Plaza Hyundai, Ltd. v. Hyundai Motor America Corporation
Plaintiff: Plaza Hyundai, Ltd.
Defendant: Hyundai Motor America Corporation
Case Number: 1:2022cv03818
Filed: June 29, 2022
Court: US District Court for the Eastern District of New York
Presiding Judge: James R Cho
Referring Judge: Eric R Komitee
Nature of Suit: Contract:Franchise
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 17, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 17, 2022 Filing 14 NOTICE of Appearance by Brian Farkas on behalf of Plaza Hyundai, Ltd. (aty to be noticed) (Farkas, Brian)
August 5, 2022 Filing 13 NOTICE of Appearance by Kevin M. D'Olivo on behalf of Hyundai Motor America Corporation (notification declined or already on case) (D'Olivo, Kevin)
August 5, 2022 Filing 12 MOTION to Appear Pro Hac Vice of Kevin M. D'Olivo Filing fee $ 150, receipt number ANYEDC-15817158. by Hyundai Motor America Corporation. (Attachments: #1 Affidavit of Kevin M. D'Olivo, #2 Certificate of Good Standing, #3 Proposed Order) (D'Olivo, Kevin)
August 5, 2022 Opinion or Order ORDER granting #12 Motion for Leave to Appear Pro Hac Vice. Attorney Kevin M. D'Olivo shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge James R. Cho on 8/5/2022. (Gillespie-Cardo, Saudia)
August 2, 2022 Filing 11 NOTICE of Appearance by David Alan Yearwood on behalf of Plaza Hyundai, Ltd. (aty to be noticed) (Yearwood, David)
August 2, 2022 Minute Entry for Initial Conference proceedings held on 8/2/2022 before Magistrate Judge James R. Cho. Appearances by Charles Andrew Gallaer and David Yearwood for plaintiff; John J. Sullivan for defendant. Case discussed. The Court entered the following pretrial schedule: parties to exchange automatic disclosures by 8/16/2022; no amendment of the pleadings permitted after 2/24/2023; no joinder of additional parties permitted after 11/30/2022; and parties to complete fact discovery by 7/28/2023. Parties anticipate retaining experts. The Court will enter an expert discovery schedule near the end of fact discovery.Given the ongoing business relationship between the parties, the Court encouraged the parties to consider an early resolution of this case. Telephonic status conference scheduled for 11/7/2022 at 11 a.m. before Magistrate Judge James R. Cho. The parties are directed to call toll free (888) 808-6929 and use access code 106-5334. Parties should come prepared to inform the Court whether they would like a referral to Court-annexed mediation or a settlement conference. (AT&T Conference Bridge.) (Gillespie-Cardo, Saudia)
July 29, 2022 Filing 10 Proposed Scheduling Order by Hyundai Motor America Corporation (Sullivan, John)
July 20, 2022 Opinion or Order Filing 9 SCHEDULING ORDER: A Telephonic Initial Conference will be held on 8/2/2022 at 11:30 a.m. before Magistrate Judge James R. Cho. Counsel for all parties must participate. Counsel for defendant is directed to immediately confirm this conference date and time with plaintiff's counsel. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 7/29/2022. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 7/20/2022. (Attachments: #1 Chamber's Individual Rules) (Gillespie-Cardo, Saudia)
July 20, 2022 Filing 8 ANSWER to Complaint by Hyundai Motor America Corporation. (Sullivan, John)
July 11, 2022 Filing 7 NOTICE of Appearance by Michael P. McMahan on behalf of Plaza Hyundai, Ltd. (aty to be noticed) (McMahan, Michael)
July 11, 2022 Filing 6 NOTICE of Appearance by Charles Andrew Gallaer on behalf of Plaza Hyundai, Ltd. (aty to be noticed) (Gallaer, Charles)
July 2, 2022 Opinion or Order ORDER granting #5 Motion for Extension of Time to File. Defendant shall answer, plead or otherwise respond to the complaint by July 20, 2022. Ordered by Magistrate Judge James R. Cho on 7/2/2022. (Cho, James)
July 1, 2022 Filing 5 Letter MOTION for Extension of Time to File Answer or another responsive pleading to the Complaint by Hyundai Motor America Corporation. (Sullivan, John)
June 29, 2022 Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
June 29, 2022 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)
June 29, 2022 Filing 2 Corporate Disclosure Statement by Hyundai Motor America Corporation identifying Corporate Parent Hyundai Motor Company for Hyundai Motor America Corporation. (Sullivan, John)
June 29, 2022 Filing 1 NOTICE OF REMOVAL by Hyundai Motor America Corporation from Supreme Court, Kings County, case number 516239/2022. ( Filing fee $ 402 receipt number ANYEDC-15703803) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Summons and Complaint) (Sullivan, John)
June 29, 2022 This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla)
June 29, 2022 Case Assigned to Judge Eric R. Komitee and Magistrate Judge James R. Cho. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

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Plaintiff: Plaza Hyundai, Ltd.
Represented By: Russell Pries McRory
Represented By: Charles Andrew Gallaer
Represented By: Michael P. McMahan
Represented By: Brian Farkas
Represented By: David Alan Yearwood
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Defendant: Hyundai Motor America Corporation
Represented By: John J. Sullivan
Represented By: Kevin M. D'Olivo
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