AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS v. BMW OF NORTH AMERICA, LLC AND WEST HERR AUTOMOTIVE GROUP
Plaintiff: AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS
Defendant: BMW OF NORTH AMERICA, LLC AND WEST HERR AUTOMOTIVE GROUP, West Herr Automotive Group, BMW of North America, LLC. and WHAC LLC D/B/A BMW OF ROCHESTER
Case Number: 6:2016cv06749
Filed: November 17, 2016
Court: US District Court for the Western District of New York
Office: Rochester Office
County: Monroe
Presiding Judge: David G Larimer
Referring Judge: Marian W Payson
Nature of Suit: Tort Product Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2020 Opinion or Order Filing 49 Minute Entry for proceedings held before Hon. David G. Larimer: Trial Date Status Conference held on 9/8/2020 via Zoom for Government. Plaintiff's counsel suggests the possibility of a bench trial. Counsel to defendants advises he would need to consult with his clients regarding a bench trial. Jury Trial set for 5/17/21. Pretrial Conference set for 5/7/21 at 11:00 a.m. The parties discuss the possibility of re-engaging in mediation. Plaintiff to send a formal demand to defendants. (Court Reporter Christi Macri.)Appearances: Brett Corson, Esq. by video, Nelson E. Cantor, Esq. by telephone, Joseph Kim, Esq. by video (CAM)
August 24, 2020 Opinion or Order Remark: The status conference to set a trial date on 9/8/20 at 11:00 a.m. will be by Zoom for Government. The Court will send the invitation prior to the appearance. (PR)
August 19, 2020 Opinion or Order Filing 48 TEXT ORDER. Trial Date Status Conference set for 9/8/2020 11:00 AM before Hon. David G. Larimer. The parties should be prepared to report a status and to set a trial date. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 8/19/20. (PR)
March 20, 2020 Opinion or Order Filing 47 DECISION AND ORDER Defendants' motion for summary judgment #36 is granted in part and denied in part. Plaintiff's design defect and breach of express warranty claims are dismissed, and plaintiff's claims alleging a manufacturing defect, failure to warn, and breach of implied warranties remain. Plaintiff's motion to exclude the testimony of Mark Yeldham #35 is likewise granted in part and denied in part, as described herein: Yeldham may testify as a hybrid fact/expert witness with respect to his investigation of fire damage to the subject Vehicle, but is precluded from testifying as an expert witness concerning structure fires and/or the interpretation of structural fire damage. Signed by Hon. David G. Larimer on 3/20/2020. (KAH)-CLERK TO FOLLOW UP-
December 13, 2018 Opinion or Order Filing 46 DECLARATION signed by Mark Yeldham re #45 Reply to Response to Motion, #36 MOTION for Summary Judgment filed by BMW of North America, LLC., WHAC LLC D/B/A BMW OF ROCHESTER filed by BMW of North America, LLC., WHAC LLC D/B/A BMW OF ROCHESTER. (Attachments: #1 Exhibit "RR" - CPO Warranty)(Kim, Joseph)
December 13, 2018 Opinion or Order Filing 45 REPLY to Response to Motion re #36 MOTION for Summary Judgment and in Further Support filed by BMW of North America, LLC., WHAC LLC D/B/A BMW OF ROCHESTER. (Kim, Joseph)
November 28, 2018 Opinion or Order Filing 44 MEMORANDUM in Opposition re #36 MOTION for Summary Judgment filed by AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS. (Attachments: #1 Statement of Undisputed Facts, #2 Certificate of Service)(Corson, Brett)
November 15, 2018 Opinion or Order Filing 43 MEMORANDUM in Opposition re #35 MOTION Preclude Opinion and Expert Testimony of Mark Yeldham with cert. of service filed by BMW of North America, LLC., WHAC LLC D/B/A BMW OF ROCHESTER. (Kim, Joseph)
November 15, 2018 Opinion or Order Filing 42 DECLARATION signed by Joseph Kim re #35 MOTION Preclude Opinion and Expert Testimony of Mark Yeldham with cert. of service filed by BMW of North America, LLC., WHAC LLC D/B/A BMW OF ROCHESTER filed by BMW of North America, LLC., WHAC LLC D/B/A BMW OF ROCHESTER. (Attachments: #1 Exhibit "A" - Yeldham Deposition Transcript)(Kim, Joseph)
October 31, 2018 Opinion or Order Filing 41 NOTICE by AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS re #35 MOTION Preclude Opinion and Expert Testimony of Mark Yeldham with cert. of service, E-Filing Notification, Notice of Motion (Corson, Brett)
October 30, 2018 Opinion or Order Filing 40 TEXT ORDER re #35 MOTION Preclude Opinion and Expert Testimony of Mark Yeldham filed by AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS and #36 MOTION for Summary Judgment filed by WHAC LLC D/B/A BMW OF ROCHESTER, BMW of North America, LLC. Each party's response is due by 11/30/2018. Reply papers by the moving party must be filed no later than fifteen (15) days following the filing of responding papers. When all papers have been submitted, the Court will review them to determine if argument is necessary and if so, the parties will receive notice of the argument date. IT IS SO ORDERED.. Signed by Hon. David G. Larimer on 10/30/18. (PR)
October 26, 2018 Opinion or Order Filing 39 DECLARATION signed by Joseph Kim re #36 MOTION for Summary Judgment filed by BMW of North America, LLC., WHAC LLC D/B/A BMW OF ROCHESTER filed by BMW of North America, LLC., WHAC LLC D/B/A BMW OF ROCHESTER. (Attachments: #1 Exhibit "A" - Second Amended Complaint, #2 Exhibit "B" - Amy Laukaitis Deposition Transcript, #3 Exhibit "C" - Paul Laukaitis Deposition Transcript, #4 Exhibit "D" - Laurelton Fire Report Incident 2015-000214, #5 Exhibit "E" - Warranty Vehicle Inquiry Excerpt, #6 Exhibit "F" - WHAC Documents Excerpt, #7 Exhibit "G" - BMW NA Internal Field Report 5-6-15, #8 Exhibit "H" - Yeldham Deposition Transcript, #9 Exhibit "I" - Yeldham Report, #10 Exhibit "J" - Expert Davis Report, #11 Exhibit "K" - Henry Report, #12 Exhibit "L" - Henry Deposition Transcript, #13 Exhibit "M" - Lyons Report Excerpt, #14 Exhibit "N" - Lyons Deposition Transcrpt, #15 Exhibit "O" - Doyle Report Excerpt, #16 Exhibit "P" - Doyle Deposition Transcript, #17 Exhibit "Q" - Doyle_s Handwritten Notes re Posiko Statement, #18 Exhibit "R" - Phillips Report and CV Excerpt, #19 Exhibit "S" - Henry IMG_1445, #20 Exhibit "T" - Henry IMG_1455, #21 Exhibit "U" - Doyle IMG_7074, #22 Exhibit "V" - Doyle IMG_7075, #23 Exhibit "W" - Davis 5-6-15 IMG_0205, #24 Exhibit "X" - Doyle IMG_7094, #25 Exhibit "Y" - Doyle IMG_7095, #26 Exhibit "Z" - Davis 6-4-15 IMG_0116, #27 Exhibit "AA" - Davis 5-6-15 IMG_0303, #28 Exhibit "BB" - Davis 5-6-15 IMG_0376, #29 Exhibit Doyle IMG_7126, #30 Exhibit "DD" - Doyle IMG_8275, #31 Exhibit "EE" - Henry Deposition Exh "C" - Photo No. 67, #32 Exhibit Doyle Report Photo No. 129, #33 Exhibit "GG" - Davis 5-6-15 IMG_0375, #34 Exhibit "HH" - Davis 6-4-15 IMG_0279, #35 Exhibit "II" - Davis 6-4-15 IMG_0303, #36 Exhibit "JJ" - Davis 6-4-15 IMG_0281, #37 Exhibit "KK" - Doyle Report Photo No. 170, #38 Exhibit "LL" - Davis 6-4-15 IMG_0294, #39 Exhibit "MM" - Davis 6-4-15 IMG_0298, #40 Exhibit "NN" - Davis 6-4-15 IMG_0314, #41 Exhibit "OO" - Davis 6-4-15 IMG_0306, #42 Exhibit "PP" - Davis 5-6-15 IMG_0288, #43 Exhibit "QQ" - Davis 6-4-15 IMG_0147)(Kim, Joseph)
October 26, 2018 Opinion or Order Filing 38 STATEMENT OF FACTS Pursuant to Local Rule 56(a)(1) by BMW of North America, LLC., WHAC LLC D/B/A BMW OF ROCHESTER Related document: #36 Motion for Summary Judgment. (Kim, Joseph)
October 26, 2018 Opinion or Order Filing 37 MEMORANDUM in Support re #36 MOTION for Summary Judgment filed by BMW of North America, LLC., WHAC LLC D/B/A BMW OF ROCHESTER. (Kim, Joseph)
October 26, 2018 Opinion or Order Filing 36 MOTION for Summary Judgment by BMW of North America, LLC., WHAC LLC D/B/A BMW OF ROCHESTER.(Kim, Joseph)
October 24, 2018 Opinion or Order E-Filing Notification: re #35 MOTION Preclude Opinion and Expert Testimony of Mark Yeldham with cert. of service. Notice of Motion. A notice of motion is required for all motions, and must state: the relief sought, the grounds for the request, the papers submitted in support, and the return date for the motion, if known. A moving party who intends to file and serve reply papers must so state in the notice of motion. (BK)
October 24, 2018 Opinion or Order Filing 35 MOTION Preclude Opinion and Expert Testimony of Mark Yeldham with cert. of service by AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS. (Attachments: #1 Exhibit Plaintiff Expert Disclosures, #2 Exhibit Sign-In Sheets, #3 Exhibit Defendant Expert Disclosures, #4 Exhibit Email Correspondence)(Corson, Brett)
March 8, 2018 Opinion or Order Filing 34 AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Fact Discovery to be completed by 4/30/2018. Motions to Compel Discovery due by 4/30/2018. Plaintiff Expert Witness ID due by 6/1/2018. Defendant Expert Witness ID due by 7/16/2018. Expert Discovery to be completed by 8/31/2018. Dispositive Motions due by 10/29/2018. Signed by Hon. Marian W. Payson on 3/8/2018. (KAH)
February 13, 2018 Opinion or Order Filing 33 LETTER ORDER (Having reviewed this letter and the responsive letter from Mr. Corson, defendants' application to adjourn the depositions scheduled for 2/14/2018 and 2/15/2018 is granted, as is their application to extend the fact discovery deadline until 3/16/2018.) Signed by Hon. Marian W. Payson on 2/13/2018. (KAH)
November 14, 2017 Opinion or Order Filing 32 Minute Entry for proceedings held before Hon. Marian W. Payson: Telephone Conference held on 11/14/2017. Appearances: Brett R. Corson, Esq. and Joseph Kim, Esq. (CAM)
November 14, 2017 Opinion or Order Filing 31 AMENDED SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) First Mediation Session due by 1/31/2018. Fact Discovery to be completed by 2/28/2018. Motions to Compel Discovery due by 2/28/2018. Plaintiff Expert Witness ID due by 4/2/2018. Defendant Expert Witness ID due by 5/17/2018. Expert Discovery to be completed by 7/2/2018. Dispositive Motions due by 7/30/2018. Signed by Hon. Marian W. Payson on 11/14/2017. (KAH)
August 22, 2017 Opinion or Order Filing 30 LETTER ORDER granting in part request for extension of initial mediation deadline. The initial mediation session shall be conducted by no later than 10/31/2017. (First Mediation Session due by 10/31/2017.) Signed by Hon. Marian W. Payson on 8/22/2017. (KAH)
May 24, 2017 Opinion or Order Filing 29 Stipulation-Selection of Mediator by BMW of North America, LLC., WHAC LLC D/B/A BMW OF ROCHESTER (Kim, Joseph)
April 26, 2017 Opinion or Order Filing 28 Minute Entry for proceedings held before Hon. Marian W. Payson: Telephone Scheduling Conference held on 4/26/2017. Appearances: Nelson E. Canter, Esq. and Joseph Kim, Esq. (CAM)
April 26, 2017 Opinion or Order Filing 27 SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Status Conference set for 11/14/2017 11:40 AM before Hon. Marian W. Payson. Stipulation of Selection of Mediator due by 5/24/2017. First Mediation Session due by 8/31/2017. Mediation To End by 10/31/2017. Mandatory Disclosures due by 5/31/2017. Motions to Join Parties/Amend Pleadings due by 10/2/2017. Fact Discovery to be completed by 11/30/2017. Motions to Compel Discovery due by 11/30/2017. Plaintiff Expert Witness ID due by 1/2/2018. Defendant Expert Witness ID due by 2/16/2018. Expert Discovery to be completed by 4/2/2018. Dispositive Motions due by 4/30/2018. Signed by Hon. Marian W. Payson on 4/26/2017. (KAH)
April 6, 2017 Opinion or Order Filing 25 NOTICE of Appearance by Brett Richard Corson on behalf of AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS (Attachments: #1 Certificate of Service)(Corson, Brett)
March 21, 2017 Opinion or Order Filing 24 ANSWER to #18 Amended Complaint, by WHAC LLC D/B/A BMW OF ROCHESTER.(Kim, Joseph)
March 21, 2017 Opinion or Order Filing 23 ANSWER to #18 Amended Complaint, by BMW of North America, LLC..(Kim, Joseph)
March 21, 2017 Opinion or Order Filing 22 NOTICE of Appearance by Joseph Kim on behalf of BMW of North America, LLC., WHAC LLC D/B/A BMW OF ROCHESTER (Kim, Joseph)
March 20, 2017 Opinion or Order Filing 21 ORDER granting #20 Motion to Substitute Attorney. Attorney Brian P. Minehan terminated. Philip C. Semprevivo of Biedermann, Hoenig, Semprevivo substituted in for WHAC, LLC d/b/a BMW of Rochester. Signed by Hon. Marian W. Payson on 3/20/2017. (KAH)
March 17, 2017 Opinion or Order Filing 20 MOTION to Substitute Attorney Biedermann Hoenig Semprevivo, PC, in place and stead of Cartafalsa, Slattery, Turpin & Lenoff with fully executed Consent Order Granting Substitution of Attorney by WHAC LLC D/B/A BMW OF ROCHESTER.(Semprevivo, Philip)
March 3, 2017 Opinion or Order NOTICE: Pursuant to Mr. Kim's letter request dated 3/3/2017, the Scheduling Conference set for 3/9/2017 is adjourned to 4/26/2017 at 11:00 AM before Hon. Marian W. Payson. Counsel may participate by telephone and are directed to call chambers at 585-613-4080 promptly at 11:00 AM on 4/26/2017 to be connected into the conference call. (KAH)
February 28, 2017 Opinion or Order Filing 19 Summons Issued as to BMW of North America, LLC.. (BK)
February 28, 2017 Opinion or Order Filing 18 AMENDED COMPLAINT and Jury Demand against BMW of North America, LLC., WHAC LLC D/B/A BMW OF ROCHESTER, filed by AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS. (Attachments: #1 Civil Cover Sheet Second Amended Summons, #2 Exhibit Rule 7.1 Disclosure Statement)(Canter, Nelson)
February 17, 2017 Opinion or Order Filing 17 ORDER (Scheduling Conference set for 3/9/2017 11:00 AM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 2/17/2017. (KAH)
February 16, 2017 Opinion or Order ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(BK)
February 16, 2017 Opinion or Order Filing 16 Corporate Disclosure Statement by WHAC LLC D/B/A BMW OF ROCHESTER. (Minehan, Brian)
February 16, 2017 Opinion or Order Filing 15 NOTICE of Appearance by Brian P. Minehan on behalf of WHAC LLC D/B/A BMW OF ROCHESTER (Minehan, Brian)
February 16, 2017 Opinion or Order Filing 14 ANSWER to Complaint by WHAC LLC D/B/A BMW OF ROCHESTER.(Minehan, Brian)
January 31, 2017 Opinion or Order Filing 13 AMENDED COMPLAINT AND JURY DEMAND against WHAC LLC D/B/A BMW OF ROCHESTER, filed by AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS. (Attachments: #1 Civil Cover Sheet Amended Civil Cover Sheet Summons, #2 Exhibit Rule 7.1 Disclosure Statement)(Canter, Nelson)
January 13, 2017 Opinion or Order Filing 12 ORDER (Scheduling Conference set for 2/14/2017 11:00 AM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 1/13/2017. (KAH)
January 10, 2017 Opinion or Order Filing 11 NOTICE of Appearance by Joseph Kim on behalf of BMW of North America, LLC. (Kim, Joseph)
December 29, 2016 Opinion or Order Filing 10 Corporate Disclosure Statement by AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS. (Canter, Nelson)
December 29, 2016 Opinion or Order ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD)
December 28, 2016 Opinion or Order Filing 9 AFFIDAVIT OF SERVICE FOR THE SERVICE OF THE SUMMONS AND COMPLAINT UPON WEST HERR AUTOMOTIVE by AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS. (Canter, Nelson)
December 27, 2016 Opinion or Order Filing 8 TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Marian W. Payson for all pretrial matters excluding dispositive motions. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 12/27/16. (PR)
December 21, 2016 Opinion or Order AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(BK)
December 21, 2016 Opinion or Order Filing 7 ANSWER to #1 Complaint, by BMW of North America, LLC..(Semprevivo, Philip)
December 21, 2016 Opinion or Order Filing 6 Corporate Disclosure Statement by BMW of North America, LLC. identifying Corporate Parent BMW (US) Holding Corp. for BMW of North America, LLC... (Semprevivo, Philip)
December 21, 2016 Opinion or Order Filing 5 NOTICE of Appearance by Philip C. Semprevivo on behalf of BMW of North America, LLC. (Semprevivo, Philip)
December 14, 2016 Opinion or Order Filing 4 AFFIDAVIT OF SERVICE FOR SERVICE OF THE SUMMONS AND COMPLAINT by AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS. (Canter, Nelson)
November 21, 2016 Opinion or Order ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD)
November 17, 2016 Opinion or Order Filing 3 Summons Issued as to BMW OF NORTH AMERICA, LLC AND WEST HERR AUTOMOTIVE GROUP. (BK)
November 17, 2016 Opinion or Order Hon. David G. Larimer added. (BK)
November 17, 2016 Opinion or Order 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. Notice of Right to consent to a Magistrate Judge. Notification to Chambers of on-line civil case opening. (BK)
November 17, 2016 Opinion or Order Filing 2 Corporate Disclosure Statement by AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS. (Canter, Nelson)
November 17, 2016 Opinion or Order Filing 1 COMPLAINT against BMW OF NORTH AMERICA, LLC AND WEST HERR AUTOMOTIVE GROUP $ 400 receipt number 0209-2660450, filed by AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS. (Attachments: #1 Civil Cover Sheet CIVIL COVER SHEET, #2 Exhibit SUMMONS)(Canter, Nelson)

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Defendant: BMW OF NORTH AMERICA, LLC AND WEST HERR AUTOMOTIVE GROUP
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Defendant: West Herr Automotive Group
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Defendant: BMW of North America, LLC.
Represented By: Philip C. Semprevivo
Represented By: Joseph Kim
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Defendant: WHAC LLC D/B/A BMW OF ROCHESTER
Represented By: Philip C. Semprevivo
Represented By: Joseph Kim
Represented By: Brian P. Minehan
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Plaintiff: AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS
Represented By: Nelson E. Canter
Represented By: Brett Richard Corson
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