Alfredo's Foreign Cars, Inc. v. Stellantis US LLC

S.D. New York

Alfredo's Foreign Cars, Inc. v. Stellantis US LLC

DecidedOctober 20, 2023

Docket7:22-cv-10478

StatusUnknown

This text of Alfredo's Foreign Cars, Inc. v. Stellantis US LLC (Alfredo's Foreign Cars, Inc. v. Stellantis US LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alfredo's Foreign Cars, Inc. v. Stellantis US LLC, (S.D.N.Y. 2023).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ALFREDO’S FOREIGN CARS, INC., d/b/a LARCHMONT CHRYSLER JEEP DODGE, Plaintiff, No. 22-CV-10478 (KMK) v. ORDER STELLANTIS US LLC f/k/a FCA US LLC, Defendant.

KENNETH M. KARAS, United States District Judge: Defendant argues in its Motion To Dismiss that the judgment of the New York Department of Motor Vehicles, a state administrative agency, is entitled to res judicata effect. (See generally Mem. of Law in Supp. of Mot. To Dismiss (Dkt. No. 29).) The law on this issue appears to be the subject of a circuit split. See Celotto v. Ryan, No. 16-CV-1038, 2021 WL 2910290, at *2 (W.D.N.Y. July 12, 2021) (noting, in the civil rights context, that whether res judicata applies to “an unreviewed administrative proceeding” is “the subject of a circuit split, and the Second Circuit has not taken a side”); see also Leventhal v. Knapek, 266 F.3d 64, 73 n.3 (2d Cir. 2001) (citing Doe v. Pfrommer, 148 F.3d 73, 80 (2d Cir. 1998) (“Currently, this circuit has not taken a position regarding the split in the circuits as to whether to give preclusive effect

to the unreviewed legal determinations of state administrative decisions.”)). The Parties are therefore directed to submit supplemental briefing addressing the following two issues: (1) whether the Court must resolve the question implicated in the split to decide the pending Motion; and (2) if so, what result it should reach. The initial submissions of both Parties shall be no longer than 10 pages and are due no later than November 3, 2023. Each party may submit a five-page response no later than November 10, 2023. There will be no extensions.

SO ORDERED.

Dated: October 20, 2023 White Plains, New York KENNETH M. KARAS United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ALFREDO’S FOREIGN CARS, INC., d/b/a LARCHMONT CHRYSLER JEEP DODGE, Plaintiff, No. 22-CV-10478 (KMK) v. ORDER STELLANTIS US LLC f/k/a FCA US LLC, Defendant.

KENNETH M. KARAS, United States District Judge: Defendant argues in its Motion To Dismiss that the judgment of the New York Department of Motor Vehicles, a state administrative agency, is entitled to res judicata effect. (See generally Mem. of Law in Supp. of Mot. To Dismiss (Dkt. No. 29).) The law on this issue appears to be the subject of a circuit split. See Celotto v. Ryan, No. 16-CV-1038, 2021 WL 2910290, at *2 (W.D.N.Y. July 12, 2021) (noting, in the civil rights context, that whether res judicata applies to “an unreviewed administrative proceeding” is “the subject of a circuit split, and the Second Circuit has not taken a side”); see also Leventhal v. Knapek, 266 F.3d 64, 73 n.3 (2d Cir. 2001) (citing Doe v. Pfrommer, 148 F.3d 73, 80 (2d Cir. 1998) (“Currently, this circuit has not taken a position regarding the split in the circuits as to whether to give preclusive effect

to the unreviewed legal determinations of state administrative decisions.”)). The Parties are therefore directed to submit supplemental briefing addressing the following two issues: (1) whether the Court must resolve the question implicated in the split to decide the pending Motion; and (2) if so, what result it should reach. The initial submissions of both Parties shall be no longer than 10 pages and are due no later than November 3, 2023. Each party may submit a five-page response no later than November 10, 2023. There will be no extensions.

SO ORDERED.

Dated: October 20, 2023 White Plains, New York KENNETH M. KARAS United States District Judge

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