Cotterell v. General Motors LLC et al
Plaintiff: Debbi Cotterell
Defendant: General Motors Financial Company, Inc., H & L Chevrolet, Inc., Richard Chevrolet, Inc. and General Motors LLC
Case Number: 3:2019cv00822
Filed: May 29, 2019
Court: US District Court for the District of Connecticut
Presiding Judge: Michael P Shea
Nature of Suit: Motor Vehicle Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 23, 2019 Opinion or Order Filing 30 ORDER. The #15 #17 #23 #24 motions to dismiss are DENIED as moot as they do not refer to the operative complaint. Signed by Judge Michael P. Shea on 7/23/2019. (Guevremont, Nathan)
July 19, 2019 Filing 29 AMENDED COMPLAINT against All Defendants, filed by Debbi Cotterell. (Attachments: #1 Exhibit Exhibits A - F to Amended Complaint)(Cotterell, Debbi)
July 2, 2019 Opinion or Order Filing 28 ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. SELF-REPRESENTED FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Michael P. Shea on 7/2/19.(Johnson, D.)
July 2, 2019 Filing 27 NOTICE of Appearance by Eric W. F. Niederer on behalf of H & L Chevrolet, Inc. (Niederer, Eric)
July 2, 2019 Opinion or Order Filing 26 ORDER. The Plaintiff's #7 motion to participate in electronic filing is GRANTED.The Defendants in this case have each filed a motion to dismiss the complaint. (ECF Nos. 15, 17, 20, 24.) The Defendants argue that the Court lacks subject matter jurisdiction over the Plaintiff's claims. The Plaintiff's complaint asserts that the Court has subject matter jurisdiction under 28 U.S.C. 1332. Under that statute, federal courts have jurisdiction over cases where there is complete diversity of citizenship between the parties. In other words, every plaintiff must be a citizen of a different state than every defendant. Here, the Plaintiff alleges that she is a citizen of Connecticut (Compl. 1), and she alleges that two of the Defendants are "Connecticut corporation[s] with [their] principal place of business in" Connecticut. (Compl. 5-6.) As a result, there does not appear to be complete diversity of jurisdiction between the parties. The Court notes, however, that the Plaintiff has asserted a claim under the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. (See Compl. 74-77.) Federal courts have jurisdiction over "all civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. 1331. And federal courts may exercise jurisdiction over state-law claims "that are so related to claims in the action [brought under federal law] that they form part of the same case or controversy under Article III of the United States Constitution." 28 U.S.C. 1367(a). Thus, the Plaintiff may be able to establish that the Court has jurisdiction over her FCRA claim and any state-law claims that derive from the same "nucleus of operative fact" as her FCRA claim. United Mine Workers v. Gibbs, 338 U.S. 715, 725 (1966).Within 21 days, the Plaintiff may file an amended complaint that addresses the defects identified in the Defendants' motions to dismiss in light of the foregoing discussion. The amended complaint must clearly state a basis for the Court's subject matter jurisdiction. The amended complaint must also specify which defendants are responsible for each violation that the complaint alleges. If the Plaintiff chooses not to file an amended complaint, she may instead respond to the four motions to dismiss. Signed by Judge Michael P. Shea on 7/2/2019. (Guevremont, Nathan)
June 28, 2019 Filing 25 NOTICE by General Motors LLC re #24 MOTION to Dismiss Plaintiff's Complaint to Self-Represented Litigant (Duggan, Timothy)
June 28, 2019 Filing 24 MOTION to Dismiss Plaintiff's Complaint by General Motors LLC.Responses due by 7/19/2019 (Attachments: #1 Memorandum in Support)(Duggan, Timothy)
June 28, 2019 Filing 23 MOTION to Dismiss Plaintiff's Complaint by General Motors LLC.Responses due by 7/19/2019 (Duggan, Timothy)
June 28, 2019 Filing 22 NOTICE by H & L Chevrolet, Inc. re #20 MOTION to Dismiss Defendants H&L Chevrolet Inc Motion to Dismiss, #21 Memorandum in Support of Motion, Notice to Self Represented Litigant Regarding Motion to Dismiss as Required by Local Rule 12(a) (LeVasseur, Anne)
June 28, 2019 Filing 21 Memorandum in Support re #20 MOTION to Dismiss Defendants H&L Chevrolet Inc Motion to Dismiss Defendants H&L Chevrolet Inc Memorandum of Law in Support of Motion to Dismiss Plaintiffs Complaint filed by H & L Chevrolet, Inc.. (Attachments: #1 Exhibit 1)(LeVasseur, Anne)
June 28, 2019 Filing 20 MOTION to Dismiss Defendants H&L Chevrolet Inc Motion to Dismiss by H & L Chevrolet, Inc..Responses due by 7/19/2019 (LeVasseur, Anne)
June 28, 2019 Filing 19 NOTICE of Appearance by Anne Casey LeVasseur on behalf of H & L Chevrolet, Inc. (LeVasseur, Anne)
June 28, 2019 Filing 18 NOTICE by General Motors Financial Company, Inc. re #17 MOTION to Dismiss for Lack of Jurisdiction (Grant, Michael)
June 28, 2019 Filing 17 MOTION to Dismiss for Lack of Jurisdiction by General Motors Financial Company, Inc..Responses due by 7/19/2019 (Grant, Michael)
June 28, 2019 Filing 16 NOTICE by Richard Chevrolet, Inc. re #15 MOTION to Dismiss (Storck, Edward)
June 28, 2019 Filing 15 MOTION to Dismiss by Richard Chevrolet, Inc..Responses due by 7/19/2019 (Storck, Edward)
June 28, 2019 Filing 14 NOTICE of Appearance by Edward N. Storck, III on behalf of Richard Chevrolet, Inc. (Storck, Edward)
June 24, 2019 Filing 13 NOTICE of Appearance by Michael Thomas Grant on behalf of General Motors Financial Company, Inc. (Grant, Michael)
June 20, 2019 Filing 12 SUMMONS Returned Executed by Debbi Cotterell. General Motors Financial Company, Inc. served on 6/10/2019, answer due 7/1/2019. (Peterson, M)
June 20, 2019 Filing 11 SUMMONS Returned Executed by Debbi Cotterell. General Motors LLC served on 6/10/2019, answer due 7/1/2019. (Peterson, M)
June 20, 2019 Filing 10 SUMMONS Returned Executed by Debbi Cotterell. Richard Chevrolet, Inc. served on 6/7/2019, answer due 6/28/2019. (Peterson, M)
June 20, 2019 Filing 9 SUMMONS Returned Executed by Debbi Cotterell. H & L Chevrolet, Inc. served on 6/7/2019, answer due 6/28/2019. (Peterson, M)
June 13, 2019 Filing 8 Consent to Electronic Notice by Debbi Cotterell (Attachments: #1 Envelope) (Peterson, M)
June 13, 2019 Filing 7 MOTION by Self Represented Litigant to Participate in Electronic Filing by Debbi Cotterell. (Attachments: #1 Envelope)(Peterson, M)
May 29, 2019 Filing 6 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *General Motors Financial Company, Inc., General Motors LLC, H & L Chevrolet, Inc., Richard Chevrolet, Inc.* with answer to complaint due within *21* days. *Debbi Cotterell* *17 Renwick St.* *Unit C* *Stamford, CT 06902*. (Imbriani, Susan)
May 29, 2019 Request for Clerk to issue summons as to General Motors Financial Company, Inc., General Motors LLC, H & L Chevrolet, Inc., Richard Chevrolet, Inc.. (Imbriani, Susan)
May 29, 2019 Filing 5 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #4 Electronic Filing Order, #2 Order on Pretrial Deadlines, #3 Protective Order, #1 Complaint, filed by Debbi Cotterell. Signed by Clerk on 5/29/19.(Imbriani, Susan).
May 29, 2019 Opinion or Order Filing 4 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Michael P. Shea on 5/29/19.(Imbriani, Susan)
May 29, 2019 Opinion or Order Filing 3 STANDING PROTECTIVE ORDER. Signed by Judge Michael P. Shea on 5/29/19.(Imbriani, Susan)
May 29, 2019 Opinion or Order Filing 2 Order on Pretrial Deadlines: Amended Pleadings due by 7/28/2019; Discovery due by 11/28/2019 Dispositive Motions due by 1/2/2020. Signed by Clerk on 5/29/19.(Imbriani, Susan)
May 29, 2019 Filing fee received from Debbi Cotterell: $ 400.00, receipt number CTXB00010238. (Imbriani, Susan)
May 29, 2019 Filing 1 COMPLAINT against General Motors Financial Company, Inc., General Motors LLC, H & L Chevrolet, Inc., Richard Chevrolet, Inc., filed by Debbi Cottrell. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(Imbriani, Susan)

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Plaintiff: Debbi Cotterell
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Defendant: General Motors Financial Company, Inc.
Represented By: Michael Thomas Grant
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Defendant: H & L Chevrolet, Inc.
Represented By: Eric W. F. Niederer
Represented By: Anne Casey LeVasseur
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Defendant: Richard Chevrolet, Inc.
Represented By: Edward N. Storck, III
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Defendant: General Motors LLC
Represented By: Timothy Duggan
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