Clarke v. General Motors, LLC (BUICK)
| Julius Erving Anderson Clarke |
| General Motors, LLC (BUICK) |
| 1:2025cv21784 |
| April 18, 2025 |
| U.S. District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 7, 2025. A more recent docket listing may be available from PACER.
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| Filing 35 PLAINTIFF'S FIRST AMENDED COMPLAINT against General Motors, LLC (BUICK) filed in response to Order Granting Motion for Leave, filed by Julius Erving Anderson Clarke.(drz) |
| Filing 34 REPLY to Response to Motion re #26 Motion for Leave to File. filed by Julius Erving Anderson Clarke. (drz) |
Filing 33
PAPERLESS ORDER Granting Plaintiff's #26 Motion for Leave to File an Amended Complaint. Plaintiff seeks to cure pleading defects raised by Defendant's #16 Motion to Dismiss by filing an amended complaint pursuant to Fed. R. Civ. P. 15(a)(2). See Heard v. Publix Supermarkets Inc., 808 F. App'x 904, 905-06 (11th Cir. 2020) (citations omitted).Defendant argues that granting Plaintiff leave to amend would be futile for three reasons: that there was no consideration exchanged between the parties sufficient to form a contract; that the National Traffic and Motor Vehicle Safety Act, 49 U.S.C. 30100 et seq., bars Plaintiff's recall-based contract and estoppel claims; and that Plaintiff's negligence claim is barred by the economic loss rule. Defendant also objects to Plaintiff's #26 Motion for failing to attach a copy of the proposed amendment to the Motion, as required by Local Rule 15.1 of the Southern District of Florida. See S.D. Fla. L.R. 15.1 ("A party who moves to amend a pleading shall attach the original of the amendment to the motion in the manner prescribed by Section 3I(1) of the CM/ECF Administrative Procedures.").The Court finds that justice requires permitting Plaintiff to file an amended complaint, notwithstanding Plaintiff's failure to strictly comply with the Local Rule. See Fed. R. Civ. P. 15(a)(2). Accordingly, Plaintiff's #26 Motion is GRANTED. Plaintiff shall file an amended complaint by no later than October 10, 2025. Defendant shall file its response within FOURTEEN (14) DAYS of service of the amended complaint. If Plaintiff seeks to replead allegations relating to his breach of contract, promissory estoppel, and negligence claims, he should consider the arguments raised by Defendant's #28 Response to Plaintiff's Motion for Leave to Amend, as well as those raised by Defendant's #16 Motion to Dismiss. Defendant's #16 Motion to Dismiss #1 Complaint is denied, as moot. Signed by Magistrate Judge Lauren Fleischer Louis on 9/22/2025. (wwn) Modified Text on 9/22/2025 as to Amended Complaint deadline date (cwc).
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Filing 32
PAPERLESS ORDER Denying, as moot, Plaintiff's #30 Motion for Leave to File a Sur Reply to Defendant's Response and Request for Telephonic Hearing. As noted by Defendant in response, (ECF No. 31), Plaintiff does not need leave of the Court to file a "reply" to the response filed in opposition to a motion. See S.D. Fla. L.R. 7.1(c) ("The movant may, within seven (7) days after service of an opposing memorandum of law, file and serve a reply memorandum in support of the motion[.]"). Signed by Magistrate Judge Lauren Fleischer Louis on 9/22/2025. (wwn)
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| Set Deadline Per DE 33 . Amended Complaint due by 10/10/2025. (cwc) |
| Filing 31 RESPONSE to Motion re #30 MOTION for Leave to File MOTION for Hearing re #16 Defendant's MOTION to Dismiss #1 Complaint and Memorandum of Law, #28 Response/Reply (Other) filed by General Motors, LLC (BUICK). Replies due by 9/22/2025. (Hartman, Brent) |
| Filing 30 MOTION for Leave to File to Provide a Sub Reply to Defendant's Response and Request for Telephonic Hearing re #16 Defendant's MOTION to Dismiss #1 Complaint and Memorandum of Law, #28 Response/Reply (Other) by Julius Erving Anderson Clarke. (drz) |
| Filing 29 NOTICE of Filing Discovery: Plaintiff's Notice of Intent to Serve Subpoena for Production of Documents(drz) |
| Filing 28 RESPONSE to Plaintiff's Motion Seeking Leave to File Amended Complaint and Incorporated Memorandum of Law by General Motors, LLC (BUICK). (Hartman, Brent) |
| Filing 27 NOTICE of Attorney Appearance by Brent Dovell Hartman on behalf of General Motors, LLC (BUICK). Attorney Brent Dovell Hartman added to party General Motors, LLC (BUICK)(pty:dft). (Hartman, Brent) |
| Filing 26 MOTION Seeking Leave to File Amended Complaint with Exhibits #1 Complaint by Julius Erving Anderson Clarke. Responses due by 9/4/2025. (drz) |
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Filing 25
ORDER STRIKING AMENDED COMPLAINT. Docket Entry Nos. 23 and 24 are STRICKEN. The Clerk is instructed to mail a copy of this Order to Plaintiff. Signed by Magistrate Judge Lauren Fleischer Louis on 8/12/2025. See attached document for full details. (mrg)
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| Filing 24 STRICKEN: NOTICE OF FILING EXHIBITS(S) by Julius Erving Anderson Clarke (drz) Modified text per #25 Order on 8/12/2025 (caw). |
| Filing 23 STRICKEN: AMENDED COMPLAINT against General Motors, LLC (BUICK), filed by Julius Erving Anderson Clarke.(drz) Modified text per #25 Order on 8/12/2025 (caw). |
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Filing 22
PAPERLESS ORDER Striking Sur-Reply. Plaintiff has filed a response to Defendant's Reply in Support of Motion to Dismiss. See (ECF No. 21). After a movant has filed a reply brief, "[n]o further or additional memoranda of law shall be filed and served without prior leave of the Court." Southern District of Florida Local Rule 7.1(c)(1). Plaintiff did not obtain leave of the Court before filing his sur-reply (Docket Entry No. 21). Therefore, Docket Entry No. 21 is STRICKEN. Signed by Magistrate Judge Lauren Fleischer Louis on 7/15/2025. (mrg)
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| Filing 21 "STRICKEN" RESPONSE in Opposition to #19 Response/Reply (Other) by Julius Erving Anderson Clarke. (drz) Modified on 7/16/2025 (ls). (per DE #22) |
| Filing 20 Summons (Affidavit) Returned Unexecuted by Julius Erving Anderson Clarke as to General Motors, LLC (BUICK). (ls) |
| Filing 19 Defendant's REPLY to #17 Response in Opposition to Motion to Dismiss by General Motors, LLC (BUICK). (Ruiz, Jens) |
| Filing 18 Joint SCHEDULING REPORT - Rule 16.1 by General Motors, LLC (BUICK) (Ruiz, Jens) |
| Filing 17 RESPONSE in Opposition re #16 Defendant's MOTION to Dismiss #1 Complaint and Memorandum of Law filed by Julius Erving Anderson Clarke. Replies due by 7/8/2025. (drz) |
| Filing 16 Defendant's MOTION to Dismiss #1 Complaint and Memorandum of Law by General Motors, LLC (BUICK). Responses due by 7/2/2025. (Ruiz, Jens) |
| Filing 15 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by General Motors, LLC (BUICK) identifying Other Affiliate General Motors Holdings LLC, Other Affiliate General Motors Company for General Motors, LLC (BUICK) (Ruiz, Jens) |
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Filing 14
ORDER Requiring Joint Scheduling Report and Certificates of Interested Parties by July 8, 2025. The Clerk is instructed to mail a copy of this Order to Plaintiff. Signed by Magistrate Judge Lauren Fleischer Louis on 6/17/2025. See attached document for full details. (mrg)
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Filing 13
ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. The Clerk is instructed to mail a copy of this Order to Plaintiff. Signed by Magistrate Judge Lauren Fleischer Louis on 6/17/2025. See attached document for full details. (mrg)
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| Filing 12 CLERK'S NOTICE of Compliance re #11 Order. (kpe) |
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Filing 11
AMENDED ORDER Regarding Magistrate Judge Jurisdiction. The Clerk is instructed to mail a copy of this Order and the attachments to Plaintiff. Signed by Magistrate Judge Lauren Fleischer Louis on 5/30/2025. See attached document for full details. (Attachments: #1 Form Motion for Reassignment, #2 AO 2025-11) (mrg)
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| Filing 10 NOTICE of Attorney Appearance by Jens Christian Ruiz on behalf of General Motors, LLC (BUICK). Attorney Jens Christian Ruiz added to party General Motors, LLC (BUICK)(pty:dft). (Ruiz, Jens) |
| Filing 9 WAIVER OF SERVICE Returned Executed by General Motors, LLC (BUICK). General Motors, LLC (BUICK) waiver sent on 4/22/2025, response/answer due 6/23/2025. (Ruiz, Jens) |
| Filing 8 Clerk's NOTICE of Compliance re #5 Order on Motion for Leave to Proceed in forma pauperis. (Package Prepared for Marshal Service) (drz) |
| Filing 7 Summons Issued as to General Motors, LLC (BUICK). (drz) |
| Filing 6 CLERK'S NOTICE of Compliance re #4 Order. (kpe) |
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Filing 5
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. USM Service Ordered and Summonses NOT provided for USM Service. Signed by Magistrate Judge Lauren Fleischer Louis on 4/22/2025. See attached document for full details. (mrg)
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Filing 4
ORDER Regarding Magistrate Judge Jurisdiction. The Clerk is INSTRUCTED to mail a copy of this Order and the attached exhibits to Plaintiff. Signed by Magistrate Judge Lauren Fleischer Louis on 4/22/2025. See attached document for full details. (Attachments: Exhibit (1): Form Motion for Reassignment; Exhibit (2): AO 2025-11) (mrg)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Julius Erving Anderson Clarke. (amb) |
| Filing 2 Judge Assignment to Magistrate Judge Lauren Fleischer Louis (amb) |
| Filing 1 COMPLAINT against General Motors, LLC (BUICK). Filing fees: IFP Filed, filed by Julius Erving Anderson Clarke. (Attachments: #1 Civil Cover Sheet)(amb) |
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| Plaintiff: Julius Erving Anderson Clarke | |
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| Defendant: General Motors, LLC (BUICK) | |
| Represented By: | Jens Christian Ruiz |
| Represented By: | Brent Dovell Hartman |
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