Maltbie's Garage Company, Inc. v. General Motors LLC
| Maltbie's Garage Company, Inc. |
| General Motors LLC |
| 1:2021cv00581 |
| May 21, 2021 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Therese Wiley Dancks |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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Filing 29
RESPONSE in Opposition re #28 MOTION to Dismiss for Failure to State a Claim filed by General Motors LLC. Motion returnable before Judge D'Agostino filed by Maltbie's Garage Company, Inc.. (McMahan, Michael)
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Filing 28
MOTION to Dismiss for Failure to State a Claim filed by General Motors LLC. Motion returnable before Judge D'Agostino Response to Motion due by 7/28/2021. Reply to Response to Motion due by 8/4/2021 (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss, #2 Declaration of Caleb J. Schillinger in Support of Motion to Dismiss, #3 Exhibit(s) 1 to Schillinger Decl. (Dealer Agreement), #4 Exhibit(s) 2 to Schillinger Decl. (Standard Provisions), #5 Exhibit(s) 3 to Schillinger Decl. (Notice of Breach), #6 Exhibit(s) 4 to Schillinger Decl. (Notice of Termination), #7 Exhibit(s) 5 to Schillinger Decl. (ASA), #8 Exhibit(s) 6 to Schillinger Decl. (April 8th Letter)) (Schillinger, Caleb)
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Filing 27
TEXT ORDER: Court has reviewed the docket and, in light of the District Court permitting defendants to file a Motion to Dismiss (see Text Minute Entry 6/23/2021), the 7/6/2021 Rule 16 Conference and associated deadlines are adjourned without new date at this time. The conference will be rescheduled as necessary once a decision on the permitted Motion to Dismiss is issued. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/28/2021. (sg)
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TEXT Minute Entry for Telephone Pre-Motion Conference held on 6/23/2021 before U.S. District Judge Mae A. D'Agostino: Appearances by Michael McMahan, Esq. for the Plaintiff; James McGrath, Esq., Ed Salcedo, Esq., and Caleb Schillinger, Esq. for the defendant; Judge D'Agostino addresses defendant's pre-motion letter for leave to file a 12(b)(6) motion to dismiss - Judge D'Agostino heard from both sides and grants the defendant's request - the Motion to dismiss shall be filed on or before 7/7/21; The response and reply deadlines will be set automatically, upon the filing of the motion to dismiss. The motion will be decided on the submission of the papers only. No personal appearances are necessary. Judge D'Agostino will speak to Judge Dancks, and will ask that the Rule 16 conference be adjourned and discovery be on hold, pending Judge D'Agostino's decision on the motion to dismiss. (Court Reporter Jacqueline Stroffolino, CRD Britney Norton [Time 1:31 p.m. - 1:41 p.m..]) (ban)
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Filing 26
NOTICE by General Motors LLC advising Court of parties' agreement concerning stay of discovery, in advance of pre-motion conference scheduled for June 23, 2021 (McGrath, James)
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Filing 25
NOTICE of Appearance by Michael P McMahan on behalf of Maltbie's Garage Company, Inc. (McMahan, Michael)
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Filing 24
Letter from Gershon Akerman advising the Clerk that he will not remain as counsel in this case in response to the #6 NOTICE of Admission Requirement. (pjh, )
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Filing 23
NOTICE of Appearance by Charles Gallaer on behalf of Maltbie's Garage Company, Inc. (Gallaer, Charles)
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Filing 22
LETTER BRIEF in response to the June 2, 2021 letter of General Motors LLC (GM) requesting to move to dismiss under Rule 12(b)(6) by Maltbie's Garage Company, Inc.. (Gallaer, Charles)
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Filing 21
Pre-Motion Letter by General Motors LLC requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 6/7/2021 (McGrath, James)
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Filing 20
NOTICE of Appearance by Caleb Schillinger on behalf of General Motors LLC (Schillinger, Caleb)
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Filing 19
NOTICE of Appearance by James C. McGrath on behalf of General Motors LLC (McGrath, James)
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Filing 18
TEXT ORDER granting #14 Motion for Limited Admission Pro Hac Vice of Caleb Schillinger, Esq. for 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. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/1/2021. (sg)
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Filing 17
TEXT ORDER granting #11 Motion for Limited Admission Pro Hac Vice of James C. McGrath, Esq. for 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. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/1/2021. (sg)
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Notice of Filing Deficiency re: #11 Motion for Limited Admission Pro Hac Vice of James C. McGrath. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Declaration of Sponsor The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, )
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Filing 16
CERTIFICATE OF SERVICE by General Motors LLC re #3 G.O. 25 Filing Order,, #1 Notice of Removal, (Salcedo, Eddy)
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Filing 15
NOTICE by General Motors LLC / Statement Regarding Removal Per Judges Individual Rules and Practices (Salcedo, Eddy)
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Filing 14
MOTION for Limited Admission Pro Hac Vice of Caleb J. Schillinger Filing fee $100, receipt number ANYNDC-5534412. (Attachments: #1 Exhibit(s) Petition for Admission, #2 Exhibit(s) Certificate of Good Standing, #3 Exhibit(s) Attorney E-Filing Registration, #4 Exhibit(s) Sponsor Declaration, #5 Certificate of Service) Motions referred to Therese Wiley Dancks. (Salcedo, Eddy)
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Filing 13
Supplemental Admission documents re: #11 Motion for Limited Admission Pro Hac Vice,. (Salcedo, Eddy)
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Filing 12
CERTIFICATE OF SERVICE by General Motors LLC re #11 MOTION for Limited Admission Pro Hac Vice of James C. McGrath Filing fee $100, receipt number ANYNDC-5534271. (Salcedo, Eddy)
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Filing 11
MOTION for Limited Admission Pro Hac Vice of James C. McGrath Filing fee $100, receipt number ANYNDC-5534271. (Attachments: #1 Exhibit(s) Petition for Admission, #2 Exhibit(s) Certificate of Good Standing, #3 Exhibit(s) Attorney E-Filing Registration) Motions referred to Therese Wiley Dancks. (Salcedo, Eddy)
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Filing 10
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by General Motors LLC identifying Corporate Parent General Motors Holdings LLC, Other Affiliate General Motors Company for General Motors LLC.. (Salcedo, Eddy)
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Filing 9
TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (hmr)
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***Answer due date updated for General Motors LLC answer due 6/9/2021. (hmr)
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Filing 8
NOTICE of Admission Requirement as to Party Plaintiff; Attorney Michael P. McMahan, Email address is michael.mcmahan@arentfox.com. Phone number is 212-484-3900. [Copy emailed to Attorney McMahan on 5/21/2021.] Admissions due by 6/4/2021. (hmr)
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Filing 7
NOTICE of Admission Requirement as to Party Plaintiff; Attorney Charles A. Gallaer, Email address is charles.gallaer@arentfox.com. Phone number is 212-484-3900. [Copy was emailed to Attorney Gallaer on 5/21/2021.] Admissions due by 6/4/2021. (hmr)
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Filing 6
NOTICE of Admission Requirement as to Party Defendant; Attorney Gershon Akerman, [Notice was mailed to Attorney Akerman via regular mail on 5/24/2021.]Admissions due by 6/4/2021. (hmr)
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Filing 5
NOTICE of Admission Requirement as to Party Defendant; Attorney Caleb J. Schillinger, Email address is cschillinger@seyfarth.com. Phone number is 617-946-4800. [Notice was emailed to Attorney Schillinger on 5/21/2021.] Admissions due by 6/4/2021. (hmr)
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Filing 4
NOTICE of Admission Requirement as to Party Defendant; Attorney James C. McGrath, Email address is jcmcgrath@seyfarth.com. Phone number is 617-946-4800. Admissions due by 6/4/2021. [Notice was emailed to Attorney McGrath on 5/21/2021.](hmr)
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Filing 3
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/6/2021 at 09:30 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/29/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) [A copy was emailed to Attorney McGrath, Attorney Schillinger, Attorney Gallaer and Attorney McMahan on 5/21/2021. A copy was mailed to Attorney Akerman via regular mail on 5/24/2021.](hmr)
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Filing 2
STATE COURT COMPLAINT relating to #1 Notice of Removal. (hmr)
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Filing 1
NOTICE OF REMOVAL from Warren County Supreme Court, case number EF2021-68954 (Filing fee $402 receipt number ANYNDC-5531788) filed by General Motors LLC. (Attachments: #1 Exhibit A - Summons with Notice, #2 Exhibit B - Affidavit of Service, #3 Exhibit C - Notice of Appearance for Plaintiff, #4 Exhibit D - General Motors LLC Notice of Appearance and Demand for Complaint, #5 Exhibit E - Complaint, #6 Civil Cover Sheet)(hmr)
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| Plaintiff: Maltbie's Garage Company, Inc. | |
| Represented By: | Charles Gallaer |
| Represented By: | Michael P McMahan |
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| Defendant: General Motors LLC | |
| Represented By: | Eddy Salcedo |
| Represented By: | James C. McGrath |
| Represented By: | Caleb Schillinger |
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