Volkswagen of America, Inc. v. GPB Capital Holdings, LLC
| Volkswagen of America, Inc. and Volkswagen Group of America, Inc. |
| GPB Capital Holdings, LLC |
| 1:2020cv01043 |
| February 6, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Sarah Netburn |
| Analisa Torres |
| Contract: Other |
| 28 U.S.C. § 2201 dj |
| None |
Docket Report
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Filing 106
STIPULATION FOR DISMISSAL WITH PREJUDICE WITH ORDER: Plaintiff, Volkswagen of America, Inc., an operating unit of Volkswagen Group of America, Inc., and Defendant, GPB Capital Holdings, LLC (collectively, the "Parties"), pursuant to Rule 4l(a)(l)(A)(ii) of the Federal Rules of Civil Procedure, hereby file this stipulation for dismissal with prejudice. The Parties resolved their differences to their mutual satisfaction. Therefore, Plaintiff voluntarily desires to dismiss with prejudice its amended complaint against GPB Capital Holdings, LLC (Doc. 8). Defendant, having had the opportunity to file a counter claim or cross-claims, voluntarily elected not to file a counter-claim against Plaintiff or any cross-claim against a third-party. The Parties understand the Court requests an order of dismissal and, therefore, respectfully request that the Court so order the dismissal of this action, with prejudice, and with the Parties to bear their own attorneys' fees and costs. GRANTED. The Clerk is directed to close this case on the CM/ECF system. SO ORDERED. (Signed by Judge Analisa Torres on 11/30/2021) (kv)
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| Filing 105 PROPOSED STIPULATION AND ORDER. Document filed by Volkswagen Group of America, Inc...(Jarrett, David) |
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Filing 104
ORDER granting #103 Letter Motion to Stay. The parties' motion for a stay of all proceedings is GRANTED pending review of the proposed sale of Defendant's motor vehicle dealerships. The parties shall file a letter to the Court by January 3, 2022, on the status of the review. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 103 JOINT LETTER MOTION to Stay all proceedings addressed to Magistrate Judge Sarah Netburn from Scott M. Kessler dated September 23, 2021. Document filed by GPB Capital Holdings, LLC..(Kessler, Scott) |
| Filing 102 TRANSCRIPT of Proceedings re: Teleconference held on 8/27/2021 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Darby Ginsberg, (914) 390-4102. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/24/2021. Redacted Transcript Deadline set for 10/4/2021. Release of Transcript Restriction set for 12/2/2021..(Ginsberg, Darby) |
| Filing 101 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Teleconference proceeding held on 08/27/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Ginsberg, Darby) |
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Filing 100
MEMO ENDORSEMENT on re: #99 Letter filed by GPB Capital Holdings, LLC. ENDORSEMENT: Fact Discovery shall close on October 30, 2021. All other deadlines as stated in the Court's July 1, 2021. Order remain the same and no further extensions shall be granted. See ECF No. 88. So Ordered. (Fact Discovery due by 10/30/2021.) (Signed by Magistrate Judge Sarah Netburn on 9/2/2021) (js)
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| Filing 99 LETTER addressed to Magistrate Judge Sarah Netburn from Benjamin A. Escobar dated September 2, 2021 re: Extension of the deadline to complete discovery. Document filed by GPB Capital Holdings, LLC..(Escobar, Benjamin) |
| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Telephone Conference held on 8/27/2021. Court Reporter present. (ras) |
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Filing 98
ORDER granting #97 Letter Motion for Conference. The parties shall appear for a telephone conference on Friday, August 27, 2021, at 12:00 p.m. to discuss the issues raised in the parties' August 17, 2021 letter. At that time, the parties shall call the Court's dedicated teleconferencing line at (877) 402-9757 and enter access code 7938632, followed by the pound (#) key. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Set/Reset Hearings: Telephone Conference set for 8/27/2021 at 12:00 PM before Magistrate Judge Sarah Netburn. (ras) |
| Filing 97 JOINT LETTER MOTION for Conference Regarding Discovery addressed to Magistrate Judge Sarah Netburn from David R. Jarrett dated August 17, 2021. Document filed by Volkswagen Group of America, Inc.. (Attachments: #1 Exhibit A- Placeholder Slip Sheet (Exhibit Submitted Separately per 7/22 Stipulation and Order), #2 Exhibit B- Deposition of Jeffrey Lash, #3 Exhibit C- DOJ Press Release dated February 4, 2021, #4 Exhibit D- Indictment, #5 Exhibit E- Verified Amended Complaint (1982-CV-0925), #6 Exhibit F- SEC Complaint).(Jarrett, David) |
| Filing 96 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from David R. Jarrett and Benjamin A. Escobar dated August 6, 2021 re: Status of Settlement Discussions and any Outstanding Discovery Disputes. Document filed by Volkswagen Group of America, Inc...(Jarrett, David) |
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Filing 95
ORDER granting #92 Letter Motion for Extension of Time to File. Defendant's request for an extension is GRANTED. The parties shall file their joint status report no later than August 6, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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| Filing 94 TRANSCRIPT of Proceedings re: conference held on 7/21/2021 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Angela O'Donnell, (914) 390-4025. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/23/2021. Redacted Transcript Deadline set for 9/1/2021. Release of Transcript Restriction set for 11/1/2021..(O'Donnell, Angela) |
| Filing 93 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/21/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(O'Donnell, Angela) |
| Filing 92 LETTER MOTION for Extension of Time to File Joint Status Report addressed to Magistrate Judge Sarah Netburn from Scott M. Kessler dated July 30, 2021. Document filed by GPB Capital Holdings, LLC..(Kessler, Scott) |
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Filing 91
ORDER granting #89 Letter Motion for Local Rule 37.2 Conference. Plaintiff is granted leave to serve a third set of requests for production on Defendant concerning Highline Management, as further set forth at today's conference. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 90
ORDER: A discovery conference to discuss the issue raised in Plaintiff's July 16, 2021 letter is scheduled for Wednesday, July 21, 2021, at 2:00 p.m. At that time, the parties shall call the Court's teleconferencing line at (877) 402-9757 and enter access code 7938632, followed by the pound (#) sign. (Discovery Hearing set for 7/21/2021 at 02:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 7/16/2021) (ras)
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| Filing 89 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Sarah Netburn from David R. Jarrett dated July 16, 2021. Document filed by Volkswagen Group of America, Inc.. (Attachments: #1 Exhibit 1-Letter and Proposed Discovery, #2 Exhibit 2-Order, #3 Exhibit 3-Excerpts form GPB's Form 10 Filing, #4 Exhibit 4-E-Mail, #5 Exhibit A-Transcript).(Jarrett, David) |
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Filing 88
ORDER: Defendant GPB Capital Holdings, LLC shall file any counterclaims on or before July 21, 2021. All fact discovery shall be completed by Friday, September 10, 2021, which includes depositions. All expert discovery shall be completed by Friday, December 3, 2021. A joint letter informing the Court about the status of settlement discussions shall be filed with the Court by Friday, July 30, 2021. The letter should also address any outstanding discovery disputes. Any party that wishes to file a motion for summary judgment shall file a pre-motion letter with the Hon. Analisa Torres by December 17, 2021. The parties are advised that no further extensions will be granted. (Fact Discovery due by 9/10/2021. Expert Discovery due by 12/3/2021.) (Signed by Magistrate Judge Sarah Netburn on 7/1/2021) (ras)
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| Filing 87 LETTER addressed to Magistrate Judge Sarah Netburn from David R. Jarrett dated June 30, 2021 re: Time Needed to Complete Discovery. Document filed by Volkswagen Group of America, Inc...(Jarrett, David) |
| Filing 86 PROPOSED CASE MANAGEMENT PLAN. Document filed by GPB Capital Holdings, LLC..(Kessler, Scott) |
| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Settlement Conference held on 6/23/2021. (ras) |
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Filing 85
SETTLEMENT CONFERENCE ORDER: The settlement conference currently scheduled for Friday, June 25, 2021, is RESCHEDULED for Wednesday, June 23, at 10:00 a.m. and will be held telephonically. The Court will provide dial-in information by email before the conference. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Wednesday, June 16, 2021. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (Settlement Conference set for 6/23/2021 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 5/20/2021) (ras)
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Filing 84
SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Friday, June 25, 2021, at 10:00 a.m. and will be held telephonically. The Court will provide dial-in information by email before the conference. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov /hon-sarah-netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Friday, June 18, 2021. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (Settlement Conference set for 6/25/2021 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 5/5/2021) (ras)
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Filing 83
ORDER: By letter on April 15, 2021, the parties indicated their willingness to participate in a settlement conference with the Court and various other related non-parties. Accordingly, as soon as practicable, the parties are directed to contact Courtroom Deputy Rachel Slusher via email at Rachel_Slusher@nysd.uscourts.gov with three (3) mutually convenient dates, to schedule a settlement conference for a time when they believe it would be productive. All discovery deadlines will continue to be stayed for an additional 60 days, in anticipation of the parties' scheduling a settlement conference within that time. (Signed by Magistrate Judge Sarah Netburn on 4/16/2021) (ras)
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| Filing 82 STATUS REPORT. (Attachment to Status Report [Dkt #81] Document filed by GPB Capital Holdings, LLC..(Brown, Brit) |
| Filing 81 STATUS REPORT. Document filed by GPB Capital Holdings, LLC..(Brown, Brit) |
| Filing 80 NOTICE OF CHANGE OF ADDRESS by Scott Michael Kessler on behalf of GPB Capital Holdings, LLC. New Address: Akerman LLP, 1251 Avenue of the Americas, FL 37, New York, NY, 10020,..(Kessler, Scott) |
| Filing 79 ANSWER to #14 Amended Complaint,,,. Document filed by GPB Capital Holdings, LLC..(Kessler, Scott) |
| Filing 78 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by GPB Capital Holdings, LLC..(Kessler, Scott) |
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Filing 77
ORDER granting #76 Letter Motion for Extension of Time to Answer. Defendant's response to the amended complaint shall be filed no later than February 26, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 76 LETTER MOTION for Extension of Time to File Answer re: #14 Amended Complaint,,, addressed to Judge Analisa Torres from Scott M. Kessler dated February 22, 2021. Document filed by GPB Capital Holdings, LLC..(Kessler, Scott) |
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Filing 75
ORDER denying #74 Letter Motion for Conference. The parties' request for a discovery conference is DENIED. All discovery deadlines in this matter are STAYED for 60 days. The parties shall file a joint status letter by April 15, 2021, which shall address the Independent Monitor's report. In addition, in light of Judge Torres' February 8, 2021 order, the parties shall also indicate whether a settlement conference would be productive. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 74. (Signed by Magistrate Judge Sarah Netburn on 2/19/2021) (ras)
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| Filing 74 JOINT LETTER MOTION for Conference regarding Discovery addressed to Magistrate Judge Sarah Netburn from David R. Jarrett dated February 16, 2021. Document filed by GPB Capital Holdings, LLC. (Attachments: #1 Exhibit A - February 11, 2021 Order).(Kessler, Scott) |
| Filing 73 NOTICE OF APPEARANCE by Derrelle Marcel Janey on behalf of Jeffrey Lash..(Janey, Derrelle) |
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Filing 72
ORDER denying #33 Motion to Dismiss. For the foregoing reasons, Defendant's motion to dismiss is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 33. SO ORDERED. (Signed by Judge Analisa Torres on 2/8/2021) (kv)
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Filing 71
ORDER granting #70 Letter Motion for Extension of Time to Complete Discovery. Fact discovery deadline is extended to March 1, 2021. The deadline for the disclosure of expert evidence as required by Rule 25(a)(2)(A), (B), or (C), including the identities and reports of experts is extended to March 1, 2021.The deadline for disclosure of expert evidence intended by a party solely to contradict or rebut expert evidence on the same subject matter is extended to March 22, 2021. Expert discovery deadline is extended to April 12, 2021. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 70 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Sarah Netburn from Scott M. Kessler dated December 30, 2020. Document filed by GPB Capital Holdings, LLC..(Kessler, Scott) |
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Filing 69
ORDER: On December 15, 2020, the Court heard argument on the issues raised by the parties in a letter submitted via email to the Court on December 14, 2020. Following the Court's review of the documents at issue and the parties' arguments, the Court makes the following findings. The documents contained in Exhibit 2 are business records and not privileged. Accordingly, Defendants must produce those documents in full. The parties resolved their dispute as to Exhibit 3. The documents contained in Exhibits 4, 5 and 6 consist of substantially attorney-client communications and any portions not including attorney-client communications cannot be reasonably parsed. Accordingly, these documents may be withheld in full. (Signed by Magistrate Judge Sarah Netburn on 12/15/2020) (ras)
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| Filing 68 LETTER addressed to Magistrate Judge Sarah Netburn from David R. Jarrett dated December 14, 2020 re: Plaintiff's E-Mail Sent to Chambers. Document filed by Volkswagen of America, Inc...(Jarrett, David) |
| Filing 67 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/17/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 66 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/17/2020 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/14/2020. Redacted Transcript Deadline set for 12/24/2020. Release of Transcript Restriction set for 2/22/2021..(McGuirk, Kelly) |
| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Telephone Conference held on 11/17/2020. (ras) |
| Filing 65 LETTER addressed to Magistrate Judge Sarah Netburn from Brit T. Brown / Benjamin A. Escobar dated November 13, 2020 re: Status Report required by the Order of October 14, 2020. Document filed by GPB Capital Holdings, LLC..(Escobar, Benjamin) |
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Filing 64
DISCOVERY CONFERENCE ORDER terminating #56 Motion for Discovery; granting #63 Motion for Conference. A conference to discuss the issues raised by the parties' letter motion filed November 9, 2020, is scheduled for Tuesday, November 17, 2020, at 3:00 p.m. At that time, the parties shall call (877) 402-9757 and enter access code 7938632 #. Any issues raised by the parties' joint status letter, which is to be filed by November 13, 2020, shall also be discussed. The Clerk of Court is respectfully requested to terminate the motions at ECF No. 56 and ECF No. 63. SO ORDERED.. (Signed by Magistrate Judge Sarah Netburn on 11/10/2020) ( Telephone Conference set for 11/17/2020 at 03:00 PM before Magistrate Judge Sarah Netburn.) (ks)
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| Filing 63 LETTER MOTION for Conference re: Discovery Disputes addressed to Magistrate Judge Sarah Netburn from Billy M. Donley dated November 9, 2020. Document filed by Volkswagen Group of America, Inc.. (Attachments: #1 Exhibit 1-List of Documents Created from a GPB Log Provided to Plaintiff of Withheld Documents, #2 Exhibit A- Amended and Restated Agreement for the Resignation of Jeffrey Lash and Transfer of Membership/Ownership Interest (Redacted), #3 Exhibit B- Responses and Objections of Defendant GPB Capital Holdings to Plaintiff's Third-Party Subpoena to Jeffrey Lash).(Donley, Billy) |
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Filing 62
DISCOVERY CONFERENCE ORDER: The Court GRANTS in part and DENIES in part the discovery sought in Plaintiff's August 28, 2020 letter, and Defendant is ordered to substantially produce responsive documents by October 16, 2020. With respect to the issues raised in Defendants September 16, 2020 letter, the Court defers ruling on these issues at this time. Defendant shall notify the Court no later than November 13, 2020, whether these issues remain outstanding. As discussed on the record at today's discovery conference, all fact discovery shall be completed by January 15, 2021. Disclosure of expert evidence as required by Rule 25(a)(2) (A), (B), or (C), including the identities and reports of experts, if any, shall be made by January 15, 2020. The disclosure of expert evidence intended by a party solely to contradict or rebut expert evidence on the same subject matter disclosed by the opposing party shall be made by February 5, 2021. All expert discovery shall be completed by February 26, 2021. The parties shall file a joint letter informing the Court about the status of discovery and settlement negotiations by November 13, 2020. So ordered. (Expert Discovery due by 2/26/2020., Fact Discovery due by 1/15/2021.) (Signed by Magistrate Judge Sarah Netburn on 10/14/2020) (js)
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| Filing 61 LETTER addressed to Magistrate Judge Sarah Netburn from Billy M. Donley dated October 9, 2020 re: Discovery Disputes. Document filed by Volkswagen Group of America, Inc...(Donley, Billy) |
| Set/Reset Hearings: Discovery Hearing set for 10/13/2020 at 04:00 PM before Magistrate Judge Sarah Netburn. (ras) |
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Filing 60
ORDER granting #59 Letter Motion to Adjourn Conference. The telephonic discovery conference scheduled for Friday, October 2, at 2:00 p.m. is ADJOURNED to Tuesday, October 13, at 4:00 p.m. At that time, the parties shall call (877) 402-9757 and enter access code 7938632 #. The parties shall file a joint letter by October 10, 2020, advising the Court if any of the outstanding discovery disputes have been resolved or narrowed. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 59 LETTER MOTION to Adjourn Conference Scheduled for October 2, 2020 addressed to Magistrate Judge Sarah Netburn from Billy M. Donley dated September 29, 2020. Document filed by Volkswagen Group of America, Inc...(Donley, Billy) |
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Filing 58
ORDER: In light of the outstanding motion to dismiss this action, ECF No. 33, the case management conference scheduled for October 8, 2020 is ADJOURNED sine die. If necessary, the Court will set a new case management conference upon resolution of the motion to dismiss. The parties are reminded to consult the Court's Individual Practices in Civil Cases with respect to the requirement of pre-motion letters in advance of a motion for summary judgment. (Signed by Judge Analisa Torres on 9/24/2020) (nb)
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Filing 57
DISCOVERY CONFERENCE ORDER: A conference to discuss the issues raised by Defendants' letter motion filed September 16, 2020, including the issues raised in the parties' August 20, 2020 Letter, is scheduled for Friday, October 02, 2020, at 2:00 p.m. At that time, the parties shall call (877) 402- 9757 and enter access code 7938632 #. So Ordered (Telephone Conference set for 10/2/2020 at 02:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 9/24/2020) (js) Modified on 9/24/2020 (js).
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| Filing 56 LETTER MOTION for Discovery Intervention addressed to Magistrate Judge Sarah Netburn from Brit T. Brown / Benjamin A. Escobar dated September 16, 2020. Document filed by GPB Capital Holdings, LLC..(Escobar, Benjamin) |
| Filing 55 MEMO ENDORSEMENT on re: #54 Letter re: Mediation and Current Discovery Disputes, filed by Volkswagen Group of America, Inc. ENDORSEMENT: The parties shall file a joint letter updating the Court as to the status of mediation and outlining any remaining discovery disputes by no later than September 16, 2020. (Signed by Magistrate Judge Sarah Netburn on 9/2/2020) (rj) |
| Filing 54 JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Billy M. Donley dated August 28, 2020 re: Mediation and Current Discovery Disputes. Document filed by Volkswagen Group of America, Inc.. (Attachments: #1 Exhibit B-Log's Bates Label Range, #2 Exhibit D-Pages of Verified Amended Complaint).(Donley, Billy) |
| Filing 53 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/13/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 52 TRANSCRIPT of Proceedings re: conference held on 8/13/2020 before Magistrate Judge Sarah Netburn. Court Reporter/Transcriber: Lisa Smith, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/18/2020. Redacted Transcript Deadline set for 9/28/2020. Release of Transcript Restriction set for 11/27/2020..(McGuirk, Kelly) |
| Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Status Conference held on 8/13/2020. (ras) |
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Filing 51
ORDER: granting #44 Letter Motion for Local Rule 37.2 Conference; granting #46 Letter Motion for Local Rule 37.2 Conference; denying without prejudice #49 Motion to Quash. So Ordered. (Signed by Magistrate Judge Sarah Netburn on 8/13/2020) (js)
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Filing 50
AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Specific Non-Dispositive Motion/Dispute - Discovery disputes (ECF No. 44, 46). Referred to Magistrate Judge Sarah Netburn. Motions referred to Sarah Netburn. (Signed by Judge Analisa Torres on 8/12/2020) (kv)
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| Filing 49 JOINT MOTION to Quash Subpoenas to Produce Documents to Jeffrey Lash and David Rosenberg . Document filed by GPB Capital Holdings, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9).(Kessler, Scott) |
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Filing 48
DISCOVERY CONFERENCE ORDER: On August 6, 2020, the Hon. Analisa Torres referred this matter to me to resolve two specific non-dispositive discovery disputes, ECF Nos. 44 and 46. See ECF No. 47. A conference to discuss the issues raised by Plaintiff's letter motions filed August 5, 2020, and August 6, 2020, is scheduled for Thursday, August 13, 2020, at 2:00 p.m. At that time, the parties shall call (877) 402-9757 and enter access code 7938632 #. (Status Conference set for 8/13/2020 at 02:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 8/6/2020) (js) (Main Document 48 replaced on 8/6/2020) (js). Modified on 8/12/2020 (js).
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Filing 47
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Discovery disputes (ECF No. 44, 46). Referred to Magistrate Judge Sarah Netburn. Motions referred to Sarah Netburn. (Signed by Judge Analisa Torres on 8/6/2020) (jwh)
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| Filing 46 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Analisa Torres from Billy M. Donley dated August 6, 2020. Document filed by Volkswagen Group of America, Inc.. (Attachments: #1 Exhibit 1-Requests for Production of Documents, #2 Exhibit 2-Form ADV, #3 Exhibit 3-Part 2A of Form ADV, #4 Exhibit 4-E-Mail Request Dated July 16, 2020, #5 Exhibit 5-E-Mail Refusing Consent Dated July 22, 2020).(Donley, Billy) |
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Filing 45
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute - Discovery dispute (ECF No. 44). Referred to Magistrate Judge Sarah Netburn. Motions referred to Sarah Netburn. (Signed by Judge Analisa Torres on 8/6/2020) (kv)
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| Filing 44 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Analisa Torres from Billy M. Donley dated August 5, 2020. Document filed by Volkswagen Group of America, Inc.. (Attachments: #1 Exhibit 1-Discovery Requests at Issue with Responses, #2 Exhibit 4-Employment Agreement, #3 Exhibit 6-Letter Dated September 6, 2019, #4 Exhibit 11-Letter Dated June 11, 2019, #5 Exhibit 12-Letter Dated September 16, 2019, #6 Exhibit 16-Letter Dated November 12, 2019, #7 Exhibit 17-Letter Dated November 26, 2019, #8 Exhibit 21-Request to Post Letter of Credit).(Donley, Billy) |
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Filing 43
STIPULATION AND ORDER REGARDING CONFIDENTIAL DISCOVERY MATERIAL...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge Analisa Torres on 7/22/2020) (cf)
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| Filing 42 PROPOSED PROTECTIVE ORDER. Document filed by Volkswagen Group of America, Inc...(Donley, Billy) |
| Filing 41 NOTICE OF CHANGE OF ADDRESS by Scott Michael Kessler on behalf of GPB Capital Holdings, LLC. New Address: Akerman LLP, 520 Madison Avenue, 20th Floor, New York, New York, 10022, 212-880-3800..(Kessler, Scott) |
| Filing 40 REPLY MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss . . Document filed by GPB Capital Holdings, LLC..(Kessler, Scott) |
| Filing 39 DECLARATION of Brian D. Kelly in Opposition re: #33 MOTION to Dismiss .. Document filed by Volkswagen Group of America, Inc.. (Attachments: #1 Exhibit 1-Correspondence Dated September 16, 2019).(Donley, Billy) |
| Filing 38 MEMORANDUM OF LAW in Opposition re: #33 MOTION to Dismiss . . Document filed by Volkswagen Group of America, Inc...(Donley, Billy) |
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Filing 37
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). 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 2-3 days. Deposition due by 9/18/2020. Fact Discovery due by 9/22/2020. Expert Discovery due by 11/6/2020. Case Management Conference set for 10/8/2020 at 11:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 4/16/2020) (js)
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| Filing 36 PROPOSED CASE MANAGEMENT PLAN. Document filed by Volkswagen Group of America, Inc...(Donley, Billy) |
| Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 4/15/2020. (AH) |
| Filing 35 MEMORANDUM OF LAW in Support re: #33 MOTION to Dismiss . . Document filed by GPB Capital Holdings, LLC..(Kessler, Scott) |
| Filing 34 DECLARATION of Kevin Westfall in Support re: #33 MOTION to Dismiss .. Document filed by GPB Capital Holdings, LLC. (Attachments: #1 Exhibit Ex A - VW Framework Agreement, #2 Exhibit Ex B - First Amendment to Business Relationship and Settlement Agreement, #3 Exhibit Ex C - Conditional Letter of Approval, #4 Exhibit Ex D - 09-18-2019 Prime Automative Group to VWoA, #5 Exhibit Ex E - Westfall Resume, #6 Exhibit Ex F - 09-19-2019 Letter to Jonathan Awner, #7 Exhibit Ex G - 10-31-2019 Notice to Divest, #8 Exhibit Ex H - 11-12-2019 Letter to VWoA).(Kessler, Scott) |
| Filing 33 MOTION to Dismiss . Document filed by GPB Capital Holdings, LLC..(Kessler, Scott) |
| Filing 32 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE DOCUMENT #33) - NOTICE of of Motion. Document filed by GPB Capital Holdings, LLC..(Escobar, Benjamin) Modified on 4/16/2020 (ldi). |
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Filing 31
ORDER: It is ORDERED that the initial pretrial conference scheduled for April 15, 2020, at 11:20 a.m. shall proceed telephonically. The parties are each directed to call either (888) 398-2342 or (215) 861-0674, and enter access code 5598827. In addition, to protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDEREDpursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, video conference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have takenplace "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 4/10/2020) (ks)
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| Filing 30 JOINT LETTER addressed to Judge Analisa Torres from Billy M. Donley dated April 7, 2020 re: Preliminary Joint Letter and Civil Case Management Plan and Scheduling Order. Document filed by Volkswagen Group of America, Inc.. (Attachments: #1 Civil Case Management Plan and Scheduling Order).(Donley, Billy) |
| Filing 29 JOINT LETTER addressed to Judge Analisa Torres from Billy M. Donley dated April 7, 2020 re: Non-Consent to Magistrate Judge. Document filed by Volkswagen Group of America, Inc...(Donley, Billy) |
| Filing 28 LETTER addressed to Judge Analisa Torres from Billy M. Donley dated April 7, 2020 re: Basis of Diversity Jurisdiction. Document filed by Volkswagen Group of America, Inc...(Donley, Billy) |
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Filing 27
ORDER granting #25 Motion for Brit T. Benjamin to Appear Pro Hac Vice; granting #26 Motion for Benjamin A. Escobar to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (AH)
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| Filing 26 MOTION for Benjamin A. Escobar Jr. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GPB Capital Holdings, LLC. (Attachments: #1 Affidavit Benjamin A. Escobar Jr. Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Escobar, Benjamin) |
| Filing 25 MOTION for Brit T. Brown to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GPB Capital Holdings, LLC. (Attachments: #1 Affidavit Brit Brown Affidavit in Support, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Brown, Brit) |
| Filing 24 AFFIDAVIT of Brit T. Brown in Support re: #23 MOTION for Brit T. Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19151847. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by GPB Capital Holdings, LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Proposed Order).(Brown, Brit) |
| Filing 23 MOTION for Brit T. Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19151847. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GPB Capital Holdings, LLC..(Brown, Brit) |
| Filing 22 AFFIDAVIT of Benjamin A. Escobar Jr. in Support re: #21 MOTION for Benjamin A. Escobar, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19151748. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by GPB Capital Holdings, LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order Proposed Order).(Escobar, Benjamin) |
| Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Benjamin A. Escobar, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19151748. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GPB Capital Holdings, LLC..(Escobar, Benjamin) Modified on 3/18/2020 (vba). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #21 MOTION for Benjamin A. Escobar, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19151748. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT STATE OF TEXAS; missing Proposed Order; MISSING AFFIDAVIT; MISSING MOTION FOR PRO HAC;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Brit T. Brown to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for Benjamin A. Escobar Jr. to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #23 MOTION for Brit T. Brown to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19151847. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF TEXAS; missing Proposed Order; MISSING AFFIDAVIT; MISSING MOTION FOR PRO HAC;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba) |
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Filing 20
ORDER denying #18 Letter Motion for Conference. Having reviewed the parties' letters dated March 10 and March 16, 2020, ECF Nos. 18 and 19, it is ORDERED that: (1) The request for a pre-motion conference is DENIED; (2) By April 14, 2020, Defendant shall file its motion to dismiss; (3) By May 5, 2020, Plaintiff shall file its opposition; (4) By May 19, 2020, Defendant shall file any reply. The Clerk of Court is directed to terminate the motion at ECF No. 18. (Signed by Judge Analisa Torres on 3/17/2020) (mro)
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| Set/Reset Deadlines: Motions due by 4/14/2020. Responses due by 5/5/2020 Replies due by 5/19/2020. (mro) |
| Filing 19 LETTER RESPONSE in Opposition to Motion addressed to Judge Analisa Torres from David R. Jarrett dated March 16, 2020 re: #18 LETTER MOTION for Conference re: #14 Amended Complaint,,, addressed to Judge Analisa Torres from Scott M. Kessler dated March 10, 2020. . Document filed by Volkswagen Group of America, Inc...(Jarrett, David) |
| Filing 18 LETTER MOTION for Conference re: #14 Amended Complaint,,, addressed to Judge Analisa Torres from Scott M. Kessler dated March 10, 2020. Document filed by GPB Capital Holdings, LLC..(Kessler, Scott) |
| Filing 17 NOTICE OF APPEARANCE by Scott Michael Kessler on behalf of GPB Capital Holdings, LLC..(Kessler, Scott) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,. GPB Capital Holdings, LLC served on 2/18/2020, answer due 3/10/2020. Service was accepted by Valentino Sole, Corporate Officer. Document filed by Volkswagen Group of America, Inc...(Feil, Matthew) |
| Filing 15 AFFIDAVIT OF SERVICE served on GPB Capital Holdings, LLC on February 10, 2020. Service was accepted by Jennifer Bergenfield, Managing Counsel. Document filed by Volkswagen Group of America, Inc...(Feil, Matthew) |
| Filing 14 AMENDED COMPLAINT amending #8 Amended Complaint,,, against GPB Capital Holdings, LLC.Document filed by Volkswagen Group of America, Inc.. Related document: #8 Amended Complaint,,,. (Attachments: #1 Exhibit 1-GPB Business Relationship Agreement (fully executed 2017), #2 Exhibit 2-GPB First Amendment to Business Relationship and Settlement Agreement (10-01-18), #3 Exhibit 3-Ltr to Volkswagen from Kevin Westfall re change in senior management, #4 Exhibit 4-Ltr to David Gentile from VW re Notice to Divest GPB, #5 Exhibit 5-Prime ltr to VWGoA (Brian Kelly) re response to Jan. 21 ltr re Notice of Divest, #6 Exhibit 6-Part 1-Claimants' Demand for Arbitration, #7 Exhibit 6-Part 2-Claimants' Demand for Arbitration).(Feil, Matthew) |
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Filing 13
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (Signed by Judge Analisa Torres on 2/18/2020) (mro)
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Filing 12
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 4/15/2020 at 11:20 AM in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (Signed by Judge Analisa Torres on 2/18/2020) (mro)
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Filing 11
ORDER granting #9 Motion for Billy Martin Donley to Appear Pro Hac Vice; granting #10 Motion for David R. Jarrett to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (AH)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Matthew David Feil to RE-FILE re: Document No. #8 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add party Volkswagen Group of America, Inc.; the wrong filer/filers were selected for the pleading;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Volkswagen Group of America, Inc. added. Party added pursuant to #8 Amended Complaint,,,.Document filed by Volkswagen Group of America, Inc.. Related document: #8 Amended Complaint,,,..(Feil, Matthew) |
| Filing 10 MOTION for David R. Jarrett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18807748. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Volkswagen of America, Inc.. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing from the Supreme Court of Texas, #3 Text of Proposed Order).(Jarrett, David) |
| Filing 9 MOTION for Billy Martin Donley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18807680. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Volkswagen of America, Inc.. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing from the Supreme Court of Texas, #3 Text of Proposed Order).(Donley, Billy) |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - AMENDED COMPLAINT against GPB Capital Holdings, LLC.Document filed by Volkswagen of America, Inc.. (Attachments: #1 Exhibit 1 - GPB Business Relationship Agreement (fully executed 2017), #2 Exhibit 2 - GPB First Amendment to Business Relationship and Settlement Agreement (10-01-18), #3 Exhibit 3 - Ltr to Volkswagen from Kevin Westfall re change in senior management., #4 Exhibit 4 - Ltr to David Gentile from VW re Notice to Divest GPB., #5 Exhibit 5 - Prime ltr to VWGoA (Brian Kelly) re response to Jan. 21 ltr re Notice of Divest., #6 Exhibit 6 - Part 1- Claimants' Demand for Arbitration., #7 Exhibit 6 - Part 2- Claimants' Demand for Arbitration.).(Feil, Matthew) Modified on 2/18/2020 (jgo). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for David R. Jarrett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18807748. Motion and supporting papers to be reviewed by Clerk's Office staff., #9 MOTION for Billy Martin Donley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18807680. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
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Filing 7
ORDER: By February 24, 2020, Plaintiff shall amend its pleading to allege the citizenship of each constituent person or entity of the LLC. (As further set forth in this Order.) If Plaintiff fails to amend the complaint by the foregoing date to truthfully allege complete diversity based upon the citizenship of each constituent person or entity of the LLC, then the complaint will be dismissed for lack of subject matter jurisdiction. (Amended Pleadings due by 2/24/2020.) (Signed by Judge Analisa Torres on 2/10/2020) (cf)
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| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Volkswagen Group of America, Inc., Corporate Parent Volkswagen AG for Volkswagen of America, Inc.. Document filed by Volkswagen of America, Inc...(Feil, Matthew) |
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Filing 5
ORDER: Accordingly, Plaintiff's motion to seal (1) the complaint and its attachments, (2) the motion for sealing, and (3) the affidavit in support of the motion and its attachments is DENIED. Consistent with Chief Judge McMahon's order, the Clerk of Court is directed to unseal all filings in this action on February 12, 2020, at 5:00 p.m. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 2/10/2020) (cf)
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| Transmission to Sealed Records Clerk. Transmitted re: #5 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (cf) |
| Filing 4 SEALED DOCUMENT placed in vault.(mhe) |
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Filing 3
ORDER GRANTING PLAINTIFF VOLKSWAGEN OF AMERICA, INC.'S MOTION TO SEAL: Having considered Plaintiff Volkswagen of America, Inc.' s Motion to Seal and theapplicable law and facts stated in the motion, the Court hereby GRANTS the motion. Thus, the Clerk of the Court is hereby ORDERED to seal temporarily the following documents: Complaint & Exhibits 1 - 6; Memorandum of Law in Support of the Motion to Seal; Declaration of Matthew D. Feil in Support of the Motion to Seal & Exhibit A. The order of sealing will expire at 5pm on Wednesday, February 12, 2020, unless the Judge to whom this case is ultimately assigned decides to extend it. (Signed by Judge Colleen McMahon on 2/6/2020) (mml)
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| Filing 2 CIVIL COVER SHEET filed..(pne) |
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Filing 1
ORDER - TO BE FILED UNDER SEAL: COMPLAINT/OTHER DOCUMENTS/EXHIBITS (Signed by Judge Colleen McMahon on 2/6/2020) (pne)
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| Magistrate Judge Sarah Netburn 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| Case Designated ECF. (pne) |
| SUMMONS ISSUED as to GPB Capital Holdings, LLC..(pne) |
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