DMO Methuen, LLC v. FCA US, LLC et al
| DMO Methuen, LLC doing business as Dan O'Brien Chrysler Dodge Jeep RAM |
| FCA US, LLC, Vincent Andrade and Ryan Morris |
| DMO Methuen, LLC |
| 1:2023cv10724 |
| April 4, 2023 |
| US District Court for the District of Massachusetts |
| Jennifer C Boal |
| George A OToole |
| Contract: Franchise |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on May 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 39 AMENDED ANSWER to Complaint and Counterclaims #22 Answer to Complaint (Notice of Removal),, Counterclaim, by FCA US, LLC. (Attachments: #1 Exhibit A - Dealer Term Agreements for Dan O'Brien, #2 Exhibit B - Methuen PD Original Report)(Gansborg, Blake) |
| Filing 38 MEMORANDUM in Support re #37 MOTION to Dismiss FCA US LLCS Counterclaim Counts I, II, III, IV and VI filed by DMO Methuen, LLC. (de Oliveira, Flaviana) |
| Filing 37 MOTION to Dismiss FCA US LLCS Counterclaim Counts I, II, III, IV and VI by DMO Methuen, LLC. (Attachments: # (1) Memorandum)(Paonessa, Gregory) Modified on 5/26/2023: Removed memorandum in support of motion and filed it as its own entry. SEE ENTRY #38 . (de Oliveira, Flaviana). |
| Filing 36 ANSWER to Complaint with Jury Demand , CROSSCLAIM against Vincent Andrade, COUNTERCLAIM against DMO Methuen, LLC by Ryan Morris.(McGhee, Laurie) |
| Filing 35 Judge George A. OToole, Jr: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Jennifer C. Boal Referred for: Full Pretrial, Dispositive Motions (ptd). Motions referred: #16 MOTION to Remand to State Court Pursuant to 28 U.S.C. Sec. 1447(c). (de Oliveira, Flaviana) Motions referred to Jennifer C. Boal. |
| Filing 34 Judge George A. OToole, Jr: ELECTRONIC ORDER entered TERMINATING AS MOOT #20 MOTION for Extension of Time to April 28, 2023 to File Answer. (de Oliveira, Flaviana) |
| Filing 33 Judge George A. OToole, Jr: ELECTRONIC ORDER entered GRANTING #30 Assented to MOTION for Extension of Time to Answer, Move or Otherwise Respond to FCA US LLC's Counterclaims. Answer due 5/26/2023. (de Oliveira, Flaviana) |
| Filing 32 AFFIDAVIT in Support re #31 Reply to Response to Motion for Remand. (Harris, Paul) |
| Filing 31 REPLY to Response to #16 MOTION to Remand to State Court Pursuant to 28 U.S.C. Sec. 1447(c) - Leave to File Granted May 9, 2023 filed by DMO Methuen, LLC. (Harris, Paul) |
| Filing 30 Assented to MOTION for Extension of Time to May 26, 2023 to Answer, Move or Otherwise Respond to FCA US LLC's Counterclaims by DMO Methuen, LLC.(Paonessa, Gregory) |
| Filing 29 Judge George A. OToole, Jr: ELECTRONIC ORDER entered granting #27 MOTION for Leave to File Reply to Defendant's Opposition to Plaintiff.s Motion for Remand. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Dore, Samantha) |
| Filing 28 NOTICE of Appearance by Laurie B. McGhee on behalf of Ryan Morris (McGhee, Laurie) |
| Filing 27 MOTION for Leave to File Reply to Defendant's Opposition to Plaintiff's Motion for Remand by DMO Methuen, LLC.(Paonessa, Gregory) |
| Filing 26 Judge George A. OToole, Jr: ELECTRONIC ORDER entered terminating as MOOT #6 Emergency Motion for Preliminary Injunction. (de Oliveira, Flaviana) |
| Filing 25 Judge George A. OToole, Jr: ORDER entered GRANTING Injunctive Relief Without Prejudice (dkt. No. 15). The parties are directed to changes in paragraphs six and seven. (de Oliveira, Flaviana) |
| Filing 24 Opposition re #16 MOTION to Remand to State Court Pursuant to 28 U.S.C. Sec. 1447(c) filed by FCA US, LLC. (Attachments: #1 Exhibit A - March 31, 2023 Email with Copies of Filings, #2 Exhibit B - March 31, 2023 Email Attaching Certified Mail Receipt, #3 Exhibit C - March 31, 2023 Email Attaching Draft Preliminary Injunction, #4 Exhibit D - April 3, 2023 Email re Acceptance of Service, #5 Exhibit E - April 4, 2023 Email re Acceptance of Service, #6 Exhibit F - April 4, 2023 Email Accepting Service, #7 Exhibit G - April 4, 2023 Affidavit of Acceptance of Service)(Gansborg, Blake) |
| Filing 23 NOTICE of Appearance by Gregory S. Paonessa on behalf of DMO Methuen, LLC (Paonessa, Gregory) |
| Filing 22 ANSWER to Complaint (Notice of Removal) , COUNTERCLAIM against DMO Methuen, LLC by FCA US, LLC. (Attachments: #1 Exhibit A - Dealer Term Agreements, #2 Exhibit B - Metheun Police Department Report)(Gansborg, Blake) |
| Filing 21 RESPONSE to Motion re #20 MOTION for Extension of Time to April 28, 2023 to File Answer filed by DMO Methuen, LLC. (Harris, Paul) |
| Filing 20 MOTION for Extension of Time to April 28, 2023 to File Answer by FCA US, LLC. (Attachments: #1 Exhibit A)(Gansborg, Blake) |
| Filing 19 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #16 MOTION to Remand to State Court Pursuant to 28 U.S.C. Sec. 1447(c) by Paul M. Harris on behalf of DMO Methuen, LLC. (Harris, Paul) |
| Filing 18 AFFIDAVIT in Support re #17 Memorandum in Support of Motion, #16 MOTION to Remand to State Court Pursuant to 28 U.S.C. Sec. 1447(c) S. Judge Affidavit. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Harris, Paul) |
| Filing 17 MEMORANDUM in Support re #16 MOTION to Remand to State Court Pursuant to 28 U.S.C. Sec. 1447(c) filed by DMO Methuen, LLC. (Harris, Paul) |
| Filing 16 MOTION to Remand to State Court Pursuant to 28 U.S.C. Sec. 1447(c) by DMO Methuen, LLC.(Harris, Paul) |
| Filing 15 Assented to MOTION for Injunctive Relief Without Prejudice by DMO Methuen, LLC.(Harris, Paul) |
| Filing 14 Electronic Clerk's Notes for proceedings held before Judge George A. OToole, Jr: Hearing held on 4/13/2023. #2 Motion to Seal Case- DENIED; #6 Motion for Preliminary Injunction - NO ACTION TAKEN; pltff expected to file an assented to motion for preliminary injunction and a motion to remand. (Court Reporter: Kathleen Silva at kathysilva@verizon.net.)(Attorneys present: Harris for the pltff; Stutls and Gansborg for the defts) (Lovett, Jarrett) |
| Filing 13 FCA US LLCS Opposition re #6 Emergency MOTION for Preliminary Injunction filed by FCA US, LLC. (Attachments: #1 Declaration of Blake A. Gansborg, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N). (de Oliveira, Flaviana) |
| Filing 12 Judge George A. OToole, Jr: ELECTRONIC ORDER entered GRANTING #10 Motion for Leave to Appear Pro Hac Vice Added Blake A. Gansborg. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (de Oliveira, Flaviana) |
| Filing 11 Filing fee/payment: $ 125.00, receipt number 100002794 for #10 MOTION for Leave to Appear Pro Hac Vice for admission of Blake A. Gansborg. (de Oliveira, Flaviana) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice for admission of Blake A. Gansborg by FCA US, LLC. (Attachments: #1 Certification of Blake A. Gansborg in support of Motion). (de Oliveira, Flaviana) |
| Filing 9 ELECTRONIC NOTICE of Hearing.Initial Case Conference Hearing set for 4/13/2023 03:00 PM in Courtroom 22 (In person only) before Judge George A. O'Toole Jr.. (Fleming, John) |
| Filing 8 Judge George A. OToole, Jr: ELECTRONIC ORDER entered. Any response to #6 Emergency Motion for Preliminary Injunction is to be filed no later than 04:00 PM on 4/11/2023. (de Oliveira, Flaviana) |
| Filing 7 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Currie, Haley) |
| Filing 6 EMERGENCY MOTION for Preliminary Injunction Pursuant to M.G.L. C. 93B, 5(g), M.R.C.P. Rule 65 and Superior Court Rule 9A(d) by FCA US, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B - Proposed Order)(Currie, Haley) |
| Filing 5 Filing fee/payment: $ 402.00, receipt number 100002778 for #1 Notice of Removal (Currie, Haley) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge George A. OToole, Jr assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by FCA US, LLC (Currie, Haley) |
| Filing 2 MOTION to Seal Case (Memorandum Incorporated) by FCA US, LLC. (Attachments: #1 Exhibit A)(Currie, Haley) |
| Filing 1 NOTICE OF REMOVAL by FCA US, LLC from Essex County Superior Court, case number 2337CV00322. (Attachments: #1 Civil Cover Sheet and Category Form, #2 Addendum to Category Form, #3 Exhibit 1 to Category Addendum, #4 Exhibit 2 to Category Addendum, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J)(Currie, Haley) |
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