Freightliner Custom Chassis Corporation v. Landstar Ranger Inc. et al
| Freightliner Custom Chasis Corporation and Freightliner Custom Chassis Corporation |
| Rose's Mobile 1 Enterprises LTD, Landstar Ranger Inc. and Aaron Gillis |
| 8:2020cv01390 |
| November 10, 2020 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Frederick J Scullin |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Both |
Docket Report
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Filing 50
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: It is hereby stipulated and agreed by and between the undersigned counsel that the captioned matter, and all claims, crossclaims and counterclaims asserted therein, be and hereby is dismissed with prejudice with each party to bear its own costs. Signed by Senior Judge Frederick J. Scullin, Jr on July 21, 2022. (rep)
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| Filing 49 STATUS REPORT by Freightliner Custom Chassis Corporation. (Saville, James) |
| Filing 48 STIPULATION of Dismissal by Freightliner Custom Chassis Corporation submitted to Judge Scullin. (Saville, James) |
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Filing 47
TEXT ORDER: The Court is in receipt of the #46 Status Report. The parties may have up to and including July 15, 2022 to file their Stipulation of Dismissal. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on July 5, 2022. (rep)
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| Filing 46 STATUS REPORT by Freightliner Custom Chassis Corporation. (Saville, James) |
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Filing 45
TEXT ORDER: On May 2, 2022, Plaintiff filed a Notice of Settlement in this case and advised that a Stipulation of Dismissal would be filed within thirty days. See Dkt. No. #44 . To date, a Stipulation has not been filed. Plaintiff is directed to file their Stipulation of Dismissal on the docket by 7/1/2022. IT IS SO ORDERED by Senior Judge Frederick J. Scullin, Jr on June 9, 2022. (rep)
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| Filing 44 NOTICE of Settlement by Freightliner Custom Chassis Corporation (Saville, James) |
| Filing 43 Text Minute Entry and new Conference Notice for proceedings held before Magistrate Judge Christian F. Hummel: The Initial Pretrial Conference was held, but continued on 4/15/2022. Appearances by telephone by James A. Saville, Jr., Esq. for plaintiff; Pauline Will, Esq. for Deft Landstar Ranger, Inc.; William R. Bennett, III, Esq. for Deft Rose's Mobile 1 Enterprises, LTD. Counsel for all parties agree that an adjournment of the Rule 16 and the setting of deadlines should be adjourned by a few weeks. The Court resets the Conference. The Initial Conference is reset for 5/2/2022 @ 11:00 AM before Magistrate Judge Christian F. Hummel. Any amendment to the civil case management plan, if necessary, is to be filed by 4/28/2022. The conference on 5/2/2022 @ 11:00 am will be conducted by telephone and counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call. (tab) |
| Filing 42 CIVIL CASE MANAGEMENT PLAN Proposed by Freightliner Custom Chassis Corporation. (Saville, James) |
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Filing 41
TEXT ORDER approving #39 Stipulation for Substitution of Counsel filed by Freightliner Custom Chassis Corporation. [Attorney Kevin A. Szanyi; Steven R. Hamlin and Thomas S. Lane terminated]. Authorized by Magistrate Judge Christian F. Hummel on 4/6/2022. (tab)
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| Filing 40 NOTICE of Appearance by James A. Saville, Jr on behalf of Freightliner Custom Chassis Corporation (Saville, James) |
| Filing 39 STIPULATION Substitution of Counsel by Freightliner Custom Chassis Corporation. (Saville, James) |
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Filing 38
TEXT ORDER granting #37 Letter Motion from Freightliner Custom Chassis Corporation requesting Adjournment of Initial Conference and extension to corresponding deadlines : The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 4/8/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The Initial Conference is reset for Friday, 4/15/2022 @ 10:00 AM. The conference will be conducted by telephone and counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call. Authorized by Magistrate Judge Christian F. Hummel on 2/28/2022. (tab)
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| Filing 37 Letter Motion from Freightliner Custom Chassis Corporation for Freightliner Custom Chassis Corporation requesting Adjournment of Initial Conference and extension to corresponding deadlines submitted to Judge Hummel . (Hamlin, Steven) |
| Filing 36 ANSWER to #34 Answer to Complaint,, Crossclaim, ANSWER to Crossclaim by Rose's Mobile 1 Enterprises LTD.(Bennett, William) |
| Filing 35 ANSWER to Complaint ANSWER to Amended Complaint with Affirmative Defenses and Jury Demand by Rose's Mobile 1 Enterprises LTD.(Bennett, William) |
| Filing 34 ANSWER to #23 Amended Complaint, (Amended Complaint), CROSSCLAIM against Aaron Gillis, Rose's Mobile 1 Enterprises LTD by Landstar Ranger Inc..(Cantone, Peter) Modified on 2/11/2022 to reflect the proper document answered (gmd, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #34 Answer to Complaint: Clerk changed the docket text to link and reflect the proper document answered. From 'Answer to Complaint' to 'Answer to Amended Complaint'. (gmd, ) |
| Filing 33 NOTICE of Appearance by Pauline Will on behalf of Landstar Ranger Inc. (Will, Pauline) |
| Filing 32 COURT NOTICE of Conference: The Initial Conference has been set for 3/11/2022 @ 10:30 AM before Magistrate Judge Christian F. Hummel. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/4/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The conference will be conducted by telephone and counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.(tab) |
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Filing 31
MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Defendant Landstar's motion to dismiss Plaintiff's amended complaint, see Dkt. No. #17 , is DENIED; and the Court further ORDERS that this matter is referred to Magistrate Judge Hummel for all further pretrial matters. Signed by Senior Judge Frederick J. Scullin, Jr on January 27, 2022. (rep)
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| ***Answer due date updated for Landstar Ranger Inc. answer to Amended Complaint due 2/11/2022; Rose's Mobile 1 Enterprises LTD answer to Amended Complaint due 2/11/2022. (tab) |
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Filing 30
TEXT ORDER granting #29 Motion to Withdraw as Attorney. Attorney Timothy W. Salter terminated. (The clerk is directed to turn the NEF notifications off following the entry of this text Order). Authorized by Magistrate Judge Christian F. Hummel on 3/2/2021. (tab)
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| Filing 29 MOTION to Withdraw as Attorney filed by Timothy W. Salter Response to Motion due by 3/19/2021 filed by Rose's Mobile 1 Enterprises LTD. (Attachments: #1 Exhibit(s) Proposed Order) Motions referred to Christian F. Hummel. (Salter, Timothy) |
| Filing 28 NOTICE of Appearance by William R Bennett, III on behalf of Rose's Mobile 1 Enterprises LTD (Bennett, William) |
| Filing 27 REPLY to Response to Motion re #17 MOTION to Dismiss for Failure to State a Claim filed by Landstar Ranger Inc.. (Cantone, Peter) |
| Filing 26 CERTIFICATE OF SERVICE by Freightliner Custom Chassis Corporation re #25 Affidavit in Opposition to Motion, (Hamlin, Steven) |
| Filing 25 AFFIDAVIT in Opposition re #17 MOTION to Dismiss for Failure to State a Claim (Declaration of Steven Hamlin, Esq. dated 2/8/21 with Exhs A-C & MoL) filed by Freightliner Custom Chassis Corporation. (Attachments: #1 Exhibit(s) A (Works-Landstar Brief ISO) MTD, #2 Exhibit(s) B (Works-Landstar Reply Brief ISO MTD), #3 Exhibit(s) C (Works settlement), #4 Memorandum of Law (in opposition to Landstar Ranger's Inc.'s Motion to Dismss))(Hamlin, Steven) |
| Filing 24 CERTIFICATE OF SERVICE by Freightliner Custom Chassis Corporation re #23 Amended Complaint, (Hamlin, Steven) |
| Filing 23 AMENDED COMPLAINT (Freightliner Custom Chassis Corporation's Amended Complaint against Defendants Landstar Ranger, Inc., Rose's Mobile 1 Enterprises Ltd. and Aaron Gillis) against Freightliner Custom Chassis Corporation filed by Freightliner Custom Chassis Corporation. (Attachments: #1 Exhibit(s) A (Shipping-transport document))(Hamlin, Steven) |
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Filing 22
TEXT ORDER granting #19 Letter Request in that the Rule 16 Initial Conference scheduled for 2/9/2021 at 10:00 AM and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. Authorized by Magistrate Judge Christian F. Hummel on 1/26/2021. (tab)
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| Filing 21 CERTIFICATE OF SERVICE by Freightliner Custom Chassis Corporation re #20 Response to Motion,, (upon Defendant Aaron Gillis of Hamlin ltr Judge Hummel dated 1/25/21 [Dkt 20] (Hamlin, Steven) |
| Filing 20 RESPONSE to Motion re #19 Letter Motion from Peter D. Cantone, Esq. for Landstar Ranger Inc. requesting Stay of proceedings pending Landstar Ranger, Inc.'s Motion to Dismiss submitted to Judge Christian F. Hummel filed by Freightliner Custom Chassis Corporation. (Attachments: #1 Exhibit(s) Hamlin-Cantone 1/21/21 Email (which is referenced in Steven Hamlin's ltr to Judge Hummel in response to Defendant Landstar Rangers Inc.s request in Counsel 1/22/21 Ltr [Dkt 19] to adjourn the Rule 16 Conference and stay discovery and other proceedings in this matter pending disposition of Landstars pending Motion to Dismiss [Dkt 17]))(Hamlin, Steven) |
| Filing 19 Letter Motion from Peter D. Cantone, Esq. for Landstar Ranger Inc. requesting Stay of proceedings pending Landstar Ranger, Inc.'s Motion to Dismiss submitted to Judge Christian F. Hummel . (Cantone, Peter) |
| Filing 18 ANSWER to #1 Complaint, by Rose's Mobile 1 Enterprises LTD.(Salter, Timothy) |
| Filing 17 MOTION to Dismiss for Failure to State a Claim Response to Motion due by 2/8/2021. Reply to Response to Motion due by 2/16/2021 filed by Landstar Ranger Inc.. (Attachments: #1 Memorandum of Law) (Cantone, Peter) |
| Filing 16 COURT NOTICE of dial-in instructions for Chambers Teleconference: This case is scheduled for it's Initial Conference on 2/9/2020 @ 10:00 AM. This Court conference will be conducted by telephone and the parties are directed to dial in at 1-888-684-8852, enter Access code 9772719#, and use Security code 1234# to join the call. (tab) |
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Filing 15
TEXT ORDER granting #12 Letter Requestfrom Counsel for Rose's Mobile 1 Enterprises LTD requesting Requesting Defendant's Time to Answer the Complaint be Extended to January 20, 2021. Rose's Mobile 1 Enterprises LTD answer due 1/20/2021. Authorized by Magistrate Judge Christian F. Hummel on 1/13/2021. (tab)
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| Filing 14 CERTIFICATE OF SERVICE by Freightliner Custom Chassis Corporation re #13 FRCP 7.1 Corporate Disclosure Statement, (Hamlin, Steven) |
| Filing 13 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Freightliner Custom Chassis Corporation identifying Corporate Parent Daimler Trucks North America LLC, Corporate Parent Daimler Trucks and Buses US Holdings, Inc. for Freightliner Custom Chassis Corporation.. (Hamlin, Steven) |
| Filing 12 Letter Motion from Counsel for Rose's Mobile 1 Enterprises LTD requesting Requesting Defendant's Time to Answer the Complaint be Extended to January 20, 2021, with the Consent of Plaintiff's Counsel submitted to Judge Hon. Christian F. Hummel . (Salter, Timothy) |
| Filing 11 NOTICE of Appearance by Timothy W. Salter on behalf of Rose's Mobile 1 Enterprises LTD (Salter, Timothy) |
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Filing 10
TEXT ORDER granting #9 Letter Request to extend time to answer. Landstar Ranger Inc. answer due 1/20/2021. Authorized by Magistrate Judge Christian F. Hummel on 1/6/2021. (tab)
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| Filing 9 Letter Motion from Peter D. Cantone, Esq. for Landstar Ranger Inc. requesting Extension of Time to respond to Plaintiff's Complaint submitted to Judge Christian F. Hummel . (Cantone, Peter) |
| Filing 8 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Landstar Ranger Inc. identifying Corporate Parent Landstar System Holdings, Inc. for Landstar Ranger Inc... (Cantone, Peter) |
| Filing 7 NOTICE of Appearance by Peter D. Cantone on behalf of Landstar Ranger Inc. (Cantone, Peter) |
| Filing 6 AFFIDAVIT of Service for Summons & Complaint served on Rosie Mobile 1 on 12/4/20, filed by Freightliner Custom Chassis Corporation. (Lane, Thomas) |
| Filing 5 AFFIDAVIT of Service for Summons and Complaint served on Aaron Gillis on 12/6/20, filed by Freightliner Custom Chassis Corporation. (Lane, Thomas) |
| Filing 4 AFFIDAVIT of Service for Summons and Complaint served on Landstar Ranger Inc. on 11/25/20, filed by Freightliner Custom Chassis Corporation. (Lane, Thomas) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial In-Person Rule 16 Conference set for 2/9/2021 at 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/2/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
| Filing 2 Summons Issued as to Landstar Ranger Inc. (Attachments: #1 Summons issued for Rose's Mobile 1 Enterprises LTD, #2 Summons issued for Aaron Gillis) (jmb) |
| Filing 1 COMPLAINT WITH JURY DEMAND: against Landstar Ranger Inc., Rose's Mobile 1 Enterprises LTD and Aaron Gillis (Filing fee $400 receipt number ANYNDC-5311385) filed by Freightliner Custom Chasis Corporation. (Attachments: #1 Civil Cover Sheet) {Assignment Clerk verified with Attorney that the accident occurred in the Town of Lewis which is Essex County.} (jmb) |
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