Cukierwar v. FCA US LLC
| Louis Cukierwar |
| FCA US LLC |
| 2:2022cv07775 |
| December 21, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Anne Y Shields |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Motor Vehicle Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 17, 2023. A more recent docket listing may be available from PACER.
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ORDER granting #14 Motion for Leave to Appear Pro Hac Vice. 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 he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 2/17/2023. (DM)
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| Filing 14 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16418199. by Louis Cukierwar. (Skrabanek, John) |
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ORDER granting #13 Motion for Leave to Appear Pro Hac Vice. 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 she receives electronic notification of activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 2/15/2023. (DM)
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| Filing 13 Notice of MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16408475. by FCA US LLC. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Alexander, Tiffany) |
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ORDER denying #12 Motion for Leave to Appear Pro Hac Vice. The application is denied without prejudice to renewal for failure to comply with Local Rule 1.3(c) which states that an applicant must submit a "certificate of the court for each of the states in which the applicant is a member of the bar, which has been issued within thirty (30) days of filing...." Some of the certificates provided were issued more than thirty days prior to the filing of the instant application. So Ordered by Magistrate Judge Anne Y. Shields on 2/10/2023. (DM)
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| Filing 12 Notice of MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number CNYEDC-16392891. by FCA US LLC. (Attachments: #1 Affidavit in Support, #2 New York State Certificate of Good Standing, #3 Pennsylvania Certificate of Good Standing, #4 New Jersey Certificate of Good Standing) (Alexander, Tiffany) |
| Filing 11 MOTION to Appear Pro Hac Vice for Andrew S. Bullard Filing fee $ 150, receipt number ANYEDC-16386720. by Louis Cukierwar. (Attachments: #1 Proposed Order Proposed Order Granting PHV) (Skrabanek, John) |
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ORDER denying #11 Motion for Leave to Appear Pro Hac Vice. The application is denied without prejudice to renewal for failure to comply with Local Rule 1.3(c) which states that an applicant must submt a "certificate of the court for each of the states in which the applicant is a member of the bar, which has been issued within thirty (30) days of filing...." The certificate provided was issued more than thirty days prior to the filing of the instant application. So Ordered by Magistrate Judge Anne Y. Shields on 2/8/2023. (DM)
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| Filing 10 DECLARATION re Order to Show Cause,,,, in Support of Subject Matter Jurisdiction by Louis Cukierwar (Attachments: #1 Exhibit Declaration of Matthew M. Proudfoot) (Skrabanek, John) |
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ORDER TO SHOW CAUSE. It is not clear from the Complaint that the Court has subject matter jurisdiction over this action. The Complaint indicates that defendant is an LLC, but the Complaint treats defendant as if it were a corporation, which, for purposes of determining citizenship, are analyzed differently than LLCs. See Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012) (holding that the defendant limited liability company takes the citizenship of each of its members); Handelsman v. Bedford Village Associates Ltd. Partnership, 213 F.3d 48 (2d Cir. 2000) (same with respect to limited partnerships). Plaintiff is ORDERED TO SHOW CAUSE, in writing, by January 30, 2023, why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiff's response must include an identification of each member of the defendant LLC and sufficient facts to draw a conclusion as to each such member's citizenship. Failure to respond to this Order to Show Cause by January 30, 2023 will result in dismissal of this case without prejudice. Ordered by Judge Joan M. Azrack on 1/24/2023. (RT)
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ORDER granting #9 Motion for Leave to Appear Pro Hac Vice. 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 he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 12/28/2022. (DM)
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| Filing 9 MOTION to Appear Pro Hac Vice for Jim Mitchell Filing fee $ 150, receipt number ANYEDC-16259940. by Louis Cukierwar. (Attachments: #1 Proposed Order) (Skrabanek, John) |
| Filing 8 Summons Issued as to FCA US LLC. (GO) |
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Filing 7
ORDER: Initial Conference set for 4/24/2023 at 11:30 AM before Magistrate Judge Anne Y. Shields.The parties are directed to call the AT&TTeleconferencing Center at (877) 810-9415 and to enter Access Code9005911 when prompted. See order and attachment. Ordered by Magistrate Judge Anne Y. Shields on 12/22/2022. (Attachments: #1 AYS Rules) (JT)
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| Filing 6 Request for Refund of Fees Paid Electronically approved by Lisa Florio, Operations Manager, on 12/21/2022. (LF) |
| Filing 5 Proposed Summons. Re #1 Complaint, by Louis Cukierwar (Skrabanek, John) |
| 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. (LJ) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 2 MOTION for Refund of Fees Paid Electronically by Louis Cukierwar. (Attachments: #1 Exhibit Two Filing Fee Receipts) (Skrabanek, John) |
| Filing 1 COMPLAINT against FCA US LLC filing fee $ 402, receipt number ANYEDC-16249387 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Louis Cukierwar. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Skrabanek, John) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge Anne Y. Shields. 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. (LJ) |
| Your proposed summons was not issued for the following reasons: The section that reads "The answer or motion must be served on plaintiff or plaintiff's attorney, whose name and address are:" has not be completed; Further, The CLERK OF COURT name needs to be updated. As of 2/1/2022, Brenna B. Mahoney is the Clerk of Court for the Eastern District of New York. Please correct and resubmit using the event Proposed Summons/Civil Cover Sheet. (LJ) |
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| Plaintiff: Louis Cukierwar | |
| Represented By: | John Robert Skrabanek |
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| Defendant: FCA US LLC | |
| Represented By: | Tiffany M. Alexander |
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