Spitzer Autoworld Akron, LLC v. FCA US LLC
Plaintiff: Spitzer Autoworld Akron, LLC
Defendant: FCA US LLC
Case Number: 1:2022cv01755
Filed: October 3, 2022
Court: US District Court for the Northern District of Ohio
Presiding Judge: Pamela A Barker
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Contract Dispute
Jury Demanded By: Plaintiff
Docket Report

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

Date Filed Document Text
November 28, 2022 Opinion or Order Order [non-document] Defendant's Motion to dismiss, or alternatively, Motion to transfer or Motion to stay the Complaint (Doc. No. #6 ) is hereby rendered MOOT in light of the filing of the Amended Complaint (Doc. No.[ 7]). Judge Pamela A. Barker on 11/28/2022.(P,K)
November 23, 2022 Filing 9 Motion to dismiss, Motion to transfer, or Motion to stay the Amended Complaint, filed by Defendant FCA US LLC. Related document(s) #7 . (Attachments: #1 Brief in Support, #2 Exhibit 1 - Stay Agreement, #3 Exhibit 2 - Michigan Declaratory Action Complaint). (Clouatre, Mark). AddedMotion to change/transfer venue, Motion to stay on 11/29/2022 (L,MI).
November 14, 2022 Filing 8 Brief in Opposition of FCA US LLC's Motion to Dismiss, or Alternatively, to Transfer or Stay the Complaint filed by Spitzer Autoworld Akron, LLC. Related document: #6 (Attachments: #1 Exhibit 1-Affidavit of Anthony B. Giardini, #2 Exhibit 2-Affidavit of J. Alan Spitzer) (Poplar, Erin) Modified on 11/15/2022 (F,AW).
November 14, 2022 Filing 7 Amended complaint against All Defendants. Filed by Spitzer Autoworld Akron, LLC. (Attachments: #1 Exhibit A-AAA Written Determination of Arbitrator 6-23-2010, #2 Exhibit B-Letter of Intent-Post Arbitration-signed 10-1-2010, #3 Exhibit C-AAA Modification and Clarification of Written Determination 7-23-2010, #4 Exhibit D-Contract-Fred Martin Motor Company and Spitzer 5-17-2007, #5 Exhibit E-Jury Interrogatories 1-4 & Verdict forms 1 & 2, #6 Exhibit F-Order dated 8-18-2022) (Poplar, Erin)
October 28, 2022 Filing 6 Motion to dismiss, or alternatively, Motion to transfer or Motion to stay the complaint, filed by Defendant FCA US LLC. Related document(s) #1 . (Attachments: #1 Brief in Support, #2 Exhibit 1 - Michigan Declaratory Action Complaint, #3 Exhibit 2 - Stay Agreement). (Clouatre, Mark). AddedMotion to transfer, Motion to stay on 11/2/2022 (L,MI).
October 19, 2022 Filing 5 Proof of Service with attached certified mail receipts, executed upon FCA US LLC, filed on behalf of Spitzer Autoworld Akron, LLC (Giardini, Anthony) Modified text on 10/24/2022 (M,CE).
October 19, 2022 Filing 4 Notice of failure to file electronically, pursuant to Local Rule 5.1(c). Non-compliant document: #3 Return of Service Executed, filed by Spitzer Autoworld Akron, LLC Related document(s) #3 . (Mc,K)
October 19, 2022 Filing 3 Return of Service by Counsel by certified mail executed upon FCA US LLC on 10/6/2022 (c/o CT Corporation), no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Spitzer Autoworld Akron, LLC Related document(s) #2 . (Attachments: #1 Certified Mail Return Card, #2 Certified Mail Receipt, #3 Envelope) (Mc,K)
October 3, 2022 Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon FCA US LLC c/o CT Corporation System. (Attachments: #1 Magistrate Consent Form) (R,AP)
October 3, 2022 Filing 1 Complaint for breach of contract and to enforce arbitrator's decision with jury demand against FCA US LLC. Filing fee paid. $402.00. Receipt #14660141176. Filed by Spitzer Autoworld Akron, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Written Determination of Arbitrator dated 6/23/2010, #3 Exhibit B - Letter of Intent dated 10/1/2010, #4 Exhibit C - Modification and Clarification of Written Determination dated 7/23/2010, #5 Proposed Summons) (R,AP)
October 3, 2022 Judge Pamela A. Barker assigned to case. (R,AP)
October 3, 2022 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James E. Grimes Jr. (R,AP)

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Plaintiff: Spitzer Autoworld Akron, LLC
Represented By: Anthony B. Giardini
Represented By: Daniel D. Mason
Represented By: Erin N. Poplar
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Defendant: FCA US LLC
Represented By: Sarah L. Bunce
Represented By: Mark T. Clouatre
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