Ford Motor Company v. Darwish Auto Group LLC et al
| Ford Motor Company |
| Darwish Auto Group LLC, WD Adams 2 LLC, Darwish General Corporation, WD East Green, LLC, WD Nell 3 LLC, WD Seneca LLC, Walid Darwish, WD Adams 2 LLC doing business as Wally's Ford of Adams, Darwish General Corp, WD East Green, LLC doing business as Wally's Ford of East Greenbush, WD Nell 3 LLC doing business as Wally's Ford of Nelliston and WD Seneca LLC doing business as Wally's Ford of Seneca Falls |
| 7:2024cv01308 |
| February 21, 2024 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Contract: Franchise |
| 28 U.S.C. § 1332 jd Diversity-Declaratory Judgement |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 40 MEMORANDUM OF LAW in Support re: #38 MOTION to Dismiss . . Document filed by Darwish Auto Group LLC, Darwish General Corp, WD Adams 2 LLC, WD East Green, LLC, WD Nell 3 LLC, WD Seneca LLC..(McRory, Russell) |
| Filing 39 DECLARATION of Russell P. McRory, Esq. in Support re: #38 MOTION to Dismiss .. Document filed by Darwish Auto Group LLC, Darwish General Corp, WD Adams 2 LLC, WD East Green, LLC, WD Nell 3 LLC, WD Seneca LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(McRory, Russell) |
| Filing 38 MOTION to Dismiss . Document filed by Darwish Auto Group LLC, Darwish General Corp, WD Adams 2 LLC, WD East Green, LLC, WD Nell 3 LLC, WD Seneca LLC. Responses due by 5/3/2024 Return Date set for 6/3/2024 at 11:00 AM..(McRory, Russell) |
| Filing 37 ANSWER to #1 Complaint,., COUNTERCLAIM against Ford Motor Company. Document filed by Walid Darwish..(Blatt, Steven) |
| Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 4/5/2024. Plaintiff's counsel(s) Louis Chronowski, Esq. and Owen Smith, Esq. appear telephonically. Counsel(s) for Defendant(s) Darwish Auto Group LLC, WD Adams 2 LLC, Darwish General Corp, WD East Green, LLC, WD Nell 3 LLC, and WD Seneca LLC, Shayshari Potter, Esq. and Daisy Sexton, Esq., appear telephonically. Counsel for Defendant Walid Darwish, Steven Blatt, Esq., appears telephonically. Law Clerk Tatiana Codner appears telephonically. Defendants' Motion to Transfer to submitted by April 19, 2024; Plaintiff's opposition due May 3, 2024; Defendants' reply due May 10, 2024. The Court will issue a ruling from the bench as to the Motion on June 3, 2024 at 11:00 a.m. in Courtroom 621. This proceeding was recorded via the AT&T Teleconference platform. (Bench Ruling set for 6/3/2024 at 11:00 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel). (wc) |
| Filing 36 NOTICE OF APPEARANCE by Daisy Sexton on behalf of Darwish Auto Group LLC, Darwish General Corp, WD Adams 2 LLC, WD East Green, LLC, WD Nell 3 LLC, WD Seneca LLC..(Sexton, Daisy) |
| Filing 35 NOTICE OF APPEARANCE by Shayshari Potter on behalf of Darwish Auto Group LLC, Darwish General Corp, WD Adams 2 LLC, WD East Green, LLC, WD Nell 3 LLC, WD Seneca LLC..(Potter, Shayshari) |
| Filing 34 NOTICE OF APPEARANCE by Michael Palmer McMahan on behalf of Darwish Auto Group LLC, Darwish General Corp, WD Adams 2 LLC, WD East Green, LLC, WD Nell 3 LLC, WD Seneca LLC..(McMahan, Michael) |
| Filing 33 LETTER addressed to Judge Cathy Seibel from Owen H. Smith dated March 29, 2024 re: Response to ECF No 28 (Letter to Judge Seibel) and ECF No 29 - 3-13 -24 Order. Document filed by Ford Motor Company..(Smith, Owen) |
Filing 32
ORDER granting #31 Letter Motion for Extension of Time to Answer: Walid Darwish may have until 4/17/24 to respond to the Complaint, but Mr. Blatt should join the 4/5/24 phone conference regarding the motion the co-defendants would like to make. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 31 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Cathy Seibel from Steven Blatt, Esq. dated March 20, 2024. Document filed by Walid Darwish..(Blatt, Steven) |
| Filing 30 NOTICE OF APPEARANCE by Steven H Blatt on behalf of Walid Darwish..(Blatt, Steven) |
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Filing 29
MEMO ENDORSEMENT on re: #28 Letter, filed by WD Seneca LLC, WD Nell 3 LLC, WD Adams 2 LLC, WD East Green, LLC, Darwish Auto Group LLC, Darwish General Corp. ENDORSEMENT: Telephonic pre-motion conference to be held on 4/5/24 at 11:15 am. Call-in number is 877-336-1839 and access code is 1047966#. Plaintiff shall respond to Defendants' letter no later than 3/29/24. SO ORDERED. (Telephone Conference set for 4/5/2024 at 11:15 AM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 3/13/2024) (mml)
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| Filing 28 LETTER addressed to Judge Cathy Seibel from Russell P. McRory dated March 11, 2024 re: Pre-Motion Conference. Document filed by Darwish Auto Group LLC, Darwish General Corp, WD Adams 2 LLC, WD East Green, LLC, WD Nell 3 LLC, WD Seneca LLC..(McRory, Russell) |
| Filing 27 NOTICE OF APPEARANCE by Russell Pries McRory on behalf of Darwish Auto Group LLC, Darwish General Corp, WD Adams 2 LLC, WD East Green, LLC, WD Nell 3 LLC, WD Seneca LLC..(McRory, Russell) |
| Filing 26 AFFIDAVIT OF SERVICE of Summons and Complaint,. Walid Darwish served on 3/8/2024, answer due 3/29/2024. Service was made by MAIL. Document filed by Ford Motor Company..(Smith, Owen) |
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Filing 25
ORDER granting #24 Motion for Zoe Cross to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| Filing 24 MOTION for Zoe Cross to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-29054971. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ford Motor Company. (Attachments: #1 Exhibit Exhibit A - Certificate of Good Standing, #2 Exhibit Exhibit B - Declaration in support of Motion for Admission Pro Hac Vice, #3 Exhibit Exhibit C - Proposed Order).(Cross, Zoe) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Zoe Cross to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-29054971. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 23 AFFIDAVIT OF SERVICE of Summons and Complaint,. WD Seneca LLC served on 3/4/2024, answer due 3/25/2024. Service was accepted by Nancy Dougherty, Clerk. Document filed by Ford Motor Company..(Smith, Owen) |
| Filing 22 AFFIDAVIT OF SERVICE of Summons and Complaint,. WD Nell 3 LLC served on 3/4/2024, answer due 3/25/2024. Service was accepted by Nancy Dougherty, Clerk. Document filed by Ford Motor Company..(Smith, Owen) |
| Filing 21 AFFIDAVIT OF SERVICE of Summons and Complaint,. WD East Green, LLC served on 3/4/2024, answer due 3/25/2024. Service was accepted by Nancy Dougherty, Clerk. Document filed by Ford Motor Company..(Smith, Owen) |
| Filing 20 AFFIDAVIT OF SERVICE of Summons and Complaint,. WD Adams 2 LLC served on 3/4/2024, answer due 3/25/2024. Service was accepted by Nancy Dougherty, Clerk. Document filed by Ford Motor Company..(Smith, Owen) |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#20) AFFIDAVIT OF SERVICE of Summons and Complaint,. Ford Motor Company served on 3/4/2024, answer due 3/25/2024. Service was accepted by Nancy Dougherty, Clerk. Document filed by Ford Motor Company..(Smith, Owen) Modified on 3/7/2024 (lb). |
| Filing 18 AFFIDAVIT OF SERVICE of Summons and Complaint,. Darwish General Corp served on 3/4/2024, answer due 3/25/2024. Service was accepted by Nancy Dougherty, Clerk. Document filed by Ford Motor Company..(Smith, Owen) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint,. Darwish Auto Group LLC served on 3/4/2024, answer due 3/25/2024. Service was accepted by Nancy Dougherty, Clerk. Document filed by Ford Motor Company..(Smith, Owen) |
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Filing 16
ORDER granting #15 Motion for Louis S. Chronowski Jr. to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Louis S. Chronowski Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29044459. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
| Filing 15 MOTION for Louis S. Chronowski Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29044459. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ford Motor Company. (Attachments: #1 Exhibit A - Certificates of Good Standing, #2 Exhibit B - Declaration of L. Chronowski iso Motion, #3 Exhibit C - Proposed order).(Chronowski, Louis) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Walid Darwish, Darwish Auto Group LLC, Darwish General Corp, WD Adams 2 LLC, WD East Green, LLC, WD Nell 3 LLC, WD Seneca LLC. (vf) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Darwish Auto Group, LLC; Darwish General Corp.; WD Adams 2, LLC; WD East Green, LLC; WD Nell 3, LLC; WD Seneca, LLC; Walid Darwish, re: #1 Complaint,. Document filed by Ford Motor Company..(Smith, Owen) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ford Motor Company..(Smith, Owen) |
| Filing 11 CIVIL COVER SHEET filed..(Smith, Owen) |
| Magistrate Judge Andrew E. Krause is designated to handle matters that may be referred in this case. 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Owen Harris Smith to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Owen Harris Smith. The party information for the following party/parties has been modified: Ford Motor Company, Darwish General Corporation, WD Adams 2 LLC, WD East Green, LLC, WD Nell 3 LLC, WD Seneca LLC. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; alias party name was omitted;. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Owen Harris Smith to RE-FILE Document No. #8 Request for Issuance of Summons, #10 Request for Issuance of Summons, #4 Request for Issuance of Summons, #6 Request for Issuance of Summons, #9 Request for Issuance of Summons, #7 Request for Issuance of Summons, #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Summons caption title does not exactly match complaint caption title (alias were not included). Create one summons form and use a rider listing each defendant and their addresses. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Owen Harris Smith to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): incorrect citizenships were selected. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Owen Harris Smith. The following case opening statistical information was erroneously selected/entered: County code Wayne;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to WD Seneca, LLC, re: #1 Complaint,. Document filed by Ford Motor Company..(Smith, Owen) Modified on 2/22/2024 (pc). |
| Filing 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to WD East Green, LLC, re: #1 Complaint,. Document filed by Ford Motor Company..(Smith, Owen) Modified on 2/22/2024 (pc). |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to WD Nell 3, LLC, re: #1 Complaint,. Document filed by Ford Motor Company..(Smith, Owen) Modified on 2/22/2024 (pc). |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to WD Adams 2, LLC, re: #1 Complaint,. Document filed by Ford Motor Company..(Smith, Owen) Modified on 2/22/2024 (pc). |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Walid Darwish, re: #1 Complaint,. Document filed by Ford Motor Company..(Smith, Owen) Modified on 2/22/2024 (pc). |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Darwish General Corp., re: #1 Complaint,. Document filed by Ford Motor Company..(Smith, Owen) Modified on 2/22/2024 (pc). |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Darwish Auto Group, LLC, re: #1 Complaint,. Document filed by Ford Motor Company..(Smith, Owen) Modified on 2/22/2024 (pc). |
| Filing 3 FILING ERROR -- DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ford Motor Company..(Smith, Owen) Modified on 2/22/2024 (lb). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Smith, Owen) Modified on 2/22/2024 (pc). |
| Filing 1 COMPLAINT against Walid Darwish, Darwish Auto Group LLC, Darwish General Corporation, WD Adams 2 LLC, WD East Green, LLC, WD Nell 3 LLC, WD Seneca LLC. (Filing Fee $ 405.00, Receipt Number ANYSDC-28976094)Document filed by Ford Motor Company..(Smith, Owen) |
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