Case details

Court: nynd
Docket #: 5:09-cv-00640
Case Name: Wood v. Bill Cooke Imports, Inc. et al
PACER case #: 76523
Date filed: 2009-06-03
Date terminated: 2011-09-26
Assigned to: Judge Glenn T. Suddaby
Referred to: Magistrate Judge George H. Lowe
Case Cause: 28:1332 Diversity-Fraud
Nature of Suit: 370 Fraud or Truth-In-Lending
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Julia Wood
Plaintiff
Christopher V. Langone
Office of Christopher V. Langone 207 Texas Lane Ithaca, NY 14850 607-216-2836 Email: langonelaw@gmail.com
ATTORNEY TO BE NOTICED

Maguire Automotive LLC
Defendant
as successor to Bill Cook Imports, Inc. also known asBill Cooke Imports, Inc.
John D. Cook
Hiscock, Barclay Law Firm - Syracuse Office One Park Place 300 South State Street Syracuse, NY 13202-2078 315-425-2885 Fax: 315-703-7353 Email: jcook@hblaw.com
TERMINATED: 09/01/2010 LEAD ATTORNEY

John Alden Stevens
Williamson, Clune Law Firm P.O. Box 126 317 North Tioga Street Ithaca, NY 14851-0126 607-273-3339 Fax: 607-273-4164 Email: jaldens@yahoo.com
ATTORNEY TO BE NOTICED

Volvo Cars of North America, LLC
Defendant
David S. Howe
Porter, Nordby Law Firm 316 South Clinton Street Suite 400 Syracuse, NY 13202-1220 315-477-9900 Fax: 315-477-9923 Email: dhowe@pnhlawyers.com
ATTORNEY TO BE NOTICED

Eric C. Nordby
Porter, Nordby Law Firm 316 South Clinton Street Suite 400 Syracuse, NY 13202-1220 315-477-9912 Fax: 315-477-9923 Email: enordby@pnhlawyers.com
ATTORNEY TO BE NOTICED

Maguire Automotive LLC
Cross Defendant
as successor to Bill Cook Imports, Inc. also known asBill Cooke Imports, Inc.
John Alden Stevens
(See above for address)
ATTORNEY TO BE NOTICED

Volvo Cars of North America, LLC
Cross Claimant
David S. Howe
(See above for address)
ATTORNEY TO BE NOTICED

Eric C. Nordby
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2009-06-03 1 0 COMPLAINT filed by Julia Wood against Bill Cooke Imports, Inc. and Volvo Cars of North America, LLC. (Filing fee $350 - receipt number SYR020177) (Attachments: # 1 Letter from Attorney Christopher Langone, # 2 Civil Cover Sheet) (mae) (Entered: 06/03/2009)
2009-06-03 2 0 Summons Issued as to Bill Cooke Imports, Inc. {Copy served upon pro se plaintiff by regular mail} (mae) (Entered: 06/03/2009)
2009-06-03 3 0 Summons Issued as to Volvo Cars of North America, LLC. {Copy served upon plaintiff by regular mail} (mae) (Entered: 06/03/2009)
2009-06-03 4 0 G.O. 25 FILING ORDER ISSUED: Initial Conference scheduled for 12/11/2009 at 2:00 PM in Syracuse before Magistrate Judge Gustave J. DiBianco. Civil Case Management Plan due by 12/1/2009. {Copy served upon plaintiff by regular mail} (mae) (Entered: 06/03/2009)
2010-03-11 5 0 AFFIDAVIT of Service for Summons & Complaint served on Volvo Cars NA (Aixa Flores) on November 12, 2009, filed by Julia Wood. (Langone, Christopher) (Entered: 03/11/2010)
2010-03-11 6 0 SUMMONS Returned Executed by Julia Wood. Volvo Cars of North America, LLC served on 11/12/2009, answer due 12/3/2009. (Attachments: # 1 Front side)(Langone, Christopher) (Entered: 03/11/2010)
2010-03-26 7 0 REQUEST FOR ENTRY OF DEFAULT as to Volvo Cars of North America, LLC re Order, dated 3/17/2010 by Julia Wood. (Attachments: # 1 Declaration of Chris Langone, # 2 Exhibit(s) Exh A: Grismer Report)(Langone, Christopher) (Entered: 03/26/2010)
2010-03-26 8 0 MOTION to Amend/Correct 1 Complaint filed by Julia Wood. (Attachments: # 1 Exhibit(s) Ex A - Proposed Amended Complaint) Motions referred to George H. Lowe. (Langone, Christopher) (Entered: 03/26/2010)
2010-03-29 9 0 **VACATED** CLERK'S ENTRY OF DEFAULT: Approving the # 7 Request for Entry of Default as to Volvo Cars of North America, LLC. {Copy served upon Defendant by regular mail} (mae) Modified on 4/9/2010. Vacated by the # 15 Order. (mae) (Entered: 03/29/2010)
2010-04-02 10 0 Mail Returned as Undeliverable. The # 9 Clerk's Entry of Default sent to Volvo Cars of North America at 111 Eighth Avenue, New York, New York 10011 was returned as undeliverable. {Clerk resent document to "Volvo Cars of North America, LLC, c/o Registered Agent, C T Corporation System, 111 Eighth Avenue, New York, New York 10011} (mae) (Entered: 04/02/2010)
2010-04-09 11 0 NOTICE of Appearance by Eric C. Nordby on behalf of Volvo Cars of North America, LLC (Nordby, Eric) (Entered: 04/09/2010)
2010-04-09 12 0 CERTIFICATE OF SERVICE by Volvo Cars of North America, LLC of Notice of Appearance (Nordby, Eric) (Entered: 04/09/2010)
2010-04-09 13 0 STIPULATION and Order Vacating Default Judgment Against Volvo Cars of North America, LLC by Volvo Cars of North America, LLC submitted to Judge Glenn T. Suddaby. (Nordby, Eric) (Entered: 04/09/2010)
2010-04-09 14 0 CERTIFICATE OF SERVICE by Volvo Cars of North America, LLC of Stipulation and Order Vacating Default Judgment Against Volvo Cars of North America, LLC (Nordby, Eric) (Entered: 04/09/2010)
2010-04-09 15 0 STIPULATION AND ORDER VACATING the # 9 Clerk's Entry of Default against Volvo Cars of North America, LLC. The Answer deadline for Volvo Cars of North America, LLC is extended until 4/12/2010. Signed by Judge Glenn T. Suddaby on 4/9/2010. (mae) (Entered: 04/09/2010)
2010-04-12 16 0 NOTICE of Appearance by David S. Howe on behalf of Volvo Cars of North America, LLC (Howe, David) (Entered: 04/12/2010)
2010-04-12 17 0 CERTIFICATE OF SERVICE by Volvo Cars of North America, LLC of Notice of Appearance (Howe, David) (Entered: 04/12/2010)
2010-04-12 18 0 Volvo's ANSWER to 1 Complaint, First CROSSCLAIM against Bill Cooke Imports, Inc. by Volvo Cars of North America, LLC.(Nordby, Eric) (Entered: 04/12/2010)
2010-04-12 19 0 CERTIFICATE OF SERVICE by Volvo Cars of North America, LLC re 18 Answer to Complaint, Crossclaim (Nordby, Eric) (Entered: 04/12/2010)
2010-06-01 20 0 CIVIL CASE MANAGEMENT PLAN by Volvo Cars of North America, LLC. (Howe, David) (Entered: 06/01/2010)
2010-03-26 21 0 AMENDED COMPLAINT filed by Julia Wood against Maguire Automotive LLC, Volvo Cars of North America, LLC. {This document was never separately filed by the Plaintiff and is filed now by the Clerk at the request of Chambers. File date of 3/26/2010 has been preserved.} (mae) (Entered: 06/11/2010)
2010-06-14 22 0 UNIFORM PRETRIAL SCHEDULING ORDER: Discovery due by 11/1/2010; Rule 26 Disclosures to be exchanged by 6/21/2010; Rule 33 and 34 Requests to be served by 6/28/2010; Status Conference set for 8/5/2010 at 09:30 AM before Magistrate Judge George H. Lowe. Signed by Magistrate Judge George H. Lowe on 6/14/10. (rjb, ) (Entered: 06/14/2010)
2010-07-13 23 0 NOTICE by Julia Wood re: summons (Langone, Christopher) (Entered: 07/13/2010)
2010-07-14 24 0 Summons Issued as to Maguire Automotive LLC. (mae) (Entered: 07/14/2010)
2010-08-11 25 0 STIPULATION Extending Time to Answer, Move or Otherwise Plead by Maguire Automotive LLC submitted to Judge Lowe. (Cook, John) (Entered: 08/11/2010)
2010-08-12 26 0 NOTICE of Appearance by John D. Cook on behalf of Maguire Automotive LLC (Cook, John) (Entered: 08/12/2010)
2010-08-23 27 0 NOTICE of Appearance by John Alden Stevens on behalf of Maguire Automotive LLC (Stevens, John) (Entered: 08/23/2010)
2010-08-23 28 0 First MOTION to Dismiss for Lack of Subject Matter Jurisdiction Motion Hearing set for 10/7/2010 10:00 AM in Syracuse before Judge Glenn T. Suddaby Response to Motion due by 9/20/2010 Reply to Response to Motion due by 9/27/2010. filed by Maguire Automotive LLC. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Memorandum of Law, # 4 Affidavit) (Stevens, John) (Entered: 08/23/2010)
2010-09-01 29 0 STIPULATION of Substitution of Attorneys by Maguire Automotive LLC. (Stevens, John) (Entered: 09/01/2010)
2010-09-21 30 0 Cross MOTION to Dismiss Amended Complaint Motion Hearing set for 10/7/2010 10:00 AM in Syracuse before Judge Glenn T. Suddaby Response to Motion due by 9/20/2010 Reply to Response to Motion due by 9/27/2010. filed by Volvo Cars of North America, LLC. (Attachments: # 1 Declaration, # 2 Memorandum of Law) (Nordby, Eric) (Entered: 09/21/2010)
2010-09-21 31 0 CERTIFICATE OF SERVICE by Volvo Cars of North America, LLC re 30 Cross MOTION to Dismiss Amended Complaint (Nordby, Eric) (Entered: 09/21/2010)
2010-09-23 32 0 First MOTION for Extension of Time to File Response/Reply until 9/27 to file combined response to both defendants' motions to dismiss filed by Julia Wood. Motions referred to George H. Lowe. (Langone, Christopher) (Entered: 09/23/2010)
2010-09-27 33 0 RESPONSE in Opposition re 30 Cross MOTION to Dismiss Amended Complaint, 28 First MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Julia Wood. (Attachments: # 1 Declaration of Christopher V. Langone, # 2 Exhibit(s) Plaintiffs Rule 26(a) Disclosures)(Langone, Christopher) (Entered: 09/27/2010)
2010-09-27 34 0 CERTIFICATE OF SERVICE by Julia Wood re 33 Response in Opposition to Motion, to dismiss (Langone, Christopher) (Entered: 09/27/2010)
2010-10-04 35 0 AFFIDAVIT in Support re 28 First MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Maguire Automotive LLC. (Stevens, John) (Entered: 10/04/2010)
2010-10-04 36 0 CERTIFICATE OF SERVICE by Maguire Automotive LLC re 35 Affidavit in Support of Motion (Stevens, John) (Entered: 10/04/2010)
2010-10-05 37 0 RESPONSE in Support re 30 Cross MOTION to Dismiss Amended Complaint based on lack of subject matter jurisdiction filed by Volvo Cars of North America, LLC. (Nordby, Eric) (Entered: 10/05/2010)
2010-10-27 38 0 Letter Motion from David S. Howe, Esq. for Volvo Cars of North America, LLC requesting Court's indulgence on meeting deadlines while motion is pending submitted to Judge Glenn T. Suddaby. (Howe, David) (Entered: 10/27/2010)
2011-09-26 39 0 MEMORANDUM-DECISION and ORDER: GRANTING the # 28 and # 30 Motions to Dismiss for Lack of Subject Matter Jurisdiction; and DISMISSING plaintiff's # 21 Amended Complaint without prejudice to refiling in state court within the applicable limitations period and tolling statute. Signed by Judge Glenn T. Suddaby on 9/26/2011. (mae) (Entered: 09/26/2011) 2011-09-26 16:27:49 cc1a305c4cbdc338ce7755e4d0ca7a5791602b70
2011-09-26 40 0 JUDGMENT: Plaintiff's # 21 amended complaint is DISMISSED without prejudice to refiling in state court within the applicable limitations period and tolling statute. (mae) (Entered: 09/26/2011) 2011-10-15 06:24:57 c423589af1ff3b9ff0d0628e634f5a54404dd583