Nichols v. Dick Lavy Trucking Inc. et al
| Sallyann P. Nichols |
| Dick Lavy Trucking Inc. and Duane Harkless |
| 3:2024cv30120 |
| October 2, 2024 |
| US District Court for the District of Massachusetts |
| Katherine A Robertson |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 21, 2024. A more recent docket listing may be available from PACER.
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| Filing 28 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting #27 the parties' joint motion to attend the initial scheduling remotely. (Zamorski, Michael) |
| Filing 27 Joint MOTION to Amend Order and Appear Remotely by Dick Lavy Trucking Inc., Duane Harkless.(Fay, Andrew) |
| Filing 26 NOTICE of Withdrawal of Appearance by Cathleen A. Liacos (Liacos, Cathleen) |
| Filing 25 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting Plaintiff's Assented to #24 MOTION to Reschedule Scheduling Conference and Amend Scheduling Order Accordingly. The Scheduling Conference is reset to 12/16/2024 at 3:30 PM in Franklin Courtroom (In-person unless counsel move for leave to appear remotely) before Magistrate Judge Katherine A. Robertson. Joint Statement due by 12/9/2024. See Notice of Scheduling Conference at Dkt. No. #16 for complete details. (Rivera, Melissa) |
| Filing 24 Assented to MOTION to Continue Scheduling Conference to December 16, 2024 or later by Sallyann P. Nichols.(Liacos, Cathleen) |
| Filing 23 NOTICE of Appearance by Lisa G. Arrowood on behalf of Sallyann P. Nichols (Arrowood, Lisa) |
| Filing 22 NOTICE of Appearance by Cathleen A. Liacos on behalf of Sallyann P. Nichols (Liacos, Cathleen) |
| Filing 21 NOTICE of Appearance by Cathleen A. Liacos on behalf of Sallyann P. Nichols (Liacos, Cathleen) |
| Filing 20 First NOTICE of Withdrawal of Appearance by Andrew J. Fay obo Jeffrey Payne (Fay, Andrew) |
| Filing 19 NOTICE of Appearance by Andrew J. Fay on behalf of Dick Lavy Trucking Inc., Duane Harkless (Fay, Andrew) |
| Filing 18 NOTICE of Appearance by Andrew J. Fay on behalf of Dick Lavy Trucking Inc. (Fay, Andrew) |
| Filing 17 ELECTRONIC NOTICE TO COUNSEL: Notification forms indicating whether or not a party has consented to proceed before a U.S. Magistrate Judge have not been received in the Clerk's Office. The submission of the form is mandatory. Completed forms shall be filed on or before the close of business on October 22, 2024. Additional forms can be obtained on the Court's web page at #www.mad.uscourts.gov. (Rivera, Melissa) |
| Filing 16 NOTICE of Scheduling Conference ISSUED: A Scheduling Conference is set for 11/21/2024 at 11:00 AM in Franklin Courtroom (In-person unless counsel move for leave to appear remotely) before Magistrate Judge Katherine A. Robertson. Joint Statement due by 11/14/2024. See attached Notice for complete details. (Rivera, Melissa) |
| Filing 15 NOTICE of Case Assignment. Magistrate Judge Katherine A. Robertson assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Danieli, Chris) |
| Filing 14 Case transferred in from District of New York Southern; Case Number 1:24-cv-01126. |
Filing 13
STIPULATION AND ORDER TO TRANSFER VENUE IT IS HEREBY STIPULATED AND AGREED, that the above-captioned action be, and hereby is, transferred to the United States District Court for the District of Massachusetts, pursuant to 28 U.S.C. 1404(a). SO ORDERED. (Signed by Judge Jennifer H. Rearden on 9/30/2024) (jca) Modified on 9/30/2024 (jca).
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| Filing 12 LETTER addressed to Judge Jennifer H. Rearden from Paul J. Edelstein, Esq dated September 30 2024 re: Declaration of Sallyann P. Nichols. Document filed by Sallyann P. Nichols..(Edelstein, Paul) |
| Filing 11 LETTER addressed to Judge Jennifer H. Rearden from Paul J. Edelstein, Esq dated September 30 2024 re: Stipulation and Order to Transfer Venue. Document filed by Sallyann P. Nichols..(Edelstein, Paul) |
| Filing 10 PROPOSED STIPULATION AND ORDER. Document filed by Sallyann P. Nichols..(Edelstein, Paul) |
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Filing 9
ORDER In view of the foregoing, IT IS HEREBY ORDERED that, by Monday, September 30, 2024, Plaintiff shall show cause why this action should not be dismissed for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that, by September 30, 2024, (1) Defendant must show cause why this case should not be transferred to the District of Massachusetts if the Court determines that subject matter jurisdiction lies; or, alternatively, (2) the parties may inform the Court if (assuming subject matter jurisdiction exists) they consent to the transfer of this case to the District of Massachusetts. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer H. Rearden on 9/20/2024) (jca)
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| Filing 8 PROPOSED CASE MANAGEMENT PLAN. Document filed by Dick Lavy Trucking Inc., Duane Harkless..(Payne, Jeffrey) |
| Filing 7 ANSWER to #1 Complaint. Document filed by Dick Lavy Trucking Inc., Duane Harkless. (Attachments: #1 Affidavit Declaration of Service - Verified Answer).(Payne, Jeffrey) |
| Filing 6 AFFIDAVIT OF SERVICE. Duane Harkless served on 2/23/2024, answer due 3/15/2024. Service was accepted by DAMIERA HARKLESS. Document filed by Sallyann P. Nichols..(Edelstein, Paul) |
| Filing 5 AFFIDAVIT OF SERVICE. Dick Lavy Trucking Inc. served on 3/2/2024, answer due 3/25/2024. Service was accepted by DOUG LAVY VICE PRESIDENT. Document filed by Sallyann P. Nichols..(Edelstein, Paul) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Dick Lavy Trucking Inc., Duane Harkless..(jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to DICK LAVY TRUCKING, INC., DUANE HARKLESS, re: #1 Complaint. Document filed by Sallyann P. Nichols..(Edelstein, Paul) |
| Case Designated ECF. (vf) |
| Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Paul Jon Edelstein. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 360 (P.I.: Other); Citizenship Defendant code 2 (Citizen of Another State); County code New York. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 350 (Motor Vehicle); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to Westchester. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul Jon Edelstein. The party information for the following party/parties has been modified: DICK LAVY TRUCKING INC., DUANE HARKLESS, SALLY P. NICHOLS. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party name entered incorrectly. (vf) |
| Filing 2 CIVIL COVER SHEET filed..(Edelstein, Paul) |
| Filing 1 COMPLAINT against DICK LAVY TRUCKING INC., DUANE HARKLESS. (Filing Fee $ 405.00, Receipt Number ANYSDC-28953723)Document filed by SALLY P. NICHOLS..(Edelstein, Paul) |
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