Rice v. Volkswagen of America Inc. et al
New York Eastern District Court | |
Judge: | Arthur D Spatt |
Referred: | Anne Y Shields |
Case #: | 2:17-cv-03649 |
Nature of Suit | 440 Civil Rights - Other Civil Rights |
Cause | 28:1331 Fed. Question: Employment Discrimination |
Case Filed: | Jun 16, 2017 |
Terminated: | Nov 13, 2018 |
Last checked: Wednesday Dec 13, 2017 4:10 AM EST |
Defendant
Joe Bindels
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Represented By
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Defendant
Smithtown Volkswagen
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Represented By
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Defendant
Volkswagen of America Inc.
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Plaintiff
Wayne Rice
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Represented By
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Docket last updated: 3 hours ago |
Tuesday, November 13, 2018 | ||
47 | 47
1
pgs
order
Order Dismissing Case
Tue 11/13 11:30 AM
ORDER DISMISSING CASE re46 Stipulation of Dismissal with prejudice, and with no award of attorneys' fees or costs by the Court. Case closed. SO ORDERED by Judge Arthur D. Spatt on 11/13/2018. (Coleman, Laurie) |
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Friday, November 09, 2018 | ||
46 | 46
misc
Stipulation of Dismissal
Fri 11/09 11:32 AM
STIPULATION of Dismissal by Wayne Rice (Carruthers, Paul) |
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Friday, August 24, 2018 | ||
45 | 45
motion
Extension of Time to Complete Discovery
Fri 08/24 9:37 AM
Letter MOTION for Extension of Time to Complete Discovery by Wayne Rice. (Carruthers, Paul) |
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Att: 1 Revised Proposed Discovery Plan Worksheet | ||
order
Order on Motion for Extension of Time to Complete Discovery
Fri 08/24 2:41 PM
ELECTRONIC ORDER granting45 Motion for Extension of Time to Complete Discovery. Upon counsels' request the discovery deadlines are EXTENDED. The parties' proposed revised discovery plan found at docket entry No. [45-1] is hereby SO ORDERED as the Revised Discovery Schedule for this matter with the following modification: the joint proposed pretrial order shall be filed by March 28, 2019. So Ordered by Magistrate Judge Anne Y. Shields on 8/24/2018. (Demosthenous, Dina) |
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Monday, August 13, 2018 | ||
44 | 44
22
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Mon 08/13 9:32 AM
MEMORANDUM OF DECISION & ORDER: Presently before the Court is a motion by the Defendants, pursuant to Federal Rule of Civil Procedure (FED. R. CIV. P. or Rule) 12(b)(6), seeking to dismiss the Complaint for failure to state a claim upon which relief may be granted. For the foregoing reasons, the Defendants28 motion to dismiss pursuant to Rule 12(b)(6) is denied in all respects. SEE ATTACHED DECISION for details. It is SO ORDERED by Judge Arthur D. Spatt on 8/13/2018. (Coleman, Laurie) |
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Tuesday, April 17, 2018 | ||
43 | 43
misc
Proposed Scheduling Order
Tue 04/17 9:28 AM
Proposed Scheduling Order / Discovery Plan Worksheet by Wayne Rice (Carruthers, Paul) |
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Saturday, April 14, 2018 | ||
order
Order on Motion for Extension of Time to File
Sat 04/14 8:09 PM
ORDER granting42 Motion for Extension of Time to File. In view of the 30 day extension granted, Counsel are directed to confer and submit an updated discovery schedule for review and approval by this Court by April 18, 2018. So Ordered by Magistrate Judge Anne Y. Shields on 4/14/2018. (Shields, Anne) |
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Friday, April 13, 2018 | ||
42 | 42
motion
Extension of Time to File Document
Fri 04/13 9:12 AM
MOTION for Extension of Time to File by Joe Bindels. (Zollo, John) |
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Wednesday, April 04, 2018 | ||
utility
Case Assigned/Reassigned
Wed 04/04 4:46 PM
Case Reassigned to Judge Arthur D. Spatt. Judge Leonard D. Wexler no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Corsini, Alexander) |
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Thursday, January 25, 2018 | ||
41 | 41
minutes
Initial Conference Hearing
Fri 01/26 11:48 AM
Minute Entry for proceedings held before Magistrate Judge Anne Y. Shields:Initial Conference Hearing held on 1/25/2018 (FTR Log #11:05-11:13.) (Torres, Jasmine) |
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Wednesday, January 24, 2018 | ||
40 | 40
misc
Letter
Wed 01/24 2:37 PM
Letter With Discovery Plan by Wayne Rice (Carruthers, Paul) |
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Tuesday, January 02, 2018 | ||
39 | 39
1
pgs
order
Order Dismissing Parties
Fri 01/05 10:47 AM
ORDER Dismissing Parties Re:37 Stipulation of Dismissal with Prejudice as to Defendant Volkswagen of America Inc.. So Ordered by Judge Leonard D. Wexler on 1/2/2018. (Ortiz, Grisel) |
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Friday, December 29, 2017 | ||
38 | 38
motion
Continue
Fri 12/29 2:21 PM
MOTION to Continue by Joe Bindels. (Zollo, John) |
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order
Order on Motion to Continue
Fri 12/29 3:53 PM
ELECTRONIC ORDER granting38 Motion to Continue. Upon counsel's request, the initial conference scheduled for January 3, 2018 is ADJOURNED to January 25, 2018 at 11:00 AM in courtroom 830 of the Central Islip courthouse. So Ordered by Magistrate Judge Anne Y. Shields on 12/29/2017. (Demosthenous, Dina) |
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Friday, December 22, 2017 | ||
37 | 37
misc
Stipulation of Dismissal
Fri 12/22 12:39 PM
STIPULATION of Dismissal as to Volkswagen Group of America by Volkswagen of America Inc. (Mendelson, Jedd) |
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36 | 36
notice
Notice of Appearance
Fri 12/22 12:37 PM
NOTICE of Appearance by Jedd Mendelson on behalf of Volkswagen of America Inc. (aty to be noticed) (Mendelson, Jedd) |
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Thursday, December 07, 2017 | ||
35 | 35
service
Summons Returned Executed
Thu 12/07 3:43 PM
SUMMONS Returned Executed by Wayne Rice. Volkswagen of America Inc. served on 11/20/2017, answer due 12/11/2017. (Mishkin, Scott) |
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Friday, December 01, 2017 | ||
34 | 34
order
Scheduling Order
Fri 12/01 2:32 PM
ORDER: Initial Conference set for 1/3/2018 at 11:00 AM in Courtroom 830 before Magistrate Judge Anne Y. Shields. See Order and Attachment. Ordered by Magistrate Judge Anne Y. Shields on 12/1/2017. (Torres, Jasmine) |
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Att: 1 AYS Rules | ||
Thursday, November 30, 2017 | ||
order
Order(Other)
Thu 11/30 10:17 AM
ORDER re28 Motion to Dismiss for Failure to State a Claim filed by Joe Bindels, Smithtown Volkswagen: Defendants are reminded of their responsibility, as the moving parties, to provide the Court with a courtesy copy of the entire fully-briefed motion to dismiss, including Plaintiff's opposition. To date, a courtesy copy has not been received. Counsel for Defendants are directed to submit such a courtesy copy forthwith. So Ordered by Judge Leonard D. Wexler on 11/30/2017. (Minerva, Deanna) |
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Friday, November 10, 2017 | ||
33 | 33
respm
Affidavit/Declaration in Opposition to Motion
Fri 11/10 12:48 PM
AFFIDAVIT/DECLARATION in Opposition re28 Motion to Dismiss for Failure to State a Claim filed by Wayne Rice. (Carruthers, Paul) |
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32 | 32
17
pgs
respoth
Memorandum in Opposition
Fri 11/10 12:47 PM
MEMORANDUM in Opposition re30 Memorandum in Support filed by Wayne Rice. (Carruthers, Paul) |
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31 | 31
respoth
Reply in Support
Fri 11/10 12:17 PM
REPLY in Support re28 Motion to Dismiss for Failure to State a Claim filed by Joe Bindels, Smithtown Volkswagen. (Zollo, John) |
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30 | 30
17
pgs
respoth
Memorandum in Support
Fri 11/10 12:16 PM
MEMORANDUM in Support re28 Motion to Dismiss for Failure to State a Claim filed by Joe Bindels, Smithtown Volkswagen. (Zollo, John) |
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29 | 29
respm
Affidavit/Declaration in Support of Motion
Fri 11/10 12:15 PM
AFFIDAVIT/DECLARATION in Support re28 Motion to Dismiss for Failure to State a Claim filed by Joe Bindels, Smithtown Volkswagen. (Zollo, John) |
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Att: 1 Exhibit, | ||
Att: 2 Exhibit, | ||
Att: 3 Exhibit, | ||
Att: 4 Exhibit, | ||
Att: 5 Exhibit, | ||
Att: 6 Exhibit, | ||
Att: 7 Exhibit, | ||
Att: 8 Exhibit | ||
28 | 28
motion
Dismiss for Failure to State a Claim
Fri 11/10 12:11 PM
Motion to Dismiss for Failure to State a Claim by Joe Bindels, Smithtown Volkswagen. (Zollo, John) |
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Friday, October 27, 2017 | ||
27 | 27
notice
Notice of Appearance
Fri 10/27 10:44 AM
NOTICE of Appearance by Paul Carruthers on behalf of Wayne Rice (aty to be noticed) (Carruthers, Paul) |
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Wednesday, October 25, 2017 | ||
26 | 26
motion
Extension of Time to File Response/Reply
Wed 10/25 1:38 PM
Consent MOTION for Extension of Time to File Response/Reply by Joe Bindels, Smithtown Volkswagen. (Zollo, John) |
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 10/25 2:30 PM
ORDER granting26 Motion for Extension of Time to File Response/Reply. So Ordered by Judge Leonard D. Wexler on 10/25/2017. (Minerva, Deanna) |
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Thursday, September 14, 2017 | ||
25 | 25
service
Summons Returned Executed
Thu 09/14 9:25 AM
SUMMONS Returned Executed by Wayne Rice. Smithtown Volkswagen served on 6/29/2017, answer due 8/9/2017. (Mishkin, Scott) |
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24 | 24
service
Summons Returned Executed
Thu 09/14 9:24 AM
SUMMONS Returned Executed by Wayne Rice. Joe Bindels served on 6/29/2017, answer due 8/9/2017. (Mishkin, Scott) |
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Thursday, August 24, 2017 | ||
order
Scheduling Order
Thu 08/24 9:06 AM
SCHEDULING ORDER re23 Letter filed by Joe Bindels, Smithtown Volkswagen: The parties' proposed briefing schedule is approved as follows: (1) Defendants shall serve, but not file, their motion to dismiss on September 20, 2017; (2) Plaintiff shall serve, but not file, his opposition on October 13, 2017; and (3) Defendants shall serve their reply, and each party shall electronically file their own motion papers, on October 27, 2017. No motion papers shall be filed on ECF prior to October 27, 2017. As the moving party, Defendants are responsible for providing chambers with a courtesy copy of the entire fully-briefed motion, including Plaintiff's opposition, once the motion has been electronically filed. So Ordered by Judge Leonard D. Wexler on 8/24/2017. (Minerva, Deanna) |
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Wednesday, August 23, 2017 | ||
23 | 23
misc
Letter
Wed 08/23 7:13 PM
Letter re Proposed Briefing Schedule for Defendants' Motion to Dismiss by Joe Bindels, Smithtown Volkswagen (Zollo, John) |
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Tuesday, August 15, 2017 | ||
order
Scheduling Order
Tue 08/15 10:57 AM
SCHEDULING ORDER re22 Letter filed by Wayne Rice,21 Letter filed by Joe Bindels, Smithtown Volkswagen: The Court waives its pre-motion conference requirement and grants Defendants leave to move to dismiss Plaintiff's Complaint. Counsel for the parties are directed to confer and to submit a proposed briefing schedule for Court approval within two (2) weeks. So Ordered by Judge Leonard D. Wexler on 8/15/2017. (Minerva, Deanna) |
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Thursday, August 10, 2017 | ||
22 | 22
misc
Letter
Thu 08/10 1:36 PM
Letter In Opposition for Pre-Motion Conference by Wayne Rice (Mishkin, Scott) |
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Wednesday, August 09, 2017 | ||
21 | 21
misc
Letter
Wed 08/09 4:51 PM
Letter for Pre-Motion Conference by Joe Bindels, Smithtown Volkswagen (Zollo, John) |
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Tuesday, August 01, 2017 | ||
20 | 20
service
Summons Issued
Tue 08/01 9:48 AM
Summons Issued as to Volkswagen of America Inc., on 08/01/2017. (Fagan, Linda) |
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Monday, July 31, 2017 | ||
19 | 19
misc
Proposed Summons/Civil Cover Sheet
Mon 07/31 12:23 PM
Proposed Summons. by Wayne Rice (Mishkin, Scott) |
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Thursday, July 27, 2017 | ||
18 | 18
motion
Extension of Time to File Answer
Thu 07/27 3:12 PM
Consent MOTION for Extension of Time to File Answer re1 Complaint by Joe Bindels, Smithtown Volkswagen. (Zollo, John) |
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17 | 17
service
Summons Returned Executed
Thu 07/27 9:35 AM
SUMMONS Returned Executed by Wayne Rice. Joe Bindels served on 6/22/2017, answer due 8/2/2017. (Mishkin, Scott) |
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16 | 16
service
Summons Returned Executed
Thu 07/27 9:34 AM
SUMMONS Returned Executed by Wayne Rice. Smithtown Volkswagen served on 6/22/2017, answer due 8/2/2017. (Mishkin, Scott) |
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order
Order on Motion for Extension of Time to Answer
Thu 07/27 4:41 PM
ELECTRONIC ORDER granting18 Motion for Extension of Time to Answer. Defendant Joe Bindels and Defendant Smithtown Volkswagen's time to answer or otherwise respond to the Complaint is EXTENDED to 8/9/2017. So Ordered by Magistrate Judge Anne Y. Shields on 7/27/2017. (Demosthenous, Dina) |
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Thursday, July 13, 2017 | ||
15 | 15
motion
Extension of Time to File Answer
Thu 07/13 12:50 PM
Letter MOTION for Extension of Time to File Answer re1 Complaint by Joe Bindels, Smithtown Volkswagen. (Zollo, John) |
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14 | 14
notice
Notice of Appearance
Thu 07/13 12:11 PM
NOTICE of Appearance by John B. Zollo on behalf of Smithtown Volkswagen (aty to be noticed) (Zollo, John) |
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13 | 13
notice
Notice of Appearance
Thu 07/13 12:10 PM
NOTICE of Appearance by John B. Zollo on behalf of Joe Bindels (aty to be noticed) (Zollo, John) |
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order
Order on Motion for Extension of Time to Answer
Thu 07/13 4:50 PM
ELECTRONIC ORDER granting15 Motion for Extension of Time to Answer. Defendant Joe Bindels and Defendant Smithtown Volkswagen's time to answer or otherwise respond to the Complaint is EXTENDED to 8/2/2017. So Ordered by Magistrate Judge Anne Y. Shields on 7/13/2017. (Demosthenous, Dina) |
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Thursday, June 29, 2017 | ||
12 | 12
service
Summons Issued
Thu 06/29 10:38 AM
Summons (Amended) Issued as to Joe Bindels. (Fagan, Linda) |
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11 | 11
misc
Proposed Summons/Civil Cover Sheet
Thu 06/29 10:28 AM
Proposed Summons. by Wayne Rice (Mishkin, Scott) |
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10 | 10
service
Summons Issued
Thu 06/29 9:50 AM
Summons Issued as to Joe Bindels, on 06/29/2017. (Fagan, Linda) |
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Wednesday, June 28, 2017 | ||
9 | 9
misc
Proposed Summons/Civil Cover Sheet
Wed 06/28 5:16 PM
Proposed Summons. by Wayne Rice (Mishkin, Scott) |
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Tuesday, June 27, 2017 | ||
8 | 8
service
Summons Issued
Tue 06/27 10:52 AM
Summons Issued as to Smithtown Volkswagen, on June 27, 2017, (Fagan, Linda) |
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Monday, June 26, 2017 | ||
7 | 7
misc
Proposed Summons/Civil Cover Sheet
Mon 06/26 10:17 AM
Proposed Summons. by Wayne Rice (Mishkin, Scott) |
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Monday, June 19, 2017 | ||
6 | 6
service
Summons Issued
Mon 06/19 10:58 AM
Summons Issued as to Joe Bindels, Smithtown Volkswagen, Volkswagen of America Inc.. (Rodin, Deanna) |
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Att: 1 Summons Smithtown Volkswagen, | ||
Att: 2 Summons Joe Bindels | ||
5 | 5
misc
Clerks Notice of Rule 73
Mon 06/19 10:52 AM
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) |
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4 | 4
misc
Quality Control Check - Attorney Case Opening
Mon 06/19 10:47 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
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utility
Case Assigned/Reassigned
Mon 06/19 10:52 AM
Case Assigned to Judge Leonard D. Wexler and Magistrate Judge Anne Y. Shields. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) |
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Friday, June 16, 2017 | ||
3 | 3
misc
Proposed Summons/Civil Cover Sheet
Fri 06/16 2:53 PM
Civil Cover Sheet.. by Wayne Rice (Mishkin, Scott) |
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2 | 2
misc
Proposed Summons/Civil Cover Sheet
Fri 06/16 2:52 PM
Proposed Summons. by Wayne Rice (Mishkin, Scott) |
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Att: 1 Proposed Summons, | ||
Att: 2 Proposed Summons | ||
1 | 1
cmp
Complaint
Fri 06/16 2:50 PM
COMPLAINT against Joe Bindels, Smithtown Volkswagen, Volkswagen of America Inc. filing fee $ 400, receipt number 0207-9611900 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Wayne Rice. (Mishkin, Scott) |