Williams v. Stennett et al
| Gary L. Williams |
| Daniel C. Stennett and Apache LLC doing business as Apache Trucking |
| 1:2022cv11250 |
| August 4, 2022 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Both |
Docket Report
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| Document Text |
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| Filing 14 Disclosure pursuant to Rule 26 by Apache LLC, Daniel C. Stennett.(Farrey, Thomas) |
| Filing 13 NOTICE of Change of Address or Firm Name by Thomas B. Farrey, III (Farrey, Thomas) |
| Filing 12 NOTICE of Change of Address or Firm Name by Margaret R. Suuberg (Suuberg, Margaret) |
| Filing 11 STATE COURT Record. (Farrey, Thomas) |
| Filing 10 Judge Richard G. Stearns: ELECTRONIC ORDER entered. The defendant, Apache LLC d/b/a Apache Trucking, having through its counsel confirmed that all of its members (Daya Singh and Sandhya Singh) are residents of Massachusetts, have demonstrated that complete diversity of citizenship exists in this case. The case shall proceed to pretrial discovery. (Zierk, Marsha) |
| Filing 9 RESPONSE TO COURT ORDER by Apache LLC re 7 Order,,,,,, . (Suuberg, Margaret) |
| Filing 8 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Defendants Daniel Stennett and Apache LLC having answered the Complaint, the court orders the following pretrial schedule:Pursuant to the court's 8/10/22 Order, by Friday, August 19, 2022, defendant Apache LLC must show cause that complete diversity exists between the parties so as to permit its removal of this case to federal court. If so, Initial Disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by 9/26/22; Motions for leave to Amend Pleadings & Joinder of Parties must be filed by 11/18/22.Without leave of court, the parties are permitted to serve 30 interrogatories, 30 requests for admissions and 30 document requests, to be served within the 30 days of initial disclosures. The court expects responses to be made in thirty days, unless a request for additional time is granted. A party may not notice more than 4 deponents without leave of court on a showing of good cause. If all parties would like to participate in the court's mediation program, they must notify our docket clerk Arnold Pacho (617-748-9812) by 2/24/23 (it may take several weeks to get a mediation date). All fact discovery must be completed no later than 3/24/23. The court notes that, in this session, treating physicians are not required to produce Rule 26 expert reports, rather plaintiff's relevant medical records are produced as part of fact discovery. This responsibility can also be accomplished by presenting plaintiff Gary Williams's completed releases for relevant records and providers by 9/26/22 as part of his automatic disclosures. Plaintiff is obligated to supplement these records of relevant ongoing treatment under the procedural rules.Plaintiff shall designate any additional expert(s) (other than treating physicians who have produced their relevant records) and serve Rule 26(a)(2) reports no later than 4/21/23; defendant's expert witness(es), if any, will be designated and Rule 26(a)(2) reports filed no later than 5/19/23. Expert discovery must be completed by 6/16/23.If dispositive motions are appropriate (rare in negligence cases), they are due by 7/7/23, with Oppositions to dispositive motions due 7/28/23; Reply, if any, by leave of court. (Zierk, Marsha) |
| Filing 7 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Defendant Apache LLC d/b/a Apache Trucking has removed this motor vehicle/negligence case to federal court on the basis of complete diversity of citizenship between the parties, and thus bears the burden to establish that this court has subject matter jurisdiction over the controversy. For diversity purposes, "the citizenship of a limited liability company is 'determined by the citizenship of all of its members.'" D.B. Zwirn Special Opportunities Fund, L.P. v. Mehrotra, 661 F.3d 124, 125 (1st Cir. 2011), quoting Pramco, LLC ex rel. CFSC Consortium, LLC v. San Juan Bay Marina, Inc., 435 F.3d 51, 54 (1st Cir. 2006). Plaintiff's Complaint states that "Defendant Apache, LLC d/b/a Apache Trucking is a Massachusetts Limited Liability Company, and is a trucking company located at 41 Gould Road, Andover, Massachusetts, and was the was the employer/principal of Defendant Daniel C. Stennett and he owner of the vehicle operated by Defendant Daniel C. Stennett which was involved in the aforementioned August 2, 2019, traffic collision." Compl. 5. As neither the Complaint nor the Answer identifies the members of Apache LLC, the court is unable to determine whether complete diversity exists between the parties. By Friday August 19, 2022, Apache must show cause that complete diversity exists between the parties so as to permit removal of this case to federal court. (Zierk, Marsha) |
| Filing 6 ANSWER to Complaint with Jury Demand by Apache LLC, Daniel C. Stennett.(Farrey, Thomas) |
| Filing 5 Certified Copy of Notice of Removal Provided to Defense Counsel by Email. (Pacho, Arnold) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Danieli, Chris) |
| Filing 3 NOTICE of Appearance by Margaret R. Suuberg on behalf of Apache LLC d/b/a Apache Trucking, Daniel C. Stennett (Suuberg, Margaret) |
| Filing 2 NOTICE of Appearance by Thomas B. Farrey, III on behalf of Apache LLC d/b/a Apache Trucking, Daniel C. Stennett (Farrey, Thomas) |
| Filing 1 NOTICE OF REMOVAL by Apache LLC d/b/a Apache Trucking, Daniel C. Stennett ( Filing fee: $ 402, receipt number AMADC-9441721 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit 1 and 2, #2 Civil Cover Sheet and Category Sheet, #3 Supplement)(Farrey, Thomas) |
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