Hellman et al v. Bombardier Recreational Products, Inc. et al
| Jeffrey Hellman and Karen Hellman |
| BRP, Inc., Bombardier Recreational Products, Inc., BRP US, Inc. and Andre & Son Power Sports, LLC |
| Mark W. Davenport and Natalie C. Davenport |
| 3:2022cv00071 |
| January 26, 2022 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Miroslav Lovric |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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| Filing 47 TEXT ORDER finding as moot #39 Motion to Dismiss for Lack of Personal Jurisdiction: In light of the Stipulation and Order of Dismissal entered in this case on March 23, 2022, the Motion to Dismiss [dkt. No. 39] is deemed MOOT. Signed by U.S. District Judge Mae A. D'Agostino on 3/23/22. (ban) |
Filing 46
ORDER granting #45 Stipulation of Dismissal filed by Jeffrey Hellman, as to BRP, Inc. ONLY and Amending the Case Caption. Signed by U.S. District Judge Mae A. D'Agostino on 3/23/22. (Attachments: #1 Stipulation)(ban)
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| Filing 45 STIPULATION of Dismissal regarding BRP, Inc., and the pending motion to dismiss on jurisdictional grounds by Jeffrey Hellman submitted to Judge Lovrik. (Attachments: #1 Proposed Order/Judgment)(Papayanakos, Peter) |
| Filing 44 STATUS REPORT regarding Plaintiffs' position to the Motion to Dismiss submitted by BRP, Inc., by Jeffrey Hellman. (Papayanakos, Peter) |
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Filing 43
ORDER granting #42 Stipulation. The time period for a response from BRP, Inc., to the Crossclaim of Andre & Son Power Sports, LLC., shall be extended until twenty (20) days after resolution of the jurisdictional challenges filed by BRP, Inc. Signed by Magistrate Judge Miroslav Lovric on 3/16/2022. (jdp )
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| Filing 42 STIPULATION of the parties to extend the time for BRP, Inc. to respond to the Crossclaim by Andre & Son Power Sports, LLC, BRP, Inc. submitted to Judge Miroslav Lovric. (Attachments: #1 Proposed Order/Judgment)(Trischler, Clem) |
| Filing 41 NOTICE of Appearance by Kimberlee N. DeFazio on behalf of BRP, Inc. (DeFazio, Kimberlee) |
| Filing 40 NOTICE of Appearance by Clem C. Trischler on behalf of BRP, Inc. (Trischler, Clem) Modified on 3/14/2022 to edit docket text to show that BRP, Inc is the filer (ztc, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #40 Notice of Appearance and #39 Motion to Dismiss for Lack of Personal Jurisdiction, Clerk edited the docket text to reflect that BRP, Inc. was the filer of these docket entries not BRP US, Inc. (ztc, ) |
| Filing 39 MOTION to Dismiss for Lack of Personal Jurisdiction Pursuant to Rule 12(B)(2) filed by BRP, Inc.. Motion returnable before Judge Mae A. D'Agostino Response to Motion due by 4/1/2022. Reply to Response to Motion due by 4/8/2022 (Attachments: #1 Memorandum of Law, #2 Declaration A, #3 Proposed Order/Judgment) (Trischler, Clem) Modified on 3/14/2022 to edit docket text to show that BRP, Inc was the filer (ztc, ). |
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Filing 38
TEXT ORDER: The Rule 16 Initial Conference is continued to 4/5/2022 at 10:00 a.m., via telephone conference. All counsel are directed to join the telephone conference. Any amended case management plan shall be filed by 3/29/2022. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/2/2022. (jdp )
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an initial conference was held on 3/2/2022. The Court and parties discussed the status of several Defendants who have not yet appeared or responded to the amended complaint #16 . The Rule 16 conference is continued to 4/5/2022 at 10:00 a.m., via telephone conference. Appearances: J. Cherundolo, Esq., P. Papayanakos, Esq., for the Plaintiffs; C. Trischler, Esq., K. DeFazio, Esq., for Defendants BRP US, Inc. and Bombardier Recreational Products, Inc.; and K. Hulslander, Esq., for Defendant Andre & Son Power Sports, LLC. (jdp ) |
| Filing 37 AFFIDAVIT of Service for Summons and Complaint served on Natalie Davenport on February 12, 2022, filed by Jeffrey Hellman. (Papayanakos, Peter) |
| Filing 36 AFFIDAVIT of Service for Summons and Complaint served on Mark Davenport on February 12, 2022, filed by Jeffrey Hellman. (Papayanakos, Peter) |
| ***Answer due date updated for Mark W. Davenport answer due 3/7/2022; Natalie C. Davenport answer due 3/7/2022. (ztc, ) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #35 Answer to Crossclaim, Clerk edited the docket text to reflect the correct Cross Claims that are being answered, Counsel linked it to the incorrect docket number. (ztc, ) |
| Filing 35 ANSWER to #34 Answer to Amended Complaint, Crossclaim of Andre & Son Power Sport, LLC by BRP US, Inc., Bombardier Recreational Products, Inc..(Trischler, Clem) Modified on 3/1/2022 to edit docket text to reflect the correct Cross Claims that are being answered (ztc, ). |
| Filing 34 ANSWER to #16 Amended Complaint , CROSSCLAIM against BRP US, Inc., BRP, Inc., Bombardier Recreational Products, Inc. Mark W. Davenport, and Natalie C. Davenport by Andre & Son Power Sports, LLC.(Hulslander, Kevin) Modified on 2/28/2022 to include in docket text both Davenport Defendants as Cross Defendants. (ztc, ). |
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Filing 33
TEXT ORDER TO STRIKE NOTICE #32 : Defendants Bombardier Recreational Products, Inc. and BRP US, Inc. Notice #32 is stricken from the docket and will not be considered by the court. The Clerk of the Court is directed to strike Notice #32 . This filing violates N.D.N.Y. L.R. 26.2. The court does not accept the filing of discovery materials, such as, Interrogatories, Document Requests, Discovery Responses, etc., unless the court specifically directs such documents be filed or when submitted in support of a motion filed pursuant to Rule 37 of the Federal Rules of Civil Procedure. Since the court has not directed the filing of correspondence related to discovery in this action, nor are Defendants submissions in support of a motion filed pursuant to Rule 37, neither discovery related materials nor certificates of service regarding the same are to be filed with the Court. This filing is stricken from the docket and will not be considered by the court. SO ORDERED by Magistrate Judge Miroslav Lovric on 2/28/2022. (jdp )
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| CLERK'S CORRECTION OF DOCKET ENTRY re #34 Answer to Amended Complaint,, Crossclaim, Clerk edited docket text to include both Davenport Defendants as Cross Defendants. (ztc, ) |
| ***Answer to #34 CROSS CLAIM due date updated for BRP US, Inc. answer due 3/21/2022; Bombardier Recreational Products, Inc. answer due 3/21/2022. (ztc, ) |
| Filing 32 ***STRICKEN PURSUANT TO THE COURTS 33 ORDER*** NOTICE by Bombardier Recreational Products, Inc. of Service of Defendants' Discovery Demands (Trischler, Clem) Modified on 2/28/2022 (jdp, ). |
| Filing 31 AFFIDAVIT of Service for Original Summons and Complaint served on Marie-Josee Simard, Legal Assistant at BRP, Inc. a/k/a Bombardier Recreational Products, Inc. on January 12, 2022, filed by Jeffrey Hellman, Karen Hellman. (Cherundolo, John) |
| Filing 30 AFFIDAVIT of Service for Amended Summons and Amended Complaint served on Marie-Josee Simard, Legal Assistant at BRP, Inc. on February 16, 2022, filed by Jeffrey Hellman, Karen Hellman. (Cherundolo, John) |
| Filing 29 AFFIDAVIT of Service for Original Summons and Complaint served on Don Hawkins, Corporate Officer of Andre & Son Power Sports, LLC on February 8, 2022, filed by Jeffrey Hellman, Karen Hellman. (Cherundolo, John) |
| ***Answer due date updated for BRP, Inc. answer due 3/11/2022. (ztc, ) |
| Filing 28 CIVIL CASE MANAGEMENT PLAN Proposed by Jeffrey Hellman. (Papayanakos, Peter) |
| Filing 27 ANSWER to #16 Amended Complaint , CROSSCLAIM against Mark W. Davenport, Natalie C. Davenport by Bombardier Recreational Products, Inc., BRP US, Inc..(Trischler, Clem) |
| ***Answer to Cross Claim due date updated for BRP US, Inc. answer due 3/14/2022; Answer to Cross Claim due date updated for Bombardier Recreational Products, Inc. answer due 3/14/2022. (ztc, ) |
| Filing 26 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Andre & Son Power Sports, LLC. (Hulslander, Kevin) |
| Filing 25 ANSWER to Complaint , CROSSCLAIM against BRP US, Inc., BRP, Inc., Bombardier Recreational Products, Inc., Mark W. Davenport, Natalie C. Davenport by Andre & Son Power Sports, LLC.(Hulslander, Kevin) |
| Filing 24 NOTICE of Appearance by Kevin E. Hulslander on behalf of Andre & Son Power Sports, LLC (Hulslander, Kevin) |
| Filing 23 AMENDED DOCUMENT by Bombardier Recreational Products, Inc.. Amendment to #22 Notice of Appearance of Clem C. Trischler. (Trischler, Clem) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #15 Answer to Complaint,, Crossclaim, Clerk modified docket text to reflect the correct parties that filed the Answer and Cross Claim. (ztc, ) |
| CLERK'S CORRECTION OF DOCKET ENTRY regarding the Answer Deadline to Amended Complaint docket entry, Clerk modified docket text to show that the answer deadline of 2/22/2022 is only set for Bombardier Recreational Products, Inc. and BRP US, Inc.. BRP, Inc's answer deadline was inadvertently set by the Clerk. (ztc, ) |
| Filing 22 NOTICE of Appearance by Clem C. Trischler on behalf of BRP US, Inc., BRP, Inc., Bombardier Recreational Products, Inc. (Trischler, Clem) |
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Filing 21
ORDER granting #7 Motion for Limited Admission Pro Hac Vice. 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 Miroslav Lovric on 2/8/2022. (jdp )
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| Filing 20 Summons Issued as to BRP, Inc. (ztc, ) |
| Filing 19 AFFIDAVIT of Service for Notice of Removal, Attachments 1-5, General Filing Order with accompanying papers AMENDED served on Natalie C. Davenport on 1-28-2022, filed by BRP US, Inc., BRP, Inc.. (DeFazio, Kimberlee) |
| Filing 18 AFFIDAVIT of Service for Notice of Removal, Attachments 1-5, General Filing Order with accompanying papers AMENDED served on Mark W. Davenport on 1-28-2022, filed by BRP US, Inc., BRP, Inc.. (DeFazio, Kimberlee) |
| Filing 17 AFFIDAVIT of Service for Notice of Removal, Attachments 1-5, General Filing Order with accompanying papers AMENDED served on Andre & Son Powersports, LLC on 1-28-2022, filed by BRP US, Inc., BRP, Inc.. (DeFazio, Kimberlee) |
| Filing 16 AMENDED COMPLAINT adding BRP, Inc. as a standalone defendant against All Defendants filed by Karen Hellman, Jeffrey Hellman. (Attachments: #1 Proposed Summons)(Papayanakos, Peter) |
| ***Answer due date updated for the Amended Complaint for BRP US, Inc. answer due 2/22/2022; Bombardier Recreational Products, Inc. answer due 2/22/2022. (ztc, ) Modified on 2/10/2022 to modify docket text to show that the answer deadline is only set for Bombardier Recreational Products, Inc. and BRP US, Inc. (ztc, ). |
| Filing 15 ANSWER to Complaint , CROSSCLAIM against Mark W. Davenport, Natalie C. Davenport by BRP US, Inc., and Bombardier Recreational Products, Inc.(DeFazio, Kimberlee) Modified on 2/10/2022 to update docket text as to which parties filed the Answer and Cross Claim(ztc, ). |
| Filing 14 NOTICE of Appearance by Peter C. Papayanakos on behalf of All Plaintiffs (Papayanakos, Peter) |
| Filing 13 AFFIDAVIT of Service for Summons and Complaint served on BRP US, Inc. on 1/21/2022, filed by Jeffrey Hellman, Karen Hellman. (Cherundolo, John) |
| Filing 12 CLERK'S CORRECTION OF DOCKET ENTRY : Defendant's counsel contacted clerk regarding in error regarding #9 Affidavit of Service, advising that they should have made it clear on the docket that Don Hawkins was a person authorized to accept service. Clerk corrected docket entry to reflect such. (jdp ) |
| Filing 11 AFFIDAVIT of Service for Notice of Removal, Attachments 1-5, General Filing Order with accompanying papers served on Natalie C. Davenport on 1-28-2022, filed by BRP US, Inc., BRP, Inc.. (DeFazio, Kimberlee) |
| Filing 10 AFFIDAVIT of Service for Notice of Removal, Attachments 1-5, General Filing Order with accompanying papers served on Mark W. Davenport on 1-28-2022, filed by BRP US, Inc., BRP, Inc.. (DeFazio, Kimberlee) |
| Filing 9 AFFIDAVIT of Service for Notice of Removal, Attachments 1-5, General Filing Order with accompanying papers served on Andre & Son, Authorized Repersentative, Don Hawkins, General Manager on 1-28-2022, filed by BRP US, Inc., BRP, Inc.. (DeFazio, Kimberlee) Modified on 2/1/2022 (jdp, ). |
| Filing 8 CERTIFICATE OF SERVICE by BRP US, Inc., BRP, Inc. re #3 G.O. 25 Filing Order, #1 Notice of Removal, (DeFazio, Kimberlee) |
| Filing 7 MOTION for Limited Admission Pro Hac Vice of Clem C. Trischler Filing fee $100, receipt number ANYNDC-5787995. (Attachments: #1 Proposed Order/Judgment, #2 Exhibit(s) Petition for Admission, #3 Exhibit(s) Declaration of Sponsor, #4 Exhibit(s) Cert. of Good Standing (PA), #5 Exhibit(s) Cert. of Good Standing (WV), #6 Exhibit(s) Efiling Registration) Motions referred to Miroslav Lovric. (DeFazio, Kimberlee) |
| Filing 6 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. (ztc, ) |
| Filing 5 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by BRP US, Inc., and BRP, Inc. also known as Bombardier Recreational Products, Inc. identifying Corporate Parent BRP, Inc. for BRP US, Inc., BRP, Inc. also known as Bombardier Recreational Products, Inc. (ztc, ) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party BRP, Inc. and BRP US, Inc.; Attorney Clem C. Trischler, Esq., Email address is cct@pietragallo.com. Phone number is 412-263-2000. Admissions due by 2/9/2022. (ztc, ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 3/2/2022 01:30 PM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/23/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc, ) |
| Filing 2 STATE COURT SUMMONS AND COMPLAINT filed by Plaintiffs in NYS Supreme Court, Tioga County. (ztc, ) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court, Tioga County, case number 2021-00062231 (Filing fee $402 receipt number ANYNDC-5783449) filed by BRP US, Inc., BRP, Inc. (Attachments: #1 Exhibit A- State Court Complaint, #2 Exhibit B- Notice of Consent to Removal, #3 Exhibit C- Notice of Electronic Filings, Summons, and State Court Complaint, #4 Exhibit D- Rule 7.1 Corporate Disclosure Statement, #5 Civil Cover Sheet)(ztc, ) |
| ***Answer due date updated for BRP US, Inc. answer due 2/2/2022; BRP, Inc. answer due 2/2/2022. (ztc, ) |
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