AMG PLUS AUTO, INC. v. CARNATION AUTOBUYERS, INC.
| AMG PLUS AUTO, INC. |
| CARNATION AUTOBUYERS, INC. |
| 1:2024cv09608 |
| October 3, 2024 |
| U.S. District Court for the District of New Jersey |
| Christine P O'Hearn |
| Elizabeth A Pascal |
| Contract: Recovery/Enforcement |
| 28 U.S.C. ยง 1441 Notice of Removal- Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 4, 2024. A more recent docket listing may be available from PACER.
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| ***Civil Case Terminated. (mag) |
| Filing 14 NOTICE of Voluntary Dismissal without Prejudice by AMG PLUS AUTO, INC. (Attachments: #1 Letter to the Honorable Judge Christine P. O'Hearn re Voluntarily Dismissal without Prejudice)(BROKING, TIMOTHY) |
Filing 13
TEXT ORDER: The Court is in receipt of the request for a pre-motion conference filed by Defendant CarNation Autobuyers, Inc., ECF No. 8, and Plaintiff's response thereto, ECF No. 11. Plaintiff shall file a letter no later than November 4, 2024 either responding to Defendant's letter, ECF No. 8, or updating the Court on its communications with the client. So Ordered by Judge Christine P. O'Hearn on 10/24/24. (hem, )
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| Filing 12 NOTICE of Appearance by JOSHUA KELLY on behalf of AMG PLUS AUTO, INC. (KELLY, JOSHUA) (Main Document 12 replaced on 10/21/2024) (sms2). |
| Filing 11 Letter re 10 Order,,,. (BROKING, TIMOTHY) |
| CLERK'S QUALITY CONTROL MESSAGE - The #12 NOTICE of Appearance filed by JOSHUA KELLY on 10/21/2024 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our #website under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (sms2) |
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Filing 10
TEXT ORDER: This matter comes before the Court upon the pre-motion letter filed by Defendant Carnation Autobuyers, Inc. on October 8, 2024. [Docket No. 6]. Plaintiff failed to address Defendant's letter within seven (7) days as required by this Court's Individual Rules and Procedures, available at https://www.njd.uscourts.gov/content/christine-p-ohearn. It is hereby ORDERED that Plaintiff shall show cause before this Court by no later than October 21, 2024 why they have failed to timely respond AND why the relief Defendant seeks in its pre-motion letter should not be granted. If no response is filed, the Court will likely grant Defendant the relief the letter seeks. So Ordered by Judge Christine P. O'Hearn on 10/16/24. (hem, )
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Filing 9
TEXT ORDER: The Court has received the letter of defense counsel (ECF No. 8). The Court will adhere to its usual procedures and, after receipt of a letter from Plaintiff's counsel, will determine whether to hold a pre-motion conference in due course. In the meantime, counsel is directed to review this Court's preferences which clearly states "A party's submission of a pre-motion letter will toll that party's time to file its motion (or answer) through (i) the date of the pre-motion conference or (ii) the Court's decision not to conduct such a conference. If the Court determines that a pre-motion conference would not be helpful and instructs a party to proceed with filing its proposed motion without a conference, that party shall have an additional seven (7) days to file after its Fed. R. Civ. P. 12(a) deadline, unless additional time is stipulated or the Court so orders." (emphasis added). So Ordered by Judge Christine P. O'Hearn on 10/8/24. (hem, )
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| Filing 8 Letter from Richard J. Williams, Jr re 7 Order on Motion to Dismiss/Lack of Jurisdiction,,. (WILLIAMS, RICHARD) |
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Filing 7
TEXT ORDER: This matter comes before the Court upon a Motion to Dismiss filed by Defendant Carnation Autobuyers, Inc. [Docket No. 6]. Pursuant to the Court's Individual Rules and Procedures (https://www.njd.uscourts.gov/content/christine-p-ohearn), "[i]n an effort to resolve cases expeditiously, before bringing a motion to dismiss,... a party must submit a letter" described therein. Defendant having failed to do so, the Motion is hereby ADMINISTRATIVELY TERMINATED pending Defendant's compliance with the Court's Individual Rules and Procedures. So Ordered by Judge Christine P. O'Hearn on 10/8/24. (hem, )
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| Filing 6 MOTION to Dismiss for Lack of Jurisdiction by CARNATION AUTOBUYERS, INC.. (Attachments: #1 Brief, #2 Declaration Declaration of Richard J. Williams, Jr., #3 Declaration Declaration of Joseph Wirtz, #4 Text of Proposed Order)(WILLIAMS, RICHARD) |
| Filing 5 Diversity Disclosure Statement by CARNATION AUTOBUYERS, INC.. (WILLIAMS, RICHARD) |
| Filing 4 Exhibit to #1 Notice of Removal (CIS) by CARNATION AUTOBUYERS, INC.. (WILLIAMS, RICHARD) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1(a)(2), unless the Court orders otherwise, in any action filed or removed to this Court, in which jurisdiction is based upon diversity under 28 U.S.C. 1332(a), a party or intervenor must file a disclosure statement naming and identifying the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. A party, intervenor or proposed intervenor must file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the Court. #Click here to complete the Diversity Disclosure Statement, once complete, file it using the event Diversity Disclosure Statement. (mag) |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Cause of Action, Removal-Other Court Information. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (mag) |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a #Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (mag) |
| Judge Christine P. O'Hearn and Magistrate Judge Elizabeth A. Pascal added. (mmb, ) |
| Filing 3 Corporate Disclosure Statement by CARNATION AUTOBUYERS, INC. identifying None as Corporate Parent.. (WILLIAMS, RICHARD) |
| Filing 2 Exhibit to #1 Notice of Removal by CARNATION AUTOBUYERS, INC.. (WILLIAMS, RICHARD) |
| Filing 1 NOTICE OF REMOVAL by CARNATION AUTOBUYERS, INC. from Superior Court of New Jersey, case number CUM-L-504-24. ( Filing and Admin fee $ 405 receipt number ANJDC-15714290), filed by CARNATION AUTOBUYERS, INC..(WILLIAMS, RICHARD) |
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| Search for this case: AMG PLUS AUTO, INC. v. CARNATION AUTOBUYERS, INC. | |
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| Defendant: CARNATION AUTOBUYERS, INC. | |
| Represented By: | RICHARD J. WILLIAMS, JR. |
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| Plaintiff: AMG PLUS AUTO, INC. | |
| Represented By: | TIMOTHY BROKING |
| Represented By: | JOSHUA KELLY |
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