Lash Auto Group 2 LLC v. Volkswagen of America, Inc.
| Lash Auto Group 2 LLC and Lash Auto Group 2 LLC doing business as Volkswagen Oneonta |
| Volkswagen of America, Inc. |
| 7:2015cv01035 |
| February 13, 2015 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Contract: Franchise |
| 28 U.S.C. § 1332 oc |
| None |
Docket Report
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This docket was last retrieved on April 22, 2015. A more recent docket listing may be available from PACER.
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| Filing 31 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 # 1ZA74Y452310006214 on 4/23/2015. (rj) |
Filing 30
STIPULATION AND ORDER FOR REMAND OF ACTION: IT IS HEREBY STIPULATED AND AGREED, by and between VWoA and LAGZ: That this action be remanded out 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 appear or otherwise affect such rights and defenses, including without limitations, the right to removal if further discovery reveals 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)
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| Filing 29 REPLY MEMORANDUM OF LAW in Support re: #16 MOTION to Remand to State Court . . Document filed by Lash Auto Group 2 LLC. (Attachments: #1 Affidavit)(Byerts, Robert) |
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Filing 28
ORDER granting #27 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)
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| Filing 27 LETTER MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Remand to State Court ., #25 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 2 LLC.(Byerts, Robert) |
| Filing 26 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) |
| Filing 25 MEMORANDUM OF LAW in Opposition re: #16 MOTION to Remand to State Court . . Document filed by Volkswagen of America, Inc.. (Pergament, Benjamin) |
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Filing 24
ORDER granting #23 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)
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| Filing 23 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 2 LLC.(Byerts, Robert) |
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Filing 22
ORDER FOR ADMISSION PRO HAC VICE granting #20 Motion for Robert C. Byerts to Appear Pro Hac Vice. (Signed by Judge Vincent L. Briccetti on 3/19/2015) (rj)
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| Filing 21 NOTICE OF INITIAL CONFERENCE:THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASEMANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16 on 4/15/15 at 9:30 am, at the United States Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601. (rj) |
| CASE ACCEPTED AS RELATED. Create association to 7:15-cv-01031-VB. Notice of Assignment to follow. (pgu) |
| NOTICE OF CASE ASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (pgu) |
| Magistrate Judge Judith C. McCarthy is so designated. (pgu) |
| Filing 20 MOTION for Robert C. Byerts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10712637. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lash Auto Group 2 LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Byerts, Robert) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Robert C. Byerts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10712637. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) |
| Filing 19 AFFIDAVIT of James A. Prestiano in Support re: #16 MOTION to Remand to State Court .. Document filed by Lash Auto Group 2 LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rosenthal, Stuart) |
| Filing 18 AFFIDAVIT of Jeff Lash in Support re: #16 MOTION to Remand to State Court .. Document filed by Lash Auto Group 2 LLC. (Attachments: #1 Exhibit 1)(Rosenthal, Stuart) |
| Filing 17 MEMORANDUM OF LAW in Support re: #16 MOTION to Remand to State Court . . Document filed by Lash Auto Group 2 LLC. (Rosenthal, Stuart) |
| Filing 16 MOTION to Remand to State Court . Document filed by Lash Auto Group 2 LLC.(Rosenthal, Stuart) |
| Filing 15 NOTICE of Motion for Remand. Document filed by Lash Auto Group 2 LLC. (Rosenthal, Stuart) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Stuart Alan Rosenthal to RE-FILE Document #14 Affidavit in Support of Motion, #13 Affidavit in Support of Motion. ERROR(S): Document(s) linked to filing error. (db) |
| ***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) |
| 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 2 LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rosenthal, Stuart) Modified on 3/12/2015 (db). |
| 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 2 LLC. (Attachments: #1 Exhibit 1)(Rosenthal, Stuart) Modified on 3/12/2015 (db). |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand to State Court . Document filed by Lash Auto Group 2 LLC.(Rosenthal, Stuart) Modified on 3/12/2015 (db). |
| 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 2 LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rosenthal, Stuart) Modified on 3/10/2015 (db). |
| 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 2 LLC. (Attachments: #1 Exhibit 1)(Rosenthal, Stuart) Modified on 3/10/2015 (db). |
| Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand to State Court . Document filed by Lash Auto Group 2 LLC.(Rosenthal, Stuart) Modified on 3/10/2015 (db). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Stuart Alan Rosenthal to RE-FILE Document #10 Affidavit in Support of Motion, #11 Affidavit in Support of Motion. ERROR(S): Document(s) linked to filing error. (db) |
| ***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) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Stuart Alan Rosenthal to RE-FILE Document #7 MOTION to Remand to State Court . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| Filing 8 RELATED CASE AFFIRMATION of Stuart Rosenthal re: that this action be filed as related to 15-1031. Document filed by Lash Auto Group 2 LLC.(Rosenthal, Stuart) |
| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand to State Court . Document filed by Lash Auto Group 2 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). |
| Filing 6 AFFIDAVIT OF SERVICE of Defendant Volkswagen of America, Inc.'s Answer served on Stuart A. Rosenthal, Esq. on February 23, 2015. Service was made by Mail. Document filed by Volkswagen of America, Inc.. (Pergament, Benjamin) |
| Filing 5 ANSWER to Complaint (Notice of Removal). Document filed by Volkswagen of America, Inc.. (Pergament, Benjamin) |
| Filing 4 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) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Benjamin David Pergament for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Notice of Removal to: caseopenings@nysd.uscourts.gov. (laq) |
| ***NOTICE TO ATTORNEY TO SUBMIT RELATED CASE STATEMENT. Notice to Attorney Benjamin David Pergament, for noncompliance with Local Civil Rule 13 of the Rules for the Division of Business Among Judges. Attorney must submit Related Case Statement for filing. Send a hard copy of the Related Case Statement form to: Clerk's Office, Finance Unit, 500 Pearl Street, Room 120, New York, NY 10007 and send a PDF of the Related Case Statement form to caseopenings@nysd.uscourts.gov. (laq) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 15cv1031. Document filed by Volkswagen of America, Inc..(laq) (moh). |
| Filing 2 CIVIL COVER SHEET filed. (laq) (lnl). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 51125-2015. (Filing Fee $ 350.00, Receipt Number 116886).Document filed by Volkswagen of America, Inc..(laq) (lnl). |
| CASE REFERRED TO Judge Kenneth M. Karas as possibly related to 15cv1031. (laq) |
| ***NOTICE TO ATTORNEY TO SUBMIT PDF OF CIVIL COVER SHEET. Notice to Attorney Benjamin David Pergament, to submit PDF of the Civil Cover Sheet. Email a copy of Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (laq) |
| Case Designated ECF. (laq) |
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