Shakopee Chevrolet Inc. v. General Motors LLC
| Shakopee Chevrolet Inc. |
| General Motors LLC |
| 0:2022cv02264 |
| September 16, 2022 |
| US District Court for the District of Minnesota |
| Dulce J Foster |
| John R Tunheim |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 12
ORDER in case 0:20-cv-02366-JRT-DJF; granting (9) Motion to Consolidate Cases. (Written Opinion) Signed by Magistrate Judge Dulce J. Foster on 10/28/2022. (Attachments: #1 Rule 26(f) Report Template) Associated Cases: 0:22-cv-02264-JRT-DJF, 0:20-cv-02366-JRT-DJF(MEH)
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Filing 11
ORDER REASSIGNING CASE. Case reassigned to Judge John R. Tunheim and Magistrate Judge Dulce J. Foster for all further proceedings. Judge Paul A. Magnuson, Magistrate Judge Leo I. Brisbois no longer assigned to case. NOTE: the new case number is 22-cv-2366 (JRT/DJF). Please use this case number for all subsequent pleadings. Signed by Judge John R. Tunheim on 10/24/2022 and Judge Paul A. Magnuson on 10/24/2022. (KNK)
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| Filing 10 PROPOSED ORDER TO JUDGE re #9 MOTION to Consolidate Cases filed by Shakopee Chevrolet Inc..(Thom, Aaron) |
| Filing 9 MOTION to Consolidate Cases filed by Shakopee Chevrolet Inc.. (Thom, Aaron) |
| Filing 8 AFFIDAVIT of Service by Shakopee Chevrolet Inc. re #1 Complaint, (Thom, Aaron) |
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Filing 7
(Text-Only) ORDER - The undersigned issued an Order (Docket No. #5 ) on September 28, 2022, in the matter of Shakopee Chevrolet, Inc., vs. General Motors, LLC, 22-cv-2264 (PAM/LIB). That Order directed the Plaintiff to timely address the fact that its Complaint lacked a sufficient basis to conclude that there was complete diversity between the parties in the 22-cv-2264 (PAM/LIB) case because the operative pleadings therein did not identify all the members of the Defendant LLC nor the residency of all the members of the Defendant LLC. If even a single member of the Defendant LLC was a resident of the same state as Plaintiff (here that being Minnesota), then there would not be complete diversity, and accordingly no basis for this Court to have subject matter jurisdiction over the claims in this case. On October 3, 2022, the undersigned received a letter from Plaintiff's counsel (Docket No. #6 , in 22-cv-2264 (PAM/LIB); and Docket No. 45 , in 20-cv-2366 (JRT/DJF)) which, in responding to the Order (Docket No. #5 ) in 22-cv-2264 (PAM/LIB), he ostensibly incorporated by reference the Notice of Removal (Docket No. #1 ) docketed in the related case of Shakopee Chevrolet, Inc., vs General Motors, LLC, 20-cv-2366 (JRT/DJF). The undersigned has reviewed the Notice of Removal in 20-cv-2366 (JRT/DJF), and will take judicial notice of the content of that filing (Docket No. #1 , paras. II.7 and II.8) to find that there has been a sufficient showing by Plaintiff that complete diversity exists in the 22-cv-2264 (PAM/LIB) case. Accordingly, the undersigned's Order (Docket No. #5 ) in 22-cv-2264 (PAM/LIB), has been satisfied. However, in the letter by Plaintiff's counsel, he also requests that the undersigned reassign 22-cv-2264 (PAM/LIB) to the District Judge and Magistrate Judge handling 20-cv-2366 (JRT/DJF) and consolidate them for all purposes. A reassignment of cases among District Judges cannot be accomplished on the basis of an informal request in a letter; moreover, a reassignment of cases among District Judges requires a formal motion directed to the attention of the presiding District Judges. Accordingly, the undersigned takes no action on the mere letter request of Plaintiff's counsel that 22-cv-2264 (PAM/LIB) be reassigned to and consolidated under the District Judge and Magistrate Judge assigned to 20-cv-2366 (JRT/DJF). Ordered by Magistrate Judge Leo I. Brisbois on 10/14/2022.(JLB)
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| Filing 6 LETTER TO MAGISTRATE JUDGE by Shakopee Chevrolet Inc. . (Thom, Aaron) |
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Filing 5
ORDER - 1. As soon as possible and in any event by no later than thirty (30) days from the date of this Order, Plaintiff shall file on CM/ECF a brief letter showing cause as to why this matter should not be dismissed for lack of subject matter jurisdiction; and 2. If Plaintiff fails to comply with this Courts directive, it will be recommended that this action be dismissed without prejudice. Signed by Magistrate Judge Leo I. Brisbois on 9/28/2022.(JLB)
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Filing 4
ORDER in re Dispositive Motion Practice in cases assigned to The Hon. Paul A. Magnuson. (LLM)
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| Filing 3 Summons Issued as to General Motors LLC. (KNK) |
| Filing 2 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Paul A. Magnuson per 3rd, 4th - Master list, referred to Magistrate Judge Leo I. Brisbois. Please use case number 22-cv-2264 (PAM/LIB).Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (KNK) |
| Filing 1 COMPLAINT against General Motors LLC (filing fee $ 402, receipt number BMNDC-9766067) filed by Shakopee Chevrolet Inc.. Filer requests summons issued. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Civil Cover Sheet) (Thom, Aaron) |
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| Plaintiff: Shakopee Chevrolet Inc. | |
| Represented By: | Aaron R Thom |
| Represented By: | Samantha Ellingson |
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| Defendant: General Motors LLC | |
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