Chiarelli v. Nissan North America, Inc. et al
| All Plaintiffs, Vincent Chiarelli, Philip Dragonetti, Michele Maszon, Todd Maszon, Chris Santimauro and Chiarelli |
| All Defendants, Nissan Motor Co., Ltd., Nissan North America, Inc. and Nissan North America, Inc |
| 1:2014cv04327 |
| July 16, 2014 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Nicholas G Garaufis |
| Viktor V Pohorelsky |
| Contract Product Liability |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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| Filing 19 Letter dated February 26, 2015 in response to Magistrate Pohorelsky's Order dated February 3, 2015, by Nissan North America, Inc. (Attachments: # 1 Certificate of Service) (Kim, Soo) |
Filing 18
ORDER denying # 17 Motion for Protective Order. Ordered by Magistrate Judge Viktor V. Pohorelsky on 2/3/2015. (Toritto, Jim)
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| Filing 17 Letter Submission of Protective Order for Court Approval by Nissan North America, Inc. (Attachments: # 1 Exhibit Proposed Protective Order, # 2 Certificate of Service) (Kim, Soo) |
| Filing 16 REPLY to Response to Motion re # 14 First Motion to Dismiss for Failure to State a Claim Pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure , RESPONSE in Opposition re # 14 First Motion to Dismiss for Failure to State a Claim Pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure filed by Nissan North America, Inc.. (Attachments: # 1 Certificate of Service) (Kim, Soo) |
| Filing 15 MEMORANDUM in Opposition re # 14 First Motion to Dismiss for Failure to State a Claim Pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure filed by All Plaintiffs. (Attachments: # 1 Certificate of Service) (Graifman, Gary) |
| Filing 14 First Motion to Dismiss for Failure to State a Claim Pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure by Nissan North America, Inc.. (Attachments: # 1 Affidavit in Support of David M. Covey, Esq., # 2 Exhibit A - 2004 Nissan New Vehicle Limited Warranty, # 3 Exhibit B - 2005 Nissan New Vehicle Limited Warranty, # 4 Exhibit C - 2006 Nissan New Vehicle Limited Warranty, # 5 Exhibit D - 2007 Nissan New Vehicle Limited Warranty, # 6 Exhibit E - 2008 Nissan New Vehicle Limited Warranty, # 7 Exhibit F - 2009 Nissan New Vehicle Limited Warranty, # 8 Exhibit G - 2010 Nissan New Vehicle Limited Warranty, # 9 Proposed Order, # 10 Certificate of Service, # 11 Memorandum of Law in Support of Defendant Nissan North America, Inc.'s Motion to Dismiss for Failure to State a Cause of Action Pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure, # 12 Certificate of Service) (Kim, Soo) |
| Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Pre-Motion Conference held on 10/23/2014. (1) On Plaintiffs' consent, Defendant's request for an expansion of pages was GRANTED. (2) The court ORDERED the following briefing schedule: Defendant shall serve its motion to dismiss, which shall be no longer than 45 pages, by October 28, 2014; Plaintiffs shall serve their response, which shall be no longer than 45 pages, by December 2, 2014; Defendant shall serve its reply, if any, which shall be no longer than 25 pages, by December 18, 2014; and Defendant shall file the fully-briefed motion that same day. (3) The court respectfully advises Magistrate Judge Viktor V. Pohorelsky that discovery was stayed until the motion to dismiss is resolved, subject to Defendant's agreement to provide Plaintiffs with discovery from a related out-of-state matter. (4) The parties are directed to provide Magistrate Judge Pohorelsky with a protective order for the out-of-state discovery for his approval. (Court Reporter Fred Guerino.) (Izant, Jeffrey) |
| Email Notification Test for E. Paul Cauley - DO NOT REPLY. (Barrett, C) |
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Filing 13
Stipulation and Order Dismissing Parties Party Nissan Motor Co., Ltd. terminated.. Ordered by Judge Nicholas G. Garaufis on 9/18/2014. (Marziliano, August)
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ORDER GRANTING # 11 Motion for Pre Motion Conference and Extension of Time to Answer. The parties are instructed to confer and contact the court's Deputy at 718-613-2545 to schedule the pre-motion conference. Defendant's deadline to answer the Amended Complaint is extended until fourteen (14) days following the entry of the order deciding Defendant's anticipated dispositive motion. Ordered by Judge Nicholas G. Garaufis on 9/19/2014. (Izant, Jeffrey)
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| Filing 12 STIPULATION of Dismissal without prejudice of Nissan Motor Co., Ltd. by Nissan Motor Co., Ltd. (Attachments: # 1 Certificate of Service) (Kim, Soo) |
| Filing 11 MOTION for pre motion conference , Second MOTION for Extension of Time to File Answer by Nissan North America, Inc.. (Attachments: # 1 Proposed Briefing Schedule, # 2 Certificate of Service) (Kim, Soo) |
| Filing 10 NOTICE of Appearance by E. Paul Cauley on behalf of Nissan North America, Inc. (notification declined or already on case) (Cauley, E.) |
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ORDER granting # 7 & # 8 motions for E. Paul Cauley and S. Vance Wittie to appear Pro Hac Vice. Counsel shall each register with ECF and file a notice of appearance. Ordered by Magistrate Judge Viktor V. Pohorelsky on 9/17/2014. (Toritto, Jim)
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| Filing 9 Application # 6 for Refund of Fees Paid Electronically is approved.. Ordered by August Marziliano, Deputy Clerk of Court on 9/15/2014. (Marziliano, August) |
| Filing 8 Notice of MOTION for Leave to Appear Pro Hac Vice by S. Vance Wittie, Esq. Filing fee $ 25, receipt number 0207-7197795. by Nissan North America, Inc.. (Attachments: # 1 Affidavit of S. Vance Wittie, Esq., # 2 Exhibit A to Affirmation of S. Vance Wittie, Esq., # 3 Proposed Order, # 4 Certificate of Service) (Kim, Soo) |
| Filing 7 Notice of MOTION for Leave to Appear Pro Hac Vice of E. Paul Cauley, Esq. Filing fee $ 25, receipt number 0207-7197757. by Nissan North America, Inc.. (Attachments: # 1 Affidavit of E. Paul Cauley, Esq., # 2 Exhibit A to Affirmation of E. Paul Cauley, Esq., # 3 Proposed Order, # 4 Certificate of Service) (Kim, Soo) |
| Filing 6 Letter MOTION for Refund of Fees Paid Electronically by Nissan North America, Inc.. (Attachments: # 1 Certificate of Service) (Kim, Soo) |
| Filing 5 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: # 1 Supplemental Summons, # 2 Certificate of Service) (Graifman, Gary) |
| Filing 4 First MOTION for pre motion conference , First MOTION for Extension of Time to File Answer by Nissan North America, Inc.. (Attachments: # 1 Certificate of Service) (Kim, Soo) |
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ORDER granting # 4 Motion for Pre-Motion Conference and Extension of Time to Answer. Defendants' request for a pre-motion conference is GRANTED. The parties shall confer and contact the court's Deputy at 718-613-2545 to schedule a date and time for the conference. Defendants' time to file an answer is extended to 30 days after Plaintiff files the anticipated amended complaint, or to September 22, 2014, whichever is later. Ordered by Judge Nicholas G. Garaufis on 7/23/2014. (Holmes, Jennifer)
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| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 2 DISCLOSURE of Interested Parties by Nissan North America, Inc.. (Kim, Soo) |
| Filing 1 NOTICE OF REMOVAL by Nissan North America, Inc. ( Filing fee $ 400 receipt number 0207-7069110) (Attachments: # 1 Exhibit A - Affidavit of Randy Hutto, # 2 Exhibit B - Stipulation of Wavier of Service of Summons and Complaint and Time for Response, # 3 Exhibit C - Summons and Complaint, # 4 Exhibit D - Notice of Filing Notice of Removal, # 5 Certificate of Service) (Kim, Soo) (Additional attachment(s) added on 7/16/2014: # 6 Civil Cover Sheet) (Bowens, Priscilla). |
| This attorney case opening filing has been checked for quality control. The following corrections were made: Cause of Action corrected, added plaintiffs attorney's, added additional attorney's listed for defendants, added description to plaintiffs party text. (Bowens, Priscilla) |
| Case assigned to Judge Nicholas G. Garaufis and Magistrate Judge Viktor V. Pohorelsky. (Bowens, Priscilla) |
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