WHA Nineteen LLC v. Volkswagen of America, Inc.
| New York Northern District Court | |
| Judge: | Brenda K Sannes |
| Referred: | Daniel J Stewart |
| Case #: | 1:25-cv-00175 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1441 Petition for Removal |
| Case Filed: | Feb 07, 2025 |
| Last checked: Monday Mar 24, 2025 4:47 AM EDT |
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Consol Defendant
Audi of America, Inc
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Represented By
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Consol Defendant
Volkswagen Group of America, Inc.
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Represented By
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Consol Plaintiff
1632 Hylan Blvd Auto LLC
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Represented By
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Consol Plaintiff
Bay Ridge Volvo American Inc.
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Represented By
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Consol Plaintiff
Luxury Autos of Huntington, Inc.
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Represented By
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Consol Plaintiff
Luxury Autos of Smithtown, Inc.
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Represented By
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Consol Plaintiff
Oceana Street Associates, Inc.
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Represented By
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Consol Plaintiff
Platinum Volkswagen, LLC
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Represented By
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Consol Plaintiff
Sunrise Imports, LLC
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Represented By
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Consol Plaintiff
Sunrise Volkswagen, Inc.
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Represented By
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Defendant
Volkswagen of America, Inc.
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Represented By
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Plaintiff
WHA Nineteen LLC
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Represented By
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| Docket last updated: 84 minutes ago |
| Monday, May 05, 2025 | ||
| 28 | 28
respm
Reply to Response to Motion
Mon 05/05 4:54 PM
REPLY to Response to Motion re26 Motion to Remand to Agency,,,, filed by 1632 Hylan Blvd Auto LLC, Bay Ridge Volvo American Inc., Luxury Autos of Huntington, Inc., Luxury Autos of Smithtown, Inc., Oceana Street Associates, Inc., Platinum Volkswagen, LLC, Sunrise Imports, LLC, Sunrise Volkswagen, Inc., WHA Nineteen LLC, WHA Twenty-One LLC.(Hawkes, Jeremiah) |
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Att: 1
Declaration of Jeremiah Hawkes, Esq.,
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Att: 2
Exhibit(s) A. to Declaration - Decision of Appeal
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| Wednesday, April 23, 2025 | ||
| 27 | 27
respm
Response in Opposition to Motion
Wed 04/23 8:59 PM
RESPONSE in Opposition re26 Motion to Remand to Agency,,,, filed by Volkswagen Group of America, Inc., Volkswagen of America, Inc..(Gants, Connor) |
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Att: 1
Declaration of Connor T. Gants,
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Att: 2
Exhibit(s) Exhibit 1 to Declaration - Webster's New Int'l Dictionary 2nd Ed. - Court Definition,
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Att: 3
Exhibit(s) Exhibit 2 to Declaration - Black's Law Dictionary 4th Ed. - Court Definition Selected Pages,
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Att: 4
Exhibit(s) Exhibit 3 to Declaration - Folino NOR,
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Att: 5
Exhibit(s) Exhibit 4 to Declaration - W.D.N.Y. 11-cv-00569 Docket,
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Att: 6
Exhibit(s) Exhibit 5 to Declaration - Subaru of NE v Bald Hill,
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Att: 7
Exhibit(s) Exhibit 6 to Declaration - Doucas
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| Wednesday, April 02, 2025 | ||
| 26 | 26
motion
Remand to Agency
Wed 04/02 3:49 PM
MOTION to Remand to Department of Motor Vehicles Safety and Business Bureau filed by 1632 Hylan Blvd Auto LLC, Bay Ridge Volvo American Inc., Luxury Autos of Huntington, Inc., Luxury Autos of Smithtown, Inc., Oceana Street Associates, Inc., Platinum Volkswagen, LLC, Sunrise Imports, LLC, Sunrise Volkswagen, Inc., WHA Nineteen LLC. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 4/23/2025. Reply to Response to Motion due by 4/30/2025 (Hawkes, Jeremiah) |
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Att: 1
24 pgs
Memorandum of Law in Support of Petitioners' Consolidated Motion to Remand and for Fees,
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Att: 2
Declaration of Jeremiah Hawkes, Esq.,
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Att: 3
Exhibit(s) A. Larchmont Aug 2, 2019 Order and Transcript,
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Att: 4
Exhibit(s) B. Notice of Removal West Herr VW,
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Att: 5
Exhibit(s) C. Notice of Removal Smithtown Audi,
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Att: 6
Exhibit(s) D. Notice of Removal Platinum VW,
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Att: 7
Exhibit(s) E. Notice of Removal Huntington Audi,
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Att: 8
Exhibit(s) F. Notice of Removal Bayside VW,
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Att: 9
Exhibit(s) G. Notice of Removal Bay Ridge VW,
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Att: 10
Exhibit(s) H. Notice of Removal Sunrise VW,
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Att: 11
Exhibit(s) I. Notice of Removal VW West Islip,
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Att: 12
Exhibit(s) J. Notice of Removal Island VW
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| Thursday, March 27, 2025 | ||
| 25 | 25
notice
Notice of Appearance
Thu 03/27 3:51 PM
NOTICE OF APPEARANCE by Connor Tyler Gants on behalf of Volkswagen Group of America, Inc. (Gants, Connor) |
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| 24 | 24
notice
Notice of Appearance
Thu 03/27 3:47 PM
NOTICE OF APPEARANCE by Matthew A. Bills on behalf of Volkswagen Group of America, Inc. (Bills, Matthew) |
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| Wednesday, March 26, 2025 | ||
| 23 | 23
order
Order on Motion for Limited Admission Pro Hac Vice
Wed 03/26 4:52 PM
TEXT ORDER granting20 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST BE FILED IN THIS ACTION or you will not receive electronic notifications in the case. . SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/26/2025. (spl) |
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| 22 | 22
order
Order on Motion for Limited Admission Pro Hac Vice
Wed 03/26 4:50 PM
TEXT ORDER granting21 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions. Counsel is reminded that, once the above is accomplished, a NOTICE OF APPEARANCE MUST BE FILED IN THIS ACTION or you will not receive electronic notifications in the case. . SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/26/2025. (spl) |
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| Friday, March 21, 2025 | ||
| 21 | 21
motion
Limited Admission Pro Hac Vice
Fri 03/21 1:59 PM
MOTION for Limited Admission Pro Hac Vice of Connor Tyler Gants for Volkswagen Group of America, Inc. filed via MFT on 3/21/2025. Filing fee $100, receipt number 27ML1EN3. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] Motions referred to Daniel J. Stewart. (ham) |
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| 20 | 20
motion
Limited Admission Pro Hac Vice
Fri 03/21 11:54 AM
MOTION for Limited Admission Pro Hac Vice of Matthew Alan Bills for Volkswagen Group of America, Inc. Filing fee $100, receipt number 27MKLAEM. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] Motions referred to Daniel J. Stewart. (ham) |
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| 19 | 19
order
1 - Terminate Hearings Order
Fri 03/21 10:32 AM
TEXT ORDER: The Rule 16 conference set for 3/24/2025 and the deadline for submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/21/2025. (spl) |
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| Friday, March 14, 2025 | ||
| 18 | 18
order
Order Staying Case
Fri 03/14 9:47 AM
TEXT ORDER: The Court has reviewed the joint status report14 filed in WHA Nineteen LLC v. Volkswagen of America, Inc., 1:25-cv-175 requesting consolidated briefing for a motion to remand with eight additional cases that were removed on March 3, 2025: case numbers 1:25-cv-271, 1:25-cv-272, 1:25-cv-273, 1:25-cv-274, 1:25-cv-276, 1:25-cv-278, 1:25-cv-281 and 1:25-cv-285 ("the March 3, 2025 removed actions"). The Court finds that consolidation for the purposes of a motion to remand is appropriate because all of these actions involve common issues of law. See Fed. R. Civ. P. 42(a). Specifically, in each case the Court will be considering whether a petition for administrative hearing filed with the New York State Department of Motor Vehicles Safety and Business Hearing Bureau may be removed to this Court under 28 U.S.C. § 1441(a), and whether any action based on such a notice of removal should be remanded for lack of subject matter jurisdiction. See 28 U.S.C. § 1447(c). All nine of these cases are therefore consolidated for the purposes of a motion to remand only. The case of WHA Nineteen LLC v. Volkswagen of America, Inc., 1:25-cv-175 shall be the lead case and all submissions regarding a motion to remand should be submitted in 1:25-cv-175 (the lead case). The Plaintiff Dealers in the actions removed on March 3, 2025 ("the Dealers") shall file a consolidated motion to remand in the lead case, 1:25-cv-175, by April 2, 2025. The Volkswagen Group shall file a consolidated opposition in the lead case by April 23, 2025; and the Dealers shall file a consolidated reply in the lead case by May 5, 2025. All of these actions are stayed, including due dates for responsive pleadings and discovery, pending the Court's ruling on the motions to remand. All dates for pretrial conference, initial disclosures, Case Management Plan, and Initial Conferences are stayed. SO ORDERED by Chief Judge Brenda K. Sannes on 3/14/2025. (nmk) |
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| Wednesday, March 12, 2025 | ||
| 17 | 17
misc
FRCP 7.1 Corporate Disclosure Statement
Wed 03/12 5:51 PM
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by WHA Nineteen LLC. (Hawkes, Jeremiah) |
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| 16 | 16
notice
Notice of Appearance
Wed 03/12 5:44 PM
NOTICE OF APPEARANCE by Richard N. Sox, Jr on behalf of WHA Nineteen LLC (Sox, Richard) |
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| 15 | 15
notice
Notice of Appearance
Wed 03/12 5:42 PM
NOTICE OF APPEARANCE by Jason T. Allen on behalf of WHA Nineteen LLC (Allen, Jason) |
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| Tuesday, March 11, 2025 | ||
| 14 | 14
misc
Status Report
Tue 03/11 11:37 AM
STATUS REPORT Joint Status Report and Request for Coordinated Briefing Schedule and Stay by Volkswagen of America, Inc.. (Smith, Owen) Modified on 3/11/2025 (jel, ) |
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misc
Clerk Correction of Docket Entry
Tue 03/11 11:44 AM
CLERK'S CORRECTION OF DOCKET ENTRY re14 Status Report - Counsel filed the incorrect document for another case that belongs to a different court for the14 Status Report and filed the correct status report in a separate entry. Clerk deleted the incorrect filing for a different case in another court and renumbered the14 status report to follow in sequential number. (jel, ) |
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| Tuesday, February 25, 2025 | ||
| 13 | 13
notice
Notice - Other
Tue 02/25 5:05 PM
NOTICE by WHA Nineteen LLC re11 MOTION to Remand to Department of Motor Vehicles Safety and Business Bureau filed by WHA Nineteen LLC. Motion returnable before Judge Daniel J. Stewart Exhibit A - Alfredo's Foreign Cars Case Order & Transcript (Hawkes, Jeremiah) |
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| Monday, February 24, 2025 | ||
| 12 | 12
order
Order on Motion for Limited Admission Pro Hac Vice
Mon 02/24 9:55 PM
TEXT ORDER granting8 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions. SO ORDERED by Magistrate Judge Daniel J. Stewart on 2/24/2025. (spl) |
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| 11 | 11
motion
Remand to Agency
Mon 02/24 4:40 PM
MOTION to Remand to Department of Motor Vehicles Safety and Business Bureau filed by WHA Nineteen LLC. Motion returnable before Judge Daniel J. Stewart Response to Motion due by 3/17/2025. Reply to Response to Motion due by 3/24/2025 (Hawkes, Jeremiah) |
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Att: 1
Memorandum of Law Plaintiff's Motion to Remand and Supporting Memorandum of Law
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| Friday, February 21, 2025 | ||
| 10 | 10
misc
Letter
Fri 02/21 4:37 PM
Letter from Jeremiah M. Hawkes advising he has applied for full admission so as to appear as counsel in this case. (ham) |
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| 9 | 9
misc
Letter
Fri 02/21 1:53 PM
Letter from E.J. Snyder II advising that he, and Bruce W. Hoover, will be applying for Limited Admission Pro Hac Vice for this case. Filed via MFT on 2/21/2025. (ham) |
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| Thursday, February 20, 2025 | ||
| 8 | 8
motion
Limited Admission Pro Hac Vice
Thu 02/20 1:08 PM
MOTION for Limited Admission Pro Hac Vice of Jason T. Allen. Filing fee $100, receipt number 27LQ112R filed by WHA Nineteen LLC [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] Motions referred to Daniel J. Stewart. (ham) |
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| Friday, February 14, 2025 | ||
| 7 | 7
answer
Answer to Complaint
Fri 02/14 4:45 PM
ANSWER to Complaint and Affirmative Defenses by Volkswagen of America, Inc..(Smith, Owen) |
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| Friday, February 07, 2025 | ||
| 6 | 6
service
Certificate of Service
Fri 02/07 5:50 PM
CERTIFICATE OF SERVICE by Volkswagen of America, Inc. re3 G.O. 25 Filing Order,1 Notice of Removal (Smith, Owen) |
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| 5 | 5
misc
FRCP 7.1 Corporate Disclosure Statement
Fri 02/07 4:57 PM
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Volkswagen of America, Inc. identifying Corporate Parent Volkswagen International America Inc., Other Affiliate Volkswagen AG for Volkswagen of America, Inc... (Smith, Owen) |
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| 4 | 4
notice
Notice of Admission Requirement
Fri 02/07 4:47 PM
NOTICE OF ADMISSION REQUIREMENT as to Party WHA Nineteen LLC; Attorney E.J Snyder (esnyder@westherr.com), Bruce Hoover (bhoover@westherr.com), Richard Sox (rsox@bsm-law.com), Jason Allen (jallen@bsm-law.com) and Jeremiah Hawkes(jhawkes@bsm-law.com). Admissions due by 2/21/2025. (bas) (bas, ) |
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Att: 1
(2/7/2025) Notice of Admission Requirement
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| 3 | 3
misc
G.O. 25 Filing Order
Fri 02/07 4:39 PM
G.O. 25 FILING ORDER ISSUED: Initial In Person Conference set for 3/24/2025 at 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/17/2025. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (bas) |
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| 2 | 2
misc
State Court Complaint
Fri 02/07 4:36 PM
Petition for Administrative Hearing from NYS Department of Motor Vehicles Safety and Business Hearing Bureau dated 1/3/25 filed by Plaintiff. (bas) |
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| 1 | 1
notice
Notice of Removal
Fri 02/07 4:32 PM
NOTICE OF REMOVAL from NYS Department of Motor Vehicles Safety and Business Hearing Bureau (Filing fee $405 receipt number ANYNDC-7022768) filed by Volkswagen of America, Inc.(bas) |
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Att: 1
Civil Cover Sheet
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