Sawaqid v. Leo Kaytes Ford Inc. et al
| Sawaqid and Heather Sawaqid |
| Leo Kaytes Ford Inc, Leo Kaytes Ford Inc., Ford Motor Company, Leo Kaytes, Sr., Leo Kaytes, Jr., Leslie Culkin, Bryan Caballero and Adele Van Haste |
| 7:2015cv01455 |
| February 27, 2015 |
| US District Court for the Southern District of New York |
| White Plains Office |
| XX Out of State |
| Cathy Seibel |
| Civil Rights: Other |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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Filing 56
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE: It is hereby stipulated and agreed by and between Plaintiff Heather Sawaqid and Defendants Leo Kaytes Ford Inc., Leo Kaytes (incorrectly sued herein as "Leo Kaytes, Sr."), Leo R. Kaytes (incorrectly sued herein as "Leo Kaytes, Jr."), Adele Van Haste and Leslie Culkin, that Plaintiff's claims in the above-captioned action are withdrawn with prejudice in their entirety and against all parties, and with no award of fees, costs or disbursements by the Court to any party. The remaining defendant (Bryan Caballero) never having appeared or apparently, been served, the claims against him are dismissed without prejudice. The Clerk shall close the case. So Ordered. (Signed by Judge Cathy Seibel on 3/10/17) (yv)
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Filing 55
MEMO ENDORSEMENT on re: #54 Letter advising of discontinuance of representation, filed by Adele Van Haste, Leslie Culkin, Leo Kaytes, Sr., Leo Kaytes, Jr., Leo Kaytes Ford Inc., (Attorney Shawn Matthew Clark terminated.) ENDORSEMENT: The Clerk of Court is respectfully directed to effectuate Mr. Clark's request. So Ordered. (Signed by Judge Cathy Seibel on 7/13/16) (yv)
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| Filing 54 LETTER addressed to Judge Cathy Seibel from Shawn Matthew Clark dated July 12, 2016 re: discontinuance of representation. Document filed by Leslie Culkin, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc., Adele Van Haste.(Clark, Shawn) |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Settlement Conference held on 7/7/2016, Michael Raymond DiChiara appearing in person for Plaintiff and John Joseph Porta appearing in person for Defendants. Adjourned. (Court Reporter courtflow) (Levy, Orrie) |
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Filing 53
ORDER denying without prejudice #51 Letter Motion for Discovery: If the parties are unable to settle with the help of Magistrate Judge Smith, this matter will be taken up at the conference that will be scheduled. Plaintiff should state her position (including describing what Rule 26 disclosures were made with respect to the witness), by letter of no more than 3 pages, one week in advance of the conference. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 52 RESCHEDULING NOTICE: In Person Settlement Conference previously set for 7/5/2016 at 2:30 pm is now set for 7/7/2016 at 11:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. (Signed by Magistrate Judge Lisa Margaret Smith on 7/5/2016) (rj) Modified on 8/3/2016 (rj). |
| Filing 51 FIRST LETTER MOTION for Discovery requesting leave to serve a subpoena on non-party witness Brian Klinger addressed to Judge Cathy Seibel from John J. Porta dated 07/05/2016. Document filed by Leslie Culkin, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc., Adele Van Haste.(Porta, John) |
| Filing 49 SCHEDULING NOTICE: The matter of Sawaqid v. Leo Kaytes Ford Inc. et al, 15cv1455 (CS)(LMS), has been scheduled for an in-person settlement conference before the Hon. Lisa Margaret Smith, United States Magistrate Judge, on Tuesday, July 5, 2016, at 2:30 PM in Courtroom 520. (Signed by Magistrate Judge Lisa Margaret Smith on 6/8/2016) (mml) |
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Filing 50
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Lisa Margaret Smith. So Ordered. (Signed by Judge Cathy Seibel on 6/7/16) (yv)
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Filing 48
MEMO ENDORSEMENT on re: #47 Rule 26(f) Discovery Plan Report filed by Adele Van Haste, Leslie Culkin, Leo Kaytes, Sr., Leo Kaytes, Jr., Leo Kaytes Ford Inc. ENDORSEMENT: I will refer the case to Magistrate Judge Smith for settlement. I think it makes sense to hold off on setting dates for expert discovery and to adjourn the 7/8/16 conference (as well as the submission of pre-motion letters) until settlement has run its course. The parties shall immediately advise if and when settlement discussions before the Magistrate Judge have concluded. At that time I will set a new date for pre-motion letters and a pre-motion conference (at which we can discuss whether it makes sense to proceed with expert discovery before motion practice -- but if so, the parties should not anticipate a schedule as leisurely as the one proposed). So Ordered. (Signed by Judge Cathy Seibel on 6/6/16) (yv)
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| Filing 47 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Leslie Culkin, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc., Adele Van Haste.(Porta, John) |
| Filing 46 LETTER addressed to Judge Cathy Seibel from Michael R. DiChiara dated 5/27/16 re: response to Brian Gitnik's letter of May 27, 2016 and opposing the request for an extension of the discovery deadline. Document filed by Heather Sawaqid.(yv) |
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Filing 45
ENDORSED LETTER addressed to Judge Cathy Seibel from Brian S. Gitnik dated 5/27/16 re: request a short extension of time for the parties to complete discovery in this matter. ENDORSEMENT: Application Denied, essentially for the reasons stated by Mr. DiChiara. I have no desire to inconvenience Mr. Gitnik, but given that Mr. Caballero was served May 12 and Mr. Caballero has not sought an extension or even met the lawyer who "has been retained" by an unstated third party, no extension seems warranted. So Ordered. (Signed by Judge Cathy Seibel on 5/27/16) (yv)
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Filing 44
ORDER granting #43 Letter Motion for Extension of Time to Complete Discovery: Fact discovery deadline extended to 6/1/16. Expert discovery deadline extended to 7/1/16. No further extensions. Conference previously set for 5/19/16 is adjourned to 7/8/16 at 3:45 pm. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 43 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Cathy Seibel from Plaintiff (joint request) dated 4/12/2016. Document filed by Heather Sawaqid.(DiChiara, Michael) |
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Filing 42
REVISED SCHEDULING ORDER granting 41 LETTER MOTION: Deposition due by 3/7/2016. All Fact Discovery due by 4/15/2016. All Expert Discovery due by 5/16/2016. Next Case Management Conference set for 5/19/2016 at 11:00 AM before Judge Cathy Seibel. 3/26/16 conference is off. This Scheduling Order will be modified by the Court only upon a timely showing of good cause. Any request for modification of this scheduling order must be in writing, and submitted in accordance with the undersigned's Individual Practices. So Ordered. (Signed by Judge Cathy Seibel on 1/5/16) (yv) Modified on 1/21/2016 (yv).
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| Minute Entry Court issues oral discovery rulings and deadlines. By January 22, 2016 plaintiff is to sit with her attorney and go through every social media account and produce what the Court ordered (unless it can be obtained by the public). The Court declines to conduct an in camera inspection at this time, but defendant can come back to the Court if he has grounds after production has been made. Conference previously scheduled before this Court for 3/26/16 is adjourned to 5/19/16 at 11:00 a.m. Pre-motion letters by 5/5/16; opposition by 5/12/16. Counsel may notify the Court at a later time when it believes a settlement conference with a Magistrate Judge would be productive, and if a discovery "pause" would make sense. See transcript. (aca) |
| Filing 41 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Cathy Seibel from John J. Porta dated December 30, 2015. Document filed by Leslie Culkin, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc., Adele Van Haste. (Attachments: #1 Text of Proposed Order)(Clark, Shawn) |
| Filing 40 LETTER RESPONSE in Opposition to Motion addressed to Judge Cathy Seibel from Michael DiChiara dated 12-29-15 re: #38 LETTER MOTION for Discovery addressed to Judge Cathy Seibel from John J. Porta dated December 17, 2015. LETTER MOTION for Conference addressed to Judge Cathy Seibel from John J. Porta dated December 17, 2015. . Document filed by Heather Sawaqid. (DiChiara, Michael) |
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Filing 39
ORDER granting #38 Letter Motion for Conference: Discovery conference set for 1/5/2016 at 2:45 pm. Plaintiff is to state her position, by letter of no more than three pages, one week in advance. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 38 LETTER MOTION for Discovery addressed to Judge Cathy Seibel from John J. Porta dated December 17, 2015., LETTER MOTION for Conference addressed to Judge Cathy Seibel from John J. Porta dated December 17, 2015. Document filed by Leslie Culkin, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc., Adele Van Haste. (Attachments: #1 Exhibit Exhibits A-C, #2 Exhibit Exhibit D, #3 Exhibit Exhibit E, #4 Exhibit Exhibit F, #5 Appendix Appendix Part 1, #6 Appendix Appendix Part 2)(Porta, John) |
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Filing 37
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Cathy Seibel on 9/25/2015) (As Further Set Forth In This Order) (lnl)
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Filing 36
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: The case is to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any pre-motion conference in connection with a motion to amend or join additional parties must be requested by October 26, 2015. All Fact Discovery due by 2/16/2016. Depositions due by 1/5/2016. All Expert Discovery due by 3/16/2016. Next Case Management Conference set for 3/26/2016 at 10:00 AM before Judge Cathy Seibel. This case has been designated to the Honorable Lisa M. Smith, United States Magistrate Judge, for discovery disputes if the Court is unavailable. SO ORDERED. (Signed by Judge Cathy Seibel on 9/4/2015) (lnl)
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| Filing 35 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Leslie Culkin, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc., Heather Sawaqid, Adele Van Haste.(Clark, Shawn) |
| Filing 34 NOTICE OF VOLUNTARY PARTIAL DISMISSAL AGAINST DEFENDANT FORD MOTOR COMPANY PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(l)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff HEATHER SAWAQID and her counsel hereby give notice that the above-captioned matter is voluntarily dismissed, without prejudice against the Defendant FORD MOTOR COMPANY. Ford Motor Company terminated. (Signed by Judge Cathy Seibel on 7/31/2015) (rj) |
| ***NOTE TO ATTORNEY TO EMAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Michael DiChiara to E-MAIL Document No. #33 Notice of Voluntary Dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (km) |
| Filing 33 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Ford Motor Company. Document filed by Heather Sawaqid. (DiChiara, Michael) Modified on 7/29/2015 (km). |
| Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 7/15/2015. Plaintiff to amend by 7/29/15. If not going to amend, plaintiff can withdraw, or the Court will treat the pre-motion letters as a motion to dismiss. Advise the Court by 7/29/15. All fact discovery to be completed by 2/16/16; all expert discovery by 3/16/16. Motion to dismiss 9/16/15; oppositon 10/6/15; reply 10/21/15. Oral ruling 11/24/15 at 3:30 p.m. See transcript.(Court Reporter Albi Gorn) (aca) |
| Filing 32 PRE-CONFERENCE STATEMENT Regarding Ford's Request for Pre-Motion Conference. Document filed by Heather Sawaqid.(DiChiara, Michael) |
| Filing 31 ANSWER to #28 Amended Complaint,. Document filed by Leslie Culkin, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc., Adele Van Haste.(Clark, Shawn) |
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Filing 30
ORDER granting #29 Letter Motion for Conference: The previously scheduled initial conference on 7/15/15 at 9:30 a.m. will also serve a pre-motion conference. Plaintiff shall state her position as to Ford's requested motion, by letter of no more than three pages, one week in advance. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 29 LETTER MOTION for Conference re: #28 Amended Complaint, addressed to Judge Cathy Seibel from Timothy S. Millman dated June 25, 2015. Document filed by Ford Motor Company.(Millman, Timothy) |
| Filing 28 FIRST AMENDED COMPLAINT amending #1 Complaint against Bryan Caballero, Leslie Culkin, Ford Motor Company, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc., Adele Van Haste with JURY DEMAND.Document filed by Heather Sawaqid. Related document: #1 Complaint filed by Heather Sawaqid.(DiChiara, Michael) |
| Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate China-Jiangling Motors Corporation, Limited, Other Affiliate Turkey-Ford Otomotiv Sanayi Anonim Sirketi (Ford Otosan), Other Affiliate State Street Corporation for Ford Motor Company. Document filed by Ford Motor Company.(Millman, Timothy) |
| Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #27) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent China-Jiangling Motors Corporation, Limited, Corporate Parent Turkey-Ford Otomotiv Sanayi Anonim Sirketi (Ford Otosan) for Ford Motor Company. Document filed by Ford Motor Company.(Millman, Timothy) Modified on 6/19/2015 (lb). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Timothy S Millman to RE-FILE Document #23 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) |
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Filing 25
ORDER granting #24 Letter Motion to Adjourn Conference: Amended Complaint to be filed by 6/19/15. Initial Conference set for 7/15/2015 at 09:30 AM. Plaintiff's counsel is advised that Plaintiff's letter regarding Defendants' proposed motion was due last week (on 6/9/15) and that under my Individual Practices, requests for adjournments must be made three business days before the scheduled appearance. The late request resulted in unnecessary preparation by me and my law clerk. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 24 LETTER MOTION to Adjourn Conference addressed to Judge Cathy Seibel from Michael DiChiara dated 6/15/15. Document filed by Heather Sawaqid.(DiChiara, Michael) |
| Filing 23 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ford Motor Company.(Millman, Timothy) Modified on 6/17/2015 (lb). |
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Filing 22
ORDER granting #20 Motion for Timothy S. Millman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 21 NOTICE OF APPEARANCE by Evan Lewis Browne on behalf of Ford Motor Company. (Browne, Evan) |
| Filing 20 MOTION for Timothy S. Millman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11022279. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ford Motor Company. (Attachments: #1 Certificates of Good Standing, #2 Text of Proposed Order)(Millman, Timothy) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Timothy S. Millman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11022279. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 19
ORDER granting #18 Letter Motion to Adjourn Conference: Pre-Motion Conference adjourned to 6/16/2015 at 03:15 PM. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 18 LETTER MOTION to Adjourn Conference addressed to Judge Cathy Seibel from John J. Porta dated May 26, 2015. Document filed by Leslie Culkin, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc., Adele Van Haste.(Porta, John) |
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Filing 17
MEMO ENDORSEMENT: granting #16 LETTER MOTION for Conference addressed to Judge Cathy Seibel from John J. Porta dated May 18, 2015. ENDORSEMENT: Pre-motion conference to be held on: Friday, June 5, 2015 at 11:00 am. Opposing counsel to state position (by letter not to exceed 3 pages) in writing one week in advance. So Ordered. (Pre-Motion Conference set for 6/5/2015 at 11:00 AM before Judge Cathy Seibel) (Signed by Judge Cathy Seibel on 5/18/2015) (lnl)
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| Filing 16 LETTER MOTION for Conference addressed to Judge Cathy Seibel from John J. Porta dated May 18, 2015. Document filed by Leslie Culkin, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc., Adele Van Haste.(Porta, John) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Leslie Culkin, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc., Adele Van Haste.(Porta, John) |
| Filing 14 NOTICE OF APPEARANCE by Shawn Matthew Clark on behalf of Leslie Culkin, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc., Adele Van Haste. (Clark, Shawn) |
| Filing 13 NOTICE OF APPEARANCE by John Joseph Porta on behalf of Leslie Culkin, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc., Adele Van Haste. (Porta, John) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. Ford Motor Company waiver sent on 5/4/2015, answer due 7/6/2015. Document filed by Heather Sawaqid. (DiChiara, Michael) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #16 Letter Motion) - LETTER MOTION for Conference addressed to Judge Cathy Seibel from John J. Porta dated May 18, 2015. Document filed by Leslie Culkin, Ford Motor Company, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc., Adele Van Haste.(Porta, John) Modified on 5/21/2015 (db). |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #15 Rule 7.1) - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Leslie Culkin, Ford Motor Company, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc., Adele Van Haste.(Porta, John) Modified on 5/21/2015 (db). |
| Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #14 Notice) - NOTICE OF APPEARANCE by Shawn Matthew Clark on behalf of Leslie Culkin, Ford Motor Company, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc., Adele Van Haste. (Clark, Shawn) Modified on 5/21/2015 (db). |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #13 Notice) - NOTICE OF APPEARANCE by John Joseph Porta on behalf of Leslie Culkin, Ford Motor Company, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc., Adele Van Haste. (Porta, John) Modified on 5/21/2015 (db). |
| Filing 7 WAIVER OF SERVICE RETURNED EXECUTED. Leo Kaytes Ford Inc. waiver sent on 3/19/2015, answer due 5/18/2015. Document filed by Heather Sawaqid. (DiChiara, Michael) |
| Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. Leo Kaytes, Sr waiver sent on 3/19/2015, answer due 5/18/2015. Document filed by Heather Sawaqid. (DiChiara, Michael) |
| Filing 5 WAIVER OF SERVICE RETURNED EXECUTED. Leo Kaytes, Jr waiver sent on 3/19/2015, answer due 5/18/2015. Document filed by Heather Sawaqid. (DiChiara, Michael) |
| Filing 4 WAIVER OF SERVICE RETURNED EXECUTED. Adele Van Haste waiver sent on 3/19/2015, answer due 5/18/2015. Document filed by Heather Sawaqid. (DiChiara, Michael) |
| Filing 3 WAIVER OF SERVICE RETURNED EXECUTED. Leslie Culkin waiver sent on 3/19/2015, answer due 5/18/2015. Document filed by Heather Sawaqid. (DiChiara, Michael) |
| Filing 2 CIVIL COVER SHEET filed. (lnl) |
| Filing 1 COMPLAINT against Bryan Caballero, Leslie Culkin, Ford Motor Company, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc.. (Filing Fee $350.00, Receipt Number 465401118196) Document filed by Heather Sawaqid. (lnl) |
| SUMMONS ISSUED as to Bryan Caballero, Leslie Culkin, Ford Motor Company, Leo Kaytes, Jr, Leo Kaytes, Sr, Leo Kaytes Ford Inc. (lnl) |
| Case Designated ECF. (lnl) |
| Magistrate Judge Lisa M. Smith is so designated. (lnl) |
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