Jeffrey's Auto Body, Inc. v. State Farm Fire and Casualty Company et al
| Jeffrey's Auto Body, Inc. |
| State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty Company |
| 5:2021cv00101 |
| January 28, 2021 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Lawrence E Kahn |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on March 22, 2021. A more recent docket listing may be available from PACER.
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Filing 20
TEXT ORDER: In light of the parties' clarification that Plaintiff seeks to file an unopposed motion to amend the complaint, see Dkt. No. 19, Plaintiff is instructed to file a formal motion to amend, with the proposed amended complaint attached within 30 days (by 4/21/2021). Signed by Senior Judge Lawrence E. Kahn on March 22, 2021. (sas)
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| Filing 19 NOTICE by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company re 18 Order,,, (Johnson, Cassandra) |
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Filing 18
TEXT ORDER: Having reviewed Plaintiff's letter brief, Dkt. No 17, the Court is unsure whether the parties request approval of a settlement agreement. The Court has authority to bind the parties to an agreement by which Defendants will not move to dismiss under Federal Rule of Civil Procedure 12(b)(6) if Plaintiff does not assert certain claims. See, e.g., Torres v. Int'l Hotels (Jamaica) Ltd., No. 04-CV-61729, 2007 WL 2254929, at *4 (S.D. Fla. Aug. 3, 2007); Clinton v. Marshall, No. 08-CV-4178, 2018 WL 1449387, at *3 (C.D. Cal. Mar. 5, 2018); Robar v. Village of Potsdam Board of Trustees, No. 20-CV-972, Dkt. No. 23 (N.D.N.Y. Oct. 14, 2020) (Kahn, J.). The parties are ORDERED to submit a joint letter, by March 22, 2021, specifying whether the parties seek to be bound by their agreement, or simply seek to inform the Court that Plaintiff requests leave to amend and that the request is unopposed. Signed by Senior Judge Lawrence E. Kahn on March 19, 2021. (sas)
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| Filing 17 LETTER BRIEF Request to Amend by Jeffrey's Auto Body, Inc.. (Kretschman, Brenda) |
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Filing 16
LETTER REQUEST & ORDER granting Atty. B. Kretschman's #15 Request for an extension of the motion deadlines re: #11 MOTION to Dismiss for Failure to State a Claim. Response to Motion due by 3/25/2021. Reply to Response to Motion due by 4/1/2021. Signed by Senior Judge Lawrence E. Kahn on March 10, 2021. (sas)
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| Filing 15 Letter Motion from Brenda L. Kretschman for Jeffrey's Auto Body, Inc. requesting Extension to respond to Motion to Dismiss submitted to Judge Therese W. Dancks . (Kretschman, Brenda) |
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Filing 14
TEXT ORDER granting #13 Letter Request. The 3/15/2021 Rule 16 Conference and the associated deadlines are adjourned at this time without new date. The conference will be reset, if necessary, once the District Court has issued a ruling on the Motion to Dismiss. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/9/2021. (sg)
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| Filing 13 Letter Motion from Cassandra K. Johnson for State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company requesting Adjournment of Case Management Conference submitted to Judge Therese W. Dancks . (Johnson, Cassandra) |
| Filing 12 NOTICE of Appearance by Cassandra Kerkhoff Johnson on behalf of State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company (Johnson, Cassandra) |
| Filing 11 MOTION to Dismiss for Failure to State a Claim Response to Motion due by 3/11/2021. Reply to Response to Motion due by 3/18/2021 filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Memorandum of Law) (Wohlstadter, David) |
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Filing 10
TEXT ORDER granting #9 Motion for Limited Admission Pro Hac Vice of Cassandra Johnson, Esq. for Defendants. 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 2/16/2021. (sg)
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| Filing 9 MOTION for Limited Admission Pro Hac Vice of Cassandra K. Johnson Filing fee $100, receipt number ANYNDC-5416997. filed by State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Attachments: #1 Declaration of Sponsor, #2 Attorney Registration Form, #3 Petition for Admission to Practice, #4 Certificate of Good Standing, #5 Proposed Order) Motions referred to Therese Wiley Dancks. (Wohlstadter, David) |
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Filing 8
TEXT ORDER: The Court notes that Plaintiff has indicated in the civil cover sheet that this case is related to an earlier filed case, No. 5:20-CV-33. Dkt. No. 1-3. The Court agrees and acknowledges that this case was properly assigned as related. Signed by Senior Judge Lawrence E. Kahn on February 03, 2021. (sas)
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Filing 7
TEXT ORDER granting Defendants' #6 Letter Request for extension of time to respond to the complaint. State Farm Fire and Casualty Company and State Farm Mutual Automobile Insurance Company answer due 2/18/2021. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/3/2021. (sg)
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| Filing 6 Letter Motion from David C. Wohlstadter for State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company requesting Extension of Time to Respond to the Complaint submitted to Judge Therese W. Dancks . (Wohlstadter, David) |
| Filing 5 NOTICE of Admission Requirement as to Party Defendants; Attorney Cassandra K. Johnson, Email address is cassie.johnson@alston.com. Phone number is 404-881-7000. Admissions due by 2/12/2021. [Copy served upon attorney by email on 1/29/2021](kmc) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Telephone Rule 16 Conference set for 3/15/2021 at 9:30 AM 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 3/8/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) [Copy served upon attorney Brenda L. Kretschman by email on 1/29/2021](kmc) Modified on 1/29/2021 to add that the GO 25 was emailed to plaintiff's attorney. (kmc) |
| ***Answer due date set for State Farm Fire and Casualty Company answer due 2/4/2021; State Farm Mutual Automobile Insurance Company answer due 2/4/2021. (kmc) |
| Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by State Farm Fire and Casualty Company identifying Corporate Parent State Farm Mutual Automobile Insurance Company for State Farm Fire and Casualty Company. (kmc) |
| Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by State Farm Fire and Casualty Company and State Farm Mutual Automobile Insurance Company. (kmc) |
| Filing 1 NOTICE OF REMOVAL from Onondaga County Supreme Court, case number 007563/2020 (Filing fee $402 receipt number ANYNDC-5398743) filed by State Farm Fire and Casualty Company and State Farm Mutual Automobile Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(kmc) |
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