Lash Auto Group LLC v. Volkswagen of America, Inc.
Plaintiff: Lash Auto Group LLC
Defendant: Volkswagen of America, Inc.
Case Number: 7:2015cv01031
Filed: February 13, 2015
Court: US District Court for the Southern District of New York
Office: White Plains Office
County: Westchester
Presiding Judge: Vincent L Briccetti
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. § 1332 nr
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 22, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 22, 2015 Opinion or Order Filing 27 STIPULATION AND ORDER FOR REMAND OF ACTION:IT IS HEREBY STIPULATED AND AGREED, by and between VWoA and LAG: This this action be remanded to the Supreme Court of the State of New York County of Westchester. Except as expressly set forth herein, the parties to this stipulation reserve all rights and defenses they may have, and entry into this stipulation shall not impair or otherwise affect such rights and defenses, including without limitation, the right to removal if further discovery records the existence of diversity jurisdiction. Each party is to bear its own costs and fees with regard to the removal and remand of this action. (Signed by Judge Vincent L. Briccetti on 4/22/2015) (rj)
April 22, 2015 CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of Westchester. Sent certified copy of docket entries and remand order. Mailed via Federal Express AIRBILL # 1ZA74Y452310006205 on 4/23/2015. (rj)
April 6, 2015 Filing 26 REPLY MEMORANDUM OF LAW in Support re: #16 MOTION to Remand to State Court . . Document filed by Lash Auto Group LLC. (Attachments: #1 Affidavit)(Byerts, Robert)
March 25, 2015 Opinion or Order Filing 25 ORDER granting #24 Letter Motion for Extension of Time to File Response/Reply. Plaintiff's reply is due 4/6/2015. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
March 25, 2015 Filing 24 LETTER MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Remand to State Court ., #22 Memorandum of Law in Opposition to Motion addressed to Judge Vincent L. Briccetti from Robert C. Byerts dated March 25, 2015. Document filed by Lash Auto Group LLC.(Byerts, Robert)
March 23, 2015 Filing 23 DECLARATION of Benjamin D. Pergament in Opposition re: #16 MOTION to Remand to State Court .. Document filed by Volkswagen of America, Inc.. (Attachments: #1 Exhibit 1, Part 1-Volkswagen Dealer Agreement, #2 Exhibit 1, Part 2, #3 Exhibit 1, Part 3, #4 Exhibit 2-October 28, 2014 Notice of Termination, #5 Exhibit 3-January 13, 2014 Email, #6 Exhibit 4-January 30, 2014 Letter, #7 Exhibit 5-September 11, 2014 Letter, #8 Exhibit 6-September 18, 2014 Letter to Jeffrey Lash, #9 Exhibit 7-September 18, 2014 Letter to Jeffrey Lash and Patrick Dibre, #10 Exhibit 8-September 19, 2014 Email, #11 Exhibit 9, Part 1- October 6, 2014 Letter, #12 Exhibit 9, Part 2, #13 Exhibit 10-Email Chain Between Robert Byerts and Benjamin Pergament)(Pergament, Benjamin)
March 23, 2015 Filing 22 MEMORANDUM OF LAW in Opposition re: #16 MOTION to Remand to State Court . . Document filed by Volkswagen of America, Inc.. (Pergament, Benjamin)
March 20, 2015 Opinion or Order Filing 21 ORDER granting #20 Letter Motion to Adjourn Conference. The initial case management conference is adjourned without date pending the resolution of plaintiff's motion to remand the case to New York State court (Doc. #16). (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
March 20, 2015 Filing 20 LETTER MOTION to Adjourn Conference addressed to Judge Vincent L. Briccetti from Robert C. Byerts dated March 20, 2015. Document filed by Lash Auto Group LLC.(Byerts, Robert)
March 12, 2015 Filing 19 AFFIDAVIT of James A. Prestiano in Support re: #16 MOTION to Remand to State Court .. Document filed by Lash Auto Group LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rosenthal, Stuart)
March 12, 2015 Filing 18 AFFIDAVIT of Jeff Lash in Support re: #16 MOTION to Remand to State Court .. Document filed by Lash Auto Group LLC. (Attachments: #1 Exhibit 1)(Rosenthal, Stuart)
March 12, 2015 Filing 17 MEMORANDUM OF LAW in Support re: #16 MOTION to Remand to State Court . . Document filed by Lash Auto Group LLC. (Rosenthal, Stuart)
March 12, 2015 Filing 16 MOTION to Remand to State Court . Document filed by Lash Auto Group LLC.(Rosenthal, Stuart)
March 12, 2015 Filing 15 NOTICE of Motion for Remand. Document filed by Lash Auto Group LLC. (Rosenthal, Stuart)
March 12, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Stuart Alan Rosenthal to RE-FILE Document #12 MOTION to Remand to State Court . ERROR(S): Supporting Documents (Memorandum in Support) are filed separately, each receiving their own document #. (db)
March 12, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Stuart Alan Rosenthal to RE-FILE Document #13 Affidavit in Support of Motion, #14 Affidavit in Support of Motion. ERROR(S): Document(s) linked to filing error. (db)
March 11, 2015 Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of James A. Prestiano in Support re: #12 MOTION to Remand to State Court ., #9 MOTION to Remand to State Court . Document filed by Lash Auto Group LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rosenthal, Stuart) Modified on 3/12/2015 (db).
March 11, 2015 Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Jeff Lash in Support re: #12 MOTION to Remand to State Court ., #9 MOTION to Remand to State Court . Document filed by Lash Auto Group LLC. (Attachments: #1 Exhibit 1)(Rosenthal, Stuart) Modified on 3/12/2015 (db).
March 11, 2015 Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand to State Court . Document filed by Lash Auto Group LLC.(Rosenthal, Stuart) Modified on 3/12/2015 (db).
March 10, 2015 Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of James A. Prestiano in Support re: #9 MOTION to Remand to State Court .. Document filed by Lash Auto Group LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rosenthal, Stuart) Modified on 3/10/2015 (db).
March 10, 2015 Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Jeff Lash in Support re: #9 MOTION to Remand to State Court .. Document filed by Lash Auto Group LLC. (Attachments: #1 Exhibit 1)(Rosenthal, Stuart) Modified on 3/10/2015 (db).
March 10, 2015 Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand to State Court . Document filed by Lash Auto Group LLC.(Rosenthal, Stuart) Modified on 3/10/2015 (db).
March 10, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Stuart Alan Rosenthal to RE-FILE Document #11 Affidavit in Support of Motion, #10 Affidavit in Support of Motion. ERROR(S): Document(s) linked to filing error. (db)
March 10, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Stuart Alan Rosenthal to RE-FILE Document #9 MOTION to Remand to State Court . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
March 9, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Stuart Alan Rosenthal to RE-FILE Document #8 MOTION to Remand to State Court ., #7 MOTION to Remand to State Court . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
March 6, 2015 Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand to State Court . Document filed by Lash Auto Group LLC. (Attachments: #1 Affidavit Lash Declaration, #2 Exhibit 1, #3 Affidavit Prestiano Declaration, #4 Exhibit 1, #5 Exhibit 2)(Rosenthal, Stuart) Modified on 3/9/2015 (db).
March 6, 2015 Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand to State Court . Document filed by Lash Auto Group LLC. (Attachments: #1 Affidavit Lash Declaration, #2 Exhibit Exhibit 1, #3 Affidavit Prestiano Declaration, #4 Exhibit Exhibit 1, #5 Exhibit Exhibit 2)(Rosenthal, Stuart) Modified on 3/9/2015 (db).
February 26, 2015 Filing 6 NOTICE OF INITIAL CONFERENCE:This matter has been scheduled for an Initial Case Management and Scheduling Conference, pursuant to Fed. R. Civ. P. 16, on 4/15/15 at 9:30, at the United States Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601. Case Management Conference set for 4/15/2015 at 09:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (rj)
February 25, 2015 NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Kenneth M. Karas is no longer assigned to the case. (pgu)
February 23, 2015 Filing 5 AFFIDAVIT OF SERVICE of Defendant Volkswagen of America, Inc.'s Answer served on Stuart A. Rosenthal, Esq. on 2/23/15. Service was made by Mail. Document filed by Volkswagen of America, Inc.. (Pergament, Benjamin)
February 23, 2015 Filing 4 ANSWER to Complaint (Notice of Removal). Document filed by Volkswagen of America, Inc.. (Pergament, Benjamin)
February 20, 2015 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Volkswagen AG for Volkswagen of America, Inc.. Document filed by Volkswagen of America, Inc..(Pergament, Benjamin)
February 13, 2015 Filing 2 CIVIL COVER SHEET filed. (lnl)
February 13, 2015 Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 51108/15. (Filing Fee $350.00, Receipt Number 465401116881). Document filed by Volkswagen of America, Inc. (lnl)
February 13, 2015 Magistrate Judge Judith C. McCarthy is so designated. (lnl)
February 13, 2015 Case Designated ECF. (lnl)

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Plaintiff: Lash Auto Group LLC
Represented By: Robert C. Byerts
Represented By: Stuart Alan Rosenthal
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Defendant: Volkswagen of America, Inc.
Represented By: Benjamin David Pergament
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