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Contract: Other | New York Western
Text Order ~Util - Set Hearings
TEXT ORDER re 18 MOTION to Dismiss Second Amended Complaint and Compel Arbitration, or in the alternative, Dismiss for Failure to State a Claim by KCS International, Inc., Volvo Penta of the Americas, LLC. Oral Argument set for 10/28/2026 at 10:00 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Elizabeth A. Wolford. The attorneys who will argue the motion(s) should plan on personally appearing at the scheduled argument date.
Due to the Court's congested calendar, the parties are strongly discouraged from seeking an adjournment of this date, but in the event such an adjournment is requested, any such request must be submitted within 14 days of the date of this text order, and set forth mutually-convenient dates and times of availability within 30 days of the scheduled oral argument.
The parties are highly encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case by magistrate judge. In particular, the parties may consent to have the pending motion(s) resolved by magistrate judge. Particularly with the volume of cases currently assigned to the undersigned, efficiency considerations strongly favor consent to magistrate judge jurisdiction for resolution. Consent forms may be found on the Court's website at https://www.nywd.uscourts.gov/forms-3. No adverse substantive consequences will result should the parties choose not to consent. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/6/2026. (DPS)
Motor Vehicle Prod. Liability | Florida Middle
Order on Motion to Stay
ENDORSED ORDER granting 32 Plaintiff's Motion to Defer Taxation of Costs Until the Appeal is Resolved, and denying without prejudice 31 Defendant's Proposed Bill of Costs. Defendant may refile its bill of costs after the appeal (Doc. 28) is decided, if appropriate. The Clerk of Court is DIRECTED to not tax costs pending resolution of the appeal. Signed by Judge John L. Badalamenti on 10/2/2026. (YSR)
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