave to file short response to exhibits submitted by Plaintiff submitted to Judge Mae A. D'Agostino . (Pope, Alan)

February 4, 2021

Filing 350 NOTICE by Robert Tomassini re #341 Affidavit,, of Resubmission of Exhibits (Attachments: #1 Exhibit(s), #2 Exhibit(s))(Migliaccio, Nicholas)

January 29, 2021

Filing 349 TEXT ORDER re #341 Affidavits in Support of Motion for Attorney Fees: The Court attempted to review the billing records submitted by Plaintiff's counsel in support of their motion for attorneys' fees; however, the description for certain entries were cut off. Accordingly, the Court hereby orders that Plaintiff resubmit the following portions of the billing records: Docket Entry 341-1 (pages 8 through 11) and Docket Entry 341-3 (pages 9 through 11). The full description for each entry should be visible. These documents must be submitted on or before February 4, 2021. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 1/29/21. (ban)

December 18, 2020

Filing 348 REPLY to Response to Motion re #340 MOTION for Attorney Fees Memoradum in Support of Plaintiffs Motion for FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h), #338 MOTION for Bill of Costs Bill of Costs Pursuant to Fed. R. Civ. Proc. 54(d)(1), #339 MOTION for Attorney Fees Notice of Motion FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h) filed by Robert Tomassini. (Attachments: #1 Exhibit(s) A -- FCA US Opposition to Request for Leave to Appeal Denial of Class Certification, #2 Affirmation Reply Affirmation of Elmer Keach in Support of Motion for Attorneys' Fees)(Keach, Elmer)

December 10, 2020

Filing 347 TEXT ORDER granting #346 Letter Request re #339 MOTION for Attorney Fees: It is hereby ORDERED that the plaintiff's request for leave to file a reply brief, not to exceed 10 pages and with the consent of defense counsel, is GRANTED. Reply to Response to Motion due by 12/18/2020. Signed by U.S. District Judge Mae A. D'Agostino on 12/10/20. (ban)

December 9, 2020

Filing 346 Letter Motion from Elmer Keach for Robert Tomassini requesting Modifying Request for Leave to File a Reply Brief to Ten Pages submitted to Judge Mae A. D'Agostino . (Keach, Elmer)

December 9, 2020

Filing 345 Letter Motion from Elmer Keach for Robert Tomassini requesting Leave of Court to File a Reply Brief on December 18, 2020 submitted to Judge Mae A. D'Agostino . (Keach, Elmer)

December 4, 2020

Filing 344 RESPONSE in Opposition re #338 MOTION for Bill of Costs Bill of Costs Pursuant to Fed. R. Civ. Proc. 54(d)(1), #339 MOTION for Attorney Fees Notice of Motion FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h) filed by FCA US LLC. (Attachments: #1 Exhibit(s) Exhibit A - Deposition Excerpts of Robert Tomassini, #2 Exhibit(s) Exhibit B - Declaration of Stephen D'Aunoy, #3 Exhibit(s) Exhibit 1 to Declaration - Discovery Responses)(Pope, Alan)

November 3, 2020

Filing 343 TEXT ORDER granting #342 LETTER BRIEF filed by FCA US LLC: It is hereby ORDERED that defendant's request for an extension of time to respond to #338 Bill of Costs and #339 Motion for Attorneys Fees, is GRANTED; The defendant's response shall be filed on or before 12/4/20. Signed by U.S. District Judge Mae A. D'Agostino on 11/3/2020. (ban)

November 3, 2020

Filing 342 LETTER BRIEF Requesting Extension of Time to Respond to Plaintiff's Motions by FCA US LLC. (Pope, Alan)

November 3, 2020

Reset Deadlines as to #338 MOTION for Bill of Costs Bill of Costs Pursuant to Fed. R. Civ. Proc. 54(d)(1), #339 MOTION for Attorney Fees Notice of Motion FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h). Response to Motion due by 12/4/2020 (ban)

November 2, 2020

TEXT NOTICE of Hearing on Motion re #338 MOTION for Bill of Costs Bill of Costs Pursuant to Fed. R. Civ. Proc. 54(d)(1), AND #339 MOTION for Attorney Fees Notice of Motion FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h) : The Motion Hearing is set for 12/1/2020 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino; No personal appearances are necessary. The motion will be decided on the submission of the papers only. Response to Motion due by 11/16/2020. (ban)

October 30, 2020

Filing 341 AFFIDAVIT re #339 MOTION for Attorney Fees Notice of Motion FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h) Plaintiff's Counsels Declarations in Support of Plaintiff's Motion for FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h) by Robert Tomassini. (Attachments: #1 Declaration Nicholas Migliaccio, #2 Declaration Melanie H. Muhlstock, #3 Declaration Gary Mason)(Migliaccio, Nicholas)

October 30, 2020

Filing 340 MEMORANDUM in Support of Plaintiffs #339 Motion for FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h) filed by Robert Tomassini. (Migliaccio, Nicholas) Modified on 11/2/2020 (jel, ).

October 30, 2020

Filing 339 MOTION for Attorney Fees Notice of Motion FOR PREVAILING PARTY ATTORNEYS FEES UNDER NEW YORK GENERAL BUSINESS LAW SECTION 349(h) filed by Robert Tomassini. (Migliaccio, Nicholas)

October 30, 2020

Filing 338 MOTION for Bill of Costs Bill of Costs Pursuant to Fed. R. Civ. Proc. 54(d)(1) filed by Robert Tomassini. Motions referred to Miroslav Lovric. (Keach, Elmer)

October 16, 2020

Filing 337 TEXT ORDER: The Court hereby ORDERS that any motions for Attorney's Fees be filed with the Court on or before 10/30/20. The Motion shall be made returnable for December 1, 2020 (ON SUBMIT) before Judge D'Agostino - Response papers will be due by 11/16/20. Signed by U.S. District Judge Mae A. D'Agostino on 10/16/2020. (ban)

October 13, 2020

Filing 336 TEXT ORDER: After exhaustive discussion at the pre-settlement telephone conference on 10/6/2020, and a review of letter briefs [333, 335] and status report #334 , the Court has determined that, at this juncture, a settlement is unlikely to be achieved. As a result, the Court declines to schedule a settlement conference. The parties are encouraged to discuss a resolution, in good faith, and the Court is available upon a joint request to assist the parties. The Court directs the parties to Text Order 331 issued by District Judge D'Agostino on 10/1/2020. Any further arguments with respect to timeliness of the motion to submit a Bill of Costs, should be directed to the District Judge. SO ORDERED by Magistrate Judge Miroslav Lovric on 10/13/2020. (jdp )

October 12, 2020

Filing 335 LETTER BRIEF Response and Objections to Plaintiff's Status Report Regarding Settlement Conference by FCA US LLC. (Pope, Alan)

October 9, 2020

Filing 334 STATUS REPORT Regarding Possibility of Settlement Conference by Robert Tomassini. (Keach, Elmer)

October 9, 2020

Filing 333 LETTER BRIEF Position Statement Regarding Settlement Conference by FCA US LLC. (Pope, Alan)

October 6, 2020

Filing 332 TEXT ORDER: On or before 10/9/2020, the parties shall file separate status reports setting forth their position regarding the scheduling of a settlement conference to potentially resolve attorney fees and costs. SO ORDERED by Magistrate Judge Miroslav Lovric on 10/6/2020.(jdp )

October 6, 2020

Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: a pre-settlement telephone conference was held on 10/6/2020, to arrange a settlement conference regarding attorney fees and costs. The parties outlined their positions on the matter. On or before 10/9/2020, the parties shall file separate status reports setting forth their position whether to engage in settlement on these issues and a proposed schedule. Appearances: E. Keach, III, Esq., for Plaintiff; S. D'Aunoy, Esq., and N. Migliaccio, Esq., for Defendant. (jdp )

October 1, 2020

Filing 331 TEXT ORDER granting #330 Letter Request for an extension of time to submit a Bill of Costs: It is hereby ORDERED that the plaintiff's request for an extension of time to submit a Bill of Costs, pending the settlement before Magistrate on Judge Lovric on 10/6/20, is GRANTED; It is further ORDERED that the time for the filing of the Bill of Costs is extended to 10/30/20. Signed by U.S. District Judge Mae A. D'Agostino on 10/1/20. (ban)

September 30, 2020

Filing 330 Letter Motion from Elmer Keach for Robert Tomassini requesting That the Court Adjourn Date for Filing Bill of Costs Pending Settlement Conference submitted to Judge Mae A. D'Agostino . (Keach, Elmer)

September 29, 2020

Filing 329 TEXT ORDER: In light of the filing of Order #327 , the a pre-settlement telephone conference is scheduled for 10/6/2020 at 2:00 p.m. The parties are directed to dial 877-336-1839 and enter access code 5177238. SO ORDERED by Magistrate Judge Miroslav Lovric on 9/28/2020. (jdp )

September 16, 2020

Filing 328 JUDGMENT in favor of Robert Tomassini against FCA US LLC. (Attachments: #1 Appeal Notice) (ban)

September 16, 2020

Filing 327 ORDER Granting #325 Acceptance of Rule 68 Offer of Judgment/Notice of Acceptance with Offer of Judgment filed by Robert Tomassini. Signed by U.S. District Judge Mae A. D'Agostino on 9/16/20. (ban)

September 10, 2020

Filing 326 CERTIFICATE OF SERVICE by Robert Tomassini re #325 Notice of Acceptance with Offer of Judgment (Keach, Elmer)

September 10, 2020

Filing 325 NOTICE of Acceptance with Offer of Judgment by Robert Tomassini And Request for Referral for Settlement Conference Regarding Question of Attorneys' Fees (Keach, Elmer)

August 17, 2020

Filing 324 MOTION to Remand to State Court or Dismiss Motion Hearing set for 10/6/2020 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 9/21/2020 Reply to Response to Motion due by 9/25/2020. filed by FCA US LLC. (Attachments: #1 Memorandum of Law) Motions referred to Miroslav Lovric. (Pope, Alan)

July 28, 2020

Filing 323 ORDER denying #319 Motion to Deposit Funds. Signed by U.S. District Judge Mae A. D'Agostino on 7/28/20. (ban)

July 9, 2020

Filing 322 NOTICE by Robert Tomassini re #319 Notice (Other) Plaintiff's Opposition to FCA US's Application to Pay Funds Into the Office of the Court Clerk (Attachments: #1 Certificate of Service)(Keach, Elmer)

June 17, 2020

TEXT Minute Entry for Telephone Pre-Motion Conference held on 6/17/2020 before U.S. District Judge Mae A. D'Agostino: Appearances by Elmer Keach, Esq., Jason Rathod, Esq., and Nicholas Migliaccio, Esq. for the Plaintiff; Alan Pope, Esq. and Stephen D'Aunoy, Esq. for the defendant; Judge D'Agostino addresses counsel regarding the pre-motion letters. Counsel for the plaintiff and counsel for the defendant address the Court; Plaintiff's counsel seeks leave to file a motion to amend; defense counsel seeks leave to file a motion to remand; Judge D'Agostino addresses counsel regarding the motion to deposit funds; Judge D'Agostino will permit defense counsel to file their motion to remand. She will also permit the Plaintiff to cross-move to amend their complaint. The motion to remand should be filed within 60 days - the plaintiff's cross-motion should be filed with their response to defendant's motion to remand. (Court Reporter Lisa Tennyson, CRD Britney Norton [Time 10:01 a.m. - 10:11 a.m.]) (ban)

June 17, 2020

Set Deadlines: Motion to Remand to be filed by 8/17/2020. (ban)

June 16, 2020

Filing 321 Pre-Motion Letter by Robert Tomassini requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 6/19/2020 (Rathod, Jason)

June 12, 2020

Filing 320 STATUS REPORT JOINT STATUS REPORT REGARDING PRETRIAL SCHEDULING by Robert Tomassini. (Migliaccio, Nicholas)

June 12, 2020

Filing 319 NOTICE by FCA US LLC of Application for Leave to Deposit Funds (Pope, Alan) Modified on 7/28/2020 (ban).

June 11, 2020

Filing 318 Pre-Motion Response to #316 Pre-Motion Letter by FCA US LLC requesting a pre-motion conference submitted to Judge D'Agostino . (Migliaccio, Nicholas)

June 8, 2020

Filing 317 TEXT ORDER granting #315 Letter Request for a one-week extension of time to submit a proposed pretrial schedule: It is hereby ORDERED that the joint request for a one week extension of time to submit a proposed pretrial schedule is GRANTED; The deadline is extended to 6/12/20; No further extensions will be entertained. Signed by U.S. District Judge Mae A. D'Agostino on 6/8/20. (ban)

June 8, 2020

Filing 316 Pre-Motion Letter by FCA US LLC requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 6/11/2020 (Pope, Alan)

June 5, 2020

Filing 315 Letter Motion from Elmer Keach for Robert Tomassini requesting One Week Extension of Time to File Pre-Trial Order submitted to Judge Mae A. D'Agostino . (Keach, Elmer)

May 27, 2020

Filing 314 TEXT ORDER granting #313 Letter Request: Plaintiff's request for an extension of time to submit a proposed pretrial schedule is GRANTED; The joint proposed scheduled shall be filed on or before 6/5/2020. Signed by U.S. District Judge Mae A. D'Agostino on 5/27/20. (ban)

May 26, 2020

Filing 313 Consent Letter Motion from Jason S. Rathod for Robert Tomassini requesting An Extension of Time for the Parties to File a Proposed Schedule submitted to Judge Mae A. D'Agostino . (Rathod, Jason)

May 5, 2020

Filing 312 STIPULATION AND ORDER finding as moot #218 Motion; finding as moot #286 Motion to Certify Class. It is further ORDERED that a proposed schedule shall be submitted to the Court on or before 5/26/20. Signed by U.S. District Judge Mae A. D'Agostino on 5/5/20. (ban)

May 5, 2020

Set Deadlines: A Proposed Pretrial Schedule shall be filed by 5/26/2020. (ban)

May 4, 2020

Filing 311 STIPULATION re #286 MOTION to Certify Class , #218 MOTION to Exclude the Reports and Testimony of Plaintiff's Experts , 310 Order,, by FCA US LLC submitted to Judge Mae A. DAgostino. (Pope, Alan)

April 23, 2020

Filing 310 TEXT ORDER: In light of the Court's recent ruling on Defendant's motions for sanctions and summary judgment, both parties are hereby directed to file a letter detailing their position on the mootness of Plaintiff's pending motion for class certification (Dkt. No. 286) and Defendant's motion to preclude Plaintiff's experts (Dkt. No. 218). Submissions are not to exceed three pages in length and should be submitted by May 4, 2020. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 4/23/20. (ban)

April 22, 2020

Filing 309 MEMORANDUM-DECISION AND ORDER granting #280 Motion for Summary Judgment; granting #281 Motion for Sanctions: The Court hereby ORDERS that Defendant's motion for sanctions (Dkt. No. 281) is GRANTED; and the Court further ORDERS that Defendant's motion for summary judgment (Dkt. No. 280) is GRANTED;and the Court further ORDERS that Plaintiff Thomas Hromowyk is TERMINATED from this action; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 4/22/20. (ban)

February 18, 2020

Filing 308 TEXT ORDER granting #307 Letter Request for leave to withdraw Ethan D. Hatch, Esq. as counsel for FCA US LLC. Signed by U.S. District Judge Mae A. D'Agostino on 2/18/2020. (ban)

February 12, 2020

Filing 307 Letter Motion from Alan J. Pope for FCA US LLC requesting Leave to Withdraw Ethan D. Hatch as Counsel for FCA US LLC submitted to Judge Mae A. D'Agostino . (Pope, Alan)

December 12, 2019

Filing 306 REPLY to Response to Motion re #286 MOTION to Certify Class filed by Thomas Hromowyk. (Attachments: #1 Exhibit(s) 1)(Migliaccio, Nicholas)

November 27, 2019

Filing 305 TEXT ORDER granting in part #303 Letter Request for leave to file a reply brief as to #286 Motion for Class Certification; IT is hereby ORDERED that the plaintiff's request for leave to file a reply brief is GRANTED; A brief, not to exceed 15 pages, shall be filed on or before 12/12/19. Signed by U.S. District Judge Mae A. D'Agostino on 11/27/19. (ban)

November 27, 2019

Filing 304 TEXT ORDER granting #301 Letter Request: It is hereby ORDERED that Defendant FCA US LLC's request for leave to file a Daubert Motion is GRANTED; The Court will address the #218 Motion to Exclude Testimony, previously filed with the Court; The Court will also consider the #220 Response in Opposition, and the #222 Reply. The motion is considered fully briefed, and will be considered along with the pending #286 Motion for Class Certification. No further briefing is necessary. Signed by U.S. District Judge Mae A. D'Agostino on 11/27/2019. (ban)

November 18, 2019

Filing 303 Letter Motion from Elmer Keach for Thomas Hromowyk, Robert Tomassini requesting Leave to File a Twenty Page Reply Brief in Support of Renewed Motion for Class Certification, and that the Defendant's Application for Leave to File a Daubert Motion be Stayed submitted to Judge Mae A. D'Agostino . (Keach, Elmer)

November 15, 2019

Filing 302 RESPONSE in Opposition re #288 MOTION to Certify Class Declaration in Support filed by FCA US LLC. (Attachments: #1 Exhibit(s) A - Dec of E. Bibb, #2 Exhibit(s) B - Supp Dec of E. Bibb, #3 Exhibit(s) C - EBT Excerpts R. Lynch, #4 Exhibit(s) D - EBT Excerpts E. Sullivan P.E., #5 Exhibit(s) E - Exoert Report, #6 Exhibit(s) F - EBT Excerpts D. Duquette Ph.D., #7 Exhibit(s) G - Report, #8 Exhibit(s) H - Transcript T. Hromowyk, #9 Exhibit(s) I - Dec J. Brown, #10 Exhibit(s) J - EBT Excerpts S. Gaskin, #11 Exhibit(s) K - Report)(Pope, Alan)

November 12, 2019

Filing 301 LETTER BRIEF requesting permission to file Daubert motion by FCA US LLC. (Pope, Alan)

November 5, 2019

Filing 300 **Restricted**Un-Redacted Declaration of Nicholas A. Migliaccio in Support of Plaintiff's Motion for Class Certification re #288 MOTION to Certify Class Declaration in Support filed by Thomas Hromowyk. (ban) (ban, ).

November 5, 2019

Filing 299 **Restricted**Un-Redacted MEMORANDUM OF LAW in Support of Thomas Hromowyk's Motion for Class Certification re #287 Motion to Certify Class filed by Thomas Hromowyk. (ban).

November 1, 2019

Filing 298 **Restricted** UN-REDACTED VERSION of #297 FCA US LLC'S RESPONSE TO PLAINTIFF'S COUNTER-STATEMENT OF MATERIAL FACTS re #280 MOTION for Summary Judgment on Plaintiff Thomas Hromowyk's Individual Claim filed by FCA US LLC. (ban) (ban, ).

October 29, 2019

CLERK'S CORRECTION OF DOCKET ENTRY the #294 Response in Opposition to Motion was replaced to correct the caption on the document. (pjh)

October 28, 2019

Filing 297 REPLY to Response to Motion re #280 MOTION for Summary Judgment on Plaintiff Thomas Hromowyk's Individual Claim filed by FCA US LLC. (Attachments: #1 Statement of Material Facts - FCA US LLC's Response to Plaintiff's Counter-Statement of Material Facts)(Pope, Alan)

October 28, 2019

Filing 296 RESPONSE in Support re #281 MOTION for Sanctions filed by FCA US LLC. (Pope, Alan)

October 28, 2019

Filing 295 ***SEALED DOCUMENT (Plaintiff's UN-REDACTED Opposition to Defendant's Motion for Summary Judgment by Thomas Hromowyk. (ban) (Additional attachment(s) added on 10/28/2019: #1 Un-Redacted Memorandum of Law, #2 Plaintiff Hromowyk's Opposition UN-REDACTED, #3 Exhibit(s) 1-2, #4 Exhibit(s) 3-6, #5 Exhibit(s) 7-16, #6 Exhibit(s) 17, #7 Exhibit(s) 18-21, #8 Exhibit(s) 22-25) (ban, ).

October 28, 2019

DOCKET ANNOTATION: Attorney Elmer Keach, III is directed to amend document #294 to correct the caption.(pjh)

October 24, 2019

DOCKET ANNOTATION: Clerk confirmed with Attorney Graifman's office that the #293 Response in Opposition is a duplicate of the #292 Response in Opposition and was filed to include the exhibits. (pjh)

October 22, 2019

Filing 294 RESPONSE in Opposition re #281 MOTION for Sanctions filed by Thomas Hromowyk, Robert Tomassini. (Attachments: #1 Exhibit(s) A -- Hromowyk Deposition, #2 Exhibit(s) B -- Letter from graifman to counsel, #3 Exhibit(s) C -- Photo of Valve Stem, #4 Exhibit(s) D - Brown Deposition, #5 Exhibit(s) E -- Brown Declaration, #6 Exhibit(s) F -- Email, #7 Exhibit(s) G -- Status Report Filed with Court, #8 Exhibit(s) H -- Chrysler Email Chain, #9 Exhibit(s) I -- Sullivan Affidavit, #10 Exhibit(s) J -- Azar Email)(Keach, Elmer) (Main Document 294 replaced on 10/29/2019) to correct the caption (pjh)

October 22, 2019

Filing 293 RESPONSE in Opposition re #280 MOTION for Summary Judgment filed by Thomas Hromowyk, Robert Tomassini. (Attachments: #1 Statement of Material Facts, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10, #12 Exhibit(s) 11, #13 Exhibit(s) 12, #14 Exhibit(s) 13, #15 Exhibit(s) 14, #16 Exhibit(s) 15, #17 Exhibit(s) 16, #18 Exhibit(s) 17, #19 Exhibit(s) 18, #20 Exhibit(s) 19, #21 Exhibit(s) 20, #22 Exhibit(s) 21, #23 Exhibit(s) 22, #24 Exhibit(s) 23, #25 Exhibit(s) 24, #26 Exhibit(s) 25)(Graifman, Gary)

October 22, 2019

Filing 292 RESPONSE in Opposition re #280 MOTION for Summary Judgment filed by Thomas Hromowyk, Robert Tomassini. (Graifman, Gary)

October 22, 2019

Filing 291 TEXT ORDER granting #289 Letter Request and #289 Letter Response: It is hereby ORDERED that the Plaintiff's request for an extension of time to file a response to #281 MOTION for Sanctions and #280 MOTION for Summary Judgment is GRANTED; Plaintiff's Response shall be filed on or before 10/22/2019; Defendant's Reply to Response to Motion shall be filed on or before 10/28/2019. NO FURTHER EXTENSIONS OF THESE DEADLINES WILL BE ENTERTAINED. Signed by U.S. District Judge Mae A. D'Agostino on 10/22/2019. (ban)

October 22, 2019

Filing 290 RESPONSE TO LETTER BRIEF filed by FCA US LLC as to #289 Letter Request/Motion, filed by Thomas Hromowyk, Robert Tomassini . (Pope, Alan)

October 21, 2019

Filing 289 Letter Motion from Elmer Keach for Thomas Hromowyk, Robert Tomassini requesting One Day Extension of Time to Respond to Motion for Summary Judgment and Motion for Sanctions submitted to Judge Mae A. D'Agostino . (Keach, Elmer)

October 16, 2019

Minute Entry or proceedings held before Magistrate Judge Miroslav Lovric: Telephone Conference held on 10/16/2019. APP: N. Migliaccio, Esq. and J. Brody, Esq. for the Plaintiff and S. D'Aunoy, Esq. for the Defendant. Reminded parties that all remaining deadlines are firm and no extension will be granted; the Court summarized motions pending before Judge D'Agostino and will be decided in due course; no further telephone conference is scheduled. (jdp )

October 3, 2019

TEXT NOTICE re #286 MOTION to Certify Class : Pursuant to Judge D'Agostino's October 1, 2019 telephone conference call with counsel, the motion for class certification deadlines are set as follows; The Motion Hearing is set for 11/19/2019 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino; No personal appearances are necessary. The motion will be decided on the submission of the papers only. Response to Motion due by 11/15/2019. NO EXTENSIONS OF THESE DEADLINES WILL BE ENTERTAINED. (ban)

October 2, 2019

Filing 288 MOTION to Certify Class Declaration in Support filed by Thomas Hromowyk. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19, #20 Exhibit(s) 20, #21 Exhibit(s) 21, #22 Exhibit(s) 22, #23 Exhibit(s) 23, #24 Exhibit(s) 24, #25 Exhibit(s) 25, #26 Exhibit(s) 26, #27 Exhibit(s) 27, #28 Exhibit(s) 28, #29 Exhibit(s) 29, #30 Exhibit(s) 30, #31 Exhibit(s) 31, #32 Exhibit(s) 32, #33 Exhibit(s) 33, #34 Exhibit(s) 34, #35 Exhibit(s) 35, #36 Exhibit(s) 36, #37 Exhibit(s) 37, #38 Exhibit(s) 38, #39 Exhibit(s) 39, #40 Exhibit(s) 40, #41 Exhibit(s) 41, #42 Exhibit(s) 42, #43 Exhibit(s) 43, #44 Exhibit(s) 44, #45 Exhibit(s) 45, #46 Exhibit(s) 46, #47 Exhibit(s) 47, #48 Exhibit(s) 48, #49 Exhibit(s) 49, #50 Exhibit(s) 50, #51 Exhibit(s) 51, #52 Exhibit(s) 52, #53 Exhibit(s) 53, #54 Exhibit(s) 54, #55 Exhibit(s) 55, #56 Exhibit(s) 56, #57 Exhibit(s) 57, #58 Exhibit(s) 58, #59 Exhibit(s) 59, #60 Exhibit(s) 60, #61 Exhibit(s) 61) (Migliaccio, Nicholas)

October 2, 2019

Filing 287 MOTION to Certify Class Memorandum in Support filed by Thomas Hromowyk. (Migliaccio, Nicholas)

October 2, 2019

Filing 286 MOTION to Certify Class filed by Thomas Hromowyk. (Migliaccio, Nicholas)

October 1, 2019

Filing 285 ORAL ORDER issued by Judge D'Agostino during the telephone conference with counsel on October 1, 2019 re #277 APPEAL OF MAGISTRATE JUDGE DECISION to District Court filed by Thomas Hromowyk, Robert Tomassini, and #278 Letter Motion from Alan J. Pope for FCA US LLC requesting to establish schedule submitted to Judge D'Agostino filed by FCA US LLC: As to docket number 277, which is Plaintiffs' appeal of Magistrate Judge Lovric's text order dated August 29, 2019, which denied Plaintiffs' request for a brief extension of the discovery period of the limited purpose of taking the deposition of employees and/or the owner of Brownie's Auto Care Center. I will grant Plaintiffs' limited request. Plaintiffs shall have until on or before Tuesday, October 8, 2019 to take the deposition requested. The deposition shall be four hours or less. The response and reply deadlines for the pending motions for summary judgment and for sanctions are unchanged. As to docket number 278, which relates to the order in which the pending motions will be decided. Defendant requests that the pending motions for summary judgment and for sanctions be decided before the Court issues a decision on the renewed motion for class certification, which is to be filed tomorrow, October 2, 2019. Defendant further asks the Court to postpone briefing on the renewed motion for class certification until after the Court decides the motions for summary judgment and sanctions. In the alternative, Defendant seeks an extended briefing schedule for the motion for class certification. Initially, the Court agrees that generally dispositive motions should be decided before ruling on whether to certify a class. As such, the Court will issue its decision on the motions for summary judgment and for sanctions prior to ruling on the renewed class certification motion. However, in light of the age of this case, the Court will not delay briefing until after a ruling on the motions for summary judgment and sanctions. The Court will, however, grant the request for an extended briefing schedule. Defendant shall have 45 days to file its response to the motion for class certification. Signed by U.S. District Judge Mae A. D'Agostino on 10/1/2019. (ban)

October 1, 2019

TEXT Minute Entry for Telephone Conference held on 10/1/2019 before U.S. District Judge Mae A. D'Agostino: Appearances by Gary Graifman, Esq., Jason Rathod, Esq., and Nicholas Migliaccio, Esq. for the Plaintiffs; Alan Pope, Esq. and Stephen D'Aunoy, Esq. for the defendant; Judge D'Agostino addresses counsel regarding the age of this case and about to the status of pending motions and deadlines; Judge D'Agostino issues an Oral Order as to #277 Appeal of Magistrate Judge Decision and #278 Letter Motion. As to docket number 277, Judge D'Agostino Grants Plaintiffs' limitied request - the plaintiffs shall have until October 8, 2019 to take the deposition requested as to Brownie's Auto Care Center. The deposition shall be four hours or less; The response and reply deadline for the pending motions for summary judgment and for sanctions remain as set - The return date is set for November 5, 2019 (ON SUBMIT); Response due 10/21/19; Reply due 10/25/19; As to docket number 278 - The Court agrees with counsel that the dispositive motions should be decided before ruling on whether to certify a class. The Court grants the defendant's request and will issue its decision on the motions for summary judgment and for sanctions, prior to ruling on the renewed class certification motion. However, in light of the age of this case, the court will not delay briefing until after a ruling on the motions for summary judgment and sanctions. The Court will, however, grant the request for an extended briefing schedule. Defendant shall have 45 days to file it's response to the motion for class certification - response due 11/15/19. Judge D'Agostino grants the defendant's request for leave to file a brief, not to exceed 45 pages, in response to the plaintiffs motion for class certification. NO FURTHER EXTENSIONS OF THESE DEADLINES WILL BE ENTERTAINED. Counsel are further directed that no further motions or letter requests shall be filed, without first contacting Judge D'Agostino's Courtroom Deputy to schedule a conference call. (Court Reporter Theresa Casal, CRD Britney Norton [Time 1:30 p.m. - 1:42 p.m.]) (ban)

September 30, 2019

Filing 284 RESPONSE in Opposition re #277 APPEAL OF MAGISTRATE JUDGE DECISION to District Court filed by FCA US LLC. (Attachments: #1 Exhibit(s) Hromowyk Deposition Pages, #2 Exhibit(s) Hromowyk Discovery Responses, #3 Exhibit(s) Declaration of Stephen D'Aunoy, #4 Exhibit(s) Declaration of Thomas L. Azar, #5 Exhibit(s) Brownies Auto Invoice 2/17/17, #6 Exhibit(s) Brownies Auto Invoice 5/24/2018, #7 Exhibit(s) Brownies Auto Invoice 4/11/19, #8 Exhibit(s) Declaration of Jarrod Brown)(Pope, Alan)

September 30, 2019

CLERK'S CORRECTION OF DOCKET ENTRY Attachment 2 of #280 Motion for Summary Judgment contained personal identifiers. The Clerk replaced the document with a redacted copy. (pjh)

September 27, 2019

Filing 283 RESPONSE TO LETTER BRIEF filed by FCA US LLC as to 282 Order on Letter Request, in response to docket #279. (Pope, Alan)

September 27, 2019

Filing 282 TEXT ORDER granting #279 Letter Request for an Extension of Time to File Renewed Motion for Class Certification Until October 2, 2019, and For Leave to File an Overlength Brief submitted to Judge Mae A. D'Agostino. No further extension of this deadline will be entertained. Plaintiff's brief shall not exceed 45 pages. Signed by U.S. District Judge Mae A. D'Agostino on 9/27/2019. (ban)

September 27, 2019

Filing 281 MOTION for Sanctions Motion Hearing set for 11/5/2019 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 10/21/2019 Reply to Response to Motion due by 10/25/2019. filed by FCA US LLC. (Attachments: #1 Memorandum of Law, #2 Exhibit(s) Exhibit A - Hmromowyk's Response to Interrogatories, Nos. 6-7, #3 Exhibit(s) Exhibit B - Hromowyk Deposition Pages, #4 Exhibit(s) Exhibit C - Declaration of Jarrod Brown, #5 Exhibit(s) Exhibit D - Declaration of Stephen D'Aunoy, #6 Exhibit(s) Exhibit E - Hromowyk Response to RFP 56, #7 Exhibit(s) Exhibit F - Brownie's Auto 4-11-19 Invoice) Motions referred to Miroslav Lovric. (Pope, Alan)

September 27, 2019

Filing 280 MOTION for Summary Judgment Motion Hearing set for 11/5/2019 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 10/21/2019 Reply to Response to Motion due by 10/25/2019. filed by FCA US LLC. (Attachments: #1 Statement of Material Facts, #2 Exhibit(s) Exhibit A - Hromowyk Deposition Pages, #3 Exhibit(s) Exhibit B - Brownie's Auto 2-12-13 Invoice, #4 Exhibit(s) Exhibit C - Brownie's Auto 7-27-15 Invoice, #5 Exhibit(s) Exhibit D - Declaration of Jarrod Brown, #6 Memorandum of Law) (Pope, Alan) (Attachment 2 replaced on 9/30/2019) (pjh, ).

September 27, 2019

Filing 279 Unopposed Letter Motion from Elmer Keach for Thomas Hromowyk, Robert Tomassini requesting Extension of Time to File Renewed Motion for Class Certification Until October 2, 2019, and For Leave to File an Overlength Brief submitted to Judge Mae A. D'Agostino . (Keach, Elmer)

September 25, 2019

Filing 278 Letter Motion from Alan J. Pope for FCA US LLC requesting to establish schedule submitted to Judge D'Agostino . (Pope, Alan)

September 12, 2019

Filing 277 APPEAL OF MAGISTRATE JUDGE DECISION/MOTION to Set Aside Magistrate's Order Pursuant to Local Rule 72.1(b); Motion Hearing set for 10/15/2019 09:30 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 9/30/2019 Reply to Response to Motion due by 10/4/2019. filed by Thomas Hromowyk, Robert Tomassini. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Exhibit(s) In Support of Objection and Appeal of Magistrate's Order) (Graifman, Gary) Modified on 9/13/2019 (ban).

August 29, 2019

Filing 276 TEXT ORDER denying the #273 Letter Request. The request to extend the deadline for completion of class certification discovery is DENIED. Authorized by Magistrate Judge Miroslav Lovric on 8/29/2019. (amt)

August 29, 2019

Filing 275 TEXT ORDER: This Court having considered the parties proposals #272 regarding scheduling of motions and completion of all discovery, the Court ORDERS as follows: 1) Any renewed class certification motion shall be filed on or before September 27, 2019; the District Court will set the schedule as to the responses and replies to that motion; and the parties may express to the District Court their requests as to response and reply deadlines. 2) Defendants motion for summary judgment on Plaintiff Thomas Hromowyks individual claims shall also be filed on or before September 27, 2019; the District Court will set the schedule as to the responses and replies to that motion; and the parties may express to the District Court their requests as to response and reply deadlines. The parties have proposed #272 very different views as to which motion should be addressed first, the scheduling of motion responses and replies, and their overall legal reasoning as to which motion should be decided first. This Court will not dictate which motion the District Court will address first and what motion schedule to employ. Those decisions are exclusively the District Courts decisions to make. Since the parties have proposed and are ready to file their respective motions #272 by September 27, 2019, neither party is prejudiced by this filing schedule. Therefore, the parties will file both motions as set forth above on or before September 27, 2019. The District Court will decide in which order to address these two motions and what schedule to employ. The Court further orders as follows: 3) No later than 30 days after the District Court issues its decision & order on the last of these two motions as identified above, the parties shall have served and exchanged all supplemental expert reports on any merits issues. 4) No later than 90 days after the District Court issues its decision & order on the last of these two motions as identified above, the parties shall have completed all merits discovery. 5) No later than 30 days after the close/deadline date for completion of all merits discovery, the parties shall have filed any dispositive motions. 6) The next telephone conference is scheduled for October 16, 2019 at 1:00 PM and plaintiffs are directed to connect all parties to the conference and call chambers at 607-779-2628. Authorized by Magistrate Judge Miroslav Lovric on 8/29/2019. (amt)

August 29, 2019

Filing 274 LETTER BRIEF to Gary S. Graifman opposing request for 20-day extension of class certification discovery deadline by FCA US LLC. (Attachments: #1 Declaration Jarrod Brown)(Pope, Alan)

August 28, 2019

Filing 273 Letter Motion from Gary S. Graifman, Esq. for Robert Tomassini requesting 20 day extension submitted to Judge Miroslav Lovric . (Graifman, Gary)

August 23, 2019

Filing 272 STATUS REPORT on the Parties' Proposed Case Management Plan by Thomas Hromowyk, Robert Tomassini. (Migliaccio, Nicholas)

August 21, 2019

Filing 271 NOTICE of Appearance by Ethan D. Hatch on behalf of FCA US LLC (Hatch, Ethan)

August 19, 2019

Filing 270 TEXT ORDER: Pursuant to the telephone conference held with the parties on 8/13/2019 and the joint status report #269 as filed by the parties, the deadline for completion of all the class discovery is 8/30/2019. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/19/2019. (jdp )

August 16, 2019

Filing 269 STATUS REPORT Jointly Filed, On Class Discovery by Thomas Hromowyk, Robert Tomassini. (Keach, Elmer)

August 16, 2019

Filing 268 ORDER granting #267 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Miroslav Lovric on 8/16/2019. (jdp )

August 16, 2019

Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: Telephone Conference held on 8/16/2019; APP: E. Keach, Esq. for Plaintiff, A. Pope, Esq., S. D'Aunoy, Esq. and T. Azar, Esq. for the Defendant's; the Court held a telephone conference with the parties with the goal to get this matter on track regarding firm schedules and firm deadlines as to remaining pre-trial issues. The Court specifically discussed this goal with the parties. The parties advised the Court that a substantial and significant amount of the overall discovery in this matter has been completed and has been accomplished over the course of time that this matter has been pending before the Court. The parties are actively finishing up discovery and depositions as related to any possible further class certification motions and expect to be fully completed with this process in the next several weeks. The parties will submit to the Court, no later than 8/17/2019, a Joint proposal for a firm and final deadline to complete such discovery and such proposal will include a firm deadline of sometime within the first several weeks into September of 2019. Thereafter, the Court will issue an order indicating that as a final and firm deadline for completion of any and all remaining class certification discovery and depositions. The parties will also, either jointly or separately, submit to the Court by 8/24/2019 proposals for final and firm overall schedules and deadlines for all discovery, all expert reports, and all depositions to be completed, and the filing of any dispositive motions in this matter. Once the Court receives such proposals, the Court will set final and firm schedules and deadlines in this matter. Lastly, the parties will jointly select a date and time, approximately 60 days from the date of this minute entry, for the next telephone status conference with the Court and will contact the Courts Courtroom Deputy who will schedule such on the calendar. (jdp )

August 14, 2019

Filing 267 MOTION for Limited Admission Pro Hac Vice of Ethan D. Hatch Filing fee $100, receipt number ANYNDC-4838244. filed by FCA US LLC. (Attachments: #1 Declaration Declaration of Sponsor, #2 Exhibit(s) Attorney Registration and Oath, #3 Exhibit(s) Petition for Admission to Practice, #4 Exhibit(s) Certificate of Good Standing, #5 Proposed Order/Judgment Proposed Order) Motions referred to Miroslav Lovric. (Pope, Alan)

August 8, 2019

Filing 266 TEXT ORDER: Letter motion #265 is GRANTED. A two week extension of the August 16, 2019 class certification discovery deadline is granted and it is hereby extended to August 30, 2019. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/8/2019. (jdp )

August 7, 2019

Filing 265 Letter Motion from Alan J. Pope for FCA US LLC requesting two week extension of the August 16, 2019 class certification discovery deadline submitted to Judge Miroslav Lovric . (Pope, Alan)

July 31, 2019

Set Hearings: Telephone Conference is set for 8/13/2019 at 2:00 PM before Magistrate Judge Miroslav Lovric. Plaintiff is directed to initiate the call to chambers which can be reached at 607-779-2628. This Telephone Conference is a follow up to the Telephone Conference held on 6/17/2019 before Magistrate Judge David E. Peebles. The parties are hereby reminded that class certification discovery must be completed by 8/16/2019 and that is a firm deadline. At this Telephone Conference, the parties should be prepared to discuss and propose realistic new deadlines for completion of mandatory mediation, all discovery, and filing of dispositive motions in this action. The Court will issue and set deadlines as to all these categories at this Telephone Conference. Parties are also advised to be ready to update the Court as to overall status of this entire matter and issues. (jdp, )

July 18, 2019

Filing 264 NOTICE of Appearance by Thomas L. Azar, Jr on behalf of FCA US LLC (Azar, Thomas)

July 18, 2019

Filing 263 TEXT ORDER granting #262 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 7/18/2019. (jdp, )

July 17, 2019

Filing 262 MOTION for Limited Admission Pro Hac Vice of Thomas L. Azar, Jr. Filing fee $100, receipt number ANYNDC-4802356. filed by FCA US LLC. (Attachments: #1 Declaration Sponsor Declaration, #2 Oath on Admission, #3 Petition for Admission, #4 Certificate of Good Standing, #5 Proposed Admission Order) Motions referred to Miroslav Lovric. (Pope, Alan)

July 1, 2019

Filing 261 ORDER REASSIGNING CASE. Case reassigned to Honorable Miroslav Lovric for all further proceedings. Magistrate Judge David E. Peebles no longer assigned to case. Signed by Chief Judge Glenn T. Suddaby on 7/1/2019. (amt)

June 18, 2019

Filing 260 TEXT ORDER denying #258 Pre-Motion Letter: It is hereby ORDERED that plaintiff's letter request for leave to file a renewed motion for class certification is DENIED. Counsel should comply with the scheduling order set by Magistrate Judge Peebles on 6/17/19. Signed by U.S. District Judge Mae A. D'Agostino on 6/18/19. (ban)

June 17, 2019

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 6/17/2019. Plaintiff's request for leave to file a renewed motion for class certification is pending before MAD. Defendant believes the motion is premature, while plaintiff argues that there is no reason to not move the case forward. Judge Peebles advised the parties that he would not usurp Judge D'Agostino's role, but suspected that she was waiting to address the request for leave until she knew the outcome of this conference. Discovery is not yet complete with written discovery demands having been served on 2/14/2019 and plaintiff responding to those demands in April. Defendant has served three third-party subpoenas and anticipates serving four more. Once responses are received, expert liability report may need supplementation. Plaintiff's deposition has not been noticed, but is expected to be held in July. Defendant requests an additional 90 days for discovery. Judge Peebles told the parties that class certification discovery must be completed by 8/16/2019 and that is a firm date. No new conference is set before Magistrate Judge Peebles, and advised that, in all likelihood, the matter would be reassigned to Judge Lovric. Settlement remains unlikely at this time. APP: Attys. Gary Mason, Daniel Calvert, Jason Rathod, and Gary Graifman for the plaintiff and Alan Pope and Stephen D'Aunoy for the defendant. (sal )

June 11, 2019

Filing 259 RESPONSE to Motion re #258 Pre-Motion Letter by Thomas Hromowyk, Robert Tomassini requesting a pre-motion conference submitted to Judge D'Agostino filed by FCA US LLC. (Pope, Alan)

June 7, 2019

Filing 258 Pre-Motion Letter by Thomas Hromowyk, Robert Tomassini requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 6/10/2019 (Migliaccio, Nicholas)

June 6, 2019

Reset Hearings: Due to a conflict with counsel's schedule, the Telephone Conference set for 6/11/2019 at 2:30 PM is RESCHEDULED for 6/17/2019 at 3:30 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )

June 3, 2019

Set Hearings: A Telephone Conference is set for 6/11/2019 at 2:30 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. The parties are directed to confer, well in advance of this conference date, regarding a new schedule for the progression of this action. (sal )

May 31, 2019

Filing 257 ANSWER to #243 Amended Complaint by FCA US LLC.(Pope, Alan)

May 17, 2019

Filing 256 MEMORANDUM-DECISION AND ORDER denying #250 Motion to Dismiss: The Court hereby ORDERS that Defendant's motion to dismiss is DENIED; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 5/17/2019. (ban)

April 5, 2019

Filing 255 RESPONSE to Motion re #250 MOTION to Dismiss Amended Class Action Complaint in Part filed by Thomas Hromowyk, Robert Tomassini. (Migliaccio, Nicholas)

March 18, 2019

Filing 254 REPLY to Response to Motion re #253 MOTION to Dismiss Amended Class Action Complaint in Part filed by FCA US LLC. (Pope, Alan)

March 11, 2019

Filing 253 NOTICE by Thomas Hromowyk, Robert Tomassini re #251 Response in Opposition to Motion of Supplemental Authority (Attachments: #1 Exhibit(s) 1)(Migliaccio, Nicholas)

March 8, 2019

Filing 252 REPLY to Response to Motion re #250 MOTION to Dismiss Amended Class Action Complaint in Part filed by FCA US LLC. (Attachments: #1 Affidavit Certificate of Electronic Service)(Pope, Alan)

March 4, 2019

Filing 251 RESPONSE in Opposition re #250 MOTION to Dismiss Amended Class Action Complaint in Part filed by Thomas Hromowyk, Robert Tomassini. (Migliaccio, Nicholas)

February 13, 2019

Filing 250 MOTION to Dismiss Amended Class Action Complaint in Part Motion Hearing set for 3/19/2019 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 3/4/2019 Reply to Response to Motion due by 3/8/2019. filed by FCA US LLC. (Attachments: #1 Memorandum of Law) (Pope, Alan)

February 11, 2019

Filing 249 TEXT ORDER granting #247 & #248 Motions to Withdraw as Attorney as counsel of record for plaintiffs by Attorney Jennifer S. Goldstein. Attorney Jennifer S. Goldstein terminated. Authorized by Magistrate Judge David E. Peebles on 2/11/2019. (sal)

February 7, 2019

Filing 248 Amended MOTION to Withdraw as Attorney Jennifer S. Goldstein filed by Thomas Hromowyk, Robert Tomassini. Motions referred to David E. Peebles. (Mason, Gary)

February 7, 2019

Filing 247 MOTION to Withdraw as Attorney Jennifer S. Goldstein filed by Robert Tomassini. Motions referred to David E. Peebles. (Mason, Gary)

January 30, 2019

Filing 246 TEXT ORDER re #244 Pre-Motion Letter requesting a pre-motion conference and #245 Pre-Motion Response: The Court is in receipt of FCA's pre-motion letter filed on 1/23/19 and the plaintiff's pre-motion response letter filed on 1/28/19. After reviewing both submissions, the Court does not find a need for a pre-motion conference. The Court hereby ORDERS that FCA US LLC will be permitted to file a motion to dismiss. FCA's motion to dismiss shall be filed on or before 2/13/19; The motion to dismiss shall be made returnable for March 19, 2019 (ON SUBMIT) before Judge D'Agostino. Response papers will be due 3/4/19. Reply papers will be due 3/8/19; it is further ORDERED that FCA's request for leave to file a motion to strike is DENIED as Premature; and it is further ORDERED that the time for FCA US LLC to file an answer to the #243 Amended Complaint is ADJOURNED until 14 days following decision on FCA's motion to dismiss. Signed by U.S. District Judge Mae A. D'Agostino on 1/30/19. (ban)

January 28, 2019

Filing 245 Pre-Motion Response to #244 Pre-Motion Letter requesting a pre-motion conference submitted to Judge D . (Migliaccio, Nicholas)

January 23, 2019

Filing 244 Pre-Motion Letter from Alan J. Pope for FCA US LLC requesting Extension of the Court deadline to answer the FAC submitted to Judge Mae A. D'Agostino . (Pope, Alan) Modified on 1/23/2019 (ban).

January 10, 2019

***Answer due date to #243 Amended Complaint updated for FCA US LLC answer due 1/23/2019. (sal )

January 9, 2019

Filing 243 AMENDED COMPLAINT Filed with Leave of Court against FCA US LLC filed by Robert Tomassini, Thomas Hromowyk. (Attachments: #1 Exhibit(s) A -- NHTSA Complaints)(Keach, Elmer)

January 8, 2019

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 1/8/2019. An amended complaint will be filed by tomorrow. Defendant anticipates filing a motion to dismiss the amended complaint. Plaintiff intends to re-move for class-certification. Magistrate Judge Peebles directs both parties to file applications to District Judge D'Agostino seeking permission to file such motions simultaneously or sequentially. The deposition of the consolidated plaintiff Thomas Hromowyk needs to be completed, as well as the inspection of the vehicle and exchange of further discovery materials. Magistrate Judge Peebles stays the deadline for discovery, however, he does not issue a stay discovery. No schedule is put in place at this time and no further telephone conference. set before Magistrate Judge Peebles. Case will be monitored for decision on anticipated requests for permission to file motions and, if permission is granted, a decision on the intended motions. APP: Elmer Keach, III, Esq., Nicholas Migliaccio, Esq., Gary Graifman, Esq., Alan Pope, Esq., and Stephen D'Aunoy, Esq.. (sal)

December 28, 2018

Filing 242 TEXT ORDER: A Telephone Conference is set for 1/8/2019 at 4:00 PM before Magistrate Judge David E. Peebles. Defendant's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620 or he/she may provide a call-in number and passcode to the court and all counsel. Authorized by Magistrate Judge David E. Peebles on 12/28/2018. (sal )

December 12, 2018

Filing 241 MANDATE of USCA re #239 Status Report - Denying the Petition to Appeal filed with the Second Circuit. (jdp, )

December 12, 2018

Filing 240 MEMORANDUM-DECISION AND ORDER granting #230 Motion to Intervene: The Court hereby ORDERS that the motion of Proposed Intervenor Thomas Hromowyk to intervene in this action is GRANTED; and the Court further ORDERS that Plaintiffs may amend the Complaint only insofar as they assert the surviving claims from Spratley v. FCA US, LLC, No. 3:17-cv-00062, and the factual allegations pertinent to Thomas Hromowyk for the claims asserted in this action; and the Court further ORDERS that pending a future order dismissing one of these actions, Civil No. 3:14-cv-1226 shall be designated as the Lead Case, and Civil No. 3:17-cv- 00062 shall be designated as the Member Case; and the Court further ORDERS that all further docketing shall take place in the Lead Case 3:14-cv-1226; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 12/12/18. (ban) Modified on 12/12/2018 (ban).

November 20, 2018

Filing 239 STATUS REPORT - Advising the Court that a Petition to Appeal the Class Certification Decision pursuant to Federal Rule of Civil Procedure 23(f) was filed in the Second Circuit. by Robert Tomassini. (Keach, Elmer) Modified on 12/11/2018 to clarify what was noted in the Status Report. (jmb)

November 15, 2018

Filing 238 TEXT ORDER: The parties are directed to file a joint Status Report on or before 11/20/2018 as to the status of this action. Authorized by Magistrate Judge David E. Peebles on 11/15/2018. (sal )

November 8, 2018

Filing 237 MEMORANDUM-DECISION AND ORDER denying #230 Motion for Reconsideration. Signed by U.S. District Judge Mae A. D'Agostino on 11/8/2018. (ban)

October 23, 2018

Filing 236 TRANSCRIPT of Proceedings: Oral Argument held on May 16, 2018 before Judge Mae A. D'Agostino, Court Reporter: Theresa J. Casal, Telephone number: 518.257.1897. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2018. Redacted Transcript Deadline set for 11/23/2018. Release of Transcript Restriction set for 1/22/2019. Notice of Intent to Redact due by 10/29/2018 (tjc, )

October 1, 2018

Filing 235 REPLY to Response to Motion re #230 MOTION for Reconsideration re #228 Order on Motion to Certify Class,,, Order on Motion for Miscellaneous Relief,, OR, ALTERNATIVELY, PROPOSED INTERVENOR THOMAS HROMOWYKS MOTION TO INTERVENE AS AN ADDITIONAL CLASS REPRESENTATIVE AND AMEND THE COMPLAINT filed by Robert Tomassini. (Migliaccio, Nicholas)

September 24, 2018

Filing 234 TEXT ORDER granting #233 Letter Request: It is hereby ORDERED that the plaintiff's request for leave to file a reply brief re #230 Motion for Reconsideration, on or before 10/1/18 is GRANTED. NO further extensions of this deadline will be entertained. The Motion return date will remain set for 10/2/18 (ON SUBMIT) before Judge D'Agostino. Signed by U.S. District Judge Mae A. D'Agostino on 9/24/2018. (ban)

September 21, 2018

Filing 233 Letter Motion from Elmer Keach for Robert Tomassini requesting Extension of Time to File Reply Brief In Support of Motion for Reconsideration Until October 1, 2018, On Consent submitted to Judge Mae A. D'Agostino . (Keach, Elmer)

September 17, 2018

Filing 232 RESPONSE in Opposition re #230 MOTION for Reconsideration re #228 Order on Motion to Certify Class,,, Order on Motion for Miscellaneous Relief,, OR, ALTERNATIVELY, PROPOSED INTERVENOR THOMAS HROMOWYKS MOTION TO INTERVENE AS AN ADDITIONAL CLASS REPRESENTATIVE AND AMEND THE filed by FCA US LLC. (Pope, Alan)

August 31, 2018

Filing 231 NOTICE by Robert Tomassini in Response to August 17, 2018 Text Order (Rathod, Jason)

August 20, 2018

Filing 230 MOTION for Reconsideration re #228 Order on Motion to Certify Class,,, Order on Motion for Miscellaneous Relief,, OR, ALTERNATIVELY, PROPOSED INTERVENOR THOMAS HROMOWYKS MOTION TO INTERVENE AS AN ADDITIONAL CLASS REPRESENTATIVE AND AMEND THE COMPLAINT FOR PURPOSES OF RENEWING PLAINTIFFS MOTION FOR CLASS CERTIFICATION Motion Hearing set for 10/2/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 9/17/2018 filed by Robert Tomassini. (Attachments: #1 Memorandum of Law, #2 Declaration of Nicholas A. Migliaccio in Support of Motion, #3 Exhibit(s) 1 - Initial Complaint, #4 Exhibit(s) 2 - Amended Complaint, #5 Exhibit(s) 3 - Transfer Order, #6 Exhibit(s) 4 - Lack of Jurisdiction, #7 Exhibit(s) 5 - Hill Order Granting Class Certification, #8 Exhibit(s) 6 - Proposed Amended Complaint, #9 Proposed Order/Judgment) (Rathod, Jason) Modified on 12/12/2018 (ban, ).

August 16, 2018

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 8/16/2018. Plaintiff's counsel may move to intervene the sole remaining plaintiff, Thomas Hromowyk, named in the related case 3:17-cv-62, Spratley et al v. FCA US LLC and/or to consolidate this action with the Spratley case. Magistrate Judge Peebles directs plaintiff's counsel to file this motion on or before 9/7/2018 at which time a briefing schedule and hearing date will be set before Magistrate Judge Peebles. The stay of the deadlines in this case is continued. Plaintiff's counsel has not yet decided if a request for permission to appeal District Judge D'Agostino's #228 order will be filed. Magistrate Judge Peebles directs plaintiff's counsel to notify the court when that decision is made and, if an application is made, when the Second Circuit acts on it. APP: Elmer Keach, III, Esq., Jennifer Goldstein, Esq., Daniel Calvert, Esq., Jason Rathod, Esq., Jay Brody, Esq., Alan Pope, Esq., and Stephen D'Aunoy, Esq.. (sal) Modified conference date on 8/17/2018 (sal ).

August 7, 2018

Filing 229 TEXT ORDER : A Telephone Conference is set for 8/16/2018 at 3:00 PM before Magistrate Judge David E. Peebles. Parties should be prepared to discuss new deadlines for mandatory mediation, discovery and dispositive motions in this action. Counsel for defendant is directed to initiate the call to Chambers, which can be reached at (315) 234-8620 or he/she may provide a call-in number and passcode to the court and all counsel. Authorized by Magistrate Judge David E. Peebles on 8/7/2018. (sal)

August 6, 2018

Filing 228 MEMORANDUM-DECISION AND ORDER denying #194 Motion to Certify Class; denying as moot #218 Motion to Preclude Expert Testimony: The Court hereby ORDERS that Plaintiff's motion for class certification (Dkt. No. 194) is DENIED; andthe Court further ORDERS that Defendant's motion to preclude expert testimony (Dkt. No. 218) is DENIED as moot; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 8/6/2018. (ban)

June 28, 2018

Filing 227 TRANSCRIPT REQUEST by Robert Tomassini for proceedings held on 05/16/2018 before Judge Mae A. D'Agostino.. (Attachments: #1 Exhibit(s) Transcript Order Form)(Graifman, Gary)

May 31, 2018

Filing 226 TEXT ORDER granting #225 Motion to Withdraw as Attorney by Susan L. Werstak, Esq.. Attorney Susan L. Werstak terminated. Authorized by Magistrate Judge David E. Peebles on 5/30/2018. (sal )

May 30, 2018

Filing 225 MOTION to Withdraw as Attorney for Susan L. Werstak as counsel for FCA US LLC filed by FCA US LLC. Motions referred to David E. Peebles. (Pope, Alan)

May 16, 2018

TEXT Minute Entry for Motion Hearing held before U.S. District Judge Mae A. D'Agostino on 5/16/2018 re #218 MOTION to Exclude the Reports and Testimony of Plaintiff's Experts; #194 MOTION to Certify Class; and #173 MOTION Deny Class Certification, or, Alternatively, for an Order Precluding Plaintiff from Seeking Certification of a Class that Includes those who Purchased or Leased Class Vehicles Prior to September 8, 2011: Appearances by Nicholas Migliaccio, Esq., Elmer Keach, Esq., Gary Graigman, Esq., Daniel Calvert, John Rathod, Esq., Jennifer Goldstein, Esq., Gary Mason, Esq., and Jay Brody, Esq. for the Plaintiffs; Stephen D'Aunoy, Esq., Kathy Wisniewski, Esq., and Alan Pope, Esq. for the defendant; Judge D'Agostino addresses counsel with questions that she has. Nicholas Migliaccio, Esq. addresses the Court for the plaintiff; Stephen D'Aunoy, Esq. addresses the Court for the defendant; The Court will get a written decision entered as soon as possible. (Court Reporter Theresa Casal, CRD Britney Norton [Time 12:35 a.m. - 1:35 p.m.]) (ban)

May 15, 2018

Filing 224 Letter Motion from Elmer Keach for Robert Tomassini requesting Providing Supplemental Factual Information to the Court in Preparation for Oral Argument submitted to Judge Mae A. D'Agostino . (Attachments: #1 Exhibit(s) CAIR Report, #2 Exhibit(s) CAIR Report)(Keach, Elmer)

May 14, 2018

Filing 223 LETTER BRIEF regarding FCA US's Memorandum in Opposition to Plaintiff's Motion for Class Certification was inadvertently filed as an exhibit to the Declaration of Stephen A. D'Aunoy in Support of FCA US LLC's Opposition to Plaintiff's Motion for Class Certification (ECF #209-11) by FCA US LLC. (Pope, Alan)

May 4, 2018

Filing 222 RESPONSE in Support re #218 MOTION to Exclude the Reports and Testimony of Plaintiff's Experts filed by FCA US LLC. (Pope, Alan)

May 1, 2018

Filing 221 TEXT ORDER granting #219 Letter Request for leave to file an oversized brief: It is hereby ORDERED that the Plaintiff's request for leave to file an oversized brief in response to Defendants' motion to exclude testimony, is GRANTED. The #220 brief in opposition, filed by the plaintiff on 4/30/18, is Accepted for filing. Signed by U.S. District Judge Mae A. D'Agostino on 5/1/2018. (ban)

April 30, 2018

Filing 220 RESPONSE in Opposition re #218 MOTION to Exclude the Reports and Testimony of Plaintiff's Experts filed by Robert Tomassini. (Attachments: #1 Exhibit(s) 1 - Sullivan Report, #2 Exhibit(s) 2 - Sullivan Deposition Excerpts, #3 Exhibit(s) 3 - Pinsonneault Report, #4 Exhibit(s) 4 - Lynch Report, #5 Exhibit(s) 5 - Sullivan Rebuttal Report, #6 Exhibit(s) 6 - Duquette Deposition Excerpts, #7 Exhibit(s) 7 - Lynch Deposition Excerpts, #8 Exhibit(s) 8 - Continental Report, #9 Exhibit(s) 9 - McLellan Report, #10 Exhibit(s) 10 - McLellan Supplemental Report, #11 Exhibit(s) 11 - McLellan Deposition Excerpts, #12 Exhibit(s) 12 - Gaskin Declaration, #13 Exhibit(s) 13 - Gaskin Deposition Excerpts, #14 Exhibit(s) 14 - Gaskin Rebuttal Report, #15 Exhibit(s) 15 - Pinsonneault Deposition Excerpts)(Rathod, Jason)

April 27, 2018

Filing 219 Letter Motion from Elmer Robert Keach, III for Robert Tomassini requesting Leave of Court to file an Overlength Brief submitted to Judge Mae A. D'Agostino . (Keach, Elmer)

April 13, 2018

Filing 218 MOTION to Exclude the Reports and Testimony of Plaintiff's Experts Motion Hearing set for 5/16/2018 11:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/30/2018 filed by FCA US LLC. (Attachments: #1 Exhibit(s) A - Eric V. Sullivan Deposition Transcript, #2 Exhibit(s) B - Richard F. Lynch Deposition Transcript, #3 Exhibit(s) C - David McLellan Deposition Transcript, #4 Exhibit(s) D - Steven P. Gaskin Deposition Transcript, #5 Exhibit(s) E - Gregory A. Pinsonneault Deposition Transcript) Motions referred to David E. Peebles. (Pope, Alan) Modified on 11/27/2019 (ban, ).

April 11, 2018

Filing 217 TEXT ORDER granting in part and denying in part #216 Letter Request: It is hereby ORDERED that FCA US LLC's request for leave to file an oversized memorandum in support of it's motion to exclude Plaintiffs' experts is GRANTED IN PART; FCA US LLC is permitted to file an oversized brief, not to exceed 30 pages. The deadline for the filing of the Motion to Exclude Plaintiffs' experts remains set for 4/13/18. Signed by U.S. District Judge Mae A. D'Agostino on 4/11/2018. (ban)

April 10, 2018

Filing 216 Letter Motion from Alan J. Pope for FCA US LLC requesting that the Court grant FCA US LLC's request for leave to file an overlength brief. submitted to Judge D'Agostino . (Pope, Alan)

March 26, 2018

Filing 215 REPLY to Response to Motion re #194 MOTION to Certify Class filed by Robert Tomassini. (Attachments: #1 Exhibit(s) A - Supplemental Declaration of Robert Tomassini, #2 Exhibit(s) B - Response Report of Steven P. Gaskin)(Rathod, Jason)

March 22, 2018

Filing 214 TEXT ORDER granting #213 Letter Request: It is hereby ORDERED that the Plaintiff's request for leave to file an oversized reply brief is granted. The Plaintiff may file a reply brief, not to exceed 25 pages, on or before 3/26/18. Signed by U.S. District Judge Mae A. D'Agostino on 3/22/2018. (ban)

March 21, 2018

Filing 213 Letter Motion from Elmer Keach for Robert Tomassini requesting Leave of Court to File Twenty-Five Page Reply Brief in Support of Motion for Summary Judgment submitted to Judge Mae A. D'Agostino . (Keach, Elmer)

March 14, 2018

Filing 212 ORDER: The Court hereby ORDERS that Defendant's motion to deny class certification (Dkt. No. 173) is DENIED and construed as a supplemental opposition to Plaintiff's motion for class certification (Dkt. No. 194); and the Court further ORDERS that Defendant's motion for reconsideration (Dkt. No. 211) is STRICKEN; and the Court further ORDERS that Defendant may file a single motion to exclude expert testimony on or before April 13, 2018, and Plaintiff may respond on or before April 30, 2018; and the Court further ORDERS that the Court will hear oral argument at 11:00 AM on Wednesday, May 16, 2018; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 3/14/2018. (ban)

March 14, 2018

TEXT NOTICE SETTING ORAL ARUGMENTS RE #194 MOTION to Certify Class , Defendant's Supplemental Opposition to the motion for class certification, and Defendant's motion to exclude expert testimony:ORAL ARGUMENT is set for 5/16/2018 at 11:00 AM in Albany before U.S. District Judge Mae A. D'Agostino. (ban)

March 9, 2018

Filing 211 **STRICKEN Pursuant to Judge D'Agostino's 3/14/18 Order** MOTION for Reconsideration re 210 Order,,, Motion Hearing set for 4/17/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/2/2018 filed by FCA US LLC. (Attachments: #1 Memorandum of Law in Support of FCA US LLC's Motion to Reconsider Text Order Striking Motions to Exclude Testimony of Plaintiff's Experts, or in the Alternative, to file Two Daubert Motions.) (Pope, Alan) Modified on 3/14/2018 (ban, ).

March 8, 2018

Filing 210 TEXT ORDER: On March 5, 2018, Defendant submitted its opposition to Plaintiff's motion for class certification, as well as five separate motions to exclude testimony from Plaintiff's experts. See Dkt. Nos. 204, 205, 206, 207, 20, 209. Defendant's motions to exclude testimony (Dkt. Nos. 204, 205, 206, 207, 208) are STRICKEN, and Plaintiff is not required to respond to those motions. Defendant may file a single motion to exclude testimony, and it may attach exhibits only if they are critical to the motion and referenced in Defendant's memorandum of law. No further motions or applications are to be filed until the motion to deny class certification (Dkt. No. 173) and the motion for class certification (Dkt. No. 194) are decided. Signed by U.S. District Judge Mae A. D'Agostino on 3/8/2018. (ban)

March 5, 2018

Filing 209 RESPONSE in Opposition re #194 MOTION to Certify Class filed by FCA US LLC. (Attachments: #1 Exhibit(s) A - Declaration of Earl J. Bibb, #2 Exhibit(s) B - Deposition Transcript of Richard Lynch, #3 Exhibit(s) C - Deposition Transcript of Eric V. Sullivan, #4 Exhibit(s) D - Expert Report of David J. Duquette, #5 Exhibit(s) E - Deposition Transcript of David J. Duquette, #6 Exhibit(s) F - Christine T. Wood Expert Report, #7 Exhibit(s) G - Deposition Transcript of Robert Tomassini, #8 Exhibit(s) H - Report of Robert E. McCormick, #9 Exhibit(s) I - Deposition Transcript of Steven P. Gaskin, #10 Exhibit(s) J - Deposition of Gregory A. Pinsonneault, #11 Memorandum of Law in Opposition to Plaintiff's Motion for Class Certification)(Pope, Alan)

March 5, 2018

Filing 208 **STRICKEN Pursuant to Judge D'Agostino's 3/8/18 Text Order** MOTION to Exclude the Reports and Testimony of Plaintiff's Expert Eric V. Sullivan Motion Hearing set for 4/17/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/2/2018 filed by FCA US LLC. (Attachments: #1 Declaration of Stephen A. D'Aunoy in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert Eric V. Sullivan, #2 Exhibit(s) A - Deposition Transcript of Eric V. Sullivan, #3 Exhibit(s) B - Eric V. Sullivan's Curriculum Vitae, #4 Memorandum of Law in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert Eric V. Sullivan) Motions referred to David E. Peebles. (Pope, Alan) Modified on 3/8/2018 (ban, ).

March 5, 2018

Filing 207 **STRICKEN Pursuant to Judge D'Agostino's 3/8/18 Text Order** MOTION to Exclude the Reports and Testimony of Plaintiff's Expert Richard F. Lynch Motion Hearing set for 4/17/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/2/2018 filed by FCA US LLC. (Attachments: #1 Declaration of Stephen D'Aunoy in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert Richard F. Lynch, #2 Exhibit(s) A - Dr. Richard F. Lynch's Curriculum Vitae, #3 Exhibit(s) B - Deposition Transcript of Richard F. Lynch, #4 Exhibit(s) C - Deposition Transcript of Eric V. Sullivan, #5 Memorandum of Law in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert Richard F. Lynch) Motions referred to David E. Peebles. (Pope, Alan) Modified on 3/8/2018 (ban, ).

March 5, 2018

Filing 206 **STRICKEN Pursuant to Judge D'Agostino's 3/8/18 Text Order** MOTION to Exclude the Reports and Testimony of Plaintiff's Expert David McLellan Motion Hearing set for 4/17/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/2/2018 filed by FCA US LLC. (Attachments: #1 Declaration of Stephen A. D'Aunoy in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert David McLellan, #2 Exhibit(s) A - Deposition Transcript of David McLellan, #3 Memorandum of Law in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert David McLellan) Motions referred to David E. Peebles. (Pope, Alan) Modified on 3/8/2018 (ban, ).

March 5, 2018

Filing 205 **STRICKEN Pursuant to Judge D'Agostino's 3/8/18 Text Order** MOTION to Exclude the Reports and Testimony of Plaintiff's Expert Steven P. Gaskin Motion Hearing set for 4/17/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/2/2018 filed by FCA US LLC. (Attachments: #1 Declaration of Stephen A. D'Aunoy in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert Steven P. Gaskin, #2 Exhibit(s) A - Redacted Deposition Transcript of Steven P. Gaskin, #3 Exhibit(s) B - Redacted Deposition Transcript of Gregory A. Pinsonneault, #4 Exhibit(s) C - Deposition Transcript of Robert Tomassini, #5 Memorandum of Law in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert Steven P. Gaskin) Motions referred to David E. Peebles. (Pope, Alan) Modified on 3/8/2018 (ban, ).

March 5, 2018

Filing 204 **STRICKEN Pursuant to Judge D'Agostino's 3/8/18 Text Order** MOTION to Exclude the Reports and Testimony of Plaintiff's Expert Gregory A. Pinsonneault Motion Hearing set for 4/17/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 4/2/2018 filed by FCA US LLC. (Attachments: #1 Declaration of Stephen A. D'Aunoy in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert Gregory A. Pinsonneault, #2 Exhibit(s) A - Redacted Deposition Transcript of Gregory A. Pinsonneault, #3 Exhibit(s) B - Redacted Deposition Transcript of Steven P. Gaskin, #4 Exhibit(s) C - Deposition Transcript of Robert Tomassini, #5 Memorandum of Law in Support of FCA US LLC's Motion to Exclude the Reports and Testimony of Plaintiff's Expert Gregory A. Pinsonneault) Motions referred to David E. Peebles. (Pope, Alan) Modified on 3/8/2018 (ban, ).

February 22, 2018

Filing 203 ***SEALED DOCUMENTS (Un-redacted Migliaccio Declaration #196 and SEALED EXHIBIT 3 to Migliaccio Declaration [196-3] by Robert Tomassini in Support of Plaintiff's #195 Motion for Class Certification. (ban)

February 22, 2018

Filing 202 ***SEALED UN-REDACTED MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION [unredacted version of docket entry #195 ]. by Robert Tomassini (submitted to the Court on 1/25/18 via email). (ban) (ban, ).

February 22, 2018

Filing 201 TEXT UNSEALING ORDER: It is hereby ORDERED that 154 Text Order Sealing #155 Sealed Memorandum-Decision and Order denying motion for summary judgment, is hereby RESCINDED. IT is further ORDERED that #155 Memorandum-Decision is no longer sealed. The Clerk is directed to unseal the Memorandum-Decision and Order [Dkt. No 155] filed in this case on 11/23/16. Signed by U.S. District Judge Mae A. D'Agostino on 2/22/2018. (ban)

February 21, 2018

Filing 200 NOTICE of Appearance by Jennifer S. Goldstein on behalf of All Plaintiffs (Goldstein, Jennifer)

February 20, 2018

Filing 199 AMENDED TEXT ORDER granting in part and denying in part #197 Letter Request: It is hereby ORDERED that the joint request to extend the briefing schedule for Plaintiff's Motion for Class Certification is Granted in part and DENIED in part. The Motion return date is reset for April 3, 2018 (ON SUBMIT) before Judge D'Agostino; The motion will be decided on the submission of the papers only. No personal appearances are necessary, unless otherwise notified by the Court; The defendant's response shall be filed on or before 3/5/18; The plaintiff's reply shall be filed on or before 3/26/18; No Sur-reply will be permitted; No further extensions of these deadlines will be entertained. It is further ORDERED that FCA US's request for leave to file an opposition brief up to 40 pages is GRANTED. Signed by U.S. District Judge Mae A. D'Agostino on 2/20/2018. (ban)

February 2, 2018

Filing 198 TEXT ORDER granting in part and denying in part #197 Letter Request: It is hereby ORDERED that the joint request to extend the briefing schedule for Plaintiff's Motion for Class Certification is Granted in part and DENIED in part. The Motion return date is reset for April 3, 2018 (ON SUBMIT) before Judge D'Agostino; The motion will be decided on the submission of the papers only. No personal appearances are necessary, unless otherwise notified by the Court; The defendant's response shall be filed on or before 3/5/18; The plaintiff's reply shall be filed on or before 3/26/18; No Sur-reply will be permitted; No further extensions of these deadlines will be entertained. Signed by U.S. District Judge Mae A. D'Agostino on 2/2/18. (ban)

February 2, 2018

NOTICE of Hearing on Motion #194 MOTION to Certify Class : Response to Motion due by 3/5/2018; Reply to Response to Motion due by 3/26/2018. The Motion Hearing is reset for 4/3/2018 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino. (ban)

February 1, 2018

Filing 197 Letter Motion from Alan J. Pope, Esq. for FCA US LLC requesting that the Court enter a briefing schedule on Plaintiff's Motion for Class Certification and that the Court grant FCA leave to file an opposition brief containing up to 40 pages. submitted to Judge D'Agostino . (Pope, Alan)

January 25, 2018

Filing 196 AFFIDAVIT in Support re #194 MOTION to Certify Class filed by Robert Tomassini. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Exhibit(s), #14 Exhibit(s), #15 Exhibit(s), #16 Exhibit(s), #17 Exhibit(s), #18 Exhibit(s), #19 Exhibit(s), #20 Exhibit(s), #21 Exhibit(s), #22 Exhibit(s), #23 Exhibit(s), #24 Exhibit(s), #25 Exhibit(s), #26 Exhibit(s), #27 Exhibit(s), #28 Exhibit(s), #29 Exhibit(s), #30 Exhibit(s), #31 Exhibit(s), #32 Exhibit(s), #33 Exhibit(s), #34 Exhibit(s), #35 Exhibit(s), #36 Exhibit(s), #37 Exhibit(s), #38 Exhibit(s), #39 Exhibit(s), #40 Exhibit(s), #41 Exhibit(s), #42 Exhibit(s), #43 Exhibit(s), #44 Exhibit(s), #45 Exhibit(s), #46 Exhibit(s), #47 Exhibit(s), #48 Exhibit(s), #49 Exhibit(s), #50 Exhibit(s), #51 Exhibit(s), #52 Exhibit(s), #53 Exhibit(s), #54 Exhibit(s))(Rathod, Jason)

January 25, 2018

Filing 195 MEMORANDUM OF LAW re #194 Motion to Certify Class, filed by Robert Tomassini. (Rathod, Jason)

January 25, 2018

Filing 194 MOTION to Certify Class Motion Hearing set for 3/6/2018 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 2/20/2018 Reply to Response to Motion due by 2/23/2018. filed by Robert Tomassini. (Rathod, Jason)

January 19, 2018

Filing 193 ORDER granting in part and denying in part #189 Plaintiff's Motion to File Exhibits to Plaintiff's Motion for Class Certification under Seal: It is hereby ORDERED that the Exhibits identified as Exhibits 1 and 2 shall be filed under seal, and the Exhibits identified as Exhibits 3 through 11 shall not be filed under seal; and the Court further ORDERS that a copy of this Order shall be served on both parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 1/19/2018. (ban)

January 19, 2018

Set Deadlines: Motions For Class Certification due to be filed by 1/25/2018. (ban)

January 18, 2018

Filing 192 Letter Motion from Alan J. Pope for FCA US LLC requesting that the plaintiff's request to change the orderly procedure should be denied re: (Doc. No. 186) submitted to Judge D'Agostino . (Pope, Alan) Modified on 1/18/2018 (sfp, ).

January 12, 2018

Filing 191 Letter Motion from Elmer Robert Keach, III for Robert Tomassini requesting Leave to File Motion for Class Certification Pending Decision to Seal submitted to Judge Mae A. D'Agostino . (Keach, Elmer)

November 3, 2017

Filing 190 RESPONSE in Opposition re #189 MOTION to Seal Documents re #186 Order,,,, filed by Robert Tomassini. (Attachments: #1 Exhibit(s) A -- Chart with Description of Documents Proposed to be Filed Under Seal (Filed Under Seal, Submitted to Chambers Electronically))(Keach, Elmer)

October 27, 2017

Filing 189 MOTION to Seal Documents re #186 Order,,,, filed by FCA US LLC. (Attachments: #1 Memorandum of Law FCA US LLC's Memorandum in Support of its Motion to Seal Documents, #2 Exhibit(s) A - Declaration of Stephen A. D'Aunoy in Support of FCA US LLC's Motion to Seal, #3 Exhibit(s) B - Declaration of Earl J. Bibb in Support of FCA US LLC's Motion to Seal) Motions referred to David E. Peebles. (Pope, Alan)

October 20, 2017

Filing 188 ORDER granting #187 Notice to Withdrawl as counsel filed by Jennifer Goldstein, Esq. for Robert Tomassini. Signed by U.S. District Judge Mae A. D'Agostino on 10/20/17. (ban)

October 19, 2017

Filing 187 NOTICE by Robert Tomassini OF WITHDRAWAL OF COUNSEL (Goldstein, Jennifer)

October 6, 2017

Filing 186 ORDER: The Court hereby ORDERS that Defendant's objections to the public filing of documents are MOOT; and the Court further ORDERS that Plaintiff must provide Defendant with an updated copy of all exhibits he plans to file with the motion for class certification within fourteen (14) days of the date of this Order; and the Court further ORDERS that Defendant must submit a sealing motion to the Court within seven (7) days of receiving Plaintiff's exhibits if Defendant wishes to prevent the exhibits from being publicly filed, and Plaintiff may submit a response to Defendant's sealing motion within seven(7) days of receiving the motion; and the Court further ORDERS that Plaintiff must file his motion for class certification within seven (7) days of the Court's decision on the sealing motion, or within seven (7) days of Defendant's failure to timely submit a sealing motion; and the Court furtherORDERS that the Clerk of the Court serve a copy of this Order on all parties inaccordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 10/6/2017. (ban)

October 2, 2017

Filing 185 RESPONSE in Support re #173 MOTION Deny Class Certification, or, Alternatively, for an Order Precluding Plaintiff from Seeking Certification of a Class that Includes those who Purchased or Leased Class Vehicles Prior to September 8, 2011. filed by FCA US LLC. (Pope, Alan)

September 27, 2017

Filing 184 TEXT ORDER granting #183 Letter Request: It is hereby ORDERED that Defendant FCA's request for an extension of time to file a reply regarding #173 Motion to Deny Class Certification, is GRANTED. Defendant FCA's reply shall be filed on or before 10/2/17. Signed by U.S. District Judge Mae A. D'Agostino on 9/27/2017. (ban)

September 26, 2017

Filing 183 Letter Motion from Alan J. Pope for FCA US LLC requesting an extension to respond to Plaintiff's Opposition to Defendant's Motion to Deny or Limit the Class submitted to Judge D'Agostino . (Pope, Alan)

September 22, 2017

Filing 182 RESPONSE in Opposition re #173 MOTION Deny Class Certification, or, Alternatively, for an Order Precluding Plaintiff from Seeking Certification of a Class that Includes those who Purchased or Leased Class Vehicles Prior to September 8, 2011. filed by Robert Tomassini. (Attachments: #1 Affirmation of Elmer Keach in Opposition, #2 List of Exhibits to Be Filed Under Seal)(Keach, Elmer)

September 19, 2017

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 9/19/2017. Parties are awaiting a ruling by District Judge D'Agostino on the objections. Once a decision is rendered, the class certification motion will be filed. Magistrate Judge Peebles stays the deadlines for mandatory mediation, discovery and dispositive motions at this time until District Judge D'Agostino has decided the certification issue. No new conference is scheduled before Magistrate Judge Peebles at this time. APP: Gary Mason, Esq., Jennifer Goldstein, Esq., Jason Rathod, Esq., Gary Graifman, Esq., Alan Pope, Esq., and Stephen D'Aunoy, Esq.. (sal )

September 19, 2017

TEXT ORDER: The deadlines for mandatory mediation, discovery, and dispositive motions are stayed pending a decision by District Judge Mae A. D'Agostino on the certification issue. Authorized by Magistrate Judge David E. Peebles on 9/19/2017. (sal)

September 18, 2017

Filing 181 TEXT ORDER granting in part and denying in part #179 Letter Request. On 09/18/2017, Plaintiff requested that this Court extend the time for the filing of his response to FCA US LLC's Motion to Deny Class Certification. Insofar as Plaintiff asks that the Court adjourn the response date until the same date that Plaintiff is required to file his Motion for Class Certification, his request is DENIED. As Defendant correctly contends, the pending motion presents a straightforward legal issue. Since Plaintiff's response to the pending motion is due today, the Court will extend the response deadline until 09/22/2017. No further extensions will be considered. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 09/18/2017. (bto)

September 18, 2017

Filing 180 RESPONSE in Opposition re #179 Letter Motion from Elmer Keach for Robert Tomassini requesting Adjournment of Response Date for Motion to Limit the Class Size Pending a Decision from the Court on Sealing Issues submitted to Judge Mae A. D'Agostino filed by FCA US LLC. (Pope, Alan)

September 18, 2017

Filing 179 Letter Motion from Elmer Keach for Robert Tomassini requesting Adjournment of Response Date for Motion to Limit the Class Size Pending a Decision from the Court on Sealing Issues submitted to Judge Mae A. D'Agostino . (Keach, Elmer)

September 1, 2017

Filing 178 TEXT ORDER denying #177 Letter Request. In its 08/30/2017 letter, Defendant asks the Court for clarification about the briefing schedule and for the Court to set response and reply deadlines for a motion that has yet to be filed. Once Plaintiff files his motion for class certification as directed during the 08/29/2017 telephone conference, the Court will set the response and reply deadlines. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 09/01/2017. (bto)

August 30, 2017

Filing 177 Letter Motion from Alan J. Pope for FCA US LLC requesting clarification about the briefing schedule for Plaintiff's motion for class certification. submitted to Judge D'Agostino . (Pope, Alan)

August 29, 2017

Filing 176 Minute Entry for telephone conference held before U.S. District Judge Mae A. D'Agostino: The parties were directed to confer regarding the documents at issue, as identified in the letter motion filed 08/24/2017. By 08/31/2017, Plaintiff's counsel shall provide to counsel for Defendant the documents they intend to include as exhibits in his motion for class certification. By 09/06/2017, counsel for Defendant shall file any objections to the documents Plaintiff intends to include with his motion for class certification. Plaintiff shall file his motion for class certification within two (2) business days of receiving the Court's decision regarding Defendant's objections. Additionally, the parties are instructed that in the forthcoming motion for class certification and response thereto, only relevant exhibits shall be attached to the motion. When placed on the docket, each exhibit shall be individually filed and shall clearly identify the content of the exhibit. Telephone Conference held on 8/29/2017 (Court Reporter Theresa Casal) (bto)

August 24, 2017

Filing 175 TEXT ORDER re #174 Letter Motion from Elmer Keach for Robert Tomassini requesting Telephone Conference with Court, and Two Business Day Extension of Time to File Motion for Class Certification submitted to Judge Mae A. D'Agostino filed by Robert Tomassini: IT is hereby ORDERED that the deadline for filing motions for Class Certification is adjournment without date, pending a telephone conference with Judge D'Agostino. A Telephone Conference is set for 8/29/2017 at 02:30 PM in Albany before U.S. District Judge Mae A. D'Agostino; Counsel are directed to dial-in for this conference call. Signed by U.S. District Judge Mae A. D'Agostino on 8/24/2017. (ban, )

August 24, 2017

Filing 174 Letter Motion from Elmer Keach for Robert Tomassini requesting Telephone Conference with Court, and Two Business Day Extension of Time to File Motion for Class Certification submitted to Judge Mae A. D'Agostino . (Keach, Elmer)

August 23, 2017

Filing 173 MOTION Deny Class Certification, or, Alternatively, for an Order Precluding Plaintiff from Seeking Certification of a Class that Includes those who Purchased or Leased Class Vehicles Prior to September 8, 2011. Motion Hearing set for 10/3/2017 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 9/18/2017 filed by FCA US LLC. (Attachments: #1 Memorandum of Law in Support of its Motion to Deny Class Certification) (Pope, Alan) Modified on 9/14/2017 - Motion no longer referred to David E. Peebles (sal).

August 16, 2017

Filing 172 TEXT ORDER granting #171 Letter Request: The Plaintiff's request for a 3 day extension of time to file the Motion for Class Certification is GRANTED. The motion for Class Certification is to be filed on or before 8/25/17; It is further ORDERED that the Plaintiff's request for an extension of time for Defendant's to file a Response to Plaintiff's motion for class certification from 45 days to 48 days is GRANTED; It is further ORDERED that the Plaintiff's request for leave to file a memorandum of law up to 40 pages is GRANTED. Signed by U.S. District Judge Mae A. D'Agostino on 8/16/2017. (ban)

August 15, 2017

Filing 171 Letter Motion from Elmer Keach for Robert Tomassini requesting Extension of Time to File Motion for Class Certification, and Extension of All Associated Deadlines submitted to Judge Mae A. D'Agostino . (Keach, Elmer)

June 14, 2017

CLERK'S CORRECTION OF DOCKET ENTRY re #121 Affidavit in Opposition to Motion, #116 Affidavit in Opposition to Motion: Docket entries #116 and #121 have been unsealed and redacted pursuant to Judge D'Agostino's 1/6/17 Memorandum-Decision and Order [dkt # 158]. (ban)

May 25, 2017

Filing 170 TEXT ORDER: Based upon a telephone conference conducted on 5/24/2017, it is hereby ORDERED as follows: plaintiff shall disclose to defendant's counsel proposed supplemental expert reports on or before 6/2/2017. The court makes no ruling regarding propriety of that supplementation. The following revised schedule will govern the progression of this action: Class Certification Discovery is due to be completed on or before 7/25/2017; Class Certification Motions must be filed on or before 8/22/2017; Response to Class Certification Motion is due forty-five (45) days after the filing of such motion. Reply to the Class Certification Motion is due thirty (30) days after the filing of opposition papers. The parties are advised that this schedule is FIRM absent extenuating circumstances. Authorized by Magistrate Judge David E. Peebles on 5/25/2017. (sal )

May 24, 2017

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 5/24/2017. Parties report that several depositions of Chrysler representatives have been taken. Plaintiff's counsel has received a range of discovery documents from defendant. Depositions of Marty McDaniel and a Rule 30(b)(6) witness from Continental are anticipated to be taken. Parties are attempting to resolve lingering discovery issues. Plaintiff's counsel is directed to disclose to defendant's counsel proposed supplemental expert reports on or before 6/2/2017. Magistrate Judge Peebles will extend the deadlines by sixty days and a text order reflecting these deadlines will be issued shortly. In the event the class certification motion is filed earlier than expected, then the parties will have to address the briefing schedule for that motion with District Judge D'Agostino. Judge Peebles notes that this case was commenced in 2014 and encourages the parties to work together to conduct discovery in an efficient manner in order to meet the deadlines that are in place. The motion to dismiss filed in the related case Spratley is fully briefed and pending before District Judge D'Agostino. Settlement is premature. The telephone conference set for 9/19/2017 at 3:00 PM remains in place. APP: Elmer Keach, III, Esq., Jennifer Goldstein, Esq., Nicholas Migliaccio, Esq., Jason Rathod, Esq., Jay Brody, Esq., Alan Pope, Esq., and Stephen D'Aunoy, Esq.. (sal )

May 23, 2017

Filing 169 STATUS REPORT Filed in Preparation for Status Conference, Seeking Extension of Discovery Deadlines by Robert Tomassini. (Keach, Elmer)

May 23, 2017

Set Hearings: A Telephone Conference is set for 5/24/2017 at 4:30 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620 or provide all counsel and the court with a call-in number and passcode. (sal )

April 20, 2017

Filing 168 TRANSCRIPT of Proceedings: Telephonic Motion held on June 8, 2016 before Judge David E. Peebles, Court Reporter: Diane S. Martens, Telephone number: 315-234-8545. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/11/2017. Redacted Transcript Deadline set for 5/22/2017. Release of Transcript Restriction set for 7/19/2017. Notice of Intent to Redact due by 4/25/2017 (dm2, )

April 20, 2017

Filing 167 TRANSCRIPT of Proceedings: Motion Hearing held on June 2, 2016 before Judge David E. Peebles, Court Reporter: Diane S. Martens, Telephone number: 315-234-8545. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/11/2017. Redacted Transcript Deadline set for 5/22/2017. Release of Transcript Restriction set for 7/19/2017. Notice of Intent to Redact due by 4/25/2017 (dm2, )

March 21, 2017

Filing 166 TEXT ORDER granting #165 Motion for Limited Admission Pro Hac Vice. Authorized by Magistrate Judge David E. Peebles on 3/21/17. (cam, )

March 21, 2017

Set/Reset Hearings: Telephone Conference set for 9/19/2017 at 3:00 pm before Magistrate Judge David E. Peebles. Plaintiff's counsel is asked to initiate the call by either providing a call-in number or dialing chambers directly at (315) 234-8620. (cam, )

March 21, 2017

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 3/21/17. Parties discuss the status of the case and where they are in discovery. Stay of mediation deadline remains. The next telephone conference is scheduled for 9/19/17 at 3:00 p.m. with defendant's counsel to initiate. APP. Jennifer S. Goldstein, Esq., Daniel C. Calvert, Esq. Nicholas A. Migliaccio, Esq. and Jason S. Rathod, Esq., Gary S. Graifman, Esq., Alan Pope, Esq. and Stephen A. D'Aunoy, Esq. (cam, )

March 17, 2017

Filing 165 MOTION for Limited Admission Pro Hac Vice of Susan L. Westak, Esq. Filing fee $100, receipt number 0206-3957164. filed by FCA US LLC. (Attachments: #1 Affidavit Affidavit of Sponsor, #2 Exhibit(s) Petition for Admission, #3 Exhibit(s) Certificate of Good Standing, #4 Exhibit(s) Oath of Admission, #5 Exhibit(s) ECF Registration, #6 Proposed Order/Judgment Proposed Order) Motions referred to David E. Peebles. (Pope, Alan)

March 10, 2017

Set Hearings: A Status Telephone Conference is set for 3/21/2017 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )

March 8, 2017

Filing 164 TEXT ORDER granting #163 Motion for Limited Admission Pro Hac Vice of Jennifer S. Goldstein, Esq. for plaintiff Robert Tomassini. Authorized by Magistrate Judge David E. Peebles on 3/8/2017. (sal )

March 7, 2017

Filing 163 MOTION for Limited Admission Pro Hac Vice of Jennifer S. Goldstein Filing fee $100, receipt number 0206-3947623. filed by Robert Tomassini. (Attachments: #1 Proposed Order/Judgment Proposed Order, #2 Affidavit Sponsor Affidavit, #3 Exhibit(s) Petition for Admission, #4 Exhibit(s) ECF Registration, #5 Exhibit(s) Attorney Oath, #6 Exhibit(s) Certificate of Good Standing) Motions referred to David E. Peebles. (Mason, Gary)

February 28, 2017

Filing 162 TEXT ORDER granting #161 Letter Request. The deadline for filing a Motion to Compel is extended until 3/6/2017. A briefing schedule and motion hearing date will thereafter be scheduled at that time before Magistrate Judge Peebles. If this motion is not filed by the 3/6/2017 deadline, then a status telephone conference will be scheduled to discuss the progression of this action with counsel. Authorized by Magistrate Judge David E. Peebles on 2/28/2017. (sal )

February 27, 2017

Filing 161 Letter Motion from Elmer Keach for Robert Tomassini requesting Extension to Time to File Motion to Compel submitted to Judge David E. Peebles . (Keach, Elmer)

February 14, 2017

Filing 160 TEXT ORDER granting #159 Letter Request The deadline for filing a Motion to Compel is extended until 2/27/2017. A briefing schedule and motion hearing date will thereafter be scheduled at that time before Magistrate Judge Peebles. If this motion is not filed by the 2/27/2017 deadline, then a status telephone conference will be scheduled to discuss the progression of this action with counsel. Authorized by Magistrate Judge David E. Peebles on 2/14/2017. (sal)

February 13, 2017

Filing 159 Letter Motion from Elmer Keach for Robert Tomassini requesting Extension of Time to File Motion to Compel Until February 27, 2017 submitted to Judge David E. Peebles . (Keach, Elmer)

January 6, 2017

Filing 158 MEMORANDUM-DECISION AND ORDER re #125 Letter Motion: The Court hereby ORDERS that Plaintiff's motion to publicly file the exhibits connected with Defendant's motion for summary judgment and motion to exclude putative class members is GRANTED with specific redactions; and the Court further ORDERS that Defendant's current and previous employees' names, direct contact information, and the user name of their email addresses should be redacted from the exhibits prior to filing; and the Court further ORDERS that all customers' names, street addresses, and direct contact information should be redacted from the exhibits prior to filing; and the Court further ORDERS that the Parties prepare and submit one version of redacted exhibits for public filing to the Court ; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 1/6/17. (ban)

December 14, 2016

Filing 157 TEXT SCHEDULING ORDER with respect to discovery concerning class certification: Any renewed motion to compel, if deemed necessary, is due to be filed on or before 2/13/2017, response to this motion is due to be filed on or before 2/28/2017, and any reply is due to be filed on or before 3/10/2017. A motion hearing will thereafter be scheduled before Magistrate Judge Peebles. If this motion is not filed by the 2/13/2017 deadline, then Magistrate Judge Peebles will schedule a status telephone conference to discuss discovery with counsel. The deadline for completion of discovery regarding class certification is set for 5/26/2017. The following schedule has been approved by District Judge Mae A. D'Agostino: the deadline for filing a class certification motion is set for 6/23/2017 (plaintiff reserves the right to file this motion earlier), the response deadline is set for 8/11/2017, and any reply is due to be filed on or before 9/12/2017. The mandatory mediation deadline is stayed pending further order of the court. Authorized by Magistrate Judge David E. Peebles on 12/14/2016. (sal )

December 12, 2016

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 12/12/2016. The parties indicate that class related expert reports have been exchanged, as well as responsive and rebuttal expert reports, however, these reports may need to be supplemented. With respect to discovery concerning class certification, the deadlines are set as follows: any renewed motion to compel, if deemed necessary, is due to be filed on or before 2/13/2017, response to this motion is due on or before 2/28/2017, and any reply is due on or before 3/10/2017. A motion hearing will thereafter be scheduled before Magistrate Judge Peebles. If this motion is not filed by the 2/13/2017 deadline, then Magistrate Judge Peebles will schedule a status telephone conference to discuss discovery with counsel. The deadline for completion of discovery regarding class certification is set for 5/26/2017. The following schedule is set pending approval by District Judge D'Agostino: the deadline for filing a class certification motion is 6/23/2017 (plaintiff reserves the right to file this motion earlier), the response deadline is 8/11/2017, and any reply is due by 9/12/2017. The parties have not yet discussed a schedule regarding discovery on the merits. The mandatory mediation deadline is stayed pending further order of the court. A case is currently pending in the EDNY (Spratley) that may be transferred to this district and, if transferred, a request for consolidation with this action will mostly likely be made which will affect the schedule. APP: Elmer Keach, III, Esq., Gary Mason, Esq., Nicholas Migliaccio, Esq., Jason Rathod, Esq., Gary Graifman, Esq., Jay Brody, Esq., Alan Pope, Esq., Stephen D'Aunoy, Esq.. (sal )

November 28, 2016

Filing 156 TEXT ORDER : A Telephone Conference is set for 12/12/2016 at 3:30 PM before Magistrate Judge David E. Peebles. The parties are directed to confer, well in advance of this conference, in an effort to agree on a new schedule in this matter. Defendant's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 11/28/2016. (sal )

November 23, 2016

Filing 155 SEALED MEMORANDUM-DECISION AND ORDER denying #84 Motion for Summary Judgment; denying #85 Motion to exclude putative class members: It is hereby ORDERED ORDERS that Defendant's motion for summary judgment is DENIED; and the Court further ORDERS that Defendant's motion to exclude putative class members is DENIED; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 11/23/2016. (ban) [Modified on 2/22/2018 - unsealed pursuant to Judge D'Agostino's 2/22/18 text order] (ban).

November 23, 2016

Filing 154 TEXT ORDER: The Court will file the entire Memorandum-Decision and Order on Defendant's motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure under seal temporarily, in accordance with Judge David. E. Peebles Order entered December 11, 2015, see Dkt. No. 40, pending the outcome in this Court's decision on Plaintiff's request to unseal the motion exhibits. See Dkt. Nos. 125; 151; 152. Signed by U.S. District Judge Mae A. D'Agostino on 11/23/16. (ban)

November 14, 2016

Filing 152 LETTER BRIEF Regarding Documents Previously Filed Under Seal, and Arguments to Unseal Judicial Documents by Robert Tomassini. (Attachments: #1 Exhibit(s) A- Chart Summarizing Sealed Documents (Filed Under Seal))(Keach, Elmer)

November 14, 2016

Filing 151 LETTER BRIEF by FCA US LLC. (Attachments: #1 Exhibit(s))(Pope, Alan)

November 10, 2016

Filing 150 TEXT ORDER granting #149 Letter Request for clarification of the Court's 148 Text Order: It is hereby ORDERED that Plaintiff's request for an extension of time to file submissions to the Court is granted. Submissions from counsel regarding 148 Text Order, are due by 11/14/16. Signed by U.S. District Judge Mae A. D'Agostino on 11/10/16. (ban)

November 10, 2016

Filing 149 Letter Motion from Elmer Keach for Robert Tomassini requesting Clarification of Court Order, and Leave of Court to File Submission on Continued Sealing on Monday, November 14, 2016 submitted to Judge Mae A. D'Agostino . (Keach, Elmer)

November 3, 2016

Filing 148 TEXT ORDER: Upon the Court's review of Defendant's motions for summary judgment and to exclude from the putative class and Plaintiff's oppositions to the same, the Court, sua sponte, will reconsider the letter motion from Plaintiff (DKT. NO. 125) requesting a review of the motion documents filed under seal. Specifically, the Court will review the motion documents, which have been designated by Defendant as confidential under Magistrate Judge David E. Peebles' stipulated Protective Order Regarding Confidentiality of Documents (DKT. NO. 40), under Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). The Parties have five (5) business days to submit to the Court their position on each of the documents. Submissions are to be filed by November 13, 2016. Signed by U.S. District Judge Mae A. D'Agostino on 11/3/2016. (ban)

October 14, 2016

Filing 147 ***SEALED Counter-Statement of Material Facts in Dispute [Un-Redacted Version of #118 by Robert Tomassini. (ban) (ban, ).

October 14, 2016

Filing 146 ***SEALED Plaintiffs' Response to FCA US LLC's Statement of Material Facts (Un-Redacted Version of #117 ) by Robert Tomassini. (ban) (ban, ).

October 14, 2016

Filing 145 ***SEALED Plaintiff's Opposition to Defendant's Motion for Summary Judgment (UN-REDACTED Version of #119 ) by Robert Tomassini. (ban) (ban, ).

October 14, 2016

Filing 144 ***SEALED MEMORANDUM OF LAW (UN-REDACTED Version of #122 ) by Robert Tomassini. (ban) (ban, ).

September 28, 2016

Filing 143 TEXT ORDER : Pursuant to the text order issued on 6/9/2016 (Dkt. No. 113 ), the court deemed the June 3, 2016 Order (Dkt. No. #110 ) to include a stay on the part of both parties from contacting putative class members relative to this action for a period of ninety (90) days. This order remains in effect until 11/30/2016 without prejudice to the right of defendant to apply for an extension of the stay. This sunset provision shall not affect the June 3, 2016 #110 order as it relates to a stay of other discovery, which will remain in effect until further order of the court. Authorized by Magistrate Judge David E. Peebles on 9/28/2016. (sal )

September 22, 2016

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 9/22/2016. Parties discuss the status of the case, including the stay on the part of both parties from contacting putative class members relative to this action. After a discussion, Judge Peebles extends the stay to 11/30/16. A telephone conference will be scheduled after a decision is rendered in the pending motion. APP: Elmer Keach, III, Esq., Gary Mason, Esq., Nicholas Migliaccio, Esq., Jason Rathod, Esq., Gary Graifman, Esq., Jay Brody, Esq., Jennifer Goldstein, Esq., Alan Pope, Esq., and Stephen D'Aunoy, Esq. (cam, )

July 27, 2016

TEXT Minute Entry for proceedings held on the record by telephone before Magistrate Judge David E. Peebles: Telephone Conference held on 7/27/2016 regarding plaintiff's #141 letter motion. After a lengthy discussion with counsel, Magistrate Judge Peebles gives plaintiff's counsel permission to file a letter motion objecting to the confidential designation, which must follow paragraph 4 of the confidentiality order. Dkt. No. #40 . Judge Peebles encourages the parties to continue this dialogue and try to resolve the dispute on their own. APP: Elmer Keach, III, Esq., Daniel Calvert, Esq., Nicholas Migliaccio, Esq., Jason Rathod, Esq., Gary Graifman, Esq., Jay Brody, Esq., Jennifer Goldstein, Esq., Alan Pope, Esq., and Stephen D'Aunoy, Esq.. (Court Reporter Diane Martens). (sal)

July 22, 2016

Filing 142 TEXT ORDER granting #141 Letter Request for a conference with the court. A Telephone Conference is set for 7/27/2016 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620 or provide all counsel and the court with a call-in number and passcode. At least 24 hours prior to the conference plaintiffs' counsel shall prepare and forward to defendants' counsel a list of all materials and search terms it proposes to disclose to Schrader-Bridgeport International, Inc. pursuant to the order of Magistrate JUDGE Elizabeth A. Stafford. The parties must then confer and discuss any objections of the defendants in an effort to resolve or narrow the issues to be presented to the court. The parties are reminded of their obligation under Rule 1 of the Federal Rules of Civil Procedure, as recently amended, and this court's expectation that discovery in this case will be conducted professionally, civilly, efficiently, and proportionately. Authorized by Magistrate Judge David E. Peebles on 7/22/16. (sal )

July 22, 2016

Filing 141 Letter Motion from Elmer Keach for Robert Tomassini requesting Discovery Conference submitted to Judge David E. Peebles . (Attachments: #1 Exhibit(s) A -- Order of USDC, Eastern District of Michigan, #2 Exhibit(s) B -- Letter regarding sharing search terms with Schrader, #3 Exhibit(s) C -- Email between counsel)(Keach, Elmer)

July 15, 2016

Filing 140 NOTICE by FCA US LLC No sanction motion to be filed (Pope, Alan)

July 12, 2016

Filing 139 ***SEALED RESPONSE to Plaintiff's Counter-Statement of Material Facts in Dispute (Un-Redacted copy of #137 ) by FCA US LLC. (ban) (Additional attachment(s) added on 7/12/2016: #1 Cover Letter) (ban, ).

July 7, 2016

Filing 138 TEXT ORDER granting #136 Letter Request for leave to file under seal an unredacted version of #137 Response to Plaintiff's Counter-Statement of Material Facts. The Unredacted version of docket entry no. 137 shall be filed under seal. Defendant FCA US LLC is directed to provide a paper copy and a PDF copy of the Unredacted Response, to Judge D'Agostino's chambers for filing under seal. Signed by U.S. District Judge Mae A. D'Agostino on 7/7/2016. (ban)

June 24, 2016

Filing 137 REDACTED STATEMENT OF MATERIAL FACTS re #84 MOTION for Summary Judgment Counter-statement of material facts in dispute filed by FCA US LLC. (Pope, Alan) Modified on 7/6/2016 (ban).

June 24, 2016

Filing 136 Letter Motion from Alan J. Pope for FCA US LLC requesting leave to file under seal an unredacted version of its Response to Plaintiff's Counter-Statement of Material Facts in Dispute submitted to Judge D'Agostino . (Pope, Alan)

June 24, 2016

Filing 135 REPLY in Support re #85 MOTION to Dismiss MOTION to exclude from the putative class owners of vehicles on which no tire valve stems has corroded filed by FCA US LLC. (Attachments: #1 Exhibit(s) Exhibit A)(Pope, Alan)

June 24, 2016

Filing 134 REPLY in Support re #84 MOTION for Summary Judgment filed by FCA US LLC. (Pope, Alan)

June 23, 2016

Filing 131 TEXT ORDER denying #96 Letter Request; denying #125 Letter Request: It is hereby ORDERED that the protective order previously entered by Magistrate Judge Peebles on December 11, 2015 will remain controlling. Signed by U.S. District Judge Mae A. D'Agostino on 6/23/2016. (ban)

June 22, 2016

Filing 133 ***SEALED EXHIBITS 1-12, 14, 16-17 to #116 Affidavit in Opposition by Robert Tomassini. (ban)

June 22, 2016

Filing 132 ***SEALED Exhibits 1-7 to #121 Affidavit in Opposition to Motion to Exclude Class Members by Robert Tomassini. (ban)

June 22, 2016

TEXT Minute Entry for proceedings held on the record by telephone before Magistrate Judge David E. Peebles: Telephone Conference held on 6/22/2016. Due to timing, the parties have not been able to confer regarding the outstanding issue as detailed in plaintiff's #115 letter motion, defendant's #126 response in opposition, and plaintiff's #129 letter in support of motion. After discussing this issue further with Magistrate Judge Peebles, the parties will confer further. If the parties reach impasse, then the following briefing schedule is as follows: defendant's motion is due by 7/15/2016, plaintiff's response is due by 8/5/2016 (plaintiff's counsel intends to file a cross-motion for sanctions, which is permitted by Judge Peebles), defendant's response to the cross-motion is due by 8/19/2016, and an in-person motion hearing is set for 8/31/2016 at 10:00 AM in Syracuse before Magistrate Judge Peebles. Judge declines the request to temporarily prohibit plaintiff from filing any further class actions. APP: Elmer Keach, III, Esq., Gary Mason, Esq., Daniel Calvert, Esq., Nicholas Migliaccio, Esq., Jason Rathod, Esq., Gary Graifman, Esq., and Jay Brody, Esq. for Pltf.. Alan Pope, Esq., and Stephen D'Aunoy, Esq. for Deft.. (Court Reporter Eileen McDonough). (sal ) Modified conference date on 8/2/2016 (sal ).

June 22, 2016

Filing 130 Letter Motion from Elmer Keach for Robert Tomassini requesting Advising Court of Delivery of Unredacted Motion Papers to Chambers submitted to Judge Mae A. D'Agostino . (Keach, Elmer)

June 21, 2016

Filing 129 Letter from Alan J. Pope for FCA US LLC to Magistrate Judge Peebles attaching an additional exhibit in support of his #115 letter motion requesting Conference regarding potential motion seeking sanctions against Plaintiff's counsel for violation of this Court's Stipulated Protective Order Regarding Confidentiality and Return of Documents . (Attachments: #1 Exhibit(s))(Pope, Alan) Modified on 6/22/2016 to indicate this is a letter and not a letter motion (sal, ).

June 21, 2016

Filing 128 ***SEALED DOCUMENT : Plaintiff's unredacted version of Exhibit A to plaintiff's #126 response in opposition to defendant's #115 letter motion requesting a court conference to discuss FCA US's contemplated motion seeking sanctions for violation of this Court's Stipulated Protective Order Regarding Confidentiality and Return Documents is filed under seal. (sal ) (sal, ).

June 21, 2016

Filing 127 TEXT ORDER : Plaintiff's counsel, Elmer Robert Keach, III, Esq., has requested to file the unredacted version of Exhibit A to plaintiff's #126 response in opposition to defendant's #115 letter motion requesting a court conference to discuss FCA US's contemplated motion seeking sanctions for violation of this Court's Stipulated Protective Order Regarding Confidentiality and Return Documents under seal. This request is GRANTED and the clerk is directed to file this document under seal. Authorized by Magistrate Judge David E. Peebles on 6/21/16. (sal)

June 21, 2016

Filing 126 RESPONSE in Opposition to defendant's #115 letter motion requesting a court conference to discuss FCA US's contemplated motion seeking sanctions for violation of this Court's Stipulated Protective Order Regarding Confidentiality and Return Documents filed by Robert Tomassini. (Attachments: #1 Exhibit(s) A -- Letter to FCA US Regarding Massachusetts Claims, #2 Exhibit(s) B -- Letter to Plaintiff's Counsel from D'Aunoy, #3 Exhibit(s) C -- Letter to D'Aunoy from Plaintiff's Counsel)(Keach, Elmer) Modified on 6/21/2016 to indicate this is a response and not a letter motion (sal ).

June 21, 2016

Filing 125 Letter Motion from Elmer Keach for Robert Tomassini requesting Ruling from the Court Regarding Need to File Summary Judgment Papers Under Seal Under Lugosch submitted to Judge Mae D'Agostino . (Keach, Elmer)

June 20, 2016

Filing 124 TEXT ORDER granting #115 Letter Request. A Telephone Conference is set for 6/22/2016 at 4:00 PM before Magistrate Judge David E. Peebles. Defendant's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620, or provide the court and all counsel with a call-in number and passcode. Authorized by Magistrate Judge David E. Peebles on 6/20/16. (sal)

June 17, 2016

Filing 123 CERTIFICATE OF SERVICE by Robert Tomassini re #121 Affidavit in Opposition to Motion,, #122 Memorandum of Law (Keach, Elmer)

June 17, 2016

Filing 122 MEMORANDUM OF LAW re #85 Motion to Dismiss,, Motion for Miscellaneous/Other Relief, Memorandum of Law in Opposition to Motion to Dismiss filed by Robert Tomassini. (Keach, Elmer)

June 17, 2016

Filing 121 AFFIDAVIT in Opposition re #85 MOTION to Dismiss MOTION to exclude from the putative class owners of vehicles on which no tire valve stems has corroded filed by Robert Tomassini. (Keach, Elmer) (Additional attachment(s) added on 6/8/2017: #8 Exhibit(s) 1 - FCA Change Notice Worksheet, #9 Exhibit(s) 2 - TPMS Cairs Spreadsheet, #10 Exhibit(s) 3 - Plaintiff's Rebuttal Expert Report, #11 Exhibit(s) 4 - Plaintiff's Rebuttal Expert Report) (ban). (Additional attachment(s) added on 6/14/2017: #12 Exhibit(s) 5 - Expert Report of David R. McLellan in Connection with Plaintiff's Motion for Class Certification, #13 Exhibit(s) 6 - Expert Report of Gregory A. Pinsonneault, #14 Exhibit(s) 7 - Declaration of Steven P. Gaskin) (ban). Modified on 6/14/2017 (ban).

June 17, 2016

Filing 120 CERTIFICATE OF SERVICE by Robert Tomassini re #118 Statement of Material Facts, #116 Affidavit in Opposition to Motion,,,,,, #117 Statement of Material Facts, #119 Memorandum of Law (Keach, Elmer)

June 17, 2016

Filing 119 MEMORANDUM OF LAW re #84 Motion for Summary Judgment, Plaintiff's Memorandum of Law In Opposition to Defendant's Motion for Summary Judgment filed by Robert Tomassini. (Keach, Elmer)

June 17, 2016

Filing 118 STATEMENT OF MATERIAL FACTS re #84 MOTION for Summary Judgment Plaintiff's Counter-Statement of Material Fact filed by Robert Tomassini. (Keach, Elmer)

June 17, 2016

Filing 117 STATEMENT OF MATERIAL FACTS re #84 MOTION for Summary Judgment Plaintiff's Response to Defendant FCA's Statement of Material Facts filed by Robert Tomassini. (Keach, Elmer)

June 17, 2016

Filing 116 AFFIDAVIT in Opposition re #84 MOTION for Summary Judgment filed by Robert Tomassini. (Additional attachment(s) added on 6/8/2017: #1 Exhibit(s) 1 - TG1C AL 2011 versus AL 6061, #2 Exhibit(s) 2 0 Forever Requirement Summary, #3 Exhibit(s) 3 - Docs Prod by Continental (email from Continental to FCA), #4 Exhibit(s) 4 - Email to-from FCA entitled Tire Pressure Sensor) (Keach, Elmer)(ban). Modified on 6/8/2017 (ban). (Additional attachment(s) added on 6/8/2017: #5 Exhibit(s) 5- FCA Materials Engineering Lab Report, #6 Exhibit(s) 6 - FCA Materials Engineering Laboratory Report, #7 Exhibit(s) 7 - FCA CAIR Reports, #8 Exhibit(s) 8 - Declaration of Robert Thomassini, #9 Exhibit(s) 9 - Plaintiff's Expert Report, Intertek Industry Services, #10 Exhibit(s) 10 - Plaintiff's Expert Report, Richard Lynch, #11 Exhibit(s) 11- CAIR Report, Plaintiff Robert Tomassini) (ban, ). (Additional attachment(s) added on 6/8/2017: #12 Exhibit(s) 12 - Plaintiff's Expert Report, David McLellan, #13 Exhibit(s) 13 - Deposition of Plaintiff Robert Tomassini, #14 Exhibit(s) 14 - Plaintiff's Rebuttal Expert Report, Richard Lynch, #15 Exhibit(s) 15 - Declaration of Nicholas Migliaccio Pursuant to FRCP 56(d), #16 Exhibit(s) 16 - Plaintiff's Expert Report, Gregory Pinsonneault, #17 Exhibit(s) 17 - Declaration of Plaintiff's Expert Steven Gaskin, #18 Exhibit(s) 18 - Carfax Report, Plaintiff's Vehicle) (ban). Modified on 6/8/2017 (ban) - Documents UNSEALED pursuant to Judge D'Agostino's 1/6/17 MDO [dkt # 158].

June 17, 2016

Filing 115 Letter Motion from Alan J. Pope for FCA US LLC requesting that the Court schedule a conference to discuss FCA US's contemplated motion seeking sanctions for violation of this Court's Stipulated Protective Order Regarding Confidentiality and Return Documents submitted to Judge Peebles . (Pope, Alan)

June 9, 2016

Filing 114 TRANSCRIPT REQUEST by FCA US LLC for proceedings held on 6/8/2016 before Judge Peebles.. (Pope, Alan)

June 9, 2016

Filing 113 TEXT ORDER: The court deems the June 3, 2016 Order (Dkt. No. #110 ) to include a stay on the part of both parties from contacting putative class members relative to this action for a period of ninety (90) days. This order will remain in effect ninety (90) days without prejudice to the right of defendant to apply for an extension of the stay. The ninety (90) day sunset provision shall not affect the June 3, 2016 #110 order as it relates to a stay of other discovery, which will remain in effect until further order of the court. Authorized by Magistrate Judge David E. Peebles on 6/9/16. (sal )

June 8, 2016

TEXT Minute Entry for proceedings held on the record by telephone before Magistrate Judge David E. Peebles: Telephone Conference held on 6/8/2016 re defendant's #111 letter motion for clarification of the court's 6/3/2016 order (Dkt. No. #110 ). The parties would like clarification as to whether or not the stay of discovery precludes plaintiff from contacting putative class members. A companion case is anticipated to be filed in the EDNY. Magistrate Judge Peebles hears oral argument from counsel. Judge Peebles will issue a text order as follows: The court deems the June 3, 2016 Order (Dkt. No. #110 ) to include a stay on the part of both parties from contacting putative class members relative to this action for a period of ninety (90) days. This order will remain in effect ninety (90) days without prejudice to the right of defendant to apply for an extension of the stay. The ninety (90) day sunset provision shall not affect the June 3, 2016 #110 order as it relates to a stay of other discovery, which will remain in effect until further order of the court. APP: Elmer Keach, III, Esq., Jason Rathod, Esq., Nicholas Migliaccio, Esq., Jay Brody, Esq., Alan Pope, Esq., and Stephen D'Aunoy, Esq.. (Court Reporter Diane Martens). (sal)

June 8, 2016

Filing 112 TRANSCRIPT REQUEST by FCA US LLC for proceedings held on 6/2/2016 before Judge Peebles.. (Pope, Alan)

June 8, 2016

Filing 111 Letter Motion from Alan J. Pope for FCA US LLC requesting the Court's assistance in resolving a discovery dispute that has arisen regarding the Court's June 3, 2016 Order staying all discovery. submitted to Judge Peebles . (Pope, Alan)

June 3, 2016

Filing 110 ORDER denying #89 Letter Request, ; granting #99 Motion to Stay. Defendant's motion for a stay of discovery in the action, pending a decision from District Judge Mae A. D'Agostino in connection with the two dispositive motions currently before her (Dkt. No. 99), is GRANTED. All discovery in this action, with the exception of currently ongoing efforts in the Eastern District of Michigan to enforce a subpoena against a third-party, which may go forward notwithstanding this order, is hereby STAYED pending further order of the court. As a condition of this stay, defendant's counsel is instructed to ensure that all reasonable efforts are made to preserve records, including electronically stored information, that may be relevant to the claims and defenses in this action and are within the possession, custody or control of the defendant, and is hereby advised that, in the event of any showing of spoliation, the court will consider the issuance of severe sanctions. Plaintiff's motion for an order compelling discovery (Dkt. No. 89) is DENIED, without prejudice, as moot. Signed by Magistrate Judge David E. Peebles on June 3, 2016. (khr)

June 2, 2016

Filing 109 ORDER granting #88 Letter Request. Defendant's motion for a protective order (Dkt. No. 88) is GRANTED, in part, subject to the following conditions, which shall govern all communications by representatives of either party with putative class members. Whenever counsel for a party contacts an individual on the List, counsel must inform the individual that he or she is an attorney and identify the party he or she represents. Counsel must also ask if the individual is represented by an attorney in or related to this matter. If the individual is represented by an attorney in or related to this matter, does not wish to engage in discussion with counsel, or would like to first consult an attorney, all communications with the individual must cease. The parties must keep a record of all individuals on the List with whom they have communicated prior to class certification. The parties may not divulge confidential information, as defined in the court's stipulated protective order regarding confidentiality and return of documents (Dkt. No. 40), during their communications with individuals on the List. In accordance with the Rules of Professional Conduct, plaintiff may not use the List to solicit individuals to join this litigation. All communications with putative class members shall be conducted by the parties in accordance with American Bar Association Formal Opinion 07-445 (2007). Signed by Magistrate Judge David E. Peebles on June 2, 2016. (khr)

June 2, 2016

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Motion Hearing held on 6/2/2016 re #88 Letter Motion from Alan J. Pope, Esq. for FCA US LLC requesting the Court enter a protective order governing contacts with putative class members filed by FCA US LLC, #99 MOTION to Stay Discovery filed by FCA US LLC, and #89 Letter Motion filed by Robert Tomassini. After hearing oral argument from counsel, defendant's #88 motion for a protective order is GRANTED, in part, subject to the conditions outlined during this proceeding. Defendants' #99 motion for a stay of discovery in the action, pending a decision from Judge Mae A. D'Agostino in connection with the two dispositive motions currently before her is GRANTED. All discovery in this action, with the exception of currently ongoing efforts in the Eastern District of Michigan to enforce a subpoena against a third-party, which may go forward notwithstanding this order, is hereby stayed pending further order of the court. As a condition of the stay defendants' counsel is instructed to ensure that all reasonable and adequate efforts are made to preserve records, including electronically stored information, that may be relevant to the claims and defenses in this action and are within the possession, custody or control of the defendant, and is hereby advised that in the event of any showing of spoliation the court will consider the issuance of severe sanctions. Plaintiff's #89 motion to compel is DENIED without prejudice at this time. An order memorializing this bench ecision will be issued shortly. APP: Elmer Keach, III, Esq., Jason Rathod, Esq., Nicholas Migliaccio, Esq., Alan Pope, Esq., Stephen D'Aunoy, Esq., and Jay Brody, Esq.. (Court Reporter Diane Martens). (sal )

June 2, 2016

Filing 108 NOTICE of Appearance by Jay I. Brody on behalf of All Plaintiffs (Attachments: #1 Affidavit of Service)(Brody, Jay)

May 26, 2016

Filing 107 RESPONSE in Opposition re #99 MOTION to Stay Discovery With Certificate of Service filed by Robert Tomassini. (Keach, Elmer)

May 25, 2016

TEXT NOTICE of Hearing on Motion #99 to Stay Discovery : Per the Text Order issued by Magistrate Judge Peebles on 5/16/2016 (Dkt. No. 94 ), Plaintiff's Response to Defendant's Motion to Stay Discovery is due by 5/26/2016. The Motion Hearing remains set for 6/2/2016 at 10:00 AM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL BE HEARD AND APPEARANCES ARE REQUIRED. (sal)

May 24, 2016

Filing 106 REPLY to Response to Motion re #88 Letter Motion from Alan J. Pope, Esq. for FCA US LLC requesting the Court enter a protective order governing contacts with putative class members submitted to Judge David E. Peebles Request for consideration as letter reply filed by FCA US LLC. (Pope, Alan)

May 24, 2016

Filing 105 ***SEALED DOCUMENT. Exhibit D and E in Support of Defendant's #97 Response in Opposition to Plaintiff's #89 Letter Motion to Compel Discovery are filed under seal (Attachments: #1 Exhibit E) (khr) Modified on 5/25/2016 (sal ).

May 23, 2016

Filing 104 Cover Letter from Alan Pope regarding sealed exhibits. (khr)

May 20, 2016

Filing 103 TEXT ORDER granting in part #96 Letter Motion from Elmer Keach for Robert Tomassini requesting Extension of Motions Return dates and Deadlines: It is hereby ORDERED that Plaintiff's Request for a 29 day adjournment of the Return date and response/reply deadlines re #84 Motion for Summary Judgment and #85 Motions to Exclude is GRANTED. The Return dates re #84 Motion for Summary Judgment and #85 Motion to Exclude are reset for July 5, 2016 (ON SUBMIT) before Judge D'Agostino; Response papers are due 6/17/16; Reply papers due 6/24/16. No personal appearances are necessary. The Motions will be decided on the submission of the papers only. Signed by U.S. District Judge Mae A. D'Agostino on 5/20/16. (ban)

May 20, 2016

Filing 102 RESPONSE to Motion re #96 Letter Motion from Elmer Keach for Robert Tomassini requesting Extension of Time to Respond to Motions for Summary Judgment and to Exclude Class Members, and for Adjournment of Return Date submitted to Judge Mae A. D'Agostino filed by FCA US LLC. (Attachments: #1 Exhibit(s) A)(Pope, Alan)

May 20, 2016

Reset Deadlines as to #85 MOTION to Dismiss MOTION to exclude from the putative class owners of vehicles on which no tire valve stems has corroded , #84 MOTION for Summary Judgment . The Return dates are reset for July 5, 2016 (ON SUBMIT) before Judge D'Agostino; Response papers are due 6/17/16; Reply papers due 6/24/16. No personal appearances are necessary. The Motions will be decided on the submission of the papers only. (ban, )

May 19, 2016

Filing 101 RESPONSE In Opposition to Defendant's #88 Letter Motion for a Protective Order Regarding Class Counsel's Contact with Putative Class Members filed by Robert Tomassini. (Attachments: #1 Exhibit(s) A -- Proposed Order)(Keach, Elmer) Modified on 5/25/2016 to indicate this is a response instead of a ltr. brf. (sal ).

May 19, 2016

Filing 100 TEXT ORDER granting #98 Letter Request. Defendants have permission to file Exhibits D and E under seal to its response to Plaintiff's Letter Motion (Dkt. No. 97). Authorized by Magistrate Judge David E. Peebles on 5/19/16. (cam, )

May 19, 2016

Filing 99 MOTION to Stay Discovery Motion Hearing set for 6/2/2016 10:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 5/16/2016 filed by FCA US LLC. (Attachments: #1 Memorandum of Law Memorandum of Law in Support of Motion to Stay Discovery, #2 Exhibit(s) Exhibit A to Memorandum of Law) Motions referred to David E. Peebles. (Pope, Alan)

May 19, 2016

Filing 98 Letter Motion from Alan J. Pope for FCA US LLC requesting to file under seal Exhibits D and E to its response to Plaintiff's Letter Motion dated May 6, 2016 submitted to Judge Peebles . (Pope, Alan)

May 19, 2016

Filing 97 RESPONSE in Opposition to Plaintiff's #89 Letter Motion to Compel Discovery filed by FCA US LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Pope, Alan) Modified on 5/25/2016 to link to proper motion (sal).

May 17, 2016

Filing 96 Letter Motion from Elmer Keach for Robert Tomassini requesting Extension of Time to Respond to Motions for Summary Judgment and to Exclude Class Members, and for Adjournment of Return Date submitted to Judge Mae A. D'Agostino . (Keach, Elmer)

May 17, 2016

Filing 95 ***SEALED DOCUMENT: Exhibits A, B, C, F, and G in support of plaintiff's #89 letter motion to compel production of discovery are filed under seal. (sal) (Additional attachment(s) added on 5/17/2016: #1 Exhibit B, #2 Exhibit C, #3 Exhibit F, #4 Exhibit G) (sal, ).

May 16, 2016

Filing 94 TEXT ORDER denying #93 letter request for a telephone conference, however, granting permission for defendant to file a motion to stay discovery on or before 5/19/2016. Plaintiff's response to this motion is due to be filed on or before 5/26/2016. All motions will be heard in person and together on 6/2/2016 at 10:00 AM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. Authorized by Magistrate Judge David E. Peebles on 5/16/16. (sal )

May 13, 2016

Filing 93 Letter Motion from Alan J. Pope for FCA US LLC requesting a conference with the Court to discuss entry of an order staying discovery in this case pending the outcome of two currently pending motions. submitted to Judge Peebles . (Pope, Alan)

May 12, 2016

TEXT NOTICE of Hearing on Plaintiff's #89 Letter Motion to Compel Discovery: Defendant's Response to this Motion is due to be filed on or before 5/19/2016. A Motion Hearing is set for 6/2/2016 at 10:00 AM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL BE HEARD AND APPEARANCES ARE REQUIRED. (sal)

May 9, 2016

Filing 92 TRANSCRIPT of Proceedings: Telephone Conference held on March 30, 2016 before Judge David E. Peebles, Court Reporter: Diane S. Martens, Telephone number: 315-234-8545. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/31/2016. Redacted Transcript Deadline set for 6/9/2016. Release of Transcript Restriction set for 8/8/2016. Notice of Intent to Redact due by 5/16/2016 (dm2, )

May 9, 2016

Filing 91 TEXT ORDER granting #90 Letter Request. Authorized by Magistrate Judge David E. Peebles on 5/9/16. (cam, )

May 6, 2016

Filing 90 Letter Motion from Elmer Keach for Robert Tomassini requesting Leave of Court to File Exhibits Under Seal Pursuant to Protective Order submitted to Judge David E. Peebles . (Keach, Elmer)

May 6, 2016

Filing 89 Letter Motion to Compel Production of Discovery by Robert Tomassini. (Attachments: #1 Exhibit(s) D -- Plaintiff's Initial Discovery Demands, #2 Exhibit(s) E -- FCA Discovery Responses)(Keach, Elmer) Modified on 5/12/2016 to change from a ltr. brf. to a ltr. mot. (sal ).

May 6, 2016

Filing 88 Letter Motion from Alan J. Pope, Esq. for FCA US LLC requesting the Court enter a protective order governing contacts with putative class members submitted to Judge David E. Peebles . (Pope, Alan)

May 6, 2016

TEXT NOTICE of Hearing on #88 Letter Motion from Alan J. Pope, Esq. for FCA US LLC requesting the Court enter a protective order governing contacts with putative class members : Plaintiff's Response to Motion is due by 5/19/2016, and is limited to ten pages. A Motion Hearing is set for 6/2/2016 10:00 AM in Syracuse, 10th floor, before Magistrate Judge David E. Peebles. ORAL ARGUMENT WILL BE HEARD AND APPEARANCES ARE REQUIRED. (sal,)

May 4, 2016

Filing 87 NOTICE of Change of Address by Gary E. Mason Effective Date 5/2/16 Old Address: 1625 Massachusetts Ave. NW 605 Washington DC 20036 New Address: 5101 Wisconsin Avenue NW Ste 305 Washington DC 20016 (Mason, Gary)

April 27, 2016

Filing 86 TEXT ORDER : As discussed during the telephone conference conducted on 4/26/2016, plaintiffs' request to extend the deadline to submit rebuttal expert reports by Dr. Lynch and Mr. Sullivan to May 23, 2016 is GRANTED. The class certification deadline and class certification motion filing deadline are stayed until further order of the court. Authorized by Magistrate Judge David E. Peebles on 4/27/16. (sal) Modified typo on 4/27/2016 (sal).

April 27, 2016

Filing 85 MOTION to Dismiss ( Reply to Response to Motion due by 5/27/2016.), MOTION to exclude from the putative class owners of vehicles on which no tire valve stems has corroded Motion Hearing set for 6/7/2016 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 5/23/2016 filed by FCA US LLC. (Attachments: #1 Memorandum of Law, #2 Affidavit) Motions referred to David E. Peebles. (Pope, Alan)

April 26, 2016

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 4/26/2016. The parties discuss status of their disagreement with respect to the protective order, plaintiffs' concerns regarding adequate discovery production by defendants, and plaintiffs' request for an adjournment from the scheduling order. The following briefing schedule for motions is set as follows: (1) with respect to the protective order, defendant's letter brief is due Friday, May 6, 2016, and is limited to ten pages; plaintiffs' response is due Thursday, May 19, 2016, and is limited to ten pages; and (2) with respect to the motion to compel, plaintiffs' motion is due by Friday, May 6, 2016, and defendants' response is due by Thursday, May 19, 2016. The court will hear oral argument in connection with those motions on June 2, 2016 at 10:00 AM, in person in Syracuse, New York. In addition, Judge Peebles grants plaintiffs' request to extend the deadline to submit rebuttal expert reports by Dr. Lynch and Mr. Sullivan to May 23, 2016. Judge Peebles stays the class certification deadline and class certification motion filing deadline. APP: Elmer R. Keach, III, Esq., Jason S. Rathod, Esq., Gary Mason, Esq., Jennifer Goldstein, Esq., Daniel C. Calvert, Esq., Nicholas A. Migliaccio, Esq., Gary S. Graifman, Esq., and Jay Brody, Esq., for plaintiffs, and Alan Pope, Esq., and Stephen A. D'Aunoy, Esq., for defendants. (sal) Modified typo on 4/27/2016 (sal ). Modified on 4/29/2016 (cam, ). Modified on 4/29/2016 (cam, ).

April 25, 2016

CLERK'S CORRECTION OF DOCKET ENTRY - Clerk replaced main document, Notice of Motion, with corrected version re #84 Motion for Summary Judgment. (sfp, )

April 22, 2016

Filing 84 MOTION for Summary Judgment Motion Hearing set for 6/7/2016 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 5/23/2016 Reply to Response to Motion due by 5/27/2016. filed by FCA US LLC. (Attachments: #1 Declaration, #2 Transcript, #3 Statement of Material Facts, #4 Memorandum of Law, #5 Affidavit) (Pope, Alan) (Main Document 84 replaced on 4/25/2016) (sfp, ).

April 22, 2016

Filing 83 TEXT ORDER granting #82 Motion to Withdraw as Attorney for Defendant by John W. Rogers. Attorney John W. Rogers terminated as counsel. Authorized by Magistrate Judge David E. Peebles on 4/22/16. (sal )

April 21, 2016

Filing 82 MOTION to Withdraw as Attorney for John W. Rogers filed by FCA US LLC. Motions referred to David E. Peebles. (Pope, Alan)

April 20, 2016

Filing 81 RESPONSE to Motion re #79 Letter Motion from Gary S. Graifaman for Robert Tomassini requesting Discovery and Status Conference and Extension of the Expert Rebuttal Report and Class Certification Discovery Deadlines submitted to Judge David E. Peebles filed by FCA US LLC. (Pope, Alan)

April 20, 2016

Filing 80 TEXT ORDER granting #78 and #79 letters requesting a conference with the court. This issues raised in these letters will be discussed during a telephone conference, which is scheduled for 4/26/2016 at 2:30 PM before Magistrate Judge David E. Peebles. Defendant's counsel is directed to initiate the call to Chambers at (315) 234-8620 or provide the court and all counsel with a call-in number and passcode. Authorized by Magistrate Judge David E. Peebles on 4/20/16. (sal )

April 19, 2016

Filing 79 Letter Motion from Gary S. Graifaman for Robert Tomassini requesting Discovery and Status Conference and Extension of the Expert Rebuttal Report and Class Certification Discovery Deadlines submitted to Judge David E. Peebles . (Graifman, Gary)

April 19, 2016

Filing 78 Letter Motion from Alan J. Pope for FCA US LLC requesting a conference to discuss the proposed protective order with the Court submitted to Judge Peebles . (Attachments: #1 Exhibit(s) A)(Pope, Alan)

April 13, 2016

Filing 77 TRANSCRIPT REQUEST by FCA US LLC for proceedings held on 3/30/2016 before Judge Peebles.. (Pope, Alan)

April 11, 2016

Filing 76 TEXT ORDER granting #75 Motion to Withdraw as Attorney for Plaintiff by Peter J. Cambs, Sr., Esq.. Authorized by Magistrate Judge David E. Peebles on 4/11/16. (sal)

April 8, 2016

Filing 75 MOTION to Withdraw as Attorney filed by Robert Tomassini. Motions referred to David E. Peebles. (Cambs, Peter)

April 7, 2016

Filing 74 TEXT ORDER granting #73 Motion for Limited Admission Pro Hac Vice of Daniel Calvert, Esq. for Robert Tomassini. Authorized by Magistrate Judge David E. Peebles on 4/7/16. (sal)

April 5, 2016

Filing 73 MOTION for Limited Admission Pro Hac Vice of Daniel Calvert Filing fee $100, receipt number 0206-3631350. filed by Robert Tomassini. Motions referred to David E. Peebles. (Mason, Gary)

April 4, 2016

Set Hearings: A Telephone Conference is set for 9/22/2016 at 3:00 PM before Magistrate Judge David E. Peebles. Defendant's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620, or provide the court and all counsel with a call-in number and passcode. (sal)

March 31, 2016

Filing 72 ORDER granting in part and denying in part #51 defendant's letter motion to compel discovery; and granting in part and denying in part #56 plaintiff's motion to compel discovery and to file class certification motion on public docket. Addressing the issue raised in the letter from defendant's counsel dated 3/31/2015 (Dkt. No. #71 ), the court hereby clarifies that nothing in this order or otherwise restricts defendant's right to contact members of the putative class, prior to class certification, provided that those communications are litigation neutral and do not alter the legal relationship between the defendant and the members of the putative class. No costs or attorney's fees are awarded to either party in connection with the pending motions. Signed by Magistrate Judge David E. Peebles on 3/31/16. (sal )

March 31, 2016

Filing 71 Letter Motion from Alan J. Pope for FCA US LLC requesting Disclosure of customer names submitted to Judge Peebles . (Pope, Alan)

March 30, 2016

TEXT Minute Entry for proceedings held on the record by telephone before Magistrate Judge David E. Peebles: Motion Hearing held on 3/30/2016 re #51 Letter Motion to Compel Discovery filed by FCA US LLC, and #56 Motion to Compel and For Leave to File Documents in Support of Motion for Class Certification on the Court's Public Docket filed by Robert Tomassini. After hearing oral argument from counsel, Judge GRANTS in part and DENIES in part defendant's #51 letter motion to compel discovery. With respect to plaintiff's #56 motion to compel and for leave to file documents in support of motion for class certification on the court's public docket. An order memorializing this bench ruling will be issued shortly. APP: Elmer Keach, III, Esq., Jason Rathod, Esq., Jay Brody, Esq., Nicholas Migliaccio, Esq., Alan Pope, Esq., and Stephen D'Aunoy, Esq.. (Court Reporter Diane Martens). (sal )

March 30, 2016

Reset Hearings: Due to a conflict with Magistrate Judge Peebles' schedule, the on the record Telephone Conference set for 3/30/2016 at 11:00 AM is rescheduled for 4:15 PM today before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )

March 28, 2016

Filing 70 ***SEALED DOCUMENT: Defendant's unredacted response in opposition to plaintiff's #56 motion to compel defendant to provide further responses to plaintiff's discovery demands and alternative motion for cost-shifting, together with Exhibit A - Declaration of Stephen A. D'Aunoy (redacted version at Dkt. No. #65 ), and defendant's unredacted response in opposition to plaintiff's #56 motion to file his class certification motion and related exhibits on the public docket, together with Exhibit A - Declaration of Earl J. Bibb (redacted version at Dkt. No. #66 ) are filed under seal. (sal) (Additional attachment(s) added on 3/28/2016: #1 Exhibit A to Deft's. Response in Opposition to Pltf's. Motion to Compel, #2 Unredacted Response in Opposition to Mot. to file Class Certification Motion, #3 Exhibit A to Deft's. Response in Opposition to Pltf's. Mot. to File Class Certification Motion) (sal, ).

March 28, 2016

Filing 69 TEXT ORDER granting #67 Letter Request to file under seal defendant's unredacted response in opposition to plaintiff's #56 motion to compel defendant to provide further responses to plaintiff's discovery demands and alternative motion for cost-shifting, together with Exhibit A - Declaration of Stephen A. D'Aunoy (redacted version at Dkt. No. #65 ), and defendant's unredacted response in opposition to plaintiff's #56 motion to file his class certification motion and related exhibits on the public docket, together with Exhibit A - Declaration of Earl J. Bibb (redacted version at Dkt. No. #66 ). Authorized by Magistrate Judge David E. Peebles on 3/29/16. (sal)

March 25, 2016

Filing 68 RESPONSE in Opposition to Defendant's #51 Motion to Compel filed by Robert Tomassini. (Keach, Elmer) Modified on 3/28/2016 to indicate this is a response and not a ltr. brf. (sal ).

March 25, 2016

Filing 67 Letter Motion from Alan Pope for FCA US LLC requesting Documents file under seal submitted to Judge Peebles . (Pope, Alan)

March 25, 2016

Filing 66 RESPONSE in Opposition re #56 MOTION to Compel and For Leave to File Documents in Support of Motion for Class Certification on the Court's Public Docket filed by FCA US LLC. (Attachments: #1 Exhibit(s) A)(Pope, Alan)

March 25, 2016

Filing 65 RESPONSE in Opposition re #56 MOTION to Compel and For Leave to File Documents in Support of Motion for Class Certification on the Court's Public Docket filed by FCA US LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Pope, Alan)

March 23, 2016

Filing 64 ***SEALED DOCUMENT: Plaintiff's Exhibits 13 and 14 in support of plaintiff's #56 Motion to Compel for relief from the Court's Protective Order, as it relates to the plaintiff's prospective Motion for Class Certification, are filed under seal. (sal ) (Additional attachment(s) added on 3/23/2016: #1 Exhibit 14) (sal, ).

March 23, 2016

Filing 63 TEXT ORDER granting plaintiff's #62 letter request to file under seal Exhibits 13 and 14 that are in support of plaintiff's #56 Motion to Compel for relief from the Court's Protective Order, as it relates to the plaintiff's prospective Motion for Class Certification. Authorized by Magistrate Judge David E. Peebles on 3/23/16. (sal )

March 22, 2016

Filing 62 Letter Motion from Elmer Keach for Robert Tomassini requesting Submitting Additional Exhibits to the Court Relative to Pending Motion for Relief from Protective Order, and Requesting That These Documents be Filed Under Seal submitted to Judge David E. Peebles . (Keach, Elmer)

March 15, 2016

Filing 61 ***SEALED DOCUMENT : Plaintiff's unredacted Memorandum of Law and Exhibits 4, 5, 6, 11, and 12 in support of plaintiff's #56 Motion to Compel and For Leave to File Documents in Support of Motion for Class Certification on the Court's Public Docket are filed under seal. (sal, ) (Additional attachment(s) added on 3/15/2016: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6, #4 Exhibit 11, #5 Exhibit 12) (sal, ).

March 15, 2016

Filing 60 TEXT ORDER granting plaintiff's #55 letter request to seal the unredacted Memorandum of Law and Exhibits 4, 5, 6, 11, and 12 in support of plaintiff's #56 Motion to Compel and For Leave to File Documents in Support of Motion for Class Certification on the Court's Public Docket. Authorized by Magistrate Judge David E. Peebles on 3/15/16. (sal )

March 14, 2016

TEXT NOTICE of Hearing on Motion #56 to Compel and For Leave to File Documents in Support of Motion for Class Certification on the Court's Public Docket : Defendant's Response to Motion is due by 3/25/2016. An on the record telephone conference is set for 3/30/2016 at 11:00 AM. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )

March 11, 2016

Filing 59 CERTIFICATE OF SERVICE by Robert Tomassini re #56 MOTION to Compel and For Leave to File Documents in Support of Motion for Class Certification on the Court's Public Docket, #57 Affidavit in Support of Motion,,, #58 Memorandum of Law (Keach, Elmer)

March 11, 2016

Filing 58 MEMORANDUM OF LAW re #56 Motion to Compel, filed by Robert Tomassini. (Keach, Elmer)

March 11, 2016

Filing 57 AFFIDAVIT in Support re #56 MOTION to Compel and For Leave to File Documents in Support of Motion for Class Certification on the Court's Public Docket filed by Robert Tomassini. (Attachments: #1 Exhibit(s) 1 -- Plaintiff's Discovery Demands, #2 Exhibit(s) 2 -- Defendant's Document Response, #3 Exhibit(s) 3 -- Defendant's Response to Interrogatories, #4 Exhibit(s) 4 -- Filed Under Seal, #5 Exhibit(s) 5 -- Filed Under Seal, #6 Exhibit(s) 6 -- Filed Under Seal, #7 Exhibit(s) 7 -- Text Order, Hill v. County of Montgomery, #8 Exhibit(s) 8 - Order, Bruce v. County of Rensselaer, #9 Exhibit(s) 9 -- Bench Decision, Marriott v. County of Montgomery, #10 Exhibit(s) 10 -- Bench Decision, McDaniel v. County of Schenectady, #11 Exhibit(s) 11 -- Filed Under Seal, #12 Exhibit(s) 12 - Filed Under Seal)(Keach, Elmer)

March 11, 2016

Filing 56 MOTION to Compel and For Leave to File Documents in Support of Motion for Class Certification on the Court's Public Docket Motion Hearing set for 3/30/2016 11:00 AM in Syracuse before Magistrate Judge David E. Peebles Response to Motion due by 3/14/2016 filed by Robert Tomassini. Motions referred to David E. Peebles. (Keach, Elmer)

March 11, 2016

Filing 55 Letter Motion from Elmer Keach for Robert Tomassini requesting Leave of Court to File Documents Under Seal submitted to Judge David E. Peebles . (Keach, Elmer)

March 7, 2016

Filing 54 TEXT ORDER granting #53 Motion for Limited Admission Pro Hac Vice of Sharon Beth Rosenberg, Esq. for defendant FCA US LLC, formerly known as Chrysler Group LLC. Authorized by Magistrate Judge David E. Peebles on 3/7/16. (sal )

March 3, 2016

Filing 53 MOTION for Limited Admission Pro Hac Vice of Sharon Beth Rosenberg, Esq. Filing fee $100, receipt number 0206-3593727. filed by FCA US LLC. Motions referred to David E. Peebles. (Pope, Alan)

March 3, 2016

Filing 52 TEXT ORDER : Defendant's #51 request for a telephone conference with the court is DENIED and counsel is reminded that, before filing a lengthy letter brief concerning outstanding discovery issues with the court, a party must first request a conference by filing a short letter simply indicating what the dispute is in a paragraph or less. A briefing schedule concerning defendant's #51 letter motion regarding outstanding discovery is set as follows: Plaintiff's Response to Defendant's Letter Motion is due to be filed on or before 3/25/2016. Oral argument is set by telephone for 3/30/2016 at 11:00 AM. Plaintiff's counsel is directed to initiate the call to Chambers. Authorized by Magistrate Judge David E. Peebles on 3/3/16. (sal)

March 2, 2016

Filing 51 Letter Motion from Alan Pope for FCA US LLC requesting Conference submitted to Judge Peebles . (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Pope, Alan)

February 29, 2016

Filing 50 TEXT ORDER : Plaintiff is granted an extension of time to serve its expert report nunc pro tunc until 2/25/2016. Defendant's expert report must be disclosed on or before 4/8/2016. Rebuttal expert reports are due to be disclosed on or before 4/22/2016. All other deadlines remain the same. Authorized by Magistrate Judge David E. Peebles on 2/29/16. (sal)

February 25, 2016

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 2/25/2016. Judge notes that the parties are not communicating well regarding discovery in this action. Plaintiff's counsel indicates that preliminary expert reports have been provided to defendant's counsel, however, these may need to be supplemented. Judge grants plaintiff nunc pro tunc an extension of time to serve expert reports until today, 2/25/2016. Defendant is granted a ten day extension of its responsive expert report deadline and the rebuttal expert report deadline is also extended ten days. All other deadlines remain the same. If there is a need to supplement the expert report, then Judge Peebles will discuss this with the parties at that time. A briefing schedule is set regarding the remaining discovery issues as follows: plaintiff's brief is due by 3/11/2016, defendant's responsive letter brief is due by 3/25/2016, and an on the record telephone conference is set for 3/30/2016 at 11:00 AM. Plaintiff's counsel is directed to initiate the call to Chambers. The telephone conference set for 3/29/16 at 3:30 PM is cancelled. APP: Elmer Keach, III, Esq., Jason Rathod, Esq., Nicholas Migliaccio, Esq., Alan Pope, Esq., and Stephen D'Aunoy, Esq.. (sal)

February 19, 2016

Reset Hearings: Due to a conflict w/ Attorney Keach's schedule, the Telephone Conference set for 2/18/2016 is rescheduled for 2/25/2016 at 3:30 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )

February 18, 2016

Filing 49 NOTICE of Appearance by Gary E. Mason on behalf of Robert Tomassini (Mason, Gary)

February 16, 2016

Filing 48 RESPONSE to Motion re #46 Letter Motion from Elmer Keach for Robert Tomassini requesting Discovery and Status Conference with the Court, and Seeking Extension of Time to Provide Certain Expert Disclosures submitted to Judge David E. Peebles response to motion filed by FCA US LLC. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D)(Pope, Alan)

February 16, 2016

Filing 47 TEXT ORDER granting plaintiff's #46 Letter Request for a Telephone Conference, which is set for 2/18/2016 at 3:30 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 2/16/16. (sal )

February 15, 2016

Filing 46 Letter Motion from Elmer Keach for Robert Tomassini requesting Discovery and Status Conference with the Court, and Seeking Extension of Time to Provide Certain Expert Disclosures submitted to Judge David E. Peebles . (Keach, Elmer)

February 2, 2016

Filing 45 TEXT ORDER denying plaintiff's #44 letter request for a discovery conference. Plaintiff's counsel, however, has permission to file a motion under paragraph four of the #40 protective order challenging the designation of documents as confidential. Authorized by Magistrate Judge David E. Peebles on 2/2/16. (sal)

February 1, 2016

Filing 44 Letter Motion from Elmer Keach for Robert Tomassini requesting Discovery Conference with the Court submitted to Judge David E. Peebles . (Keach, Elmer)

January 13, 2016

Filing 43 TEXT ORDER: The court has reviewed plaintiffs' request for an extension of the current deadlines governing the case #41 , as well as defendant's opposition to the request #42 . Based on the finding of good cause, the deadlines are hereby extended as follows: (1) plaintiffs' expert report due 2/15/16, (2) defendant's expert report due 3/28/16, (3) rebuttal expert report due 4/11/16, (4) class certification and discovery deadline due 5/11/16, (5) plaintiffs' class certification motion due 6/10/16, (6) defendant's opposition due 7/22/16, and (7) plaintiffs' reply 8/19/16. These extensions will not affect the current deadlines for the completion of discovery related to the merits and the filing of dispositive motions. Authorized by Magistrate Judge David E. Peebles on January 13, 2016. (all)

January 12, 2016

Filing 42 RESPONSE in Opposition re #41 Contested Letter Motion from Elmer Keach for Robert Tomassini requesting Extension of Expert Disclosure Deadline submitted to Judge David E. Peebles Defendant Letter of Opposition filed by FCA US LLC. (Pope, Alan)

January 11, 2016

Filing 41 Contested Letter Motion from Elmer Keach for Robert Tomassini requesting Extension of Expert Disclosure Deadline submitted to Judge David E. Peebles . (Keach, Elmer)

December 15, 2015

TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 12/15/15. Parties discussed the status of discovery. Counsel discussed a possible discrepancy in the Uniform Pretrial Scheduling Order. After further review, MJ Peebles clarifies the motion filing deadline is 7/1/17 and any motion by plaintiff for class certification must be filed by 5/6/16. The next telephone conference is scheduled for 3/29/16 at 3:30 p.m. with defendants counsel to initiate the call. APP. Elmer Keach, Esq., Jason S. Rathod, Esq. Nicholas A. Migliaccio, Esq., Alan Pope, Esq. and Stephen A. D'Aunoy, Esq. (cam, )

December 15, 2015

Set/Reset Hearings: Telephone Conference set for 3/29/16 at 3:30 PM before Magistrate Judge David E. Peebles. Defendants' counsel is asked to initiate the call by dialing chambers at (315) 234-8620. (cam, )

December 11, 2015

Filing 40 ORDER Approving #39 Stipulated Protective Order Regarding Confidentiality and Return of Documents. Signed by Magistrate Judge David E. Peebles on 12/11/15. (sal )

December 11, 2015

Filing 39 Letter Motion for FCA US LLC requesting proposed revised Protective Order submitted to Judge David E. Peebles . (Pope, Alan)

December 11, 2015

CLERK'S CORRECTION OF DOCKET ENTRY: Document #35 Did not have at the top for the "Northern District of New York". (khr)

December 9, 2015

Filing 38 TEXT ORDER granting #37 Letter Request. The Telephone Conference set for 12/8/2015 at 4:00 PM is rescheduled for 12/15/2015 at 3:30 PM before Magistrate Judge David E. Peebles. Attorney Migliaccio is directed to initiate the conference call to Chambers, which can be reached at (315) 234-8620. Authorized by Magistrate Judge David E. Peebles on 12/9/15. (sal)

December 9, 2015

Filing 37 Letter Motion from Elmer Robert Keach, III for Robert Tomassini requesting that Status Conference be Rescheduled submitted to Judge David E. Peebles . (Keach, Elmer)

December 9, 2015

Filing 36 Letter Motion for FCA US LLC requesting Proposed Protective Order submitted to Judge David E. Peebles . (Attachments: #1 Exhibit(s))(Pope, Alan)

December 9, 2015

Filing 35 NOTICE of Appearance by Gary S. Graifman on behalf of Robert Tomassini (Attachments: #1 Exhibit(s) Certificate of Service)(Graifman, Gary) (Main Document 35 replaced on 12/11/2015) (khr, ).

September 11, 2015

Filing 34 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Honorable David R. Homer has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Elmer Robert Keach, III and Stephen D'Aunoy. Dated: September 11, 2015(Keach, Elmer)

September 8, 2015

Filing 33 TEXT ORDER granting #32 letter request for an extension of time to select a mediator on or before 9/11/2015. Authorized by Magistrate Judge David E. Peebles on 9/8/15. (sal)

September 4, 2015

Filing 32 Letter Motion from Elmer Keach for Robert Tomassini requesting Extension of Time to File Designation Naming Mediator submitted to Judge David E. Peebles . (Keach, Elmer)

August 11, 2015

Set Hearings: A Telephone Conference is set for 12/8/2015 at 4:00 PM before Magistrate Judge David E. Peebles. Please note that the text minute entry incorrectly stated the conference was set for 12/8/2016, which is incorrect. Attorney Migliaccio is directed to initiate the conference call to Chambers, which can be reached at (315) 234-8620. (sal)

August 7, 2015

Filing 31 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 9/4/2015. Deadline for completion of Mandatory Mediation is 12/31/2016. Signed by Magistrate Judge David E. Peebles on 8/7/2015. (amt)

August 7, 2015

Filing 30 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 10 days. Preferred Trial Location: Binghamton. Joinder of Parties / Amended Pleadings due by 9/21/2015. Class Certification Discovery due by 4/8/2016. Merit Discovery due by 5/1/2017. Motions to be filed by 7/1/2017. Mandatory Mediation to be completed by 12/31/2016. Signed by Magistrate Judge David E. Peebles on 8/7/2015. (amt)

August 7, 2015

Filing 29 TEXT ORDER approving the parties' class certification motion briefing schedule. As discussed during the 8/7/2015 Rule 16 conference, Plaintiff's Motion/Opening Brief and Evidence to be filed by 5/6/2016. Defendant's Opposition Brief and Evidence to be filed by 6/20/2016. Plaintiff's Reply Brief to be filed by 7/20/2016. Authorized by Magistrate Judge David E. Peebles on 8/7/2015. (amt)

August 7, 2015

Minute Entry for proceedings held before Magistrate Judge David E. Peebles; Initial Rule 16 Conference held on 8/7/2015; App: E. Keach and N. Migliaccio, Esqs., for Pltfs; A. Pope and S. D'Aunoy, Esqs., for Defts; Deft to prepare protective if necessary; Pretrial deadlines are discussed and set; Separate Discovery schedules put in place for class certification issues and for merit discovery; Pretrial order to be issued; Court to issue text order approving the class certification motion briefing schedule; Telephone Conference set for 12/8/2015 at 04:00 PM before Magistrate Judge David E. Peebles. Attorney Migliaccio is directed to place the conference call. (amt) Modified date of conference from 12/8/2016 to 12/8/2015 on 8/11/2015 (sal, ).

July 30, 2015

Filing 28 CIVIL CASE MANAGEMENT PLAN by Robert Tomassini. (Keach, Elmer)

July 13, 2015

Filing 27 STIPULATION re #1 Notice of Removal, Plaintiff's Class Action Complaint by FCA US LLC submitted to Judge Mae A. D'Agostino. (Pope, Alan)

July 7, 2015

Filing 26 ANSWER to Complaint with Jury Demand by FCA US LLC.(Pope, Alan)

July 2, 2015

Filing 25 TEXT ORDER granting #24 Motion for Limited Admission Pro Hac Vice of Jason S. Rathod, Esq. for plaintiff Robert Tomassini. Authorized by Magistrate Judge David E. Peebles on 7/2/15. (sal, )

July 1, 2015

Filing 24 MOTION for Limited Admission Pro Hac Vice of Jason S. Rathod Filing fee $100, receipt number 0206-3337741. filed by Robert Tomassini. (Attachments: #1 Petition for Admission, #2 Affidavit of Sponsor, #3 E-Filing Registration Form, #4 Oath on Admission, #5 Certificate of Good Standing, #6 Proposed Order/Judgment) Motions referred to David E. Peebles. (Migliaccio, Nicholas)

June 24, 2015

***Answer due date updated for 7/7/2015 as to defendant FCA US LLC. (sal, )

June 24, 2015

Reset Deadlines/Hearings: An IN-PERSON Initial Conference is set for 8/7/2015 at 10:30 AM in Binghamton before Magistrate Judge David E. Peebles. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/30/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sal, )

June 23, 2015

Filing 23 MEMORANDUM-DECISION AND ORDER granting in part and denying in part #7 Motion to Dismiss for Failure to State a Claim: The Court hereby ORDERS that Defendant's motion to dismiss is GRANTED in part and DENIED in part; and the Court further ORDERS that Plaintiff's affirmative misrepresentation claim pursuant to N.Y.G.B.L. 349 and breach of express warranty claim are DISMISSED with prejudice; and the Court further ORDERS that Defendant's motion to strike the class allegations is DENIED; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decisionand Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 6/23/15. (ban)

January 22, 2015

Filing 22 AMENDED FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by FCA US LLC identifying Corporate Parent FCA North America Holdings LLC (f/k/a Fiat North America LLC) for FCA US LLC. (ban)

January 22, 2015

Filing 21 TEXT ORDER granting #20 Letter Request/Notice of Name Change: It is hereby ORDERED that defendant's request for a name change is granted. ORDERED that the new caption of case 3:14-cv-1226 MAD/DEP will be Robert Tomassini, on behalf of himself and others similarly situated vs. FCA US LLC, f/k/a Chrysler Group LLC. The Clerk is directed to make the change to the docket. Signed by U.S. District Judge Mae A. D'Agostino on 1/22/15. (ban)

January 20, 2015

Filing 20 Letter Motion from Alan J. Pope for Chrysler Group, LLC requesting Name Change of Defendant submitted to Judge Mae A. D'Agostino . (Attachments: #1 Exhibit(s))(Pope, Alan)

December 23, 2014

Filing 19 REPLY to Response to Motion re #7 MOTION to Dismiss for Failure to State a Claim filed by Chrysler Group, LLC. (Pope, Alan)

November 24, 2014

Filing 18 CERTIFICATE OF SERVICE by Robert Tomassini re #17 Response in Opposition to Motion (Keach, Elmer)

November 24, 2014

Filing 17 RESPONSE in Opposition re #7 MOTION to Dismiss for Failure to State a Claim filed by Robert Tomassini. (Keach, Elmer)

October 29, 2014

Filing 16 TEXT ORDER granting #15 Letter Motion from Elmer Robert Keach, III for Robert Tomassini requesting an Extension of Time to Respond to Motion to Dismiss and Entry of Briefing Schedule submitted to Judge D'Agostino filed by Robert Tomassini: Plaintiff's request for an extension of the response deadline is hereby Granted. The Motion return date is reset for January 6, 2015 (ON SUBMIT) before Judge D'Agostino; Response due 11/24/14; Reply due 12/26/14. Signed by U.S. District Judge Mae A. D'Agostino on 10/29/14. (ban)

October 29, 2014

Filing 15 Letter Motion from Elmer Robert Keach, III for Robert Tomassini requesting Extension of Time to Respond to Motion to Dismiss and Entry of Briefing Schedule submitted to Judge D'Agostino . (Keach, Elmer)

October 29, 2014

Reset Deadlines as to #7 MOTION to Dismiss for Failure to State a Claim : The Motion Hearing is reset for 1/6/2015 (ON SUBMIT) before U.S. District Judge Mae A. D'Agostino; Response to Motion due by 11/24/2014, Reply to Response to Motion due by 12/26/2014. (ban)

October 27, 2014

Filing 14 TEXT ORDER granting #10 Motion for Limited Admission Pro Hac Vice of Anthony D'Aunoy, Esq.; granting #11 Motion for Limited Admission Pro Hac Vice of John Woodson Rogers, Esq.; and granting #12 Motion for Limited Admission Pro Hac Vice of Kathy Ann Wisniewski, Esq. on behalf of Chrysler Group, LLC. Authorized by Magistrate Judge David E. Peebles on 10/27/14. (sal, )

October 27, 2014

Filing 13 TEXT ORDER granting #8 Motion for Limited Admission Pro Hac Vice of Jordan L. Chaikin, Esq. on behalf of Robert Tomassini. Authorized by Magistrate Judge David E. Peebles on 10/27/14. (sal, )

October 24, 2014

Filing 12 MOTION for Limited Admission Pro Hac Vice of Kathy Ann Wisniewski Filing fee $100, receipt number 0206-3087577. filed by Chrysler Group, LLC. (Attachments: #1 Affidavit, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s)) Motions referred to David E. Peebles. (Pope, Alan)

October 24, 2014

Filing 11 MOTION for Limited Admission Pro Hac Vice of John Woodson Rogers Filing fee $100, receipt number 0206-3087569. filed by Chrysler Group, LLC. (Attachments: #1 Affidavit, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s)) Motions referred to David E. Peebles. (Pope, Alan)

October 24, 2014

Filing 10 MOTION for Limited Admission Pro Hac Vice of Stephen Anthony D'Aunoy Filing fee $100, receipt number 0206-3087500. filed by Chrysler Group, LLC. (Attachments: #1 Affidavit, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s)) Motions referred to David E. Peebles. (Pope, Alan)

October 23, 2014

Filing 9 NOTICE of Appearance by Nicholas A. Migliaccio on behalf of Robert Tomassini (Migliaccio, Nicholas)

October 20, 2014

TEXT NOTICE TO COUNSEL: Due to the pending motion to dismiss, the in-person Rule 16 Conference set for 11/21/2014 at 10:00 AM in Binghamton before Magistrate Judge Peebles is adjourned without date. Depending on the outcome of this motion, the Rule 16 Conference will be rescheduled at a later date. (sal, )

October 17, 2014

Filing 8 MOTION for Limited Admission Pro Hac Vice of Jordan L. Chaikin Filing fee $100, receipt number 0206-3079980. filed by Robert Tomassini. Motions referred to David E. Peebles. (Cambs, Peter)

October 15, 2014

Filing 7 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 11/18/2014 10:00 AM in Albany before U.S. District Judge Mae A. D'Agostino Response to Motion due by 11/3/2014 Reply to Response to Motion due by 11/7/2014. filed by Chrysler Group, LLC. (Attachments: #1 Memorandum of Law, #2 Declaration, #3 Exhibit(s), #4 Affidavit) (Pope, Alan)

October 10, 2014

***Answer due date updated for Chrysler Group, LLC; answer due 10/15/2014. (amt)

October 9, 2014

Filing 6 NOTICE of Admission Requirement as to Party plaintiff Tomassini; Attorney Nicholas Migliaccio, Phone number is (202) 429-2290. Admissions due by 10/23/2014. (tab)

October 9, 2014

Filing 5 NOTICE of Admission Requirement as to Party plaintiff Tomassini; Attorney Jordan Chaikin, Phone number is (239) 390-1000. Admissions due by 10/23/2014. (tab)

October 9, 2014

Filing 4 NOTICE of Admission Requirement as to Party Plaintiff Tomassini; Attorney Michael Braunstein, Esq. Phone number is (845) 356-2570. Admissions due by 10/23/2014. (tab)

October 8, 2014

Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/21/2014 10:00 AM in Binghamton before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/14/2014. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (tab)

October 8, 2014

Filing 2 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Chrysler Group, LLC identifying Corporate Parent Fiat North America LLC for Chrysler Group, LLC. (tab)

October 8, 2014

Filing 1 NOTICE OF REMOVAL from the Supreme Court of New York State, County of Broome, case number CA2014002230 (Filing fee $400 receipt number 3071671) filed by Chrysler Group, LLC. (Attachments: #1 Exhibit(s) State Court Summons and Complaint, #2 Affidavit of Service of Notice of Removal, #3 Civil Cover Sheet)(tab)

Search for this case: Tomassini v. FCA US LLC
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: FCA US LLC
Represented By:	Alan J. Pope
Represented By:	Kathy A. Wisniewski
Represented By:	Sharon B. Rosenberg
Represented By:	Stephen A. D'Aunoy
Represented By:	Ethan D. Hatch
Represented By:	John W. Rogers
Represented By:	Susan L. Werstak
Represented By:	Thomas L. Azar, Jr
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Chrysler Group LLC
Represented By:	Alan J. Pope
Represented By:	Kathy A. Wisniewski
Represented By:	Sharon B. Rosenberg
Represented By:	Stephen A. D'Aunoy
Represented By:	Ethan D. Hatch
Represented By:	John W. Rogers
Represented By:	Susan L. Werstak
Represented By:	Thomas L. Azar, Jr
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Robert Tomassini
Represented By:	Daniel C. Calvert
Represented By:	Elmer R. Keach, III
Represented By:	Jason S. Rathod
Represented By:	Jordan L. Chaikin
Represented By:	Gary S. Graifman
Represented By:	Gary E. Mason
Represented By:	Jay I. Brody
Represented By:	Jennifer S. Goldstein
Represented By:	Nicholas A. Migliaccio
Represented By:	Peter J. Cambs, Sr.
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Consolidated plaintiff: Thomas Hromowyk
Represented By:	Daniel C. Calvert
Represented By:	Elmer R. Keach, III
Represented By:	Gary S. Graifman
Represented By:	Gary E. Mason
Represented By:	Jason S. Rathod
Represented By:	Jay I. Brody
Represented By:	Nicholas A. Migliaccio
Represented By:	Jennifer S. Goldstein
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Not classified by court: David R Homer
Represented By:	David R. Homer
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]