Smith v. FA CO WR Chevrolet, LLC et al
| Kayla Smith |
| FA CO WR Chevrolet, LLC doing business as Foundation Chevrolet and Medved Chevrolet and General Motors Financial Company |
| 1:2023cv03437 |
| December 27, 2023 |
| US District Court for the District of Colorado |
| S Kato Crews |
| Susan Prose |
| Other Statutory Actions |
| 49 U.S.C. § 32701 - Odometer Requirements Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 9, 2024. A more recent docket listing may be available from PACER.
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| Filing 22 Civil Case Terminated pursuant to 21 Minute Order. Text Only Entry. (jtorr, ) |
| Filing 21 MINUTE ORDER This matter is before the Court on the #20 Joint Stipulation of Dismissal With Prejudice, which is a self-effectuating stipulation of dismissal pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Plaintiff's claims were dismissed with prejudice as of the filing of the Stipulation. The Clerk of Court is directed to terminate this case accordingly. By U.S. District Judge S. Kato Crews on 2/9/2024. Text Only Entry (skcja, ) |
| Filing 20 STIPULATION of Dismissal of Case 1:23-cv-03437 by Plaintiff Kayla Smith. (Chernosky, David) |
| Filing 19 Utility Setting Deadlines: Status Report Deadline set for 03/18/2024 pursuant to 18 Order. Text Only Entry. (jtorr, ) |
Filing 18
ORDER STAYING CASE AND COMPELLING ARBITRATION: Before the Court is the parties' Joint Stipulation to Arbitrate Claims and Stay Lawsuit #16 . According to the Stipulation, the parties' are signatory to a December 2, 2020 Retail Installment Sale Contract that contains an arbitration provision providing mandatory, binding arbitration for any claim or dispute between them at either party's election. The parties agree that the arbitration provision governs the dispute embodied in the Complaint and they agree to arbitrate Plaintiff's claims pursuant to the Contract.Having considered the Stipulation and the parties' representations therein, the Court ORDERS that Plaintiff's claims against Defendants shall be compelled to arbitration under the terms of the Contract. It is FURTHER ORDERED this matter is STAYED pending the conclusion of arbitration.It is FURTHER ORDERED that every 60 days, the parties shall file a Joint Status Report to update the Court on the progress and status of the arbitration. The first Joint Status Report is due on or before March 18, 2024. Failure to comply with this Order by failing to file any Joint Status Report may result in the immediate dismissal of this action, without prejudice. The Scheduling Conference set for February 22, 2024 is VACATED. By US District Judge S. Kato Crews on 01/18/2024. Text Only Entry (Crews, S.)
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Filing 17
ORDER REFERRING CASE to Magistrate Judge Susan Prose: This case is referred to the Magistrate Judge for non-dispositive matters. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the request of the parties by motion, this Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Alternatively, the Magistrate Judge, at their discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Standing Order and Uniform Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By District Judge S. Kato Crews on 01/18/2024. Text Only Entry (Crews, S.)
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| Filing 16 STIPULATION to Arbitrate Claims and Stay Lawsuit (Joint) by Defendant General Motors Financial Company. (Attachments: #1 Proposed Order (PDF Only))(Leeth, Alan) |
| Filing 15 CHANGE IN JUDICIAL OFFICER DESIGNATION. Due to the recent appointment of Magistrate Judge S. Kato Crews as a United States District Judge, this action will now be updated to reflect his new designation as District Judge S. Kato Crews. District Judge Crews shall retain assignment to this action as presiding judge and Magistrate Judge Susan Prose is drawn as referral judge. All future pleadings should be designated as 23-cv-03437-SKC. (Text only entry) (agarc, ) |
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Filing 14
Setting Telephonic Rule 16(b) Scheduling Conference. The Telephonic Scheduling Conference is set for 2/22/2024 at 11:30 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 2/15/2024. The Magistrate Judge Consent Form is due 2/15/2024. Dial in information for the Scheduling Conference is as follows:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 1/10/2024. Text Only Entry (skclc3)
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| Filing 13 Defendant FA CO WR CHEVROLET, LLC's ANSWER to #3 Complaint and Affirmative Defenses by FA CO WR Chevrolet, LLC.(Wood, Kensye) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Foundation Auto Holdings, LLC for FA CO WR Chevrolet, LLC. (Wood, Kensye) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent General Motors Company, Corporate Parent General Motors Holdings, LLC, Corporate Parent General Motors Financial Company, Inc. for General Motors Financial Company. (Leeth, Alan) |
| Filing 10 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendant General Motors Financial Company. General Motors Financial Company answer due 1/17/2024. (Leeth, Alan) |
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Filing 9
ORDER granting #8 Defendant FA CO WR Chevrolet, LLC's Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff Kayla Smith's Complaint. The Court, having found good cause, ORDERS Defendant FA CO WR Chevrolet, LLC to file its responsive pleading on or before 1/10/2024. SO ORDERED by Magistrate Judge S. Kato Crews on 1/2/2024. Text Only Entry (skclc3)
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| Filing 8 First MOTION for Extension of Time to File Answer or Otherwise Respond re #3 Complaint by Defendant FA CO WR Chevrolet, LLC. (Wood, Kensye) |
| Filing 7 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (efoga, ) |
| Filing 6 Case assigned to Magistrate Judge S. Kato Crews. Text Only Entry (efoga, ) |
| Filing 5 AFFIDAVIT/RETURN of Service of Summons, Complaint, and Civil Case Cover Sheet upon General Motors Financial Company Inc on 11/28/2023 (efoga, ) |
| Filing 4 AFFIDAVIT/RETURN of Service of Summons, Complaint, and Civil Case Cover Sheet upon FA CO WR Chevrolet LLC on 11/27/2023 (efoga, ) |
| Filing 3 COMPLAINT against FA CO WR Chevrolet, LLC, General Motors Financial Company, filed by Kayla Smith.(efoga, ) |
| Filing 2 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (efoga, ) |
| Filing 1 NOTICE OF REMOVAL by General Motors Financial Company from Denver District Court, City and County of Denver, Colorado, Case Number 2023CV33429. (Filing fee $ 405, Receipt Number ACODC-9460490), filed by General Motors Financial Company. (Attachments: #1 Exhibit Ex A-1, Complaint, #2 Exhibit Ex A-2, Case Cover Sheet, #3 Exhibit Ex A-3, Summons to FA CO WR Chevrolet, LLC, #4 Exhibit Ex A-4, Summons to General Motors Financial Company, Inc., #5 Exhibit Ex A-5, Delay Reduction Order, #6 Exhibit Ex A-6, Pre-Trial Order, #7 Exhibit Ex A-7, Return of Service on FA CO WR Chevrolet LLC, #8 Exhibit Ex A-8, Return of Service on General Motors Financial Company, Inc., #9 Exhibit Ex A-9, Entry of Appearance of Bayas for Smith, #10 Exhibit Ex B, Foundation's Consent to Removal, #11 Civil Cover Sheet Civil Cover Sheet)(Leeth, Alan) |
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