Griffin v. DaimlerChrysler Services North America LLC et al

New York Western District Court
Judge:	Frank P Geraci, Jr
Case #:	6:22-cv-06260
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	28:1331 Federal Question: Other Civil Rights

Case Filed:

Jun 07, 2022

Docket
Parties (4)

Last checked: Sunday Dec 04, 2022 5:08 AM EST

Defendant Carmel Financial Corporation
Defendant DaimlerChrysler Services North America LLC
Plaintiff Cherrie E. Griffin 203 Monroe Ave Apt 2 Rochester, NY 14607
TERMINATED PARTIES
Defendant Monroe County Sheriff Terminated: 08/05/2022

Docket last updated: 8 hours ago

Tuesday, May 13, 2025
39		39 service Summons Returned Unexecuted Tue 05/13 11:04 AM Summons Returned Unexecuted by Cherrie E. Griffin as to Daimler Chrysler Services North America LLC. (JLH) Related: [-]
Friday, April 25, 2025
38		38 service Summons Reissued Fri 04/25 12:17 PM Summons Reissued as to Daimler Chrysler Services North America LLC. (RE) Related: [-]
		utility Remark Fri 04/25 12:18 PM The Clerk's Office has forwarded service packet to the US Marshal for service. (RE) Related: [-]
Tuesday, March 25, 2025
37		37 order Text Order Tue 03/25 12:50 PM TEXT ORDER granting36 MOTION for Extension of Time by Cherrie E. Griffin. The Court will grant Plaintiff one final extension of time to obtain Daimler's address. By April 25, 2025 , Plaintiff shall submit a valid address for Daimler Chrysler Services North America LLC for service of process. The Court advises Plaintiff that this action will be dismissed without prejudice, in accordance with Rule 4(m), if she fails to submit a valid address by April 25, 2025 . Furthermore, the Court advises Plaintiff that no more extensions of time will be granted absent good cause . SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 3/25/2025. (MFM) Related: [-]
Monday, March 24, 2025
36		36 motion Extension of Time to File Document Mon 03/24 3:46 PM MOTION for Extension of Time by Cherrie E. Griffin.(RE) Related: [-]
Wednesday, February 26, 2025
35		35 order Text Order Wed 02/26 12:15 PM TEXT ORDER: Acting pro se , Plaintiff filed this action in June 2022. She sued, among other defendants, Daimler Chrysler Services North America LLC ("Daimler"). The Court allowed Plaintiff's complaint to proceed to service against Daimler, but the summons was returned unexecuted. ECF No. 12. It appears that Plaintiff identified the address of a local Mercedes-Bentz dealership as Daimler's address. Id. at 4. Plaintiff provided a new address located in Portland, Oregon, ECF No. 13, but the summons was again returned unexecuted. ECF No. 20. Later, Plaintiff identified Daimler's address to be in Tarrytown, NY, ECF No. 33, but the summons was returned to unexecuted. ECF No. 34. Because she has been granted in forma pauperis status, Plaintiff is entitled to service by the U.S. Marshals Service. Fed. R. Civ. P. 4(c)(3). However, it remains Plaintiff's "responsibility to provide a valid address at which defendant can be served." Romano v. Brown , No. 18-CV-302, 2023 WL 9422373, at *6 n.8 (W.D.N.Y. Nov. 28, 2023). For nearly three years, Plaintiff has repeatedly failed to provide a valid service address for Daimler. The Court notifies Plaintiff that it intends to deny any further extensions of time to effectuate service, because it does not appear that Plaintiff has made reasonable efforts to obtain Daimler's address and prosecute this action in a timely matter. As a result, the Court also intends to dismiss the complaint without prejudice against Daimler on the ground that it has not been timely served under Rule 4(m). To the extent Plaintiff wishes to be heard on these issues, she may file a response by March 26, 2025. If Plaintiff believes she needs additional assistance to obtain Daimler's address, the Court notifies Plaintiff that JustCause, a local legal assistance organization, operates a "Federal Pro Se Assistance Program" to provide limited scope legal assistance on civil federal matters to individuals in Rochester who cannot afford an attorney. Plaintiff may seek assistance from that program by calling (585) 683-7707. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/26/2025. (MFM) Related: [-]
Tuesday, February 25, 2025
34		34 service Summons Returned Unexecuted Tue 02/25 11:15 AM Summons Returned Unexecuted as to Daimler Chrysler Services North America LLC. (RE) Related: [-]
Thursday, February 06, 2025
33		33 service Summons Reissued Thu 02/06 1:54 PM Summons Reissued as to Daimler Chrysler Services North America LLC. The Clerk's Office has forwarded complete service packets to the US Marshal for service. (RE) Related: [-]
Wednesday, February 05, 2025
32		32 order Text Order Wed 02/05 4:19 PM TEXT ORDER: The Clerk of Court shall issue a summons in accordance with Plaintiff's response at ECF No. 30, and shall serve the summons as directed by the Court's February 4, 2025 text order (ECF No. 31). SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/5/2025. (MFM) Related: [-]
Tuesday, February 04, 2025
31		31 order Text Order Tue 02/04 10:03 AM TEXT ORDER: The Clerk of Court is directed to send copies of the Summons (ECF No. 30), Complaint, Amended Complaint, and the October 6, 2022 Order to the United States Marshal Service for service upon Defendant Daimler Chrysler Services North America LLC without Plaintiff's payment, with unpaid fees to be recoverable if this action terminates by monetary award in Plaintiff's favor. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/4/2025. (MFM) Related: [-]
Friday, November 22, 2024
30		30 respm Reply/Response Fri 11/22 12:52 PM REPLY/RESPONSE filed by Cherrie E. Griffin to 29 TEXT ORDER. (RE) Related: [-]
Tuesday, September 24, 2024
29		29 order Order on Motion for Extension of Time to File Tue 09/24 10:12 AM TEXT ORDER granting28 Motion for Extension of Time to File. Plaintiff has until November 22, 2024 to send a letter (1) indicating whether she intends to prosecute this action against the remaining defendant, Daimler Chrysler Services North America LLC, and (2) confirming the address of Daimler Chrysler Services North America LLC so that it can be properly served. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/24/2024. (MFM) Related: [-]
Monday, September 23, 2024
28		28 motion Extension of Time to File Document Mon 09/23 4:05 PM MOTION for Extension of Time to File by Cherrie E. Griffin.(RE) Related: [-]
Friday, July 19, 2024
27		27 order Order on Motion for Extension of Time to File Fri 07/19 9:24 AM TEXT ORDER granting26 Motion for Extension of Time to File. By letter dated 7/16/24, Plaintiff requested additional time to obtain the correct address for the remaining defendant, Daimler Chrysler Services North America LLC. The Court granted that request and gave Plaintiff until August 30, 2024, to submit the required letter. ECF No. 25. By letter 7/18/24, Plaintiff now requests 60 days to obtain the defendant's address. Plaintiff's request is GRANTED. Plaintiff has until September 20, 2024 to send a letter (1) indicating whether she intends to prosecute this action against the remaining defendant, Daimler Chrysler Services North America LLC, and (2) confirming the address of Daimler Chrysler Services North America LLC so that it can be properly served. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/19/2024. (MFM) Related: [-]
Thursday, July 18, 2024
26		26 motion Extension of Time to File Document Thu 07/18 12:56 PM MOTION for Extension of Time by Cherrie E. Griffin.(TF) Related: [-]
Wednesday, July 17, 2024
25		25 order Order on Motion for Extension of Time to File Wed 07/17 9:52 AM TEXT ORDER granting24 Motion for Extension of Time to File. By August 30, 2024, Plaintiff shall send a letter (1) indicating whether she intends to prosecute this action against the remaining defendant, Daimler Chrysler Services North America LLC, and (2) confirming the address of Daimler Chrysler Services North America LLC so that it can be properly served. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/17/2024. (MFM) Related: [-]
Tuesday, July 16, 2024
24		24 motion Extension of Time to File Document Tue 07/16 2:29 PM MOTION for Extension of Time to File by Cherrie E. Griffin. (JHF) Related: [-]
Monday, June 17, 2024
23		23 order Text Order Mon 06/17 11:50 AM TEXT ORDER: On November 9, 2023, the summons was returned unexecuted as to Defendant Daimler Chrysler Services North America LLC. ECF No. 20. On February 6, 2024, the Court dismissed with prejudice Plaintiff's claims against Defendant Carmel Financial Corporation. ECF No. 22. Since that date, Plaintiff has taken no further action in this matter. Accordingly, by July 17, 2024, Plaintiff shall send a letter (1) indicating whether she intends to prosecute this action against the remaining defendant, Daimler Chrysler Services North America LLC, and (2) confirming the address of Daimler Chrysler Services North America LLC so that it can be properly served. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/17/2024. (MFM) Related: [-]
Tuesday, February 06, 2024
22		22 9 pgs order Order on Motion for Default Judgment Tue 02/06 4:03 PM DECISION AND ORDER: Plaintiff's18 Motion for Default Judgment is denied and her claim as to Defendant Carmel Financial Corporation is dismissed with prejudice. The Clerk of Court is directed to terminate Defendant Carmel Financial Corporation from this action and update the case caption accordingly. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/6/2024. (MDS) Related: [-]
Monday, December 11, 2023
21		21 service Summons Issued Tue 12/12 4:02 PM Summons Issued as to Daimler North America Corporation. (TF) Related: [-]
Thursday, November 09, 2023
20		20 service Summons Returned Unexecuted Thu 11/09 4:11 PM Summons Returned Unexecuted as to Daimler Chrysler Services North America LLC. (RE) Related: [-]
Wednesday, October 04, 2023
19		19 order Text Order Wed 10/04 11:16 AM TEXT ORDER re:18 MOTION for Default Judgment as to Carmel Financial Corporation by Cherrie E. Griffin. Defendant Carmel Financial Corporation may file a response by November 6, 2023. Plaintiff may file a reply by November 20, 2023. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/4/2023. (MFM) Related: [-]
Tuesday, October 03, 2023
18		18 motion Default Judgment Tue 10/03 3:06 PM MOTION for Default Judgment as to Carmel Financial Corporation by Cherrie E. Griffin.(RE) Related: [-]
Wednesday, September 20, 2023
17		17 order Clerk's Entry of Default Wed 09/20 10:27 AM Clerk's ENTRY OF DEFAULT as to Carmel Financial Corporation pursuant to 15 TEXT ORDER. This was mailed to: Cherrie E. Griffin. (RE) Related: [-]
16		16 service Summons Reissued Wed 09/20 10:20 AM 13 Summons Reissued as to Daimler Chrysler Services North America LLC. pursuant to 14 TEXT ORDER. (RE) Related: [-]
		utility Remark Wed 09/20 10:24 AM The Clerks Office has forwarded 16 Summons Reissued service packets to the US Marshal. (RE) Related: [-]
Tuesday, September 19, 2023
15		15 order Text Order Tue 09/19 2:19 PM TEXT ORDER: The summons was returned executed as to Defendant Carmel Financial Corporation on May 8, 2023. Carmel's answer was due by May 24, 2023. Carmel did not file an answer or other response to the amended complaint by that date. Although it did submit a letter to the Court, ECF No. 10, the Court notified Carmel that it would not "take any action on this letter, and it will not treat it as a proper responsive pleading to the complaint." ECF No. 11. Accordingly, because Defendant Carmel Financial Corporation "has failed to plead or otherwise defend" in this action, the Clerk of Court is directed to enter Defendant Carmel Financial Corporation's default. Fed. R. Civ. P. 55(a); see also Peterson v. Syracuse Police Dep't , 467 F. App'x 31, 33 (2d Cir. 2012) (summary order) (noting that "a district court judge also possesses the inherent power to enter a default"). The Court notifies Plaintiff that, if she wishes to move for a default judgment against Defendant Carmel Financial Corporation, she must "apply to the court" for such relief. Fed. R. Civ. P. 55(b)(2). SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/19/2023. (MFM) Related: [-]
14		14 order Text Order Tue 09/19 10:33 AM TEXT ORDER: The Clerk of Court is directed to send copies of the Summons (ECF No. 13), Complaint, Amended Complaint, and the October 6, 2022 Order to the United States Marshal Service for service upon Defendant Daimler Chrysler Services North America LLC without Plaintiff's payment, with unpaid fees to be recoverable if this action terminates by monetary award in Plaintiff's favor. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/19/2023. (MFM) Related: [-]
Friday, May 12, 2023
13		13 service Summons Reissued Fri 05/12 1:26 PM Summons Reissued as to Daimler Chrysler Services North America LLC. (RE) Related: [-]
12		12 service Summons Returned Unexecuted Fri 05/12 1:25 PM Summons Returned Unexecuted filed by Cherrie E. Griffin as to Daimler Chrysler Services North America LLC. (RE) Related: [-]
Thursday, May 11, 2023
		order Text Order Thu 05/11 10:38 AM TEXT ORDER: In a letter dated May 3, 2023, the Vice President of Operations of Defendant Carmel Financial Corporation asks that the Court "remove any interest from us from this file," on the basis that it has no "interest with creditor Cherrie Griffin." ECF No. 10 at 1. This letter purports to be the "Answer" of Carmel. Id. It is well-established that "a corporation, which is an artificial entity that can only act through agents, cannot proceed pro se ." Jones v. Niagara Frontier Transp. Auth. , 722 F.2d 20, 22 (2d Cir. 1983). Accordingly, "an attorney licensed to practice law before our courts" must "represent the corporation in court." Id. There is no indication that Carmel's Vice President of Operations is a properly licensed attorney who is a member of this Court's bar; a person's status as an officer of the corporation does not, standing alone, entitle the person to represent the corporation. Ultracashmere House, Ltd. v. Nordstrom, Inc. , 123 F.R.D. 435, 436 (S.D.N.Y. 1988) ("[A] corporation cannot appear personally or by one of its officers who is not an attorney."). For these reasons, the Court will not take any action on this letter, and it will not treat it as a proper responsive pleading to the complaint. The Clerk of Court is directed to re-title Docket Entry 10 as "Letter by Sunrise Arnold dated May 3, 2023." Carmel's answer remains due by May 24, 2023. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 5/11/2023. (MFM) Related: [-]
		utility Update Answer Due Date Thu 05/11 4:12 PM Answer due date May 24, 2023. (RE) Related: [-]
Wednesday, May 10, 2023
10		10 answer Answer to Amended Complaint Wed 05/10 2:15 PM ANSWER to4 Amended Complaint by Carmel Financial Corporation.(RE) Related: [-]
9		9 misc Continuation of Exhibits Wed 05/10 11:39 AM CONTINUATION OF EXHIBITS by Cherrie E. Griffin to8 Summons Returned Executed filed by Cherrie E. Griffin. (RE) Related: [-]
Monday, May 08, 2023
8		8 service Summons Returned Executed Mon 05/08 1:29 PM SUMMONS Returned Executed. Carmel Financial Corporation served on 5/3/2023, answer due 5/24/2023. (RE) Related: [-]
Monday, April 17, 2023
7		7 service Summons Issued Mon 04/17 1:20 PM Summons Issued as to Daimler Chrysler Services North America LLC and Carmel Financial Corporation. (RE) Related: [-]
		utility Remark Mon 04/17 1:22 PM The Clerk's Office has forwarded complete service packets to the US Marshal for service. (RE) Related: [-]
Monday, March 20, 2023
		utility Remark Mon 03/20 2:23 PM Clerk re-mailed a copy5 Order to the pro se Plaintiff with Summonses and Marshal Forms to be completed for service. (RE) Related: [-]
Wednesday, March 15, 2023
		order Text Order Wed 03/15 3:46 PM TEXT ORDER: The Clerk of Court is directed to resend copies of the Summons, Complaint, and the October 6, 2022 Order to the United States Marshal Service for service upon Defendants without Plaintiff's payment, with unpaid fees to be recoverable if this action terminates by monetary award in Plaintiff's favor. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 3/15/2023. (MFM) Related: [-]
Friday, October 07, 2022
		utility Remark Fri 10/07 4:17 PM Clerk mailed a copy5 Order to the pro se Plaintiff with Summonses and Marshal Forms to be completed for service. (RE) Related: [-]
Thursday, October 06, 2022
5		5 7 pgs order Order Thu 10/06 4:05 PM ORDER: Plaintiff's4 Amended Complaint shall proceed against Defendants. The Clerk of Court is directed to forward copies of the Summons, Amended Complaint, and this Order to the United States Marshal Service for service upon Defendants without Plaintiff's payment, with unpaid fees to be recoverable if this action terminates by monetary award in Plaintiff's favor. The Clerk of Court shall also mail a copy of this Order to the pro se Plaintiff. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/6/2022. (MDS) Related: [-]
Friday, September 02, 2022
4		4 cmp Amended Complaint Tue 09/06 10:31 AM AMENDED COMPLAINT against All Defendants, filed by Cherrie E. Griffin.(RE) Related: [-]
Monday, August 08, 2022
		utility Remark Mon 08/08 4:56 PM Clerk mailed documents pursuant to Order3 to plaintiff. (RE) Related: [-]
Friday, August 05, 2022
3		3 10 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Fri 08/05 9:12 AM DECISION AND ORDER: Plaintiff's Motion to Proceed in Forma Pauperis2 is GRANTED. Plaintiff's Amended Complaint is due on or before September 5, 2022. If Plaintiff does not file an Amended Complaint as directed, the following shall occur without further order of the Court: (1) all claims, as described herein, shall be dismissed with prejudice; (2) the Clerk of Court shall close this case; (3) pursuant to 28 U.S.C. � 1915(a), any appeal from this Order would not be taken in good faith and leave to appeal to the Court of Appeals as a poor person is denied. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 8/5/2022. (MDS) The Clerk of Court is directed to: (1) send to Plaintiff (a) copies of the NEF and Order; (b) the Non-Prisoner Complaint Form; and (c) Amended Complaint Instructions; (2) add Carmel Financial Corporation as a Defendant; (3) terminate the Monroe County Sheriff's Department as a Defendant; and (4) Related: [-]
Tuesday, June 07, 2022
2		2 motion Proceed In Forma Pauperis Tue 06/07 4:06 PM MOTION for Leave to Proceed in forma pauperis by Cherrie E. Griffin.(RE) Related: [-]
1		1 cmp Complaint Tue 06/07 4:05 PM COMPLAINT against All Defendants, filed by Cherrie E. Griffin.(RE) Related: [-]
		Att: 1 Civil Cover Sheet
		notice Notice of Availability of Magistrate Judge Tue 06/07 4:09 PM 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[LINK:http://www.uscourts.gov/services-forms/forms] . Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, Civil Case Timeline, ADR Notification and pro se assistance program info mailed to plaintiff after filing at the counter. (RE) Related: [-]

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