Cukierwar v. FCA US LLC

New York Eastern District Court
Judge:	Joan M Azrack
Referred:	Steven Tiscione
Case #:	2:22-cv-07775
Nature of Suit	355 Torts - Personal Injury - Motor Vehicle Product Liability
Cause	28:1332 Diversity-Motor Vehicle Product Liability

Case Filed:	Dec 21, 2022
Terminated:	Jan 31, 2024

Docket
Parties (2)

Last checked: Monday Jun 19, 2023 5:44 AM EDT

Defendant FCA US LLC	Represented By Tiffany M. Alexander Nelson Mullins contact info
Plaintiff Louis Cukierwar	Represented By James L Mitchell James L. Mitchell contact info John Robert Skrabanek Thompson & Skrabanek, PLLC contact info

Docket last updated: 90 minutes ago

Wednesday, January 31, 2024
		order Order Dismissing Case Wed 01/31 2:34 PM ORDER DISMISSING CASE: The Court having been advised that this matter has settled, the case is dismissed, subject to reinstatement at the request of any party within 60 days. The Court retains jurisdiction to So Order any settlement documents if they are submitted within this period. Ordered by Judge Joan M. Azrack on 1/31/2024. (LP) Related: [-]
Tuesday, January 30, 2024
30		30 notice Notice of Settlement Tue 01/30 1:17 PM NOTICE of Settlement by Louis Cukierwar (Skrabanek, John) Related: [-]
		order 1 - Terminate Hearings Tue 01/30 2:18 PM In light of the parties' notification that the parties have reached a settlement in this case, the conference scheduled for January 31st before the undersigned is canceled. So Ordered by Magistrate Judge Steven Tiscione on 1/30/2024. (LV) Related: [-]
Friday, December 15, 2023
29		29 motion Protective Order Fri 12/15 12:54 PM Consent MOTION for Protective Order by FCA US LLC. (Alexander, Tiffany) Related: [-]
		Att: 1 Proposed Order Proposed Order,
		Att: 2 Proposed Order Stipulated Protective Order
		order Order on Motion for Protective Order Fri 12/15 2:16 PM ORDER granting29 Motion for Protective Order. The Stipulation of Confidentiality is approved and hereby entered as an Order of the Court. So Ordered by Magistrate Judge Steven Tiscione on 12/15/2023. (LV) Related: [-]
Wednesday, November 08, 2023
28		28 motion Extension of Time to Complete Discovery Wed 11/08 12:33 PM MOTION for Extension of Time to Complete Discovery by Louis Cukierwar. (Skrabanek, John) Related: [-]
		Att: 1 Exhibit (Proposed) Amended Scheduling Order
27		27 motion Extension of Time to Complete Discovery Wed 11/08 10:50 AM MOTION for Extension of Time to Complete Discovery by Louis Cukierwar. (Skrabanek, John) Related: [-]
		Att: 1 Exhibit (Proposed) Amended Scheduling Order
		order Order on Motion for Extension of Time to Complete Discovery Wed 11/08 2:29 PM ORDER terminating27 Motion for Extension of Time to Complete Discovery; granting28 Motion for Extension of Time to Complete Discovery. All fact discovery to be completed by 1/16/24; Exchange of Plaintiff's expert reports - 2/2/24; Exchange of Defendant's expert reports - 3/15/24; Expert depositions completed by - 4/10/24; All discovery completed by - 4/10/24; Final date to take first step in dispositive motion practice - 5/10/24. The settlement conference scheduled for November 13th will instead be held by Zoom on January 31, 2024 at 11:00 a.m. Parties are to submit their respective settlement positions via ex parte electronic filing no later than January 29th. A Zoom link will be sent to counsel prior to the conference. So Ordered by Magistrate Judge Steven Tiscione on 11/8/2023. (LV) Related: [-]
Thursday, August 10, 2023
		order Order on Motion to Adjourn Conference 1 - Terminate Hearings Thu 08/10 4:23 PM AMENDED ORDER granting26 Motion to Adjourn Conference. The settlement conference to be held by Zoom scheduled for August 15th will instead be held at 10:00 a.m. on November 13, 2023. A conference link will be distributed to counsel prior to the conference. The settlement positions will now be due by November 10th. So Ordered by Magistrate Judge Steven Tiscione on 8/10/2023. (LV) Modified on 8/10/2023 (LV) Related: [-]
Wednesday, August 09, 2023
26		26 motion Adjourn Conference Wed 08/09 3:22 PM MOTION to Adjourn Conference AND EXTENSION OF DEADLINE TO FILE SETTLEMENT POSITIONS by Louis Cukierwar. (Mitchell, James) Related: [-]
		Att: 1 Proposed Order
Thursday, May 11, 2023
25		25 minutes Initial Conference Hearing ~Util - Set Hearings Thu 05/11 12:08 PM Minute Entry for Initial Conference Hearing held on 5/10/2023 before Magistrate Judge Steven Tiscione: Mitchell for Plaintiff; Alexander for Defendant. The Court sets the following discovery deadlines: Deadline for completion of Rule 26(a) initial disclosures - 5/26/23; Completion of Phase I discovery - 7/28/23; Deadline for motions to join new parties or amend pleadings - 9/1/23; First requests for production of documents and interrogatories due by - 9/16/23; All fact discovery to be completed by 11/16/23;Exchange of Plaintiff's expert reports - 12/2/23; Exchange of Defendant's expert reports - 1/15/24; Expert depositions completed by - 2/10/24; All discovery completed by - 2/10/24; Final date to take first step in dispositive motion practice - 3/10/24. A settlement conference will be held by Zoom on August 15, 2023 at 11:00 a.m. Parties are to submit their respective settlement positions via ex parte electronic filing no later than August 12, 2023. A motion to file ex parte is not required. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. A Zoom link will be sent to counsel prior to the conference. (Not Recorded.) (LV) Related: [-]
Monday, May 08, 2023
24		24 notice Notice(Other) Mon 05/08 11:05 AM NOTICE by FCA US LLC Discovery Plan Worksheet (Alexander, Tiffany) Related: [-]
Wednesday, April 26, 2023
23		23 order Scheduling Order Wed 04/26 7:55 AM SCHEDULING ORDER: An initial conference will be held at 11:30 a.m. on May 10, 2023 before the undersigned by phone. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. The attached Discovery Plan Worksheet is to be completed by counsel and electronically filed with the Court by May 8th. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 4/26/2023. (LV) Related: [-]
Monday, April 24, 2023
22		22 1 pgs order Order of Recusal Tue 04/25 3:40 PM ORDER OF RECUSAL. Case randomly reassigned to Magistrate Judge Steven Tiscione for all further proceedings. So Ordered by Magistrate Judge Anne Y. Shields on 4/24/2023. (GO) Related: [-]
21		21 minutes Initial Conference Hearing Tue 04/25 10:30 AM Minute Entry for proceedings held before Magistrate Judge Anne Y. Shields:Initial Conference Hearing held on 4/24/2023 (FTR Log #11:38-11:40.) (JT) Related: [-]
		order Scheduling Order Mon 04/24 12:42 PM SCHEDULING ORDER: As set forth on the record during the conference held on April 25, 2023, the undersigned hereby recuses herself from this case. So Ordered by Magistrate Judge Anne Y. Shields on 4/24/2023. (DM) Related: [-]
		utility Case No Longer Referred Tue 04/25 3:38 PM Case no longer referred to Magistrate Judge Anne Y. Shields. (GO) Related: [-]
Thursday, April 20, 2023
20		20 1 pgs misc Letter Thu 04/20 5:26 PM Letter Proposed Discovery Plan by FCA US LLC (Alexander, Tiffany) Related: [-]
19		19 misc Letter Thu 04/20 5:23 PM Letter Joint Letter of Counsel by FCA US LLC (Alexander, Tiffany) Related: [-]
Tuesday, March 28, 2023
18		18 notice Notice of Appearance Tue 03/28 2:39 PM NOTICE of Appearance by James L Mitchell on behalf of Louis Cukierwar (aty to be noticed) (Mitchell, James) Related: [-]
Thursday, March 02, 2023
17		17 misc Corporate Disclosure Statement Thu 03/02 10:08 AM Corporate Disclosure Statement by FCA US LLC identifying Other Affiliate FCA North America Holdings LLC, Other Affiliate Stellantis N.V. (formerly known as Fiat Chrysler Automobiles N.V.), Other Affiliate FCA Holdco B.V. for FCA US LLC. (Alexander, Tiffany) Related: [-]
Tuesday, February 28, 2023
		order Order(Other) Tue 02/28 12:13 PM ORDER. The Declaration filed by Plaintiff, ECF No.10 , establishes that this Court has subject matter jurisdiction. Ordered by Judge Joan M. Azrack on 2/28/2023. (RT) Related: [-]
Friday, February 24, 2023
16		16 answer Answer to Complaint Fri 02/24 2:22 PM Defendant FCA US LLC's ANSWER to1 Complaint, by FCA US LLC. (Alexander, Tiffany) Related: [-]
Monday, February 20, 2023
15		15 notice Notice of Appearance Mon 02/20 3:33 PM NOTICE of Appearance by Tiffany M. Alexander on behalf of FCA US LLC (notification declined or already on case) (Alexander, Tiffany) Related: [-]
Friday, February 17, 2023
		order Order on Motion for Leave to Appear Pro Hac Vice Fri 02/17 10:23 AM ORDER granting14 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 2/17/2023. (DM) Related: [-]
Thursday, February 16, 2023
14		14 motion Appear Pro Hac Vice Thu 02/16 5:47 PM MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16418199. by Louis Cukierwar. (Skrabanek, John) Related: [-]
Wednesday, February 15, 2023
		order Order on Motion for Leave to Appear Pro Hac Vice Wed 02/15 11:00 AM ORDER granting13 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 2/15/2023. (DM) Related: [-]
Tuesday, February 14, 2023
13		13 motion Appear Pro Hac Vice Tue 02/14 2:51 PM Notice of MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16408475. by FCA US LLC. (Alexander, Tiffany) Related: [-]
		Att: 1 Affidavit,
		Att: 2 Exhibit,
		Att: 3 Exhibit,
		Att: 4 Exhibit
Friday, February 10, 2023
		order Order on Motion for Leave to Appear Pro Hac Vice Fri 02/10 7:52 AM ORDER denying12 Motion for Leave to Appear Pro Hac Vice. The application is denied without prejudice to renewal for failure to comply with Local Rule 1.3(c) which states that an applicant must submit a "certificate of the court for each of the states in which the applicant is a member of the bar, which has been issued within thirty (30) days of filing...." Some of the certificates provided were issued more than thirty days prior to the filing of the instant application. So Ordered by Magistrate Judge Anne Y. Shields on 2/10/2023. (DM) Related: [-]
Thursday, February 09, 2023
12		12 motion Appear Pro Hac Vice Thu 02/09 11:30 AM Notice of MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number CNYEDC-16392891. by FCA US LLC. (Alexander, Tiffany) Related: [-]
		Att: 1 Affidavit in Support,
		Att: 2 New York State Certificate of Good Standing,
		Att: 3 Pennsylvania Certificate of Good Standing,
		Att: 4 New Jersey Certificate of Good Standing
Wednesday, February 08, 2023
11		11 motion Appear Pro Hac Vice Wed 02/08 2:25 AM MOTION to Appear Pro Hac Vice for Andrew S. Bullard Filing fee $ 150, receipt number ANYEDC-16386720. by Louis Cukierwar. (Skrabanek, John) Related: [-]
		Att: 1 Proposed Order Proposed Order Granting PHV
		order Order on Motion for Leave to Appear Pro Hac Vice Wed 02/08 12:51 PM ORDER denying11 Motion for Leave to Appear Pro Hac Vice. The application is denied without prejudice to renewal for failure to comply with Local Rule 1.3(c) which states that an applicant must submt a "certificate of the court for each of the states in which the applicant is a member of the bar, which has been issued within thirty (30) days of filing...." The certificate provided was issued more than thirty days prior to the filing of the instant application. So Ordered by Magistrate Judge Anne Y. Shields on 2/8/2023. (DM) Related: [-]
Monday, January 30, 2023
10		10 misc Declaration Mon 01/30 11:16 AM DECLARATION re Order to Show Cause,,,, in Support of Subject Matter Jurisdiction by Louis Cukierwar (Skrabanek, John) Related: [-]
		Att: 1 Exhibit Declaration of Matthew M. Proudfoot
Tuesday, January 24, 2023
		order Order to Show Cause Tue 01/24 1:59 PM ORDER TO SHOW CAUSE. It is not clear from the Complaint that the Court has subject matter jurisdiction over this action. The Complaint indicates that defendant is an LLC, but the Complaint treats defendant as if it were a corporation, which, for purposes of determining citizenship, are analyzed differently than LLCs. See Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC , 692 F.3d 42, 49 (2d Cir. 2012) (holding that the defendant limited liability company takes the citizenship of each of its members); Handelsman v. Bedford Village Associates Ltd. Partnership , 213 F.3d 48 (2d Cir. 2000) (same with respect to limited partnerships). Plaintiff is ORDERED TO SHOW CAUSE, in writing, by January 30, 2023, why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiff's response must include an identification of each member of the defendant LLC and sufficient facts to draw a conclusion as to each such member's citizenship. Failure to respond to this Order to Show Cause by January 30, 2023 will result in dismissal of this case without prejudice. Ordered by Judge Joan M. Azrack on 1/24/2023. (RT) Related: [-]
Wednesday, December 28, 2022
		order Order on Motion for Leave to Appear Pro Hac Vice Wed 12/28 8:54 AM ORDER granting9 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 12/28/2022. (DM) Related: [-]
Tuesday, December 27, 2022
9		9 motion Appear Pro Hac Vice Tue 12/27 2:39 PM MOTION to Appear Pro Hac Vice for Jim Mitchell Filing fee $ 150, receipt number ANYEDC-16259940. by Louis Cukierwar. (Skrabanek, John) Related: [-]
		Att: 1 Proposed Order
Thursday, December 22, 2022
8		8 service Summons Issued Thu 12/22 11:39 AM Summons Issued as to FCA US LLC. (GO) Related: [-]
7		7 order Scheduling Order Thu 12/22 10:03 AM ORDER: Initial Conference set for 4/24/2023 at 11:30 AM before Magistrate Judge Anne Y. Shields.The parties are directed to call the AT&TTeleconferencing Center at (877) 810-9415 and to enter Access Code9005911 when prompted. See order and attachment. Ordered by Magistrate Judge Anne Y. Shields on 12/22/2022. (JT) Related: [-]
		Att: 1 AYS Rules
Wednesday, December 21, 2022
6		6 4 pgs order Order on Motion for Refund of Fees Paid Electronically Wed 12/21 1:22 PM Request for Refund of Fees Paid Electronically approved by Lisa Florio, Operations Manager, on 12/21/2022. (LF) Related: [-]
5		5 misc Proposed Summons/Civil Cover Sheet Wed 12/21 11:49 AM Proposed Summons. Re1 Complaint, by Louis Cukierwar (Skrabanek, John) Related: [-]
4		4 misc Clerks Notice of Rule 73 Wed 12/21 11:38 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. (LJ) Related: [-]
3		3 misc Quality Control Check - Attorney Case Opening Wed 12/21 11:33 AM This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) Related: [-]
2		2 motion Refund of Fees Paid Electronically Wed 12/21 11:25 AM MOTION for Refund of Fees Paid Electronically by Louis Cukierwar. (Skrabanek, John) Related: [-]
		Att: 1 Exhibit Two Filing Fee Receipts
1		1 7 pgs cmp Complaint Wed 12/21 10:51 AM COMPLAINT against FCA US LLC filing fee $ 402, receipt number ANYEDC-16249387 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Louis Cukierwar. (Skrabanek, John) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Proposed Summons
		utility Case Assigned/Reassigned Wed 12/21 11:38 AM Case Assigned to Judge Joan M. Azrack 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. (LJ) Related: [-]
		misc Quality Control Check - Summons Wed 12/21 11:40 AM Your proposed summons was not issued for the following reasons: The section that reads "The answer or motion must be served on plaintiff or plaintiff's attorney, whose name and address are:" has not be completed; Further, The CLERK OF COURT name needs to be updated. As of 2/1/2022, Brenna B. Mahoney is the Clerk of Court for the Eastern District of New York. Please correct and resubmit using the event Proposed Summons/Civil Cover Sheet. (LJ) Related: [-]

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