Kommer v. Ford Motor Company

Kommer v. Ford Motor Company

Plaintiff:	Kommer and Brandon Kommer
Defendant:	Ford Motor Company
Case Number:	1:2017cv00296
Filed:	March 13, 2017
Court:	US District Court for the Northern District of New York
Office:	Albany Office
County:	Saratoga
Presiding Judge:	Lawrence E Kahn
Referring Judge:	Daniel J Stewart
Nature of Suit:	Other Fraud
Cause of Action:	28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on December 23, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
December 23, 2020	Filing 71 TEXT ORDER: The Court hereby adds the following exhibit (Exhibit A), documenting potentially valid opt-out requests, to the Court's December 15, 2020 order approving the proposed class action settlement. Dkt. No. 70. (sas)
December 15, 2020	Filing 70 MEMORANDUM-DECISION AND ORDER approving class action settlement & granting #65 Motion for Attorney Fees. Case is DISMISSED with prejudice. Signed by Senior Judge Lawrence E. Kahn on December 15, 2020. (sas) (Additional attachment(s) added on 12/23/2020: #1 Exhibit(s) Exhibit A) (sas, ).
December 3, 2020	Filing 69 TRANSCRIPT of Proceedings: Fairness Hearing held on 12/02/2020 before Judge Lawrence E. Kahn, IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Notice of Intent to Redact due by 12/8/2020 (sas)
December 2, 2020	Filing 68 Minute Entry for proceedings held before Senior Judge Lawrence E. Kahn: Motion Hearing held via SKYPE on 12/2/2020 re #53 MOTION for Preliminary Approval of Class Action Settlement. Attorney J. Carton presents a prepared statement into the record - outlining the settlement process & history of the case, complimenting his advisory and stating that there have been no objections by any class member to this proposed settlement. Attorney P. Fazio briefly responds to Attorney Cartons statement. There are approximately 3.3 million class members. Judge Kahn presents questions. Mr. Carton will send to Mr. Snyder an order which addressed both the settlement & fee motion. Judge Kahn states that he will review & sign off. Appearances: Attorneys Jeffrey I. Carton, Robert J. Berg & Peter J. Fazio. (Court Reporter L. Tennyson & CRD S. Snyder) (sas)
November 18, 2020	Filing 67 MEMORANDUM OF LAW re #66 Memorandum of Law,, In Support of Plaintiff's Motion for Final Approval of Class Action Settlement filed by Ford Motor Company. (Attachments: #1 Declaration Exhibit A Declaration of Mary Patricia Dwyertr)(Fazio, Peter)
November 18, 2020	Filing 66 MEMORANDUM OF LAW re #58 Order on Motion for Miscellaneous Relief in Support of Plaintiff's Unopposed Motion for Final Approval of Class Action Settlement filed by Brandon Kommer. (Attachments: #1 Declaration Declaration of Jeffrey I. Carton, #2 Exhibit(s) Carton Declaration, Ex. 1, Declaration of Jennifer M. Keough, #3 Exhibit(s) Keough Declaration, Ex. A, Short Form Class Notice, #4 Exhibit(s) Keough Declaration, Ex. B, Long Form Class Notice, #5 Exhibit(s) Keough Declaration, Ex. C, List of Excluded Settlement Class Members, #6 Exhibit(s) Carton Declaration, Ex. 2, Proposed Order for Final Approval of Class Action Settlement)(Carton, Jeffrey)
October 21, 2020	Filing 65 MOTION for Attorney Fees , Reimbursement of Expenses and Payment of an Incentive Award Motion Hearing set for 12/2/2020 10:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 11/16/2020 filed by Brandon Kommer. (Attachments: #1 Declaration Declaration of Jeffrey I. Carton, #2 Exhibit(s) A- Attorney Time Records, #3 Exhibit(s) B - Firm Biography) (Carton, Jeffrey)
October 21, 2020	Set/Reset Deadlines as to #65 MOTION for Attorney Fees, Reimbursement of Expenses and Payment of an Incentive Award. Deadlines adjusted to correspond with Judge Kahn's motion return date calendar. Response to Motion due by 11/18/2020. Motion Hearing is reset for 12/4/2020 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. As a reminder, all of Judge Kahn's motions are considered on the submission of the papers, only. No personal appearances are required. No oral arguments will be entertained (sas)
October 20, 2020	Filing 64 TEXT ORDER: Having reviewed Plaintiff's memorandum of law in support of Plaintiff's motion for attorney's fees, Dkt. No. 63, the Court notes that it exceeds the 25-page limit for memoranda of law. See L.R. 7.1(a)(1). By October 23, 2020, Plaintiff's counsel is directed to either: (1) file an amended memorandum in compliance with the Local Rules of Practice; or (2) file a letter motion explaining why they filed a memorandum in excess of the page limitation without first seeking the Court's leave as required by Local Rule 7.1(a)(1). Signed by Senior Judge Lawrence E. Kahn on October 20, 2020. (sas)
October 20, 2020	Reset Deadlines as to #63 MOTION for Attorney Fees , Reimbursement of Expenses and Payment of an Incentive Award. Deadlines adjusted to correspond with Judge Kahn's motion return date calendar. Response to Motion due by 11/18/2020. Motion Hearing is reset for 12/4/2020 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. As a reminder, all of Judge Kahn's motions are considered on the submission of the papers, only. No personal appearances are required. No oral arguments will be entertained. (sas)
October 19, 2020	Filing 63 MOTION for Attorney Fees , Reimbursement of Expenses and Payment of an Incentive Award Motion Hearing set for 12/2/2020 10:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 11/16/2020 filed by Brandon Kommer. (Attachments: #1 Declaration Declaration of Jeffrey I. Carton, #2 Exhibit(s) A - Attorney Time Records, #3 Exhibit(s) B - Firm Biography) (Carton, Jeffrey)
September 16, 2020	Filing 62 TEXT ORDER: Having reviewed the #61 objection to the Settlement Agreement, the Court notes that it contains the home address of the objector. Accordingly, the Court orders the objection SEALED pursuant to Local Rule 8.1(a). Signed by Senior Judge Lawrence E. Kahn on 9/16/2020. (dpk)
September 15, 2020	Filing 61 OBJECTION to the Settlement Agreement by Caroline O'Malley. (dpk) (dpk, ).
May 6, 2020	Filing 60 STATUS REPORT In Response to Text Order, Docket #59, by Ford Motor Company. (Fazio, Peter)
May 4, 2020	Filing 59 TEXT ORDER: In light of the Court's order granting preliminary approval of the class action settlement, Dkt. No. 58, the parties are directed to file a joint status update with the Court by May 6, 2020. To the extent the parties believe that a telephonic conference is required to resolve any outstanding issues, they should request one in the status update. Signed by Senior Judge Lawrence E. Kahn on May 04, 2020. (sas)
May 4, 2020	Filing 58 Preliminary Approval of Class Action Settlement & Order. Fairness hearing is set for December 02, 2020 at 10:30 AM, in Albany. Signed by Senior Judge Lawrence E. Kahn on May 04, 2020. (sas)
March 31, 2020	Filing 57 INTERIM ORDER re #53 Preliminary Motion for Approval of Class Action Settlement. Signed by U.S. District Judge Mae A. D'Agostino on 3/31/20. (ban)
March 31, 2020	TEXT NOTICE of Hearing on Motion re #53 MOTION for Preliminary Approval of Class Action Settlement : The Motion Hearing is set for 5/13/2020 at 10:00 AM in Albany before Senior Judge Lawrence E. Kahn. (ban)
March 27, 2020	TEXT Minute Entry for Telephone Conference held on 3/27/2020 before U.S. District Judge Mae A. D'Agostino: Appearances by Jeffrey Carton, Esq. and Robert Berg, Esq. for the Plaintiff; Peter Fazio, Esq. for the defendant; Judge D'Agostino is scheduled to cover the Class Action Approval Hearing for Senior Judge Kahn on 4/1/20 - This conference call was convened to discuss scheduling, given the CORVID-19 pandemic. Judge D'Agostino addresses counsel; Counsel inform the Court that they have been in communication regarding this matter and have come up with a proposal for how to proceed - Counsel propose the the Approval Hearing be adjourned to May 15, 2020; with a status report due by 5/1/20; Counsel inform the Court that they are awaiting the preliminary approval order from Senior Judge Kahn, around 4/1/20 (but propose that date be extended as well). Counsel will submit a proposed scheduling order to Judge D'Agostino. The Class Action Approval Hearing set for April 1, 2020 at 11:00 a.m. in Albany before Judge D'Agostino (for Senior Judge Kahn) is ADJOURNED without date. Judge D'Agostino will review the proposed scheduling order once it is submitted by counsel. (Court Reporter Theresa Casal, CRD Britney Norton [Time 1:15 p.m. - 1:36 p.m.]) (ban)
March 9, 2020	TEXT ONLY NOTICE of Hearing on Motion #53 MOTION for Preliminary Approval of Class Action Settlement. Motion Hearing is reset for 4/1/2020 at 11:00 AM in Albany before Senior Judge Lawrence E. Kahn. (sas)
March 5, 2020	Filing 56 MEMORANDUM OF LAW re #53 Motion for Miscellaneous/Other Relief, #54 Memorandum of Law In Support of Plaintiffs' Unopposed Motion for Preliminary Approval filed by Ford Motor Company. (Fazio, Peter)
March 5, 2020	Filing 55 AFFIDAVIT in Support re #53 MOTION for Preliminary Approval of Class Action Settlement with Exhibits filed by Brandon Kommer. (Carton, Jeffrey)
March 5, 2020	Filing 54 MEMORANDUM OF LAW in Support of Motion for Preliminary Approval of Class Action Settlement filed by Brandon Kommer. (Carton, Jeffrey)
March 5, 2020	Filing 53 MOTION for Preliminary Approval of Class Action Settlement filed by Brandon Kommer. Motions referred to Daniel J. Stewart. (Carton, Jeffrey)
March 5, 2020	Filing 52 AMENDED COMPLAINT against Ford Motor Company filed by Brandon Kommer.(Carton, Jeffrey)
March 5, 2020	Filing 51 STIPULATION to Filing Second Amended Complaint and Non-Response by Brandon Kommer submitted to Judge Kahn. (Carton, Jeffrey)
March 5, 2020	TEXT ONLY NOTICE of Hearing on Motion #53 MOTION for Preliminary Approval of Class Action Settlement : Response to Motion due by 3/31/2020. Reply to Response to Motion due by 4/6/2020. Motion Hearing set for 4/17/2020 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. (jel, )
February 25, 2020	Filing 50 LETTER REQUEST & ORDER granting Atty P. Fazio's #49 Request for an extension to file a motion for preliminary approval. Motion shall be filed by 3/05/2020. Signed by Senior Judge Lawrence E. Kahn on February 25, 2020. (sas)
February 24, 2020	Filing 49 Letter Motion from Peter J. Fazio, Counsel for Ford Motor Company for Ford Motor Company requesting Extension of Time to File Preliminary Approval Motion submitted to Judge Judge Lawrence E. Kahn . (Fazio, Peter)
January 29, 2020	Filing 48 LETTER REQUEST & ORDER granting Atty J. Carton's #47 Request for an extension to file a motion for preliminary approval. Motion shall be filed by 2/25/2020. Signed by Senior Judge Lawrence E. Kahn on January 29, 2020. (sas)
January 28, 2020	Filing 47 Letter Motion from Jeffrey I. Carton for Brandon Kommer requesting Three (3) Week Extension of Time in which to File Motion for Preliminary Approval submitted to Judge Lawrence E. Kahn . (Carton, Jeffrey)
December 10, 2019	Filing 46 TEXT ORDER: On December 4, 2019, the Court was advised that the parties have reached settlement in this matter. Dkt. No. #45 . Plaintiff is directed to file a Motion for Preliminary Approval by January 31, 2020. The motion is to be made returnable before Senior District Judge Lawrence E. Kahn. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/10/2019. (mab)
December 4, 2019	Filing 45 STATUS REPORT Regarding Mediation by Brandon Kommer. (Carton, Jeffrey)
November 18, 2019	Filing 44 NOTICE from Jeffrey I. Carton for Brandon Kommer advising the Court that Myles K. Bartley, Esq. is no longer with the law firm of Denlea & Carton LLP . (Berg, Robert) Modified on 11/19/2019 (mab, ).
October 15, 2019	Filing 43 TEXT ORDER: On October 10, 2019, Plaintiff filed a Letter Request seeking an extension of the deadlines in this matter. Dkt. No. #42 . Based upon the reasons set forth in Plaintiff's submission, the request is GRANTED and the Scheduling Order is amended as follows: 1) Fact discovery to be completed by January 31, 2020; 2) Plaintiff to serve expert disclosures by March 31, 2020; 3) Defendant to serve expert disclosures by May 15, 2020; 4) Rebuttals to be served by June 1, 2020; 5) Expert discovery to be completed by June 30, 2020; 6) Dispositive motions to be filed by August 14, 2020; and 7) All other provisions of the Uniform Pretrial Scheduling Order previously issued remain in effect. SO ORDERED by Magistrate Judge Daniel J. Stewart on 10/15/2019. (mab)
October 10, 2019	Filing 42 Letter Motion from Jeffrey I. Carton for Brandon Kommer requesting Brief Adjournment of Current Discovery Schedule submitted to Judge Daniel J. Stewart . (Berg, Robert)
July 1, 2019	Filing 41 TEXT ORDER: On June 28, 2019, the Court held a conference with counsel to address the extension of deadlines in this matter. Based upon the discussions held during such conference, the request to extend the deadlines is GRANTED and the Scheduling Order is amended as follows: 1) Fact discovery to be completed by October 31, 2019; 2) Plaintiff to serve expert disclosures by December 30, 2019; 3) Defendant to serve expert disclosures by February 15, 2020; 4) Rebuttals to be served by March 2, 2020; 5) Expert discovery to be completed by March 31, 2020; 6) Dispositive motions to be filed by May 15, 2020; and 7) All other provisions of the Uniform Pretrial Scheduling Order previously issued remain in effect. SO ORDERED by Magistrate Judge Daniel J. Stewart on 7/1/2019. (mab)
June 28, 2019	Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Discovery Telephone Conference held on 6/28/2019. Appearances: Myles Bartley, Esq. and Robert Berg, Esq. for Plaintiff; Peter Fazio, Esq. and Robert Redmond, Esq. for Defendant. The parties filed a joint request to extend the deadlines in this matter. The Court held a conference to address the dispute as to what the new deadlines should be. After hearing from counsel, the Court agrees to extend the deadlines and sets forth new dates. A Text Order outlining the new Scheduling Order will be issued. (Time: 11:03AM-11:09AM). (Court Reporter: Theresa Casal). (mab)
June 21, 2019	Filing 40 TEXT ORDER: On June 20, 2019, Plaintiff filed a Letter Request, on behalf of all parties, seeking an extension of the deadlines in this matter. Dkt. No. #39 . The Court is taking this request under advisement and directs counsel to participate in a Discovery Telephone Conference on June 28, 2019 at 11:00 AM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 6/21/2019. (mab)
June 20, 2019	Filing 39 Letter Motion from Myles Bartley for Brandon Kommer requesting on behalf of all parties an extension of the cut-off date for fact discovery submitted to Judge Daniel J. Stewart . (Bartley, Myles)
June 19, 2019	Filing 38 DECISION and ORDER denying #34 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Daniel J. Stewart on 6/19/2019. (jdp )
April 12, 2019	Filing 37 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Daniel J. Stewart on 4/8/2019. (mab)
April 12, 2019	Filing 36 STIPULATION and ORDER Establishing the Protocol for the Production of Documents and ESI. Signed by Magistrate Judge Daniel J. Stewart on 4/8/2019. (mab)
April 10, 2019	Filing 35 MEMORANDUM OF LAW re #34 Motion for Leave to File, In Opposition to Plaintiff's Request to Amend the Complaint filed by Ford Motor Company. (Attachments: #1 Affidavit Affidavit of Peter J. Fazio, Counsel for Ford Motor Company)(Fazio, Peter)
April 8, 2019	TEXT NOTICE re Plaintiff's #34 MOTION for Leave to File a Second Amended Complaint. Response to the motion is to be filed by 4/15/2019. Pursuant to N.Y.N.D.L.R. 7.1 (b)(2), a Reply is not permitted without permission of the Court. The motion is returnable on 5/2/2019 before Magistrate Judge Daniel J. Stewart and is on SUBMIT only. No personal appearances are required unless otherwise ordered by the Court. (mab)
March 27, 2019	Filing 34 MOTION for Leave to File Second Amended Complaint Motion Hearing set for 5/2/2019 09:30 AM in Albany before Magistrate Judge Daniel J. Stewart Response to Motion due by 4/15/2019 filed by Brandon Kommer. (Attachments: #1 Memorandum of Law, #2 Affidavit with Exhibit, Proposed Second Amended Class Action Complaint) Motions referred to Daniel J. Stewart. (Carton, Jeffrey)
March 13, 2019	Filing 33 First Letter Motion from Peter J. Fazio, Counsel for Ford Motor Company for Ford Motor Company requesting Requesting that Magistrate Judge So Order the Jointly Agreed to Protective Order and ESI Protocol submitted to Judge Judge Honorable Daniel J. Stewart . (Attachments: #1 Exhibit(s) Exhibit A ESI Protocol, #2 Exhibit(s) Exhibit B Protective Order)(Fazio, Peter)
March 13, 2019	Filing 32 NOTICE of Appearance by Sarah V. Bondurant Price on behalf of Ford Motor Company (Price, Sarah)
March 8, 2019	Filing 31 TEXT ORDER: On March 6, 2019, the Court held a Telephone Conference on the record to address Plaintiff's intent to amend the Complaint. Based upon the discussions held during the conference, Plaintiff is permitted to file a Motion to Amend in this matter. Plaintiff's motion shall be filed on or before March 27, 2019. Defendant shall file a response to the motion on or before April 10, 2019. Pursuant to N.Y.N.D.L.R. 7.1 (b)(2), a Reply is not permitted without permission of the Court. The motion is returnable before Magistrate Judge Daniel J. Stewart and will be on SUBMIT only. No personal appearances are required unless otherwise ordered by the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/8/2019. (mab)
March 6, 2019	Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Pre-Motion Telephone Conference held on 3/6/2019. Appearances: Myles Bartley, Esq. for Plaintiff; Peter Fazio, Esq. and Virginia Price, Esq. for Defendant. The Court held a conference to address Plaintiff's intent to amend the Complaint in this matter. After hearing from counsel, the Court directs Plaintiff to file a Motion to Amend by 3/27/2019. Defendants to respond by 4/10/2019. Counsel advise that discovery is progressing and will work together to try to resolve any issues that may arise. (TIME: 11:07AM-11:17AM). (Court Reporter: Jacqueline Stroffolino) (mab)
March 1, 2019	Filing 30 RESPONSE TO LETTER BRIEF filed by Ford Motor Company as to 28 Order on Letter Request,, In Opposition to Plaintiff's Request to Amend the Complaint. (Fazio, Peter)
February 28, 2019	Filing 29 STATUS REPORT to Magistrate Judge Stewart by Ford Motor Company. (Fazio, Peter)
February 22, 2019	Filing 28 TEXT ORDER: On February 21, 2019, Plaintiff filed a Letter Request seeking conference pursuant to NDNY Local Rule 7.1(b)(2) in this matter. Dkt. No. #27 . The request is GRANTED and a Pre-Motion Conference is scheduled for March 6, 2019 at 11:00 AM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. Defendant is directed to file a response to Plaintiff's submission by March 1, 2019. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/22/2019. (mab)
February 21, 2019	Filing 27 Letter Motion from Jeffrey I. Carton for Brandon Kommer requesting Pre-Motion Conference submitted to Judge Daniel J. Stewart . (Bartley, Myles)
January 2, 2019	Filing 26 TEXT ORDER granting #25 Motion for Limited Admission Pro Hac Vice. Attorney Sarah Virginia Bondurant Price is hereby admitted to practice in this action on behalf of Defendant. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 1/2/2019. (mab)
December 21, 2018	Filing 25 MOTION for Limited Admission Pro Hac Vice of Sarah Virginia Bondurant Price Filing fee $100, receipt number BNYNDC-4599723. filed by Ford Motor Company. (Attachments: #1 Declaration Sponsor Declaration of Peter J. Fazio, #2 Exhibit(s) Petition for Admission to Practice, #3 Exhibit(s) Certificate of Good Standing, #4 Exhibit(s) New Attorney E-Filing Registration Form) Motions referred to Daniel J. Stewart. (Fazio, Peter)
November 19, 2018	Filing 24 TEXT ORDER: The Court held a Rule 16 Initial Conference with the parties on November 16, 2018. The Court, sua sponte, exempts this matter from the Mandatory Mediation Program. SO ORDERED by Magistrate Judge Daniel J. Stewart on 11/19/2018. (mab)
November 19, 2018	Filing 23 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 10-14 Days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 12/17/2018. Amended Pleadings due by 12/17/2018. Fact discovery due by 6/20/2019. Plaintiff to serve expert disclosures by 8/12/2019. Defendant to serve expert disclosures by 10/14/2019. Rebuttals to be served by 12/1/2019. All expert discovery to be completed by 12/20/2019. Motions to be filed by 2/20/2020. Status Report due by 2/28/2019. This case has been exempt from the Court's Mandatory Mediation Program. Signed by Magistrate Judge Daniel J. Stewart on 11/19/2018. (mab)
November 16, 2018	Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 11/16/2018. Appearances: Myles Bartley, Esq. and Chris Barraza, Esq. for Plaintiff; Peter Fazio, Esq. for Defendant. The Court hears from counsel as to their positions and how they intend to proceed in this matter. Mandatory Disclosures have been exchanged. The Court discusses the Mandatory Mediation Program with counsel. This case has been exempt from the Court's Mandatory Mediation Program, however, if the parties believe that settlement is an option as the case progresses they may advise the Court and request a settlement conference. The Court hears from counsel as to potential discovery issues that may arise. Scheduling Order deadlines set. A Uniform Pretrial Order will be issued. (TIME: 10:03AM-10:26AM). (mab)
November 9, 2018	Filing 22 CIVIL CASE MANAGEMENT PLAN submitted to Judge Honorable Magistrate Judge Daniel J. Stewart . (Attachments: #1 Proposed Order/Judgment Proposed Scheduling Order)(Fazio, Peter) Modified on 11/13/2018 to reflect that this is a proposed Civil Case Management Plan and not a letter request (mab).
October 24, 2018	Filing 21 TEXT ORDER: On October 23, 2018, Defendant filed a Letter Request, with the consent of Plaintiff, seeking an adjournment of the Rule 16 Initial Conference in this matter and seeking permission appear for such conference by telephone rather than in person. Dkt. No. #20 . Based upon the consent of the parties, the request is GRANTED. The Rule 16 Initial Conference is RESCHEDULED for November 16, 2018 at 10:00 AM before the undersigned. Counsel are permitted to appear by telephone rather than in person. The Court will issue a separate notice setting forth the instructions to connect to the conference call. Counsel are directed to file a proposed Civil Case Management Plan and exchange Mandatory Disclosures by November 9, 2018. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 10/24/2018. (mab)
October 23, 2018	Filing 20 Letter Motion from Peter J. Fazio for Ford Motor Company requesting Adjourn Initial Rule 16 Conference submitted to Judge Magistrate Judge Daniel J. Stewart . (Fazio, Peter)
October 9, 2018	Filing 19 TEXT ORDER: The Rule 16 Initial Conference in this matter is scheduled for November 2, 2018 at 10:00 AM before the undersigned. Counsel are directed to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. Counsel are also directed to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures on or before October 26, 2018. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 10/9/2018. (mab)
August 20, 2018	Filing 18 First ANSWER to #11 Amended Complaint by Ford Motor Company.(Fazio, Peter)
August 6, 2018	Filing 17 DECISION AND ORDERED, that Fords Motion (Dkt. 12-1) is DENIED. Signed by Senior Judge Lawrence E. Kahn on August 06, 2018. (sas)
October 16, 2017	Filing 16 ORDER granting #15 Motion for Limited Admission Pro Hac Vice. Signed by Magistrate Judge Daniel J. Stewart on 10/16/2017. (dpk)
October 13, 2017	Filing 15 MOTION for Limited Admission Pro Hac Vice of Andrew J. Trask Filing fee $100, receipt number 0206-4166486. filed by Ford Motor Company. (Attachments: #1 Affidavit Peter J. Fazio Affidavit supporting Pro Hac Admission of Andrew J. Trask, #2 Proposed Order/Judgment Proposed Order for Admission of Andrew J. Trask, #3 Exhibit(s) Petition of Andrew J. Trask for Admission to Pracrice, #4 Exhibit(s) Andrew J. Trask E-Filing Registration, #5 Exhibit(s) Andrew J. Trask Oath, #6 Exhibit(s) Andrew J. Trask Certificate of Good Standing) Motions referred to Daniel J. Stewart. (Fazio, Peter)
October 10, 2017	Filing 14 MEMORANDUM OF LAW re #12 Motion to Dismiss for Failure to State a Claim, Reply Memorandum of Law in Support of Second Motion to Dismiss filed by Ford Motor Company. (Attachments: #1 Exhibit(s) Exhibit A to Reply Memorandum)(Fazio, Peter)
October 3, 2017	Filing 13 MEMORANDUM OF LAW re #12 Motion to Dismiss for Failure to State a Claim, IN OPPOSITION filed by Brandon Kommer. (Carton, Jeffrey)
September 13, 2017	Filing 12 Second MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 10/20/2017 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 10/3/2017 Reply to Response to Motion due by 10/10/2017. filed by Ford Motor Company. (Attachments: #1 Memorandum of Law, #2 Exhibit(s) Exhibit A Decision from Darne) (Fazio, Peter)
August 29, 2017	***Answer due date updated for Ford Motor Company answer due 9/11/2017. (khr)
August 28, 2017	Filing 11 AMENDED COMPLAINT against Ford Motor Company filed by Brandon Kommer. (Attachments: #1 Exhibit(s) A - TSB 15-0052, #2 Exhibit(s) B - TSB 16-0155)(Carton, Jeffrey)
July 28, 2017	Filing 10 MEMORANDUM-DECISION AND ORDERED, that Fords motion to dismiss (Dkt. No. 5) is GRANTED; and it is further ORDERED, that Kommers affirmative misrepresentation claim is DISMISSED without leave to amend; and it is further ORDERED, that Kommers misrepresentation-by-omission claim is DISMISSED with leave to amend; and it is further ORDERED, that if Kommer wishes to proceed with his misrepresentation-by-omission claim, he must file an amended complaint as set forth above within thirty days of the filing date of this Memorandum-Decision and Order. Signed by Senior Judge Lawrence E. Kahn on July 28, 2017. (sas)
May 22, 2017	Filing 9 RESPONSE in Support re #5 First MOTION to Dismiss for Failure to State a Claim Reply Memorandum of Law in Support of Motion for Summary Judgment filed by Ford Motor Company. (Fazio, Peter)
May 8, 2017	Filing 8 MEMORANDUM OF LAW re #5 Motion to Dismiss for Failure to State a Claim, Opposition filed by Brandon Kommer. (Carton, Jeffrey)
April 24, 2017	Filing 7 LETTER REQUEST & ORDER granting #6 Plaintiff's Request for an extension of the deadlines re #5 MOTION to Dismiss & to adjourn the pending R-16 conference. Motion Hearing is reset for 6/2/2017 at 09:30 AM in Albany before Senior Judge Lawrence E. Kahn. Response to Motion due by 5/8/2017. Reply to Response to Motion due by 5/22/2017. This motion will be considered on the submission of the papers, only. No personal appearances are required. No oral arguments will be entertained. The R-16 conference is adjourned without a date pending a decision on the motion. Signed by Senior Judge Lawrence E. Kahn on April 24, 2017. (sas)
April 21, 2017	Filing 6 Letter Motion from Myles K. Bartley, Esq. for Brandon Kommer requesting a modest adjournment in the briefing schedule for defendant's motion to dismiss submitted to Judge Lawrence E. Kahn . (Bartley, Myles)
April 12, 2017	Filing 5 First MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 5/19/2017 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 5/2/2017 Reply to Response to Motion due by 5/8/2017. filed by Ford Motor Company. (Attachments: #1 Memorandum of Law) (Fazio, Peter)
March 27, 2017	Filing 4 AFFIDAVIT of Service for Notice, Summons and Complaint with exhibits served on Ford Motor Company on March 22, 2017, filed by Brandon Kommer. (Carton, Jeffrey)
March 27, 2017	***Answer due date updated for Ford Motor Company answer due 4/12/2017. (khr)
March 15, 2017	Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/14/2017 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/7/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr)
March 15, 2017	Filing 2 Summons Issued as to Ford Motor Company. (khr)
March 13, 2017	Filing 1 COMPLAINT WITH JURY DEMAND against Ford Motor Company (Filing fee $400 receipt number 0206-3953696)filed by Brandon Kommer. (Attachments: #1 Civil Cover Sheet)(khr)

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Search for this case: Kommer v. Ford Motor Company
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Plaintiff: Kommer
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Plaintiff: Brandon Kommer
Represented By:	Jeffrey I. Carton
Represented By:	Myles K. Bartley
Represented By:	Robert J. Berg
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Defendant: Ford Motor Company
Represented By:	Peter J. Fazio
Represented By:	Andrew John Trask
Represented By:	Sarah V. Bondurant Price
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