Van Bortel et al v. Ford Motor Company
| Mary Catherine Van Bortel, Kitty Van Bortel and Howard G. Van Bortel |
| Ford Motor Company |
| 6:2021cv06739 |
| December 13, 2021 |
| US District Court for the Western District of New York |
| David G Larimer |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 11, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 20
JUDGMENT in favor of Ford Motor Company against Howard G. Van Bortel, Mary Catherine Van Bortel. Complaint is dismissed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Signed by Mary C. Loewenguth, Clerk of Court on 8/11/2022. (LMD)
|
|
Clerk mailed a copy of the NEF and the Judgment #20 and Decision and Order #19 with the NEF to Leonard A. Bellavia at Bellavia Blatt, P.C. at address on docket. (LMD) Modified on 8/11/2022 (LMD).
|
|
Filing 19
DECISION AND ORDER Defendant's motion to dismiss the complaint #8 is granted, and the complaint is dismissed. Signed by Hon. David G. Larimer on 8/10/2022. (KAH)Clerk to Follow up
|
|
Filing 18
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on June 8, 2022, before Judge David G. Larimer. Court Reporter Diane S. Martens, dmartensreporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/17/2022. Redacted Transcript Deadline set for 8/29/2022. Release of Transcript Restriction set for 10/25/2022. (DSM)
|
|
Filing 16
TEXT ORDER setting further argument on the #8 MOTION to Dismiss for 6/17/2022 12:00 PM before Hon. David G. Larimer. This hearing will be by Zoom. Public access can be obtained by calling chambers at 585-613-4044. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 6/9/22. (PR)
|
|
Filing 15
DECLARATION signed by Peter J. Fazio re 14 Text Order,, Set/Reset Motion and R&R Deadlines/Hearings,, Terminate Hearings, #8 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint filed by Ford Motor Company Declaration Filed at the Request of Court Attaching Requested Portion of Ford Sales and Services Agreement filed by Ford Motor Company. (Attachments: #1 Exhibit Requested Portion of Ford Sales and Services Agreement)(Fazio, Peter)
|
|
Filing 14
TEXT ORDER re #8 First MOTION TO DISMISS filed by Ford Motor Company. Motion Hearing reset for 6/8/2022 03:30 PM before Hon. David G. Larimer. Signed by Hon. David G. Larimer on 5/18/22. **This hearing will be by Zoom. Public access can be obtained by calling chambers at 585-613-4044.**(PR)
|
|
Filing 13
TEXT ORDER re #8 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint filed by Ford Motor Company. Motion Hearing set for 5/23/2022 01:00 PM before Hon. David G. Larimer. The Court would allow the parties, if they wish, to Zoom this argument. The parties should inform the Court if they wish to appear by Zoom or in person. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 4/13/22. (PR)
|
|
Filing 12
RESPONSE in Support re #8 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint Reply Memorandum of Law in Support filed by Ford Motor Company. (Fazio, Peter)
|
|
Filing 11
MEMORANDUM in Opposition re #8 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint filed by Howard G. Van Bortel, Mary Catherine Van Bortel. (Attachments: #1 Declaration Declaration in Opposition to Motion to Dismiss, #2 Exhibit Exhibit A Summons and Complaint, #3 Exhibit Exhibit B Amended Complaint, #4 Exhibit Exhibit C Notice of Removal, #5 Exhibit Exhibit D Proposed Second Amended Complaint)(Blatt, Steven)
|
|
Filing 10
TEXT ORDER granting the request to amend the Court's briefing schedule re #8 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint filed by Ford Motor Company. Responses due by 3/14/2022; Replies due by 3/28/2022. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 3.3.21. (PR)
|
|
Filing 9
Letter filed by Howard G. Van Bortel, Mary Catherine Van Bortel as to Ford Motor Company Joint Proposed Revised Briefing Schedule in Reference to Ford Motor Company's Pre-Answer Motion to Dismiss. (Blatt, Steven)
|
|
Remark: Pursuant to the parties' joint agreement and the Court's Text Order (Dkt. #7) filed 2/3/22, the response and reply deadlines to the #8 MOTION to Dismiss have already been agreed upon and, therefore, the Court will not issue a formal briefing schedule. (PR)
|
|
Filing 8
First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint by Ford Motor Company. (Attachments: #1 Memorandum in Support Memorandum of Law In Support Of Pre-Answer Motion to Dismiss, #2 Declaration Declaration in Support of Pre-Answer Motion to Dismiss, #3 Exhibit Exhibit A Summons and Complaint, #4 Exhibit Exhibit B Amended Complaint, #5 Exhibit Exhibit C September 1, 2021 Correspondence, #6 Exhibit Exhibit D NYS Department of State Division of Corporations Entity Information)(Fazio, Peter)
|
|
Filing 7
TEXT ORDER granting the parties' joint #6 Letter Request to file a dispositive motion. Defendant's motion to dismiss must be filed by 2/3/2022; Responses due by 3/3/2022; Replies due by 3/17/2022. The Court will review the papers to determine if argument is needed and if so, the parties will be contacted for scheduling. IT IS SO ORDERED. Signed by Hon. David G. Larimer on 2/3/22. (PR)
|
|
Filing 6
Letter filed by Ford Motor Company as to Ford Motor Company Joint Proposed Briefing Schedule in Reference to Ford Motor Company's Pre-Answer Motion to Dismiss. (Fazio, Peter)
|
|
Filing 5
STIPULATION Extending Ford Motor Company's time to Respond to the Amended Complaint by Ford Motor Company. (Fazio, Peter)
|
|
Filing 4
NOTICE of Appearance by Steven H. Blatt on behalf of All Plaintiffs (Blatt, Steven)
|
|
AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
|
|
Case Assigned to Hon. David G. Larimer. Notification to Chambers of on-line civil case opening. (TMK)
|
|
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. (TMK)
|
|
Filing 3
CONTINUATION OF EXHIBITS to #1 Notice of Removal, Index Of Documents Pursuant To Local Rule 81(a) (A). (Fazio, Peter)
|
|
Filing 2
Corporate Disclosure Statement by Ford Motor Company identifying Other Affiliate State Street Corporation for Ford Motor Company.. (Fazio, Peter)
|
|
E-Filing Notification: re #1 NOTICE OF REMOVAL - Action Required: Attorney is directed to file an index identifying State Court documents pursuant to local rule 81(A). (TMK)
|
|
Filing 1
NOTICE OF REMOVAL by Ford Motor Company from New York Supreme Court Monroe County, case number E2021/010285. (Filing fee $ 402 receipt number 0209-4441857), filed by Ford Motor Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A Summons and Complaint, #3 Exhibit Exhibit B Amended Complaint)(Fazio, Peter)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
