Plante Consulting LLC, d/b/a Premier Ford of Bay Ridge v. Ford Motor Company
| Plante Consulting LLC, d/b/a Premier Ford of Bay Ridge |
| Ford Motor Company |
| 1:2023cv02475 |
| March 31, 2023 |
| US District Court for the Eastern District of New York |
| Kiyo A Matsumoto |
| Taryn A Merkl |
| Contract:Franchise |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 10, 2024. A more recent docket listing may be available from PACER.
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 8/4/2023. Appearances: Charles Gallaer and Russell McRory for Plaintiff; Peter Fazio and Elizabeth McNellie for Defendant.The Court and the parties discussed Defendant's anticipated motion to dismiss for lack of standing. Based on Defendant's position, the Court set the following briefing schedule: Defendant's motion will be served, but not filed, on Plaintiff by September 5, 2023; Plaintiff's opposition will be served, but not filed, on Defendant by October 13, 2023; Defendant's reply will be served on Plaintiff by October 27, 2023. On October 27, 2023, the parties shall (1) file all motion papers on ECF in logical order, and (2) must deliver TWO SETS of bound courtesy copies of ALL motion papers to the undersigned's Chambers. Parties were advised that, in light of this generous briefing schedule, they shall not request any adjournments of the schedule from the Court.Parties were also strongly encouraged to consider consenting to Magistrate Judge Merkl's jurisdiction in this action for all purposes. Parties may do so by filing a Form AO-85 "Notice, Consent and Reference of a Civil Action to a Magistrate Judge," available at http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. (Court Reporter Rivka Teich.) (ML) Modified on 8/7/2023 (JT).
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ORDER granting #15 Motion for Pre Motion Conference. Pre Motion Hearing set for Friday 08/04/2023 at 10:00 AM in Courtroom 6B South before Judge Kiyo A. Matsumoto. The parties shall appear by telephone. The parties shall dial into the conference by calling 1-888-684-8852 and entering the following access code: 1312089. Ordered by Judge Kiyo A. Matsumoto on 7/31/2023. (ML)
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Filing 16
Letter in Response to Pre-Motion Letter by Plante Consulting LLC, d/b/a Premier Ford of Bay Ridge (McRory, Russell)
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Filing 15
MOTION for pre motion conference regarding Motion to Dismiss Complaint by Ford Motor Company. (McNellie, Elizabeth)
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Minute Entry and Order: A telephonic Initial Conference was held on 7/17/2023 before Magistrate Judge Taryn A. Merkl. Appearances by Charles Gallaer for Plaintiff; Elizabeth McNellie and Peter Fazio for Defendant. Discussion held regarding Defendant's anticipated motion to dismiss the complaint for lack of Article III standing, and whether the Court has subject matter jurisdiction. In light of the jurisdictional issues raised, the Court declined to set a full case discovery schedule at this juncture. The parties agreed to exchange any discovery relevant to the anticipated motion practice if needed. Defendant shall file its pre-motion conference letter, in compliance with the Individual Rules of the Honorable Kiyo A. Matsumoto, by 7/25/2023. Plaintiff shall respond in accordance with Judge Matsumoto's Individual Rules. The parties are directed to file a joint status report by 10/13/2023, including an update as to case status. Should the parties be prepared for a referral to mediation or a settlement conference before the Court, they may submit a joint letter motion via ECF at any time. Ordered by Magistrate Judge Taryn A. Merkl on 7/17/2023. (AT&T Log #10:05-10:20.) (JF)
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Filing 14
CASE MANAGEMENT STATEMENT (Gallaer, Charles)
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Filing 13
NOTICE of Appearance by Charles Andrew Gallaer on behalf of Plante Consulting LLC, d/b/a Premier Ford of Bay Ridge (aty to be noticed) (Gallaer, Charles)
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Filing 12
NOTICE of Appearance by Elizabeth A McNellie on behalf of Ford Motor Company (notification declined or already on case) (McNellie, Elizabeth)
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ORDER: The Motion of Elizabeth A. McNellie for Leave to Appear Pro Hac Vice ( #11 ) is granted. The attorney shall register for ECF, if needed; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that the attorney receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Taryn A. Merkl on 6/22/2023. (JF)
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Filing 11
Notice of MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16817698 by Ford Motor Company. (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing) (McNellie, Elizabeth)
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Filing 10
SCHEDULING ORDER: A telephonic Initial Conference will be held on 7/17/2023 at 10:00 a.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the attached Case Management Worksheet and electronically file same with the Court no later than 7/10/2023. Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Ordered by Magistrate Judge Taryn A. Merkl on 6/6/2023. (KC)
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Filing 9
ANSWER to #1 Complaint, by Ford Motor Company. (Fazio, Peter)
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Filing 8
Corporate Disclosure Statement by Ford Motor Company identifying Corporate Parent Ford Motor Company for Ford Motor Company. (Fazio, Peter)
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ORDER: Motion for Extension of Time to File ( #7 ) is granted, on consent. Defendant shall answer, move, or otherwise respond to the complaint by 6/6/2023. So Ordered by Magistrate Judge Taryn A. Merkl on 5/2/2023. (JF)
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Filing 7
First MOTION for Extension of Time to File Response/Reply as to #1 Complaint, Letter Request for Extension of Time to Respond to the Complaint by Ford Motor Company. (Fazio, Peter)
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Filing 6
SUMMONS Returned Executed by Plante Consulting LLC, d/b/a Premier Ford of Bay Ridge. Ford Motor Company served on 4/13/2023, answer due 5/4/2023. (McRory, Russell)
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Filing 5
Summons Issued as to Ford Motor Company. (JT)
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Filing 4
Proposed Summons. Re #1 Complaint, by Plante Consulting LLC, d/b/a Premier Ford of Bay Ridge (Sexton, Daisy)
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Filing 3
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR)
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Filing 2
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. (SR)
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Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Taryn A. Merkl. 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. (SR)
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Filing 1
COMPLAINT against Ford Motor Company filing fee $ 402, receipt number ANYEDC-16555465 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Plante Consulting LLC, d/b/a Premier Ford of Bay Ridge. (Attachments: #1 Civil Cover Sheet) (McRory, Russell)
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