S. et al v. American Honda Motor Co., Inc.
| MARCIA WHITE and K. S. |
| American Honda Motor Co., Inc. |
| 3:2024cv02020 |
| December 20, 2024 |
| U.S. District Court for the District of Connecticut |
| Vernon D Oliver |
| Robert M Spector |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| None |
Docket Report
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Filing 26
ORDER. The Court has reviewed the status report #24 filed by Defendant's counsel describing the failure of Plaintiff's counsel to respond to communications regarding this action, leading to the failure of Plaintiff's counsel to participate in the required Rule 26(f) conference. The Court has also noticed that Plaintiff's counsel has failed to appear in this removed action and has thus failed to take any action on this Court's docket since removal. Plaintiff's counsel is hereby noticed that the continued failure to comply with Court deadlines may result in sanctions. "Courts have consistently treated neglect of client matters and ineffective or incompetent representation as sanctionable conduct." In re Einhorn, 428 F. App'x 26, 34 (2d Cir. 2011) (collecting cases). "Numerous circuits, with the support of leading commentators, have indicated that, at least absent prejudice, dismissal for failure to prosecute is inappropriate where the fault clearly lay in the lawyer's failure to attend to his client's business, and the court failed to consider alternative sanctions." Dodson v. Runyon, 86 F.3d 37, 40 (2d Cir. 1996). Where a "delay was occasioned by the lawyer's disregard of his obligation toward his client," this factor "argues in favor of a... sanction imposed directly on the lawyer." Id.Plaintiff is on notice that if Defendant can sufficiently demonstrate that Plaintiffs counsels lack of responsiveness has prejudiced Defendant in its ability to defend against Plaintiffs claims, it may move for dismissal. See Simmons v. Abruzzo, 49 F.3d 83, 87 (2d Cir. 1995) (holding that district courts ha[ve] the power under Fed. R. Civ. P. 41(b) to dismiss a complaint for failure to comply with a court order, treating the noncompliance as a failure to prosecute); Suleski v. USI Consulting Grp., Inc., No. 17-CV-1503 (JBA), 2019 WL 1173016, at *3 (D. Conn. Mar. 13, 2019). Accordingly, on or before February 28, 2025, counsel for the Defendant shall serve a copy of this order on Plaintiff's counsel. On or before March 6, 2025, the Defendant shall file evidence of service of this order. On or before March 13, 2025, Plaintiff's counsel shall file a notice with this Court describing: (1) counsel's receipt and acknowledgment of this order, (2) counsel's explanation for failing to prosecute the case to this point, and (3) counsel's commitment to meet court deadlines and the requirements of the rules of professional conduct moving forward. Thereafter, on or before March 27, 2025, the Parties shall file the 26(f) report that was originally due on February 2, 2025. The deadlines discussed in ECF No. 25 are hereby vacated. Signed by Judge Vernon D. Oliver on 02/14/2025. (Urban, N.)
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| Filing 25 26(f) NOTICE: The Court has reviewed the file in this case to monitor thepartys compliance with Local Rule 26(f). Local Rule 26(f) provides that,within 30 days after the appearance of any defendant, the attorneys ofrecord and any unrepresented parties must confer for purposes describedin Fed. R. Civ. P. 26(f). Local Rule 26(f) further provides that, within 14days after the conference, the participants must jointly file a report of theconference using Form 26(f). It appears that more than forty-four dayshave passed since the appearance of a defendant in this case, but noreport has been filed. Accordingly, it is hereby ordered that the partiesmust file on or before : 2/25/2025, (1) a written statementsigned by all counsel of record demonstrating that this case is exemptfrom the requirement of filing a form 26(f) report; or (2) a form 26(f) reportalong with a written statement signed by all counsel of record explainingwhy sanctions should not be imposed for the parties failure to comply withLocal Rule 26(f). Failure to comply with this order will result in dismissal ofthe complaint. Signed by Clerk.(Samson, J) |
| Filing 24 STATUS REPORT by American Honda Motor Co., Inc.. (Attachments: #1 Exhibit 1)(Gfeller, Charles) |
| Set Deadlines: Rule 26 Meeting Report due by 2/2/2025 (Samson, J) |
| Filing 23 CERTIFICATE OF GOOD STANDING re #15 MOTION for Attorney(s) Michael R. Carey to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-8030177) by American Honda Motor Co., Inc.. (Carey, Michael) |
| Filing 22 NOTICE of Appearance by Michael Carey on behalf of American Honda Motor Co., Inc. (Carey, Michael) |
| Filing 21 CERTIFICATE OF GOOD STANDING re #16 MOTION for Attorney(s) Hannah J. Mohs to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-8030272) by American Honda Motor Co., Inc.. (Mohs, Hannah) |
| Filing 20 NOTICE of Appearance by Hannah Mohs on behalf of American Honda Motor Co., Inc. (Mohs, Hannah) |
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Filing 19
ORDER OF TRANSFER. Case reassigned to Judge Vernon D. Oliver for all further proceedings. Signed by Clerk on 1/17/2025.(Hushin, Z.)
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Filing 18
ORDER granting #16 Motion to Appear Pro Hac Vice for Attorney Hannah J. Mohs. Certificate of Good Standing due by 3/17/2025. Signed by Clerk on 1/15/2025. (Chartier, A.)
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Filing 17
ORDER granting #15 Motion to Appear Pro Hac Vice for Attorney Michael R. Carey. Certificate of Good Standing due by 3/17/2025. Signed by Clerk on 1/15/2025. (Chartier, A.)
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| Filing 16 MOTION for Attorney(s) Hannah J. Mohs to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-8030272) by American Honda Motor Co., Inc.. (Gfeller, Charles) |
| Filing 15 MOTION for Attorney(s) Michael R. Carey to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-8030177) by American Honda Motor Co., Inc.. (Gfeller, Charles) |
| Filing 14 NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 1/6/2024.(Chartier, A.) |
| Filing 13 ANSWER to Complaint (Notice of Removal) AND AFFIRMATIVE DEFENSES by American Honda Motor Co., Inc..(Gfeller, Charles) |
| Filing 12 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 #1 Notice of Removal, filed by American Honda Motor Co., Inc., #3 Notice of Appearance filed by American Honda Motor Co., Inc., #6 Disclosure Statement filed by American Honda Motor Co., Inc., #10 Standing Protective Order, #9 Electronic Filing Order, #4 Notice (Other) filed by American Honda Motor Co., Inc., #11 Notice of Option to Consent to Magistrate Judge Jurisdiction, #5 Notice (Other) filed by American Honda Motor Co., Inc., #2 Notice of Appearance filed by American Honda Motor Co., Inc., #8 Order on Pretrial Deadlines, 7 Notice re: Disclosure Statement, Signed by Clerk on 12/27/2024. (Attachments: #1 Standing Order on Removed Cases)(Chartier, A.) |
| Filing 11 Notice of Option to Consent to Magistrate Judge Jurisdiction.(Chartier, A.) |
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Filing 10
Standing Protective Order Signed by Judge Jeffrey A. Meyer on 12/20/2024.(Chartier, A.)
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Filing 9
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 12/20/2024.(Chartier, A.)
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Filing 8
Order on Pretrial Deadlines: Amended Pleadings due by 2/18/2025 Discovery due by 6/23/2025 Dispositive Motions due by 7/28/2025 Signed by Clerk on 12/20/2024.(Chartier, A.)
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| Filing 7 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 12/20/24.(Hushin, Z.) |
| Judge Jeffrey A. Meyer and Judge Robert M. Spector added. (Oliver, T.) |
| Filing 6 Disclosure Statement by American Honda Motor Co., Inc. identifying Corporate Parent Honda Motor Co., Ltd. for American Honda Motor Co., Inc.. (Gfeller, Charles) |
| Filing 5 NOTICE by American Honda Motor Co., Inc. Statement of Compliance with Standing Order on Removed Cases (Gfeller, Charles) |
| Filing 4 NOTICE by American Honda Motor Co., Inc. Pending Motions (Gfeller, Charles) |
| Filing 3 NOTICE of Appearance by Anthony Joseph Biraglia on behalf of American Honda Motor Co., Inc. (Biraglia, Anthony) |
| Filing 2 NOTICE of Appearance by Charles Francis Gfeller on behalf of American Honda Motor Co., Inc. (Gfeller, Charles) |
| Filing 1 NOTICE OF REMOVAL by American Honda Motor Co., Inc. from Connecticut Superior Court, case number FBT-CV25-6140253 S. Filing fee $ 405 receipt number ACTDC-8009782, filed by American Honda Motor Co., Inc.. (Attachments: #1 Exhibit A)(Gfeller, Charles) |
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