Simon v. FCA US LLC et al
| Matthew Simon |
| FCA US LLC, John Doe 1-10, ABC Corp 123 and FCA Group |
| 1:2018cv11690 |
| December 13, 2018 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1441 pl |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 4, 2019. A more recent docket listing may be available from PACER.
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Filing 22
STIPULATION TO AMEND CAPTION: IT IS HEREBY STIPULATED AND AGREED, that the above caption is amended to delete FCA Group, as Defendant. The parties have stipulated to withdraw all allegations in the Complaint referring to Defendant FCA Group as named Defendant. The Clerk of Court is directed to modify the caption of this case to confirm with the modified caption that the parties provide in the stipulation. SO ORDERED. (FCA Group terminated.) (Signed by Judge Gregory H. Woods on 2/4/2019) (anc)
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| Filing 21 LETTER addressed to Judge Gregory H. Woods from Jessica L. Gross dated 01/31/19 re: Stipulation to Amend Caption. Document filed by FCA US LLC. (Attachments: #1 Stipulation to Amend Caption)(Gross, Jessica) |
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Filing 20
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Except for amendments permitted by Fed. R. Civ. P. 15(a)(1) and this Court's Individual Rules of Practice in Civil Cases ("Individual Rules"), amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the dare of this Order. Fact Discovery due by 6/28/2019. Depositions due by 4/18/2019. Expert Discovery due by 8/15/2019. Motions due by 9/16/2019. The joint pretrial order shall be due 30 days from the close of discovery, or if any dispositive motion is filed, 21 days from the Court's decision on such motion. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 1 1/2 weeks. Status Conference set for 8/29/2019 at 04:30 PM before Judge Gregory H. Woods. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/30/2019) (anc)
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 1/30/2019. (Court Reporter Kristen Carannante) (Daniels, Anthony) |
| Received Return Receipt of #17 Order, as to Matthew Simon, which was served by Certified Mail # 70172680000010259941, on 1/19/2019. (vn) |
| Filing 19 LETTER addressed to Judge Gregory H. Woods from Jessica L. Gross dated 1/23/19 re: Notice of Initial Pretrial Conference and Judge Woods' Individual Rules. Document filed by FCA US LLC.(Gross, Jessica) |
| Received Return Receipt of #14 Order for Initial Pretrial Conference, #15 Order, Set Deadlines, as to Matthew Simon, which was served by Certified Mail # 70172680000010259880, on 1/15/2019. (vn) |
| Filing 18 LETTER addressed to Judge Gregory H. Woods from Matthew C. Simon, Esq. dated 1/10/2019 re: This letter confirms that Plaintiff will not be making a motion to remand this case. Document filed by Matthew Simon.(anc) |
| Mailed a copy of #17 Order, to Matthew Simon 19 Carteret Street Montclair, Nj 07043 by Certified Mail #: 7017 2680 0000 1025 9941. (aea) Modified on 1/16/2019 (aea). |
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Filing 17
ORDER: On January 7, 2019, the Court granted Plaintiff leave to file a motion to remand. Dkt. No. 15. The Court ordered Plaintiff to submit his motion by January 14, 2019. Id. That date has passed and Plaintiff has not submitted his motion. Accordingly, the Court understands that Plaintiff will not file such a motion. The Clerk of Court is directed to mail a copy of this order to Plaintiff by certified mail. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/15/2019) (js) Transmission to Docket Assistant Clerk for processing.
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| Received Return Receipt of Mail Order by Certified Mail as to Matthew Simon 19 Carteret Street Montclair, Nj 07043, which was served by Certified Mail # 7017 2680 0000 1025 9835, on 1/2/2019. (aea) |
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Filing 15
ORDER: For the reasons stated on the record during the teleconference held on January 4, 2019, Plaintiff is granted leave to file a motion to remand. Plaintiff's motion is due no later than January 14, 2019. Defendants' opposition is due no later than January 23, 2019. Plaintiff's reply, if any, is due no later than January 29, 2019. The Clerk of Court is directed to mail a copy of this order to Plaintiff by certified mail. ( Motions due by 1/14/2019., Responses due by 1/23/2019, Replies due by 1/29/2019.) (Signed by Judge Gregory H. Woods on 1/4/2019) (mro) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #14 Order for Initial Pretrial Conference, #15 Order, Set Deadlines, to Matthew Simon 19 Carteret Street Montclair, Nj 07043 by Certified Mail # 7017 2680 0000 1025 9880 with Return Receipt Requested. (aea) |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 1/4/2019. (Daniels, Anthony) |
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Filing 14
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/30/2019 at 02:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods; and as further set forth in this Order. The Clerk of Court is directed to mail a copy of this order to Plaintiff by certified mail. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/4/2019) (anc)
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| Transmission to Docket Assistant Clerk. Transmitted re: #14 Order for Initial Pretrial Conference to the Docket Assistant Clerk for case processing. (anc) |
| Filing 13 LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Matthew C. Simon, Esq. dated 12/27/2018 re: I am in receipt of Your Honor's Court Order, dated 12/19/2018. Please be advised that Plaintiff requests a trial by jury. Document filed by Matthew Simon.(anc) |
| Mailed a copy of #12 Memo Endorsement, Set Hearings, to Matthew Simon 19 Carteret Street Montclair, Nj 07043 by certified mail # 7017 2680 0000 1025 9835 with Return Receipt Requested. (aea) Modified on 12/28/2018 (aea). |
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Filing 16
STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (mro)
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Filing 12
MEMO ENDORSEMENT on re: #9 Letter. ENDORSEMENT: The Court has reviewed Plaintiff's letter. The Court will hold a teleconference regarding Plaintiff's letter motion on January 4, 2019 at 11:00 a.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. To the extent that this letter is presented as Plaintiff's motion to remand this case, Plaintiff is directed to comply in the future with the Court's Individual Rules, in particular Rule 2(C), which requires parties to file pre-motion submissions. Plaintiff is also directed to review comply with the Local Rules of this Court, including Local Rule 7.1. The Clerk of Court is directed to mail a copy of this order to Plaintiff by certified mail. SO ORDERED. (Telephone Conference set for 1/4/2019 at 11:00 AM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 12/26/2018) (rro) Transmission to Docket Assistant Clerk for processing.
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| Filing 11 NOTICE OF APPEARANCE by Maureen Doerner Fogel on behalf of FCA US LLC. (Fogel, Maureen) |
| Filing 10 LETTER addressed to Judge Gregory H. Woods from Maureen Doerner Fogel dated 12/21/18 re: Response to Mr. Simon's letter dated 12-17-18. Document filed by FCA US LLC.(Fogel, Maureen) |
| Filing 9 LETTER addressed to Judge Gregory H. Woods from Matthew C. Simon dated 12/17/2018 re: Please accept this letter as Plaintiff's Opposition to Defendant's Removal to Federal Court. (cf) |
| Mailed a copy of #8 Order, to Matthew Simon 19 Carteret Street Montclair, Nj 07043. (aea) |
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Filing 8
ORDER: Pursuant to Fed. R. Civ. P. 81(c)(3), if any party wishes to demand a jury trial in this matter, the demand must be served and filed no later than December 31, 2018. Plaintiff is directed to consult Rule 2.2(a) of the Electronic Case Filing Rules & Instructions of the United States District Court for the Southern District of New York for instructions on how to apply to become an ECF filer (http:/nysd.uscourts.gov/ecf_filing.php). Defendants are directed to serve a copy of this order on Plaintiff and to retain proof of service. The Clerk of Court is directed to mail a copy of this order to Plaintiff by certified mail. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/19/2018) (anc) Transmission to Docket Assistant Clerk for processing.
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| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Chrysler Group LLC, Other Affiliate FCA North America Holdings LLC, Other Affiliate Fiat Chrysler Automobiles N.V. for FCA US LLC. Document filed by FCA US LLC.(Gross, Jessica) |
| Filing 5 STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by FCA US LLC.(Gross, Jessica) |
| ADD PARTY FOR PLEADING. Defendants/Respondents FCA Group added. Party added pursuant to #1 Notice of Removal.Document filed by FCA Group. Related document: #1 Notice of Removal.(Gross, Jessica) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jessica Leigh Gross to RE-FILE Document #4 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jessica Leigh Gross re: Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; FCA Group must be added to CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (pne) |
| Case Designated ECF. (pne) |
| Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) |
| Filing 4 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by FCA US LLC.(Gross, Jessica) Modified on 12/14/2018 (lb). |
| Filing 3 DEMAND for Trial by Jury. Document filed by FCA US LLC(Gross, Jessica) |
| Filing 2 CIVIL COVER SHEET filed. (Gross, Jessica) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 158430/2018. (Filing Fee $ 400.00, Receipt Number ANYSDC-16053325).Document filed by FCA US LLC.(Gross, Jessica) |
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