Sivokonev v. Zetsche et al
| Pavel Igorevich Sivokonev |
| Scott R Bieler, MBUSA LLC, West Herr Motors Inc., Daimler A.G., Nicholas Speeks and Dr. Dietrich Zetsche |
| 6:2020cv06065 |
| January 28, 2020 |
| US District Court for the Western District of New York |
| David G Larimer |
| Motor Vehicle Prod. Liability |
| 49 U.S.C. § 502 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 5, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 17 Pro Se Filing by Pavel Igorevich Sivokonev. (JHF) |
| Filing 16 JUDGMENT in favor of Daimler A.G., MBUSA LLC, West Herr Motors Inc., Dietrich Zetsche, Nicholas Speeks, Scott R Bieler against Pavel Igorevich Sivokonev. Signed by Clerk on 3/5/20. (JHF) |
| Filing 15 DECISION AND ORDER The motion to dismiss by defendants Scott R. Bieler and WHPAM LLC dba Mercedes-Benz of Rochester (pled as West Herr Motors, Inc.) #7 is granted in its entirety. Because the deficiencies in plaintiff's complaint apply equally to all of the named defendants, and because permitting plaintiff's claims against the non-moving defendants to remain would be futile, the complaint is hereby dismissed in its entirety, with prejudice. To the extent that plaintiff's complaint could be interpreted to assert any additional claims arising under New York State law, the Court hereby declines to exercise supplemental jurisdiction over them. Plaintiff's motions for service #2 and for an entry of default judgment #4 are denied as moot. Signed by Hon. David G. Larimer on 3/5/2020. Copy of this Decision and Order sent by First Class Mail to plaintiff Pavel Igorevich Sivokonev on 3/5/2020 to his address of record. (KAH) -CLERK TO FOLLOW UP- |
| Copy of #16 Judgment mailed to pro se plaintiff. (JHF) |
| Filing 14 NOTICE of Appearance by Thomas S. Lane on behalf of Scott R Bieler, West Herr Motors Inc. (Attachments: #1 Certificate of Service)(Lane, Thomas) |
| Filing 13 NOTICE of Appearance by Kevin A. Szanyi on behalf of Scott R Bieler, West Herr Motors Inc. (Attachments: #1 Certificate of Service)(Szanyi, Kevin) |
| Filing 12 NOTICE of Appearance by Steven R. Hamlin on behalf of Scott R Bieler, West Herr Motors Inc. (Attachments: #1 Certificate of Service)(Hamlin, Steven) |
| Filing 11 Notice of Substitution of Counsel: Webster Szanyi LLP is substituted for Callahan & Fusco, LLC. CLERK TO FOLLOW UP (Attachments: #1 Certificate of Service)(Hamlin, Steven) |
| Filing 10 NOTICE by Pavel Igorevich Sivokonev. (JHF) |
| 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) |
| Filing 9 RESPONSE in Opposition re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pavel Igorevich Sivokonev. (JHF) |
| E-Filing Notification: No proof of service. Action required: File proof of service for #9 RESPONSE in Opposition. (JHF) |
| Filing 8 TEXT ORDER re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by West Herr Motors Inc. Plaintiff is hereby advised that the defendant has asked the Court to decide this case without a trial and dismiss the Complaint based on written materials and for the reasons stated in the motion. THE CLAIMS PLAINTIFF ASSERTS IN HIS COMPLAINT MAY BE DISMISSED WITHOUT A TRIAL IF HE DOES NOT RESPOND TO THIS MOTION by addressing the arguments contained in the defendant's motion. Plaintiff must submit any materials in opposition to defendant's motion no later than March 23, 2020. Reply papers by the moving party must be filed no later than eight (8) business days following the filing of responding papers. If plaintiff fails to respond, the Court will decide the motion based on the Complaint and the motion to dismiss. The Court will not hold oral argument but will decide the motion based on the papers submitted. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 2/21/20. A copy of this Text Order was sent to plaintiff by first class mail and certified mail, return receipt requested at his address of record. (PR) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Scott R Bieler, West Herr Motors Inc. (Attachments: #1 Declaration of Ryan P. Heller, #2 Text of Proposed Order Proposed Order) (Heller, Ryan) Modified on 2/20/2020 (JHF). |
| E-Filing Notification: Clerk revised docket text of #5 Brief in Support and #7 Motion to Dismiss for Failure to State a Claim to clarify the filing events. (JHF) |
| E-Filing Notification: Clerk revised docket text of #5 to "Brief in Support in re Motion to Dismiss for Failure to State a Claim" to reflect the correct filing event. Other motion papers were not filed. Attorney follow-up: file the required motion papers, i.e. Notice of Motion, Motion and any other supporting papers. (JHF) |
| Filing 6 Corporate Disclosure Statement by West Herr Motors Inc. (Heller, Ryan) |
| Filing 5 BRIEF in Support in re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Scott R Bieler, West Herr Motors Inc. (Attachments: #1 Certificate of Service from Ryan P. Heller, Esq., #2 Exhibit A - Complaint) (Heller, Ryan) Modified on 2/20/2020 (JHF). |
| Filing 4 MOTION for Default Judgment as to Scott R Bieler by Pavel Igorevich Sivokonev. (JHF) |
| Filing 3 REQUEST for Clerk's Entry of Default by Pavel Igorevich Sivokonev against Scott R Bieler, West Herr Motors Inc. (JHF) |
| Clerk's Default Not Entered. Plaintiff notified. Reason: The plaintiff served the summons himself which does not comply with Federal Rule of Civil Procedure 4(c)(2). (JHF) |
| Filing 2 MOTION for Service by US Marshal by Pavel Igorevich Sivokonev. (JHF) |
| Filing 1 COMPLAINT against Scott R Bieler, Daimler A.G., MBUSA LLC, Nicholas Speeks, West Herr Motors Inc., Dietrich Zetsche, filed by Pavel Igorevich Sivokonev. (Attachments: #1 Exhibits, #2 Civil Cover Sheet) (JHF) |
| Filing fee received: $400.00, receipt number ROC012035. (JHF) |
| Summons Issued as to Scott R Bieler, Daimler A.G., MBUSA LLC, Nicholas Speeks, West Herr Motors Inc., Dietrich Zetsche. (JHF) |
| 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. (JHF) |
| AUTOMATIC REFERRAL to Mediation. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution (JHF) |
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