LaMarca v. General Motors, LLC
Plaintiff: Jennifer M. LaMarca
Defendant: General Motors, LLC and James Lee McIntosh
Case Number: 1:2019cv00118
Filed: January 23, 2019
Court: US District Court for the Western District of New York
Presiding Judge: Jeremiah J McCarthy
Referring Judge: William M Skretny
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 21, 2019 Opinion or Order Filing 12 ORDER OF PRELIMINARY PRETRIAL Conference set for 4/23/2019 at 03:30 PM before Hon. Jeremiah J. McCarthy. Signed by Hon. Jeremiah J. McCarthy on 3/21/19. (DAZ)
March 1, 2019 Filing 11 DECLARATION signed by Jon Ross R. Wilson re 9 Order,,, #10 Response to Order to Show Cause filed by Jennifer M. LaMarca . (Attachments: #1 Exhibit MV-104-A Police Accident Report)(Wilson, Jon Ross)
February 28, 2019 Filing 10 RESPONSE TO ORDER TO SHOW CAUSE by General Motors, LLC. (Attachments: #1 Affidavit)(Kordich, Kyle)
February 15, 2019 Filing 9 TEXT ORDER: "Courts have an independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it." Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010). For purposes of diversity jurisdiction, a limited liability company has the citizenship of each of its members. See Handelsman v. Bedford Village Associates Limited Partnership, 213 F.3d 48, 51-52 (2d Cir. 2000). Therefore, on or before March 1, 2019, defendant General Motors, LLC, shall file a statement listing the names and citizenships of each of its members, and if any of its members are also limited liability companies (or limited liability partnerships), the names and citizenships of each of their members (or partners) shall also be identified. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/15/19. (DAZ)
February 15, 2019 Filing 8 TEXT REFERRAL ORDER - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by United States District Judge William M. Skretny on 2/15/2019. (JCM) Modified on 2/15/2019 to correct the name of the Magistrate Judge (MEAL).
February 15, 2019 E-Filing Notification: 8 TEXT REFERRAL ORDER - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by United States District Judge William M. Skretny on 2/15/2019. (JCM) Modified on 2/15/2019 to correct the name of the Magistrate Judge (MEAL).
January 28, 2019 Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (SG)
January 28, 2019 Case assigned to Hon. William M. Skretny. Notification to Chambers of on-line civil case opening. (SG)
January 28, 2019 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(SG)
January 25, 2019 Filing fee: $400.00, receipt number 62988 (SG)
January 25, 2019 Filing 7 CONTINUATION OF EXHIBITS to #4 Answer to Complaint Executed Verification. (Kordich, Kyle)
January 24, 2019 Filing 6 Corporate Disclosure Statement by General Motors, LLC. (Kordich, Kyle)
January 24, 2019 Filing 5 CONTINUATION OF EXHIBITS . (Kordich, Kyle)
January 24, 2019 Filing 4 ANSWER to Complaint by General Motors, LLC. (Attachments: #1 Rule 7.1 Disclosure, #2 Affidavit Affidavit of Service)(Kordich, Kyle)
January 24, 2019 Filing 3 CONTINUATION OF EXHIBITS to #2 Notice of Removal, #1 Notice of Removal . (Kordich, Kyle)
January 24, 2019 E-Filing Notification: No fee received with case opening. Attorney contacted and advised they have 24 hours to resolve matter(SG)
January 24, 2019 E-Filing Notification: regarding #2 NOTICE OF REMOVAL, No Index to State Court Record filed. Attorney is directed to use the continuation of exhibits event to file the Index. In addition, the Rule 7.1 Disclosure should be refiled using the Corporate Disclosure Statement event found under Other Filings, Other Documents. (SG)
January 23, 2019 Filing 2 NOTICE OF REMOVAL by General Motors, LLC (Attachments: #1 Affidavit Certificate of Service)(Kordich, Kyle)
January 23, 2019 Filing 1 NOTICE OF REMOVAL by General Motors, LLC from NYS Erie County Supreme Court, case number 819526/2018. (Attachments: #1 Civil Cover Sheet)(Kordich, Kyle)

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Defendant: General Motors, LLC
Represented By: Kyle N. Kordich
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Defendant: James Lee McIntosh
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Plaintiff: Jennifer M. LaMarca
Represented By: Jon Ross Randall Wilson
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