W.S. Hinkley & Sons, Inc. v. Ford Motor Company
Plaintiff: W.S. Hinkley & Sons, Inc.
Defendant: Ford Motor Company
Not Classified By Court: Allen Hurkin-Torres
Case Number: 3:2016cv00433
Filed: April 15, 2016
Court: US District Court for the Northern District of New York
Office: Binghamton Office
County: Delaware
Presiding Judge: Mae A D'Agostino
Referring Judge: David E Peebles
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 20, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 20, 2017 Opinion or Order Filing 30 ORDER Of Dismissal By Reason of Settlement. Signed by U.S. District Judge Mae A. D'Agostino on 1/20/2017. (ban)
January 5, 2017 TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 1/5/2017. Parties have reached a tentative settlement. Drafts of the settlement agreement have been exchanged and parties are hopeful in finalizing the settlement within the next two weeks. If a stipulation is not filed with the court by 1/19/2017, then District Judge D'Agostino will issue an order dismissing the action by reason of settlement at that time. APP: Howard Krebs, Esq., and Stephen Bledsoe, Esq.. (sal ) Modified conf. date on 1/6/2017 (sal ).
November 9, 2016 Filing 29 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on 10/25/2016. The Total Hours Spent By Mediator is uncertain. The clerk is docketing this event based upon information received by counsel in this matter. The court has made several attempts to contact the mediator for the filing of this report, however, each attempt was unsuccessful. The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (sal ) Modified on 11/14/2016, attached Report of Mediation, which was sent by Mediator on 11/11/2016. Total Hours Spent: 5.5. (nmk)
November 9, 2016 ADR COMPLETED: Case did not settle. Attorney Allen Hurkin-Torres terminated.(sal )
October 6, 2016 Set Hearings: A Telephone Conference is set for 1/5/2017 at 3:00 PM before Magistrate Judge David E. Peebles. Defendant's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )
October 4, 2016 TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 10/4/2016. Parties are exchanging discovery and currently discussing settlement.. Mediation is set for 10/25/2016 and will take place with the mediator in NYC. If the case is not resolved, then further document discovery will be exchanged before depositions can be completed. Plaintiff's counsel may retain an expert and he is aware of the deadline to disclose such an expert. Next telephone conference is set for 1/5/2017 at 3:00 PM. Defendant's counsel is directed to initiate the call to Chambers. APP: Shaun Malone, Esq., and Stephen Bledsoe, Esq.. (sal)
September 27, 2016 Filing 28 ANSWER to #26 Amended Complaint by Ford Motor Company.(Bledsoe, Stephen)
August 29, 2016 Opinion or Order Filing 27 TEXT ORDER approving #25 stipulation to amend the complaint, which has been filed at Dkt. No. #26 . Based upon stipulation of the parties, the time for defendant Ford Motor Company to answer or otherwise respond to the Amended Complaint is set for 9/28/2016. Authorized by Magistrate Judge David E. Peebles on 8/29/16. (sal )
August 29, 2016 Filing 26 AMENDED COMPLAINT against Ford Motor Company filed by W.S. Hinkley & Sons, Inc..(Malone, Shaun)
August 29, 2016 Filing 25 STIPULATION to filing of Amended Complaint by W.S. Hinkley & Sons, Inc. submitted to Judge David E. Peebles. (Malone, Shaun)
July 27, 2016 Opinion or Order Filing 24 TEXT ORDER granting #23 Letter Request. Permission is granted to submit an amended complaint. Plaintiff must prepare a proposed amended complaint and first forward to defendant's counsel. If defense counsel consents to the amendment, then the amended complaint should be filed with the court together with a stipulation permitting it to be filed and signed by counsel for both parties. Authorized by Magistrate Judge David E. Peebles on 7/27/16. (sal )
July 26, 2016 Filing 23 Unopposed Letter Motion from Plaintiff's counsel regarding leave to amend complaint for W.S. Hinkley & Sons, Inc. requesting Leave to amend complaint submitted to Judge Mae A. D'Agostino . (Malone, Shaun)
July 21, 2016 Filing 22 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Judge Allen Hurkin-Torres has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Shaun Malone and Steven M. Bledsoe. Dated: 07/21/2016(Bledsoe, Stephen)
July 20, 2016 Opinion or Order Filing 21 TEXT ORDER granting #20 Letter Request. The deadline for completion of Mandatory Mediation is extended until 10/31/2016. Authorized by Magistrate Judge David E. Peebles on 7/20/16. (sal )
July 20, 2016 Filing 20 Letter Motion from Plaintiff's counsel seeking extension of mediation schedule for W.S. Hinkley & Sons, Inc. requesting Extension of time submitted to Judge David E. Peebles . (Malone, Shaun)
July 19, 2016 Filing 19 NOTICE of Appearance by Peter J. Veysey, Jr on behalf of Ford Motor Company (Veysey, Peter)
July 18, 2016 Opinion or Order Filing 18 TEXT ORDER Regarding Selection of the Mediator: The deadline for the parties to file the Stipulation Selecting a Mediator has expired. The Court hereby extends the deadline to select a mediator to July 22, 2016. If a stipulation selecting a mediator is not filed by Friday, July 22, 2016, the Court shall select a Mediator pursuant to General Order 47, Section 5.4(C)(2), from the Court's Mediator listing and shall issue a text notice notifying the parties of the Mediator's identity. Any questions regarding selection of a mediator should be directed to: Nicole Eallonardo, ADR Administrator, at 315-234-8563. Authorized by Magistrate Judge David E. Peebles on 7/18/2016. (nmk)
July 12, 2016 Filing 17 NOTICE by Ford Motor Company of Withdrawal of Appearance of Diana Chang (Chang, Diana)
June 20, 2016 Filing 16 NOTICE of Appearance by James M. Campbell, Sr on behalf of Ford Motor Company (Campbell, James)
June 20, 2016 Set/Reset Hearings: A Telephone Conference is set for 10/4/2016 at 3:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to initiate the call to Chambers, which can be reached at (315) 234-8620. (sal )
June 17, 2016 Opinion or Order Filing 15 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 7/15/2016. Deadline for completion of Mandatory Mediation is 9/30/2016. Signed by Magistrate Judge David E. Peebles on 6/17/2016. (amt)
June 17, 2016 Opinion or Order Filing 14 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 4 days. Preferred Trial Location: Albany. Joinder of Parties/Amended Pleadings due by 7/31/2016. Discovery due by 3/1/2017. Motions to be filed by 4/14/2017. Trial ready and Jury trial dates to be set by Judge D'Agostino. Signed by Magistrate Judge David E. Peebles on 6/17/2016. (amt)
June 17, 2016 Minute Entry for proceedings held before Magistrate Judge David E. Peebles; Initial Rule 16 Pretrial Conference held on 6/17/2016; App: E. Sweeney, Esq., for Pltf; S. Bledsoe and D. Chang, Esqs., for Defts; Pretrial deadlines are discussed and set; Deft to draft and circulate a proposed protective order if one becomes necessary; Pretrial Order to be issued; Telephone Conference set for 10/4/2016 at 03:00 PM before Magistrate Judge David E. Peebles. Plaintiff's counsel is directed to place the conference call. (amt)
June 14, 2016 Opinion or Order Filing 13 TEXT ORDER granting #12 Motion for Limited Admission Pro Hac Vice for Stephen M. Bledsoe, Esq. on behalf of Ford Motor Company. Authorized by Magistrate Judge David E. Peebles on 6/14/16. (sal,)
June 13, 2016 Filing 12 MOTION for Limited Admission Pro Hac Vice of Stephen M. Bledsoe Filing fee $100, receipt number 0206-3697495. filed by Ford Motor Company. Motions referred to David E. Peebles. (Chang, Diana)
June 9, 2016 Filing 11 CIVIL CASE MANAGEMENT PLAN by Ford Motor Company. (Chang, Diana)
May 25, 2016 Filing 10 NOTICE of Appearance by Diana A. Chang on behalf of Ford Motor Company (Chang, Diana)
May 2, 2016 Filing 9 NOTICE of Appearance by Steven H. Blatt on behalf of W.S. Hinkley & Sons, Inc. (Blatt, Steven)
April 28, 2016 Filing 8 Letter in response to #5 Notice of Atty requirement from Charles Gallaer, Esq. stating he will not be representing Pltf. (sfp, )
April 22, 2016 Filing 7 ANSWER to Complaint by Ford Motor Company.(Zucker, Elliott)
April 21, 2016 Filing 6 NOTICE of Appearance by Shaun M. Malone on behalf of W.S. Hinkley & Sons, Inc. (Malone, Shaun)
April 18, 2016 Filing 5 NOTICE of Admission Requirement as to Party W.S. Hinkley & Sons. Inc.; Attorney Charles Gallaer. Phone number is (516) 873-3000. Admissions due by 5/2/2016. [Served by mail.](sfp, )
April 18, 2016 Filing 4 G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 6/17/2016 at 10:30 AM in Binghamton before Magistrate Judge David E. Peebles. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 6/10/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) [Served by mail.] (sfp, )
April 18, 2016 ***Answer due date updated for Ford Motor Company answer due 4/22/2016. (sfp, )
April 15, 2016 Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Ford Motor Company. (sfp, )
April 15, 2016 Filing 2 STATE COURT COMPLAINT. (sfp, )
April 15, 2016 Filing 1 NOTICE OF REMOVAL from Delaware County Supreme Court, case number 2016-255 (Filing fee $400 receipt number 3642995) filed by Ford Motor Company. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(sfp, )

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Defendant: Ford Motor Company
Represented By: James M. Campbell, Sr.
Represented By: Stephen M. Bledsoe
Represented By: Peter J. Veysey, Jr.
Represented By: Elliott J. Zucker
Represented By: Diana A. Chang
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Plaintiff: W.S. Hinkley & Sons, Inc.
Represented By: Shaun M. Malone
Represented By: Steven H. Blatt
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Not classified by court: Allen Hurkin-Torres
Represented By: Allen Hurkin-Torres
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