Weaver v. Harley-Davidson Motor Company Group, LLC
| Rita Weaver |
| Harley-Davidson Motor Company Group, LLC |
| 1:2022cv01142 |
| November 2, 2022 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Glenn T Suddaby |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 28, 2022. A more recent docket listing may be available from PACER.
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Filing 23
TEXT ORDER : In light of the issuance of the #22 Order staying all proceedings in this case, the 2/1/2023 Initial conference and related deadlines of exchange of Rule 26 Disclosures and filing of the Civil Case Management Plan are adjourned at this time and will be rescheduled, as necessary, at a future time.SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/28/2022. (sg)
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Filing 22
ORDER Approving Stipulation to Stay Proceedings that all proceedings with respect to this action shall be stayed, including the time for Defendant to answer or otherwise respond to the Complaint, until further order of this Court or, if different, the transferee court, in light of the motion to transfer for pretrial proceedings the related actions. Following the resolution by the United States Judicial Panel on Multidistrict Litigation of the motion to transfer the Related Actions, or the withdrawal of the pending JPML Motion to transfer the Related Actions, Plaintiff and Defendant shall meet and confer in good faith to attempt to agree to a stipulated schedule for Defendant to answer or otherwise respond to the Complaint and, if appropriate, a briefing schedule with respect to any motions filed pursuant to Fed. R. Civ. P. 12. If Plaintiff and Defendant are unable to agree to a stipulated schedule as set forth in the preceding paragraph, Plaintiff and Defendant shall submit a joint brief to this Court or, if different, to the transferee court regarding such schedule. The Stipulation shall not constitute a waiver of (a) any jurisdictional defenses that may be available under Rule 12 of the Federal Rules of Civil Procedure, (b) any affirmative defenses under Rule 8 of the Federal Rules of Civil Procedure, or (c) any other statutory or common law defenses that may be available to Defendant in this and the other Related Actions. Defendant expressly reserves its rights to raise any such defenses (or any other defense) in response to either the current Complaint or any amended complaint that may be filed relating to this Action. Signed by U.S. District Judge Glenn T. Suddaby on 12/19/2022. (sal )
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| Filing 21 STIPULATION Regarding Stay of Proceedings by Harley-Davidson Motor Company Group, LLC submitted to Judge Hon. Glenn T. Suddaby. (Attachments: #1 Proposed Order/Judgment)(Goldberg, Marc) |
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Filing 20
TEXT ORDER: Court notes that Multidistrict Litigation ("MDL") documents (Dkt. Nos. #18 , #19 ) were filed by counsel for non-parties to this action. In the future, only counsel who have appeared in this action may file documents on the docket. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/14/2022. (sg)
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| Filing 19 COPY OF MDL CASE Document - Corrected Schedule of Actions filed by Wolf Haldenstein Adler Freeman & Herz LLC. (hmr) |
| Filing 18 COPIES of Documents from the MDL Case filed by Adler Freeman & Herz, LLP. (hmr) |
| Filing 17 NOTICE of Appearance by Neal J. Deckant on behalf of Rita Weaver (Deckant, Neal) |
| TEXT NOTICE OF FILING DEFICIENCY as to Rita Weaver regarding the #16 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney address and/or email address contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. 12/06/2022 Notice of Filing Deficiency Deadline 12/6/2022 (hmr) |
| Filing 16 NOTICE of Appearance by Neal J. Deckant on behalf of Rita Weaver (Deckant, Neal) |
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Filing 15
TEXT ORDER granting #9 Motion for Limited Admission Pro Hac Vice of Neil Deckant, Esq.. 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 11/22/2022. (sg)
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| TEXT NOTICE OF FILING DEFICIENCY as to Rita Weaver regarding the #14 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney address on the Dkt. No. #8 Motion for Limited Admission Pro Hac Vice - 1990 North California Boulevard, Suite 940, Walnut Creek, CA 94596 does not match the NYND attorney admission records - 1990 North California Blvd. - Ste. 1900, Walnut Creek, CA 94596. Counsel is directed to update the SUITE NUMBER ONLY in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 11/23/2022 (hmr) |
| Filing 14 NOTICE of Appearance by Joel D. Smith on behalf of Rita Weaver (Smith, Joel) |
| Filing 13 NOTICE of Appearance by Julian C. Diamond on behalf of Rita Weaver (Diamond, Julian) |
| Filing 12 LETTER BRIEF re intent to remain counsel of record by Rita Weaver. (Fraietta, Philip) |
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Filing 11
TEXT ORDER granting #8 Motion for Limited Admission Pro Hac Vice of Joel Smith. 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 11/17/2022. (sg)
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Filing 10
TEXT ORDER granting #7 Motion for Limited Admission Pro Hac Vice of Julian Diamond. 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 11/17/2022. (sg)
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| Filing 9 MOTION for Limited Admission Pro Hac Vice of Neal J. Deckant Filing fee $100, receipt number ANYNDC-6103248. (Attachments: #1 Declaration of Sponsor, #2 Petition for Admission, #3 E-Filing Form, #4 Certificate of Good Standing, #5 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Fraietta, Philip) |
| Filing 8 MOTION for Limited Admission Pro Hac Vice of Joel D. Smith Filing fee $100, receipt number ANYNDC-6101199. (Attachments: #1 Declaration of Sponsor, #2 Petition for Admission, #3 E-Filing Form, #4 Certificate of Good Standing, #5 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Fraietta, Philip) |
| Filing 7 MOTION for Limited Admission Pro Hac Vice of Julian C. Diamond Filing fee $100, receipt number ANYNDC-6098957. (Attachments: #1 Declaration Of Sponsor, #2 Petition of Admission, #3 E-Filing Registration Form, #4 Certificate of Good Standing, #5 Proposed Order/Judgment) Motions referred to Therese Wiley Dancks. (Fraietta, Philip) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Rita Weaver. Harley-Davidson Motor Company Group, LLC waiver sent on 11/7/2022, answer due 1/6/2023. (Fraietta, Philip) |
| Filing 5 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Neal Deckant, Email address is ndeckant@bursor.com. Phone number is (925) 300-4455; Attorney Joel D. Smith, Email address is jsmith@bursor.com. Phone Number is (925) 300-4455. Admissions due by 11/17/2022. [Copy of this Notice was emailed and mailed via regular mail to Attorney Deckant and Attorney Smith on 11/3/2022.](hmr) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Julian C. Diamond, Email address is jdiamond@bursor.com. Phone number is (646 )837-7150. Admissions due by 11/17/2022. [Notice was emailed and mailed via regular mail to Attorney Diamond on 11/3/2022.](hmr) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/1/2023 at 10:30 AM by telephone conference 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 1/25/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) |
| Filing 2 Summons Issued as to Harley-Davidson Motor Company Group, LLC. (hmr) |
| Filing 1 CLASS ACTION COMPLAINT with Jury Demand against Harley-Davidson Motor Company Group, LLC (Filing fee $402 receipt number ANYNDC-6089058) filed by Rita Weaver. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Civil Cover Sheet)(hmr) |
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| Plaintiff: Rita Weaver | |
| Represented By: | Philip Lawrence Fraietta |
| Represented By: | Joel D. Smith |
| Represented By: | Julian C. Diamond |
| Represented By: | Neal J. Deckant |
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| Defendant: Harley-Davidson Motor Company Group, LLC | |
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