Santander Consumer USA Inc v. Sandy Sansing Nissan Inc et al
| Santander Consumer USA, Inc. f/k/a Drive Financial Services and Santander Consumer USA Inc |
| SANDY SANSING NISSAN, INC., SANDY SANSING CHEVROLET, INC., SOUTHERN CHEVROLET, INC., SANDY SANSING IMPORTS, INC. DBA BMW MINI OF PENSACOLA, SANDY SANSING MILTON CHEVROLET, LLC DBA SANDY AND BUBBA'S MILTON CHEVROLET, SANDY SANSING FORD-LINCOLN, LLC, SANDY SPRINGS BROOKHAVEN, LLC, SANDY SANSING NISSAN HOLDING, INC. DBA SANDY SANSING MAZDA, SANDY SANSING CDJR, LLC, Sandy Sansing Nissan Inc, Sandy Sansing Chevrolet Inc, Southern Chevrolet Inc, Sandy Sansing Imports Inc doing business as BMW Mini of Pensacola, Sandy Sansing Milton Chevrolet LLC doing business as Sandy and Bubba's Milton Chevrolet, Sandy Sansing Ford-Lincoln LLC, Sandy Springs Brookhaven LLC, Sandy Sansing Nissan Holding Inc doing business as Sandy Sansing Mazda and Sandy Sansing CDJR LLC |
| 3:2021cv02471 |
| October 7, 2021 |
| US District Court for the Northern District of Texas |
| Sam A Lindsay |
| Barbara M G Lynn |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
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This docket was last retrieved on June 14, 2022. A more recent docket listing may be available from PACER.
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Case transferred from NDTX has been opened in Northern District of Florida as case number 3:22-cv-08084. (jmg)
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Filing 29
Order Accepting Findings and Recommendations re: #25 to the extent indicated.The court determines that the magistrate judge's findings and conclusions regarding the transfer of this case to the Northern District of Florida and deferral of any ruling on the motion to dismiss under Rule 12(b)(6) are correct, and accepts them as those of the court. The court expresses no opinion as to whether venue in the Northern District of Texas is proper or whether personal jurisdiction over Defendants in Texas is lacking because transfer of the case pursuant to 1404(a) is appropriate regardless of whether venue is proper or personal jurisdiction is lacking. Accordingly, the court overrules Plaintiff's objections #26 ; denies Plaintiff's Motion to Remand #13 ; grants Defendants' Alternative Motion to Transfer Venue Under 28 U.S.C. 1404(a) #10 without ruling on Defendants Rule 12(b)(6) Motion to Dismiss #10 ; and, pursuant to 1404(a), transfers this action to the Northern District of Florida for the convenience of the parties and in the interest of justice. The clerk of the court shall effect the transfer in accordance with normal procedure. (Ordered by Judge Sam A. Lindsay on 6/13/2022) (chmb)
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Interdistrict Transfer to Northern District of Florida; notice sent via email. All documents available electronically. If receiving court cannot upload, documents are available from PACER (record does not contain restricted documents). Counsel advised to file future documents in Northern District of Florida. (mjr)
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Filing 28
ADDITIONAL ATTACHMENTS (Proposed Pretrial Order) re: #28 Response and Objection, by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc. (Childers, Jonathan) Modified text and linkage on 6/13/2022 (mjr).
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Filing 27
RESPONSE AND OBJECTION filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc re: #26 Objection to Findings and Recommendations (Childers, Jonathan)
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Filing 26
OBJECTION to #25 Findings and Recommendations . (Hill, Donald)
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Filing 25
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should DENY Plaintiff Santander's Motion to Remand to State Court [Dkt. No. #13 ]; GRANT Defendants' Alternative Motion to Transfer Venue under 28 U.S.C. 1404(a) [Dkt. No. #10 ] and ORDER that this case be transferred to the Northern District of Florida for the convenience of the parties and in the interest of justice; DENY as moot Defendants Alternative 12(b)(3) Motion to Dismiss for Improper Venue [Dkt. No. #10 ]; and DENY Defendants Alternative 12(b)(2) Motion to Dismiss for Lack of Personal Jurisdiction [Dkt. No. #10 ]; and leave pending on transfer Defendants Alternative 12(b)(6) Motion to Dismiss for Failure to State a Claim [Dkt. No. #10 ]. (Ordered by Magistrate Judge David L. Horan on 5/13/2022) (mcrd)
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Filing 24
OBJECTION and REPLY filed by Santander Consumer USA Inc re: #13 MOTION to Remand to State Court (Hill, Donald) Modified text on 12/14/2021 (jmg).
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Filing 23
Appendix in Support filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc re #22 Response/Objection, to Plaintiff's Motion for Remand, and Motion for Leave to Amend Notice of Removal and Brief in Support (Childers, Jonathan)
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Filing 22
RESPONSE AND OBJECTION filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc re: #13 MOTION to Remand to State Court (Attachments: #1 Proposed Order) (Childers, Jonathan)
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Filing 21
REPLY filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc re: #10 Motion to Dismiss/Transfer for Lack of Personal Jurisdiction and Rule 12(b)(6) Motion to Dismiss (Childers, Jonathan)
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Filing 20
ELECTRONIC ORDER: After carefully considering the parties' briefing, the Court denies #15 Plaintiff's Opposed Motion for Extension of Briefing Deadlines for All Parties on Defendants' Motion to Dismiss or Transfer for Lack of Personal Jurisdiction and 12(b)(6) Motion to Dismiss Pending Briefing and Ruling on Plaintiffs Motion for Remand and determines that #10 Defendants' Motion to Dismiss and to Transfer and #13 Plaintiff's Motion to Remand should -- for essentially the efficiency-based reasons that Defendants explain in #16 their opposition (without adopting Defendants' stated views on the merits of the Motion for Remand) -- be briefed concurrently as contemplated by the Federal Rules of Civil Procedure and the Local Civil Rules. But, insofar as Plaintiff may wish to file a supplemental or amended response to #10 Defendants' Motion to Dismiss, the Court grants, without opposition, Plaintiff an extension to and including Tuesday, November 16, 2021 to file its response to #10 Defendants' Motion to Dismiss. (Ordered by Magistrate Judge David L. Horan on 11/15/2021.)
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Filing 19
ORDER OF REFERENCE re: #13 MOTION to Remand to State Court , #10 Motion to Dismiss/Transfer for Lack of Personal Jurisdiction and Rule 12(b)(6), Motion to Dismiss, #15 MOTION for Extension of Time to File Response/Reply. Motion(s) referred to Magistrate Judge David L. Horan. (Ordered by Judge Sam A. Lindsay on 11/12/2021) (ygl)
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Filing 18
Appendix in Support filed by Santander Consumer USA Inc re #17 Response/Objection. (Hill, Donald)
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Filing 17
RESPONSE filed by Santander Consumer USA Inc re: #10 Motion to Dismiss/Transfer for Lack of Personal Jurisdiction and Rule 12(b)(6) Motion to Dismiss. (Attachments: #1 Proposed Order) (Hill, Donald) Modified text on 11/12/2021 (jmg).
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Filing 16
RESPONSE filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc re: #15 MOTION for Extension of Time to File Response/Reply to #10 Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue, Motion to Transfer Venue and Motion to Dismiss for Failure to State a Claim (Attachments: #1 Proposed Order) (Childers, Jonathan)
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Filing 15
MOTION for Extension of Time to File Response/Reply to #10 Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue, Motion to Transfer Venue and Motion to Dismiss for Failure to State a Claim filed by Santander Consumer USA Inc with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Hill, Donald)
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Filing 14
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Santander Consumer USA Inc identifying Corporate Parent/Other Affiliate Santander Consumer USA Holdings Inc for Santander Consumer USA Inc. (Hill, Donald)
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Filing 13
MOTION to Remand to State Court filed by Santander Consumer USA Inc. (Attachments: #1 Proposed Order Proposed Order Granting Motion to Remand) (Hill, Donald)
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Filing 12
Appendix in Support filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc re #11 Brief/Memorandum in Support of Motion. (Childers, Jonathan) Modified text on 10/20/2021 (mjr).
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Filing 11
Brief/Memorandum in Support filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc re #10 Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue, Motion to Transfer Venue and Motion to Dismiss for Failure to State a Claim. (Childers, Jonathan) Modified text on 10/20/2021 (mjr).
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Filing 10
Motion to Dismiss/Transfer for Lack of Personal Jurisdiction and Rule 12(b)(6) Motion to Dismiss filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc. (Attachments: #1 Proposed Order) (Childers, Jonathan) Modified text on 10/20/2021 (mjr).
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Filing 9
ORDER: granting #7 Defendants' Motion to Extend. Defendants' deadline to file an answer or otherwise respond to Plaintiffs Original Petition is extended to October 19, 2021. (Ordered by Judge Sam A. Lindsay on 10/14/2021) (chmb)
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Filing 8
Appendix in Support filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc re #7 Motion for Extension of Time to File Answer (Childers, Jonathan)
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Filing 7
Motion for Extension of Time to File Answer filed by Sandy Sansing CDJR LLC, Sandy Sansing Chevrolet Inc, Sandy Sansing Ford-Lincoln LLC, Sandy Sansing Imports Inc, Sandy Sansing Milton Chevrolet LLC, Sandy Sansing Nissan Holding Inc, Sandy Sansing Nissan Inc, Sandy Springs Brookhaven LLC, Southern Chevrolet Inc (Attachments: #1 Proposed Order) (Childers, Jonathan)
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Filing 6
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (ygl)
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Filing 5
Court Request for Recusal: Chief Judge Barbara M. G. Lynn recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Judge Sam A. Lindsay for all further proceedings. Future filings should indicate the case number as: 3:21-cv-02471-L. (twd)
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Filing 4
Supplemental Document (Supplemental Civil Cover Sheet) by SANDY SANSING CDJR, LLC, SANDY SANSING CHEVROLET, INC., SANDY SANSING FORD-LINCOLN, LLC, SANDY SANSING IMPORTS, INC. DBA BMW MINI OF PENSACOLA, SANDY SANSING MILTON CHEVROLET, LLC DBA SANDY AND BUBBA'S MILTON CHEVROLET, SANDY SANSING NISSAN HOLDING, INC. DBA SANDY SANSING MAZDA, SANDY SANSING NISSAN, INC., SANDY SPRINGS BROOKHAVEN, LLC, SOUTHERN CHEVROLET, INC. Supplemental Civil Cover Sheet. (Childers, Jonathan) (Main Document 4 replaced with flattened PDF on 10/8/2021) (ygl).
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Filing 3
Supplemental Document (Cover Sheet) by SANDY SANSING CDJR, LLC, SANDY SANSING CHEVROLET, INC., SANDY SANSING FORD-LINCOLN, LLC, SANDY SANSING IMPORTS, INC. DBA BMW MINI OF PENSACOLA, SANDY SANSING MILTON CHEVROLET, LLC DBA SANDY AND BUBBA'S MILTON CHEVROLET, SANDY SANSING NISSAN HOLDING, INC. DBA SANDY SANSING MAZDA, SANDY SANSING NISSAN, INC., SANDY SPRINGS BROOKHAVEN, LLC, SOUTHERN CHEVROLET, INC. Civil Cover Sheet. (Childers, Jonathan) Modified text on 10/8/2021 (ygl).
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by SANDY SANSING CDJR, LLC, SANDY SANSING CHEVROLET, INC., SANDY SANSING FORD-LINCOLN, LLC, SANDY SANSING IMPORTS, INC. DBA BMW MINI OF PENSACOLA, SANDY SANSING MILTON CHEVROLET, LLC DBA SANDY AND BUBBA'S MILTON CHEVROLET, SANDY SANSING NISSAN HOLDING, INC. DBA SANDY SANSING MAZDA, SANDY SANSING NISSAN, INC., SANDY SPRINGS BROOKHAVEN, LLC, SOUTHERN CHEVROLET, INC.. (Childers, Jonathan)
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Filing 1
NOTICE OF REMOVAL filed by SANDY SANSING CHEVROLET, INC., SANDY SANSING CDJR, LLC, SANDY SPRINGS BROOKHAVEN, LLC, SANDY SANSING NISSAN, INC., SOUTHERN CHEVROLET, INC., SANDY SANSING IMPORTS, INC. DBA BMW MINI OF PENSACOLA, SANDY SANSING MILTON CHEVROLET, LLC DBA SANDY AND BUBBA'S MILTON CHEVROLET, SANDY SANSING FORD-LINCOLN, LLC, SANDY SANSING NISSAN HOLDING, INC. DBA SANDY SANSING MAZDA. (Filing fee $402; receipt number 0539-12286137) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) Appendix and Rule 81.1(a)4(A) Index) (Childers, Jonathan)
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