Maslott v. The Shyft Group, Inc. et al
| Ms. Alison R Maslott and Alison R. Maslott |
| Ford Motor Company, Mr. Christphr L Amandola, Nicholas Amandola, Chrstphr L. Amandola, Christopher Amandola, The Shyft Group, Inc d/b/a Utilimaster, Spartan Motors LTD and Spartan Motors INC |
| 2:2021cv06408 |
| November 18, 2021 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Lee G Dunst |
| Nina Morrison |
| Steven Tiscione |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| Plaintiff |
Docket Report
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms, and must be signed by all participants, including the mediator. The signed confidentiality stipulation must be uploaded via the Courts website here: https://edny.app.box.com/f/1fabaa0a170b4fd293704738238fd876. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (DS) |
Filing 29
Minute Entry for proceedings held on 11/28/2022 before Magistrate Judge Lee G. Dunst: Civil Cause for Initial Conference. Counsel for Plaintiff: David C. Grossman. Counsel for Defendant: Thomas Lurie, Jr. FTR #: 11:21-11:37. Case called. Counsel for all sides present. Pursuant to #14 Amended Complaint, Ford Motor Company should have been removed from the docket as of 8/12/2022. The Clerk of the Court is directed to terminate Ford Motor Company in its entirety and to amend the caption to Maslott v. The Shyft Group, Inc. et al. THe Court GRANTED the proposed scheduling order in DE #28 . The Court will hold a Status Conference on 6/7/2023 at 11:00AM in Courtroom 830 of the U.S. District Court EDNY. Long Island Courthouse, located at 100 Federal Plaza, Central Islip, New York. Further, this case is referred to the EDNY Mediation Panel. For assistance with any questions about the mediation process or the selection of a mediator, counsel are invited to contact the EDNY ADR Administrator at (718) 613-2578. Selection of Mediator due by 4/4/2023. Mediation shall be completed by 5/15/2023. The parties are directed to file a joint status report by 5/31/2023. SO ORDERED by Magistrate Judge Lee G. Dunst on 11/28/2022. (CT)
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| Case Reassigned to Judge Nina Morrison. Chief Judge Margo K. Brodie no longer assigned to the case. 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. (BBM) |
| Filing 28 Proposed Scheduling Order Proposed Discovery Plan/Scheduling Order by Spartan Motors INC, Spartan Motors LTD, The Shyft Group, Inc d/b/a Utilimaster (Lurie, Thomas) |
| Filing 27 NOTICE of Appearance by David C. Grossman on behalf of Alison R. Maslott (aty to be noticed) (Grossman, David) |
| Filing 26 NOTICE of Appearance by Robert Martin Kerrigan on behalf of Alison R. Maslott (notification declined or already on case) (Kerrigan, Robert) |
| Filing 25 NOTICE of Appearance by Thomas Lurie, Jr on behalf of Spartan Motors INC, Spartan Motors LTD, The Shyft Group, Inc d/b/a Utilimaster (aty to be noticed) (Lurie, Thomas) |
| Filing 24 NOTICE of Appearance by Thomas P Branigan on behalf of Spartan Motors INC, Spartan Motors LTD, The Shyft Group, Inc d/b/a Utilimaster (aty to be noticed) (Branigan, Thomas) |
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ORDER granting #23 Motion for Leave to Appear Pro Hac Vice. Having reviewed the application #23 submitted by Thomas N. Lurie for Defendant The Shyft Group, Inc. d/b/a Utilimaster and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. The attorney 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. SO Ordered by Magistrate Judge Lee G. Dunst on 11/2/2022. (CT)
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ORDER granting #21 Motion for Leave to Appear Pro Hac Vice. Having reviewed the application #21 submitted by Thomas P. Branigan for Defendant The Shyft Group, Inc. d/b/a Utilimaster and found it to be in compliance with the local rules concerning attorney admissions, the application is approved. If not already done, the attorney 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. SO Ordered by Magistrate Judge Lee G. Dunst on 11/2/2022. (CT)
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| Filing 23 MOTION to Appear Pro Hac Vice by Thomas N. Lurie Filing fee $ 150, receipt number ANYEDC-16096777. by Spartan Motors INC, Spartan Motors LTD, The Shyft Group, Inc d/b/a Utilimaster. (Attachments: #1 Affidavit in Support Affidavit, #2 Exhibit Certificate of Good Standing) (Lurie, Thomas) |
| Filing 22 MOTION for Refund of Fees Paid Electronically in duplicate by The Shyft Group, Inc d/b/a Utilimaster. (Branigan, Thomas) |
| Filing 21 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16096216. by The Shyft Group, Inc d/b/a Utilimaster. (Attachments: #1 Affidavit ISO of Motion to Admit Counsel PHV, #2 Cert of Good Standing - MI, #3 Cert of Good Standing - OH, #4 Cert of Good Standing - IL) (Branigan, Thomas) |
| Filing 20 Corporate Disclosure Statement by Spartan Motors INC, Spartan Motors LTD, The Shyft Group, Inc d/b/a Utilimaster (Fazio, Peter) |
| Filing 19 ANSWER to #14 Amended Complaint, by Spartan Motors INC, Spartan Motors LTD, The Shyft Group, Inc d/b/a Utilimaster. (Fazio, Peter) |
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SCHEDULING ORDER: The Court will hold an Initial Conference on 11/28/2022 at 11:00AM in Courtroom 830 of the U.S. District Court E.D.N.Y. Long Island Courthouse, located at 100 Federal Plaza, Central Islip, New York. The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website, and submit a proposed discovery plan/scheduling order at least five business days prior to the Initial Conference pursuant to Judge Dunst's Individual Practice Rule IV.A.1. SO Ordered by Magistrate Judge Lee G. Dunst on 10/13/2022. (CT)
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| Filing 18 STATUS REPORT by Alison R. Maslott (Kerrigan, Robert) |
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ORDER: Plaintiff is directed to provide the Court with an update by 10/14/2022 on the status of remaining claims in this case, including those against the Defendants in the Amended Complaint at DE #14 . SO Ordered by Magistrate Judge Lee G. Dunst on 10/7/2022. (CT)
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| Filing 17 STIPULATION of Partial discontinuance as to Ford Motor Company Only by Alison R. Maslott (Kerrigan, Robert) |
| Filing 16 SUMMONS Returned Executed by Alison R. Maslott. Spartan Motors INC served on 8/24/2022, answer due 9/14/2022; Spartan Motors LTD served on 8/24/2022, answer due 9/14/2022; The Shyft Group, Inc d/b/a Utilimaster served on 8/23/2022, answer due 9/13/2022. (Attachments: #1 Affidavit of Service Affidavit of Service - Spartan Motors INC, #2 Affidavit of Service Affidavit of Service- Spartan Motors, LTD, #3 Affidavit of Service Affidavit of Service - SOS The Shyft Group, #4 Affidavit of Service Affidavit of Service - SOS Spartan Motors, INC, #5 Affidavit of Service Affidavit of Service- SOS Spartan Motors, LTD) (Kerrigan, Robert) |
| Filing 15 Summons Issued as to Spartan Motors INC, Spartan Motors LTD, The Shyft Group, Inc d/b/a Utilimaster. (Piper, Francine) |
| Filing 14 AMENDED COMPLAINT against The Shyft Group, Inc d/b/a Utilimaster, Spartan Motors LTD, Spartan Motors INC, filed by Alison R. Maslott. (Attachments: #1 Proposed Summons Proposed Summons, #2 Civil Cover Sheet Civil Cover Sheet) (Kerrigan, Robert) |
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ORDER re #13 Letter: The schedule proposed in #13 is granted. Plaintiff shall file an amended complaint by 8/12/2022. Ford Motor Company may produce the anticipated declaration by 7/8/2022; should counsel for Ford Motor Company fail to produce the anticipated declaration by 7/8/2022, the parties shall advise the Court and propose a briefing schedule for any motion to dismiss by 7/15/2022. SO Ordered by Magistrate Judge Lee G. Dunst on 7/1/2022. (Tirado, Chelsea)
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| Filing 13 Letter in response to courts directive by Alison R. Maslott (Kerrigan, Robert) |
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ORDER: In light of the 3/8/2022 Order by Chief Judge Margo K. Brodie (to which the parties never responded), the parties are again DIRECTED to confer and agree to a schedule for Plaintiff to file an amended complaint. If Defendant seeks to dismiss the amended complaint, the parties shall confer and submit a proposed briefing schedule for Defendant's motion. The parties are directed to comply with this order no later than 6/30/22. No extensions of this deadline will be granted an absent a showing of good cause. The Court shall schedule a conference with the parties after receipt of the above-ordered submission. SO Ordered by Magistrate Judge Lee G. Dunst on 6/23/2022. (Tirado, Chelsea)
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| Case Reassigned to Magistrate Judge Lee G. Dunst. Magistrate Judge Steven Tiscione no longer assigned to the case. 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. (Ortiz, Grisel) |
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Order Dismissing Parties Party Nicholas Amandola and Christopher L. Amandola terminated. Ordered by Chief Judge Margo K. Brodie on 3/28/2022. (Valentin, Winnethka)
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| Filing 12 STIPULATION of Dismissal by Chrstphr L. Amandola, Nicholas Amandola (Castronovo, Michael) |
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In light of the anticipated filing of an amended complaint, the initial conference scheduled for March 16th before the undersigned is canceled. So Ordered by Magistrate Judge Steven Tiscione on 3/15/2022. (Vasquez, Lea)
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ORDER denying #10 Motion for Pre-Motion Conference. The Court directs the parties to confer and agree to a schedule for Plaintiff to file an amended complaint. If Defendant seeks to dismiss the amended complaint, the parties shall confer and submit a proposed briefing schedule for Defendant's motion. Ordered by Chief Judge Margo K. Brodie on 3/8/2022. (Bacchi, Joseph)
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| Filing 11 Letter in response to Letter Motion by Alison R. Maslott (Kerrigan, Robert) |
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ORDER re #10 First MOTION for pre motion conference. Plaintiff is directed to respond to Defendant's letter on or before 3/7/2022. Ordered by Chief Judge Margo K. Brodie on 2/28/2022. (Bacchi, Joseph)
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| Filing 10 First MOTION for pre motion conference re #1 Complaint, for a Pre-Motion Conference for Pre-Answer Motion to Dismiss by Ford Motor Company. (Fazio, Peter) |
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Filing 9
SCHEDULING ORDER: An initial conference will be held at 10:00 a.m. on March 16, 2022 before the undersigned by phone. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. The attached Discovery Plan Worksheet is to be completed by counsel and electronically filed with the Court no later than March 14th. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 1/24/2022. (Vasquez, Lea)
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| Filing 8 ANSWER to #1 Complaint, , CROSSCLAIM against Ford Motor Company by Nicholas Amandola, Chrstphr L. Amandola. (Castronovo, Michael) |
| Filing 7 SUMMONS Returned Executed by Alison R. Maslott. All Defendants. (Attachments: #1 Affidavit of Service, #2 Affidavit of Service) (Kerrigan, Robert) |
| Incorrect Case/Document/Entry Information. As indicated on screen when filing, the correct event to use for filing proof of service of a Summons and Complaint is Summons Returned Executed. Please use the appropriate event to refile your document(s). (Piper, Francine) |
| Filing 6 AFFIDAVIT of Service for Affidavit of Service served on Ford Motor Company, Chrstphr L. Amandola a/k/a Christopher Amandola and Nicolas Amandola on December 6, 2021 and December 7, 2021, filed by Alison R. Maslott. (Attachments: #1 Affidavit of Service, #2 Affidavit of Service) (Kerrigan, Robert) |
| Filing 5 Summons Issued as to Chrstphr L. Amandola, Nicholas Amandola, Ford Motor Company. (Flanagan, Doreen) |
| Filing 4 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. (Flanagan, Doreen) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Case Assigned to Chief Judge Margo K. Brodie and Magistrate Judge Steven Tiscione. 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. (Flanagan, Doreen) |
| Filing 2 Civil Cover Sheet.. by Alison R. Maslott (Kerrigan, Robert) Modified on 11/22/2021 (Flanagan, Doreen). |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Specifically, Page 2 of the Civil Cover Sheet is missing. Please resubmit a corrected Civil Cover Sheet. This event can be found under the event Other Filings - Other Documents - Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15042222 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Alison R Maslott. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons) (Kerrigan, Robert) |
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