Garrand Brothers, LLC v. BRP US Inc.
| Garrand Brothers, LLC doing business as Garrand's Motorsports |
| BRP US Inc. |
| 8:2022cv00368 |
| April 19, 2022 |
| US District Court for the Northern District of New York |
| Brenda K Sannes |
| Daniel J Stewart |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
Docket Report
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| Document Text |
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| Filing 16 MOTION to Withdraw as Attorney filed by Garrand Brothers, LLC. Response to Motion due by 7/8/2022 (Attachments: #1 Affirmation) Motions referred to Daniel J. Stewart. (Meyer, Justin) |
Filing 15
TEXT ORDER: The Court has scheduled a telephone conference for 7/1/2022 at 11:00AM in both 21-cv-01315 and 22-cv-00368, which are related cases, to discuss the Plaintiff's Attorney Justin R. Meyer's request to withdraw as Plaintiff's counsel in both cases as well as the pending motions to dismiss. Attorney Meyer has filed a Motion to Withdraw as Attorney in Case No. 21-cv-01315, Dkt. No. 26, but has not filed proof of service on Plaintiff. See N.D.N.Y. L.R. 11.1(b) ("An attorney who has appeared may withdraw only upon notice to the client and all parties to the case."). In addition, although Attorney Meyer has indicated an intent to withdraw in Case No. 22-cv-00368, Dkt. No. 10, he has not filed a motion to withdraw in that action. Therefore, Attorney Meyer is directed to file the Motion to Withdraw in Case No. 22-cv-00368, by 6/21/2022 and file proof of service of the Motions to Withdraw on the Plaintiff in both cases, by 6/24/2022. SO ORDERED by Judge Brenda K. Sannes on 6/14/2022. (nmk)
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| TEXT NOTICE of Hearing: A Telephone Conference is set for 7/1/2022 at 11:00 AM before Judge Brenda K. Sannes. Both Attorney Justin Meyer and a representative for plaintiff Garrand Brothers, LLC shall be present for the conference. The parties are directed to dial 315-691-0477 and use ID 521 993 43 to connect to the call. [Copy served upon plaintiff via regular mail.] (nmk) |
| Filing 14 RESPONSE TO LETTER BRIEF filed by BRP US Inc. as to #13 Letter Request/Motion filed by Garrand Brothers, LLC . (Smith, Owen) |
| Filing 13 Letter Motion from Geoffrey Garrand for Garrand Brothers, LLC requesting an extension of time due to removal of local counsel submitted to Judge Brenda K. Sannes. (pjh, ) |
| Filing 12 Letter Motion from Owen H. Smith for BRP US Inc. requesting Ruling on BRP's Motion to Dismiss (ECF 6) submitted to Judge Brenda K. Sannes . (Smith, Owen) |
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Filing 11
TEXT ORDER: In light of the #10 Letter, a motion to withdraw as counsel shall be filed by 5/23/2022. SO ORDERED by Judge Brenda K. Sannes on 5/18/2022. (nmk)
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| Filing 10 Letter Motion from Justin R. Meyer, Esq. for Garrand Brothers, LLC requesting Temporary Stay of Deadlines submitted to Judge Brenda K. Sannes . (Meyer, Justin) |
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Filing 9
TEXT ORDER: On April 28, 2022, Defendant filed a Letter Request seeking a conference to discuss the parties' joint request to adjourn the initial conference in this matter. Dkt. No. #8 . The Court does not find a conference to be necessary, therefore, the request is DENIED. In light of the pending motion to dismiss, the Rule 16 Initial Conference scheduled for May 20, 2022 before the undersigned and the deadline for the parties to file a proposed Civil Case Management Plan and exchange Mandatory Disclosure are ADJOURNED without date at this time. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/4/2022. (mab)
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| Filing 8 Letter Motion from Owen H. Smith for BRP US Inc. requesting Telephonic Court Conference submitted to Judge Daniel J. Stewart . (Smith, Owen) |
| Filing 7 CERTIFICATE OF SERVICE by BRP US Inc. re #3 G.O. 25 Filing Order, #1 Notice of Removal (Smith, Owen) |
| Filing 6 MOTION to Dismiss for Failure to State a Claim filed by BRP US Inc.. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 5/13/2022. Reply to Response to Motion due by 5/20/2022 (Attachments: #1 Memorandum of Law, #2 Exhibit(s) A - BRP Declaration of Counsel (2022 Lawsuit)) (Smith, Owen) |
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Filing 5
TEXT ORDER: granting Direct Assignment. The cases are deemed related. SO ORDERED by Judge Brenda K. Sannes on 4/21/2022. (nmk)
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| Filing 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by BRP US Inc. identifying Corporate Parent Bombardier Recreational Products, Inc., Corporate Parent BRP Inc. for BRP US Inc... (Smith, Owen) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/20/2022 at 9:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/13/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, ) |
| TEXT Notice pursuant to General Order 12 of Potential Related Case(s), submitted to District Judge for review and determination. Potential Related cases: 8:21-cv-1315 (BKS/DJS). (pjh, ) |
| ***Answer due date updated for BRP US Inc. answer due 4/27/2022. (pjh, ) |
| Filing 2 STATE COURT COMPLAINT filed by Plaintiff(s) in Clinton County Supreme Court. (pjh, ) |
| Filing 1 NOTICE OF REMOVAL from Clinton County Supreme Court, case number 2022-00021940 (Filing fee $402 receipt number ANYNDC-5876382) filed by BRP US Inc. (Attachments: #1 Exhibit 1 - State Court Record, #2 Civil Cover Sheet)(pjh, ) |
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| Plaintiff: Garrand Brothers, LLC doing business as Garrand's Motorsports | |
| Represented By: | Justin R. Meyer |
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| Defendant: BRP US Inc. | |
| Represented By: | Owen Smith |
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