PAJARILLGAS v. RN STAFF, INC.
Plaintiff: CESAR PAJARILLAGA
Defendant: RN STAFF INC
Case Number: 1:2022cv00381
Filed: February 24, 2022
Court: US District Court for the Southern District of Indiana
Presiding Judge: Tim A Baker
Referring Judge: Sarah Evans Barker
Nature of Suit: Other Statutory Actions
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 19, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2022 Opinion or Order Filing 36 SCHEDULING ORDER - Final Pretrial Conference set for 9/5/2023 02:00 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Jury Trial set for 9/18/2023 09:30 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. (CKM)
April 14, 2022 Opinion or Order Filing 35 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Parties appeared by counsel on 4/13/2022, for a Telephonic Status Conference. Dispositive Motions due by 1/25/2023. Discovery due by 10/28/2022. Status Conference set for 6/27/2022 09:30 AM before Magistrate Judge Doris L. Pryor. Plaintiff shall have until April 27, 2022, to file an amended complaint. Defendant's objection is overruled, given Plaintiff originally filed this action pro se, there is no scheduling order yet in place, and the proposed amendment would not prejudice Defendant. Signed by Magistrate Judge Tim A. Baker on 4/14/2022.(SWM)
April 11, 2022 Opinion or Order Filing 34 ORDER granting Defendant/Counterclaimant, RN Staff Inc's #32 Motion for Extension of Time to respond to Plaintiff's discovery requests to 5/6/2022. Signed by Magistrate Judge Tim A. Baker on 4/11/2022. (SWM)
April 8, 2022 Filing 32 MOTION for Extension of Time to 5/06/2022 to Respond to Plaintiff's Discovery Requests, filed by Counter Claimant RN STAFF INC, Defendant RN STAFF INC. (Attachments: #1 Text of Proposed Order)(McCarney, Patrick)
April 1, 2022 Filing 31 Joint Proposed CASE MANAGEMENT PLAN TENDERED, filed by Counter Claimant RN STAFF INC, Defendant RN STAFF INC . (McCarney, Patrick)
March 31, 2022 Opinion or Order Filing 30 ORDER VACATING AND RESETTING TELEPHONIC STATUS CONFERENCE - The Court, on its own motion, vacates the telephonic status conference set for 10 a.m. on April 5, 2022, and resets this conference for 10 a.m. (Eastern Time) on April 13, 2022. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. All requirements in the order originally setting this conference shall remain in effect. [Filing No. #24 ]. Signed by Magistrate Judge Tim A. Baker on 3/31/2022.(SWM)
March 21, 2022 Filing 29 Statement Plaintiff's Statement of Position by CESAR PAJARILLAGA. (Vinluan, Felix)
March 21, 2022 Filing 28 NOTICE of Pending Motions (Joint), filed by Defendant RN STAFF INC, re #24 Scheduling Order. (McCarney, Patrick)
March 21, 2022 Filing 27 Statement of Position by RN STAFF INC. (McCarney, Patrick)
March 10, 2022 Opinion or Order Filing 26 ORDER granting #25 Motion to Appear pro hac vice. Attorney Felix Vinluan for CESAR PAJARILLAGA added. Signed by Magistrate Judge Tim A. Baker on 3/10/2022. (SWM)
March 9, 2022 Filing 25 MOTION for Attorney(s) Felix Q. Vinluan to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7003699), filed by Plaintiff CESAR PAJARILLAGA, Counter Defendant CESAR PAJARILLAGA. (Attachments: #1 Text of Proposed Order)(Vinluan, Felix)
March 7, 2022 Opinion or Order Filing 24 ORDER SETTING TELEPHONIC STATUS CONFERENCE AND FURTHER PROCEEDINGS - Status Conference set for 4/5/2022 10:00 AM (Eastern Time) in Telephonic before Magistrate Judge Tim A. Baker. Parties shall appear by counsel. The information needed by counsel of record to participate in this telephonic conference will be provided by separate notification. The purpose of this conference is to address case status and settlement. The parties shall file a proposed Case Management Plan in the format set forth in the model CMP's found on the Court's website (www.insd.uscourts.gov) no less than three business days prior to the conference. See Order for additional information. Signed by Magistrate Judge Tim A. Baker on 3/7/2022.(SWM)
March 5, 2022 Filing 23 NOTICE of Appearance by Bryce H. Bennett, Jr on behalf of Counter Claimant RN STAFF INC, Defendant RN STAFF INC. (Bennett, Bryce)
March 5, 2022 Filing 22 NOTICE of Appearance by Patrick Stephen McCarney on behalf of Counter Claimant RN STAFF INC, Defendant RN STAFF INC. (McCarney, Patrick)
February 24, 2022 Filing 21 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (CKM)
February 24, 2022 Filing 20 Case transferred in from District of New York Eastern; Case Number 2:21-cv-02221. Original file copy of transfer order and docket sheet received.
February 23, 2022 Case transferred to Southern District of Indiana. Original file, copy of transfer order, and docket sheet sent electronically. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Coleman, Laurie) [Transferred from New York Eastern on 2/24/2022.]
February 23, 2022 Opinion or Order ORDER: The Court grants Defendant's motion to transfer venue #10 to the Southern District of Indiana pursuant a mandatory forum selection clause under 28 U.S.C. 1404(a). Defendant has shown that: "(1) the clause was reasonably communicated to the party resisting enforcement; (2) the clause was mandatory and not merely permissive; and (3) the claims and parties involved in the suit are subject to the forum selection clause." Leviton Mfg. Co. v. Reeve, 942 F. Supp. 2d 244, 256 (E.D.N.Y. 2013), amended (Mar. 23, 2013). Plaintiff has not met his burden to rebut the presumption of enforceability "by making a sufficiently strong showing that enforcement would be unreasonable or unjust, or that the clause was invalid for such reasons as fraud or overreaching." Id. Accordingly, this case is transferred to the Southern District of Indiana. Ordered by Judge Joan M. Azrack on 2/23/2022. (Walsh, Catherine) [Transferred from New York Eastern on 2/24/2022.]
January 26, 2022 Filing 19 MEMORANDUM in Support re #10 MOTION to Change Venue filed by RN Staff, Inc.. (Attachments: #1 RN Staff's Memorandum in Support, #2 Plaintiff's Memorandum in Opposition, #3 Plaintiff's Affidavit in Opposition, #4 RN Staff's Reply Memorandum in Support) (McCarney, Patrick) [Transferred from New York Eastern on 2/24/2022.]
January 26, 2022 Filing 18 NOTICE of Appearance by Felix Q. Vinluan on behalf of Cesar Pajarillaga (aty to be noticed) (Vinluan, Felix) [Transferred from New York Eastern on 2/24/2022.]
January 5, 2022 Opinion or Order ORDER granting #17 Motion to Withdraw #15 MOTION for pre motion conference. Ordered by Judge Joan M. Azrack on 1/5/2022. (Walsh, Catherine) [Transferred from New York Eastern on 2/24/2022.]
January 5, 2022 Opinion or Order ORDER: The Court construes Defendant's pre-motion letter #10 as a motion to transfer venue. If the parties wish to submit any supplemental briefing concerning Defendant's motion to transfer venue, they must do so by January 26, 2022. The Clerk of the Court is directed to mail a copy of this order to the pro se plaintiff. Ordered by Judge Joan M. Azrack on 1/5/2022. (Walsh, Catherine) [Transferred from New York Eastern on 2/24/2022.]
October 26, 2021 Filing 17 Letter MOTION to Withdraw #15 MOTION for pre motion conference by RN Staff, Inc.. (McCarney, Patrick) [Transferred from New York Eastern on 2/24/2022.]
October 22, 2021 Filing 16 LETTER dated 10/22/2021 from Cesar Parjarillaga to Judge Azrack re In response to Court of 10/12/2021. (Coleman, Laurie) [Transferred from New York Eastern on 2/24/2022.]
October 22, 2021 Filing 15 Letter motion requesting Pre-Motion Conference by RN Staff, Inc. (McCarney, Patrick) Modified on 10/25/2021 to change from letter to motion (Coleman, Laurie). [Transferred from New York Eastern on 2/24/2022.]
October 12, 2021 Opinion or Order ORDER: Defendant filed a letter requesting a pre-motion conference concerning a proposed motion to transfer venue. My individual rules require parties to respond to pre-motion conference letters within seven days. If plaintiff still intends to prosecute this lawsuit, he must, by October 19, 2021, either (1) file his opposition to defendants pre-motion conference letter, or (2) indicate by letter to the Court that plaintiff does not wish to file an opposition but still intends to prosecute this lawsuit. Failure to respond to this Order may result in the dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b). The Clerk of the Court is directed to mail a copy of this order to the pro se plaintiff. Ordered by Judge Joan M. Azrack on 10/12/2021. (Walsh, Catherine) [Transferred from New York Eastern on 2/24/2022.]
August 30, 2021 Filing 14 ANSWER to #11 Answer to Complaint, Counterclaim by Cesar Pajarillaga. (Coleman, Laurie) [Transferred from New York Eastern on 2/24/2022.]
August 16, 2021 Filing 13 REPORT of Rule 26(f) Planning Meeting (McCarney, Patrick) [Transferred from New York Eastern on 2/24/2022.]
July 16, 2021 Opinion or Order Filing 12 SCHEDULING ORDER: Rule 26 Meeting Report due by August 16, 2021. Ordered by Magistrate Judge Arlene R. Lindsay on 7/16/2021. (Attachments: #1 Rule 26(f) form) c/ecf (Imrie, Robert) [Transferred from New York Eastern on 2/24/2022.]
June 18, 2021 Filing 11 ANSWER to #1 Complaint , COUNTERCLAIM against Cesar Pajarillaga by RN Staff, Inc.. (Attachments: #1 Exhibit) (McCarney, Patrick) [Transferred from New York Eastern on 2/24/2022.]
June 9, 2021 Filing 10 Letter MOTION to Change Venue by RN Staff, Inc.. (McCarney, Patrick) Modified on 1/6/2022 to change motion type from "pre-motion conference" to "Change Venue", see 1/5/2021 Order (Coleman, Laurie). [Transferred from New York Eastern on 2/24/2022.]
May 20, 2021 Filing 8 NOTICE of Appearance by Patrick S. McCarney on behalf of RN Staff, Inc. (notification declined or already on case) (McCarney, Patrick) [Transferred from New York Eastern on 2/24/2022.]
May 18, 2021 Opinion or Order ORDER granting #6 Motion for Extension of Time to Answer. The time for RN Staff, Inc. to answer, move against or otherwise respond to the Complaint is hereby extended to and including June 18, 2021. Ordered by Magistrate Judge Arlene R. Lindsay on 5/18/2021. (Jacobwitz, Beth) [Transferred from New York Eastern on 2/24/2022.]
May 18, 2021 Opinion or Order ORDER re #5 : The Motion of Patrick S. McCarney for Leave to Appear Pro Hac Vice is granted. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 5/18/2021. c/ecf (Imrie, Robert) [Transferred from New York Eastern on 2/24/2022.]
May 17, 2021 Filing 9 SUMMONS Returned Executed by Cesar Pajarillaga. RN Staff, Inc. served on 4/28/2021, answer due 5/19/2021. (Coleman, Laurie) [Transferred from New York Eastern on 2/24/2022.]
May 17, 2021 Filing 7 Corporate Disclosure Statement by RN Staff, Inc. (McCarney, Patrick) [Transferred from New York Eastern on 2/24/2022.]
May 17, 2021 Filing 6 Letter MOTION for Extension of Time to File Answer re #1 Complaint by RN Staff, Inc.. (McCarney, Patrick) [Transferred from New York Eastern on 2/24/2022.]
May 17, 2021 Filing 5 MOTION to Appear Pro Hac Vice Patrick S. McCarney Filing fee $ 150, receipt number ANYEDC-14476858. by RN Staff, Inc.. (Attachments: #1 Affidavit Affidavit of Patrick S. McCarney, #2 Proposed Order Proposed Order) (McCarney, Patrick) [Transferred from New York Eastern on 2/24/2022.]
April 26, 2021 Filing 4 Letter from Pro Se Office to Pro Se Plaintiff acknowledging receipt of civil action and notifying plaintiff of case number and Judge(s) assigned. All appropriate case opening documents enclosed with mailing. CM 4/26/21. (Grady, Jessica) [Transferred from New York Eastern on 2/24/2022.]
April 22, 2021 FILING FEE: $ 402.00, receipt number 4659156651 (Cox, Dwayne) [Transferred from New York Eastern on 2/24/2022.]
April 22, 2021 Filing 3 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: #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. (Cox, Dwayne) [Transferred from New York Eastern on 2/24/2022.]
April 22, 2021 Filing 2 Summons Issued as to RN Staff, Inc.. (Cox, Dwayne) [Transferred from New York Eastern on 2/24/2022.]
April 22, 2021 Filing 1 COMPLAINT against RN Staff, Inc. Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Cesar Pajarillaga. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) [Transferred from New York Eastern on 2/24/2022.]

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Plaintiff: CESAR PAJARILLAGA
Represented By: Felix Q. Vinluan
Represented By: Felix Vinluan
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Defendant: RN STAFF INC
Represented By: Patrick S. McCarney
Represented By: Bryce H. Bennett, Jr.
Represented By: Patrick Stephen McCarney
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