BETTER WAY FORD LLC et al v. FORD MOTOR COMPANY et al
| PEGGY A CIANCHETTE, ERIC A CIANCHETTE, CIANCHETTE FAMILY LLC and BETTER WAY FORD LLC |
| FORD MOTOR CREDIT COMPANY and FORD MOTOR COMPANY |
| 2:2021cv00116 |
| April 30, 2021 |
| US District Court for the District of Maine |
| JOHN C NIVISON |
| GEORGE Z SINGAL |
| NANCY TORRESEN |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 63 REPLY to Response to Motion re #56 (Document sealed from public view) MOTION to Seal SSA Agreement, Ltr of Understanding filed by FORD MOTOR COMPANY. (SHICORA, KRISTIN) |
| Filing 62 RESPONSE in Opposition re #56 (Document sealed from public view) MOTION to Seal SSA Agreement, Ltr of Understanding filed by BETTER WAY FORD LLC, ERIC A CIANCHETTE, PEGGY A CIANCHETTE, CIANCHETTE FAMILY LLC. Reply due by 10/12/2023. (Attachments: #1 Exhibit A)(BRYANT, TIMOTHY) |
| Filing 61 REPLY to Motion re #50 MOTION to Dismiss for Failure to State a Claim Amended Reply Brief in Support filed by FORD MOTOR COMPANY. (SHICORA, KRISTIN) Modified on 9/26/2023 to reflect filing was a reply, not a response (slg). |
| Filing 60 NOTICE of Docket Entry Modification regarding #59 Response to Motion. Marked as filed in error by the Clerk's Office at Counsel's request. Counsel to file an Amended response. (slg) |
| Filing 59 ***FILED IN ERROR***RESPONSE to Motion re #50 MOTION to Dismiss for Failure to State a Claim Reply Brief in Support filed by FORD MOTOR COMPANY. Reply due by 10/6/2023. (SHICORA, KRISTIN) Modified on 9/22/2023 to mark filed in error. Counsel will re-file (slg). |
| Filing 58 REPLY to Response to Motion re #46 Redacted MOTION To File Testimony Under Seal with incorporated memorandum of law, #47 (Document sealed from public view) SEALED MOTION To File Testimony Under Seal with Incorporated Memorandum of Law filed by BETTER WAY FORD LLC, ERIC A CIANCHETTE, PEGGY A CIANCHETTE, CIANCHETTE FAMILY LLC. (BRYANT, TIMOTHY) |
| Filing 57 RESPONSE in Opposition re #50 MOTION to Dismiss for Failure to State a Claim filed by BETTER WAY FORD LLC, ERIC A CIANCHETTE, PEGGY A CIANCHETTE, CIANCHETTE FAMILY LLC. Reply due by 9/22/2023. (Attachments: #1 Exhibit A - 2016 Tucker Complaint, #2 Exhibit B - Day 1 MMVFB Hearing, #3 Exhibit C - Day2 MMVFB Hearing)(BRYANT, TIMOTHY) |
| Filing 56 (Document sealed from public view) MOTION to Seal SSA Agreement, Ltr of Understanding by FORD MOTOR COMPANY Responses due by 9/29/2023. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit 1 - Declaration, #3 Exhibit 2 - Stipulated PO, #4 Exhibit 3 - Motion to Dismiss with Confidential Exhs, #5 Exhibit 4 - Service Agreement - redacted)(SHICORA, KRISTIN) |
| Filing 55 NOTICE of Docket Entry Modification regarding #54 (Document sealed from public view) MOTION to Seal SSA Agreement, Ltr of Understanding . Marked as filed in error by the Clerk's Office. Counsel to re-file. (slg) |
| Filing 54 ***FILED IN ERROR***(Document sealed from public view) MOTION to Seal SSA Agreement, Ltr of Understanding by FORD MOTOR COMPANY Responses due by 9/28/2023. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit 1 - Declaration, #3 Exhibit 2 - Stipulated PO, #4 Exhibit 3 - Motion to Dismiss with Confidential Exhs, #5 Exhibit 4 - Service Agreement - redacted)(SHICORA, KRISTIN) Modified on 9/8/2023 marked as filed in error by the Clerk's Office. Counsel to re-file (slg). |
Filing 53
ORDER granting #52 Motion for Leave to File Excess Pages. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
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| Filing 52 MOTION for Leave to File an opposition to defendant's motion to dismiss plaintiffs' amended complaint in excess of 20 pages by BETTER WAY FORD LLC, ERIC A CIANCHETTE, PEGGY A CIANCHETTE, CIANCHETTE FAMILY LLC Responses due by 9/26/2023. (BRYANT, TIMOTHY) |
| Filing 51 RESPONSE in Opposition re #47 (Document sealed from public view) SEALED MOTION To File Testimony Under Seal with Incorporated Memorandum of Law, #46 Redacted MOTION To File Testimony Under Seal with incorporated memorandum of law filed by FORD MOTOR COMPANY. Reply due by 9/15/2023. (Attachments: #1 Exhibit 1 - Stipulated Protective Order, #2 Exhibit 2 - Declaration of Robert Wolfbauer, #3 Exhibit 3 - 2.16.23 Hearing Transcript, #4 Exhibit 4 - 6.14.23 Order)(SHICORA, KRISTIN) |
| Case Randomly Reassigned to JUDGE NANCY TORRESEN. JUDGE GEORGE Z. SINGAL no longer assigned to the case. (mlm) |
| Filing 50 MOTION to Dismiss for Failure to State a Claim by FORD MOTOR COMPANY Responses due by 9/8/2023. (Attachments: #1 Exhibit Confidential, #2 Exhibit Confidential, #3 Exhibit Ann McDonough Trial Testimony 2/14/2018, #4 Exhibit Cianchette v. Cianchette (2019), #5 Exhibit MMVFB Complaint, #6 Exhibit MMVFB Final Order, #7 Proposed Order)(SHICORA, KRISTIN) Modified on 8/18/2023 to clean up docket text (lrt). |
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Filing 49
ORDER granting #48 Motion for Leave to File Excess Pages. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
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| Filing 48 MOTION for Leave to File by FORD MOTOR COMPANY Responses due by 9/5/2023. (SHICORA, KRISTIN) |
| Filing 47 (Document sealed from public view) SEALED MOTION To File Testimony Under Seal with Incorporated Memorandum of Law by BETTER WAY FORD LLC, ERIC A CIANCHETTE, PEGGY A CIANCHETTE, CIANCHETTE FAMILY LLC Responses due by 9/1/2023. (Attachments: #1 Exhibit A - Fully Executed Stipulated Protective Order, #2 Exhibit B - Day 1 Testimony Redacted, #3 Exhibit C - Ford Confidentiality Designations, #4 Exhibit D - June Order, #5 Exhibit E - Spreadsheet re Specific Testimony at Issue in Motion to Seal, #6 Exhibit F - Day 4 Testimony)(BRYANT, TIMOTHY) |
| Filing 46 Redacted MOTION To File Testimony Under Seal with incorporated memorandum of law by BETTER WAY FORD LLC, ERIC A CIANCHETTE, PEGGY A CIANCHETTE, CIANCHETTE FAMILY LLC Responses due by 9/1/2023. (Attachments: #1 Exhibit A - Fully Executed Stipulated Protective Order, #2 Exhibit B - Redacted - Day 1 Testimony Redacted, #3 Exhibit C - Ford Confidentiality Designations, #4 Exhibit D - June Order, #5 Exhibit E - Spreadsheet re Specific Testimony at Issue in Motion to Seal, #6 Exhibit F - Redacted - Day 4 Testimony)(BRYANT, TIMOTHY) |
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Filing 45
SCHEDULING ORDER: Discovery due by 4/19/2024. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 4/26/2024. Motions due by 5/10/2024. Ready for Trial on 7/1/2024. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
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| Filing 44 JOINT Proposed Discovery and Motion Filing Plan Revised by FORD MOTOR COMPANY. (SHICORA, KRISTIN) |
| Filing 43 JOINT Proposed Discovery and Motion Filing Plan by FORD MOTOR COMPANY. (SHICORA, KRISTIN) |
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Filing 42
PROCEDURAL ORDER. Joint proposed scheduling order and any motion to reinstate the stay due by 8/4/2023; motion to seal the amended complaint due by 8/11/2023; answer/response to amended complaint due by 8/18/2023. By MAGISTRATE JUDGE JOHN C. NIVISON. (lrt)
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| Filing 41 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. Order to issue. (Court Reporter: Tammy Martell) (MFS) |
| Filing 40 (Document sealed from public view) SEALED ADDITIONAL ATTACHMENTS re #39 Amended Complaint,, -- by BETTER WAY FORD LLC, ERIC A CIANCHETTE, PEGGY A CIANCHETTE, CIANCHETTE FAMILY LLC. (Attachments: #1 Exhibit E - MMVFB Hearing Day 4)(BRYANT, TIMOTHY) |
| Filing 39 Redacted AMENDED COMPLAINT against FORD MOTOR COMPANY, filed by PEGGY A CIANCHETTE, BETTER WAY FORD LLC, CIANCHETTE FAMILY LLC, ERIC A CIANCHETTE. (Service of Process Deadline 10/11/2023) (Attachments: #1 Exhibit A - 2013 Letter Ford to PET (Four C's), #2 Exhibit B - MMVFB Hearing Day 5, #3 Exhibit C - McDonough Affidavit, #4 Exhibit D - Day 3 Tucker Trial, #5 Exhibit E - Redacted MMVFB Hearing Day 4, #6 Exhibit F - 12.14.22 McDonough Dep, #7 Exhibit G - 12.15.22 McDonough Dep)(BRYANT, TIMOTHY) |
| Filing 38 NOTICE of Hearing: Telephone Conference set for 7/19/2023 at 10:00 AM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) |
| Filing 37 STATUS REPORT by FORD MOTOR COMPANY. (SHICORA, KRISTIN) |
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Filing 36
Upon review of the parties' status reports (ECF Nos. 34, 35), the Court orders the stay to remain in effect until further order of the Court. The parties shall file a status report on or about July 31, 2023, or upon receipt of the Maine Motor Vehicle Franchise Boards written decision on the merits on the claim asserted in the administrative proceeding, whichever date is earlier. By MAGISTRATE JUDGE JOHN C. NIVISON. (lrt)
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| Filing 35 STATUS REPORT by BETTER WAY FORD LLC, ERIC A CIANCHETTE, PEGGY A CIANCHETTE, CIANCHETTE FAMILY LLC. (BRYANT, TIMOTHY) |
| Filing 34 STATUS REPORT by FORD MOTOR COMPANY. (SHICORA, KRISTIN) |
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Filing 33
PROCEDURAL ORDER. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
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| Filing 32 Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. Order to issue. (Court Reporter: Cathy Ford) (MFS) |
| Set Deadlines: Status Report due by 5/22/2023. (MFS) |
| Filing 31 CERTIFICATION for Admission Pro Hac Vice of Jason Sonner Esq. filed by MELISSA MURPHY HANLON on behalf of FORD MOTOR CREDIT COMPANY (Total admission fee $ 100 receipt number AMEDC-2772262.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: #1 Cert of Service)(HANLON, MELISSA) |
| Filing 30 CERTIFICATION for Admission Pro Hac Vice of James O'Connor Esq. filed by MELISSA MURPHY HANLON on behalf of FORD MOTOR CREDIT COMPANY (Total admission fee $ 100 receipt number AMEDC-2772247.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: #1 Cert of Service)(HANLON, MELISSA) |
| Filing 29 NOTICE of Hearing: Telephone Conference set for 3/22/2023 at 1:00 PM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) |
| Set Deadlines: Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney JACOB S. SONNER must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 3/15/2023. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (mlm) |
| Filing 28 STATUS REPORT by FORD MOTOR COMPANY. (Attachments: #1 Exhibit Transcript 2/16/23 Hrg)(SHICORA, KRISTIN) |
| Filing 27 STATUS REPORT by BETTER WAY FORD LLC, ERIC A CIANCHETTE, PEGGY A CIANCHETTE, CIANCHETTE FAMILY LLC. (BRYANT, TIMOTHY) |
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Filing 26
ORDER: Upon review of the parties' status report (ECF No. 25), the Court continues the stay of all filing deadlines. The parties shall file a status report on or about March 10, 2023 By MAGISTRATE JUDGE JOHN C. NIVISON. Status Report due by 3/10/2023.(tcs)
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| Filing 25 STATUS REPORT by BETTER WAY FORD LLC, ERIC A CIANCHETTE, PEGGY A CIANCHETTE, CIANCHETTE FAMILY LLC. (BRYANT, TIMOTHY) |
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Filing 24
ORDER: Upon review of the parties' status report (ECF No. 23), the Court continues the stay of all filing deadlines. The parties shall file a status report on or about January 24, 2023. Status Report due by 1/24/2023. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)
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| Filing 23 STATUS REPORT by BETTER WAY FORD LLC, ERIC A CIANCHETTE, PEGGY A CIANCHETTE, CIANCHETTE FAMILY LLC. (BRYANT, TIMOTHY) |
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Filing 22
ORDER Upon review of the parties' status report (ECF No. 21), the Court continues the stay of all filing deadlines. The parties shall file a status report on or about November 15, 2022 By MAGISTRATE JUDGE JOHN C. NIVISON. Status Report due 11/15/2022 (tcs)
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| Filing 21 STATUS REPORT by BETTER WAY FORD LLC, ERIC A CIANCHETTE, PEGGY A CIANCHETTE, CIANCHETTE FAMILY LLC. (BRYANT, TIMOTHY) |
| Filing 20 Upon review of the parties' status report (ECF No. 19), the Court continues the stay of all filing deadlines. The parties shall file a status report on or about 8/15/2022. By MAGISTRATE JUDGE JOHN C. NIVISON. (lrt) |
| Filing 19 STATUS REPORT by BETTER WAY FORD LLC, ERIC A CIANCHETTE, PEGGY A CIANCHETTE, CIANCHETTE FAMILY LLC. (BRYANT, TIMOTHY) |
| Filing 18 Upon review of the parties' status report (ECF No. 17), the Court continues the stay of all filing deadlines. The parties shall file a status report on or about May 10, 2022. By MAGISTRATE JUDGE JOHN C. NIVISON. Status Report due by 5/10/2022.(tcs) |
| Filing 17 STATUS REPORT by BETTER WAY FORD LLC, ERIC A CIANCHETTE, PEGGY A CIANCHETTE, CIANCHETTE FAMILY LLC. (BRYANT, TIMOTHY) |
| Filing 16 Upon review of the parties' status report (ECF No. 15), the Court continues the stay of all filing deadlines. The parties shall file a status report on or about February 1, 2022. By MAGISTRATE JUDGE JOHN C. NIVISON. (lrt) |
| Filing 15 STATUS REPORT by BETTER WAY FORD LLC, ERIC A CIANCHETTE, PEGGY A CIANCHETTE, CIANCHETTE FAMILY LLC. (BRYANT, TIMOTHY) |
| Set Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Any unregistered attorneys must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 5/21/2021. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (lrt) |
| Filing 14 CERTIFICATION for Admission Pro Hac Vice of Kristin E. Shicora filed by MICHELLE I. SCHAFFER on behalf of FORD MOTOR COMPANY (Total admission fee $ 100 receipt number AMEDC-2490582.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (SCHAFFER, MICHELLE) |
| Filing 13 CERTIFICATION for Admission Pro Hac Vice of Emily J. Rogers filed by MICHELLE I. SCHAFFER on behalf of FORD MOTOR COMPANY (Total admission fee $ 100 receipt number AMEDC-2490579.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (SCHAFFER, MICHELLE) |
| Filing 12 CERTIFICATION for Admission Pro Hac Vice of William J. Conroy filed by MICHELLE I. SCHAFFER on behalf of FORD MOTOR COMPANY The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (SCHAFFER, MICHELLE) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by FORD MOTOR COMPANY. (SCHAFFER, MICHELLE) |
| Filing Fee Received from FORD MOTOR COMPANY: Amount Paid: $100. Receipt Number: 221000941. Method of Payment: Credit Card. Purpose of Payment: Pro Hac Vice Filing Fee. Date Paid: 5/11/2021 (lrt) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT by BETTER WAY FORD LLC, CIANCHETTE FAMILY LLC. (BRYANT, TIMOTHY) Modified on 5/10/2021 to correct the filers(lrt). |
| Filing 9 CORPORATE DISCLOSURE STATEMENT by FORD MOTOR CREDIT COMPANY. (HANLON, MELISSA) |
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Filing 8
ORDER granting #7 Motion to Stay. The matter is stayed until further order of the Court. Accordingly, all filing deadlines are stayed. The parties shall file a status report on or about August 10, 2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
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| Set Deadlines per Order No. 8: Status Report due by 8/10/2021. (lrt) |
| Filing 7 Joint MOTION to Stay as a Matter of Right Pursuant to 10 M.R.S. sec.1190-A and Extend Time File Responsive Pleading by FORD MOTOR COMPANY Responses due by 5/28/2021. (SCHAFFER, MICHELLE) |
| Filing 6 NOTICE of Appearance by MICHELLE I. SCHAFFER on behalf of FORD MOTOR COMPANY (SCHAFFER, MICHELLE) |
| Filing 5 STATE COURT RECORD with Affidavit by FORD MOTOR CREDIT COMPANY. (Attachments: #1 Exhibit Docket Sheet w/ Certification, #2 Exhibit Complaint and Summons, #3 Exhibit Application to Transfer to Business & Consumer Docket, #4 Exhibit Summons/Service Ford Motor, #5 Exhibit Summons/Service Ford Credit, #6 Exhibit Motion to Stay, #7 Exhibit Notice of Filing of Notice of Removal)(HANLON, MELISSA) |
| Filing 4 CERTIFICATION for Admission Pro Hac Vice of Kevin C. Cain filed by MELISSA MURPHY HANLON on behalf of FORD MOTOR CREDIT COMPANY (Total admission fee $ 100 receipt number AMEDC-2487050.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (HANLON, MELISSA) Modified on 5/4/2021 to correct typo in attorney's last name (lrt). |
| Filing Fee Paid via Credit Card ( Filing fee $ 402 receipt number AMEDC-2486604.), filed by FORD MOTOR CREDIT COMPANY.(HANLON, MELISSA) |
| Set Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Kevin Cain must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 5/17/2021. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (lrt) |
| Filing 3 PROCEDURAL ORDER RE: REMOVAL: State Court Record due by 5/7/2021. By DEPUTY CLERK: Robert Allen. (bfa) |
| Filing 2 CIVIL COVER SHEET. (bfa) |
| Filing 1 NOTICE OF REMOVAL from Cumberland County Superior Court, case number CV-2021-00053. PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by FORD MOTOR CREDIT COMPANY. (Service of Process Deadline 7/29/2021) Fee due by 5/3/2021. (Attachments: #1 Exhibit A - Email correspondence approving removal to federal court, #2 Exhibit B - Process, pleadings and order served on Ford Motor and Ford Credit, #3 Exhibit C - Copy of state court docket, #4 Exhibit D - Copy of notice of filing of notice of removal action to federal court)(bfa) |
| Set Deadlines : Per Local Rule 7.1 Notice of Interested Parties or Corporate Disclosure Statement due by 5/7/2021. (bfa) |
| Reset Answer Deadline for FORD MOTOR CREDIT COMPANY incorrect date set: Answer due by 5/7/2021. (bfa) |
| Set Answer Deadline for FORD MOTOR CREDIT COMPANY: Answer due by 5/4/2021. (bfa) |
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