AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS v. BMW OF NORTH AMERICA, LLC AND WEST HERR AUTOMOTIVE GROUP
| AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS |
| 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 |
| 6:2016cv06749 |
| November 17, 2016 |
| US District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| David G Larimer |
| Marian W Payson |
| Tort Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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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)
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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)
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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)
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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-
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 36
MOTION for Summary Judgment by BMW of North America, LLC., WHAC LLC D/B/A BMW OF ROCHESTER.(Kim, Joseph)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 29
Stipulation-Selection of Mediator by BMW of North America, LLC., WHAC LLC D/B/A BMW OF ROCHESTER (Kim, Joseph)
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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)
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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)
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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)
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Filing 24
ANSWER to #18 Amended Complaint, by WHAC LLC D/B/A BMW OF ROCHESTER.(Kim, Joseph)
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Filing 23
ANSWER to #18 Amended Complaint, by BMW of North America, LLC..(Kim, Joseph)
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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)
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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)
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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)
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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)
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Filing 19
Summons Issued as to BMW of North America, LLC.. (BK)
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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)
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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)
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ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(BK)
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Filing 16
Corporate Disclosure Statement by WHAC LLC D/B/A BMW OF ROCHESTER. (Minehan, Brian)
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Filing 15
NOTICE of Appearance by Brian P. Minehan on behalf of WHAC LLC D/B/A BMW OF ROCHESTER (Minehan, Brian)
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Filing 14
ANSWER to Complaint by WHAC LLC D/B/A BMW OF ROCHESTER.(Minehan, Brian)
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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)
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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)
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Filing 11
NOTICE of Appearance by Joseph Kim on behalf of BMW of North America, LLC. (Kim, Joseph)
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Filing 10
Corporate Disclosure Statement by AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS. (Canter, Nelson)
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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)
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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)
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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)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(BK)
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Filing 7
ANSWER to #1 Complaint, by BMW of North America, LLC..(Semprevivo, Philip)
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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)
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Filing 5
NOTICE of Appearance by Philip C. Semprevivo on behalf of BMW of North America, LLC. (Semprevivo, Philip)
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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)
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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)
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Filing 3
Summons Issued as to BMW OF NORTH AMERICA, LLC AND WEST HERR AUTOMOTIVE GROUP. (BK)
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Hon. David G. Larimer added. (BK)
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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)
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Filing 2
Corporate Disclosure Statement by AMICA MUTUAL INSURANCE COMPANY A/S/O PAUL LAUKAITIS AND AMY LAUKAITIS. (Canter, Nelson)
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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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