Fischer v. General Motors Company
| John Fischer |
| General Motors Company |
| 2:2024cv04134 |
| June 11, 2024 |
| US District Court for the Eastern District of New York |
| James M Wicks |
| Contract: Other |
| 15 U.S.C. ยง 2301 Magnuson-Moss Warranty Act |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 10 NOTICE DESIGNATING CASE TO ARBITRATION and NOTICE OF ARBITRATION HEARING The Arbitration hearing is scheduled to be held on : November 7, 2024 at 10:00 a.m.The deadline to select an arbitrator and schedule a pre-arbitration conference with the arbitrator is September 13, 2024Counsel shall select an Arbitrator from the Courts Panel of Arbitrators and submit a fully executed Stipulation for Selection of Arbitrator to the ADR Coordinator noting the date of the pre-hearing conference. The Stipulation for Selection of Arbitrator can be found here: https://www.nyed.uscourts.gov/sites/default/files/forms/Selection%20of% 20Arbitrator%20Form.pdfCounsel, please do not enter the Stipulation for Selection of Arbitrator on the docket. Counsel will return the fully executed Stipulation to the ADR Coordinator, Rita Credle at: Rita_credle@nyed.uscourts.gov. (RC) |
ORDER. The parties are directed to file a Joint Status Report, advising the Court on the status of the arbitration proceeding, on or before August 16, 2024. So Ordered by Magistrate Judge James M. Wicks on 7/16/2024. (DN)
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| Filing 9 ANSWER to #1 Complaint, with Affirmative Defenses by General Motors Company. (Grey, Francis) |
| Filing 8 Corporate Disclosure Statement by General Motors Company identifying Corporate Parent General Motors Company for General Motors Company. (Grey, Francis) |
| Filing 6 SUMMONS Returned Executed by John Fischer. General Motors Company served on 7/3/2024, answer due 7/24/2024. (Hirnyk, Vlad) |
| Filing 5 NOTICE DESIGNATING CASE TO ARBITRATION: This case has been designated to participate in the non-binding Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7: https://img.nyed.uscourts.gov/files/local_rules/localrules.pdf The Rule requires the Clerk of Court to designate and process for compulsory arbitration "all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs." Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7. An Arbitration Hearing will be scheduled after an Answer is filed. (RC) |
| CASE REFERRED to Arbitration. (RC) |
| Filing 4 Summons Issued as to General Motors Company. (LJ) |
| Filing 3 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 1 COMPLAINT against General Motors Company filing fee $ 405, receipt number ANYEDC-17964146 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by John Fischer. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Hirnyk, Vlad) |
| Case Assigned to Magistrate Judge James M. Wicks. 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) |
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| Defendant: General Motors Company | |
| Represented By: | Francis J Grey, Jr |
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| Plaintiff: John Fischer | |
| Represented By: | Vlad Hirnyk |
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