Garcia v. Evans Delivery Company, Inc. et al
| DANIEL GARCIA |
| KUEHNE & NAGEL INC., EVANS DELIVERY COMPANY, INC., Century Express, DIRECT CHASSISLINK, INC, Davidson Industry Spa, Textainer Group Holdings Limited and American Lumber Corporation, Inc. |
| 2:2020cv16629 |
| November 19, 2020 |
| US District Court for the District of New Jersey |
| Leda D Wettre |
| Susan D Wigenton |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 30 Joint Discovery Plan by EVANS DELIVERY COMPANY, INC..(KAMARIS, KARLEY) |
| Filing 29 MOTION for Leave to Appear Pro Hac Vice by KUEHNE & NAGEL INC.. (Attachments: #1 Certification, #2 Text of Proposed Order)(GEISSER, TROY) |
| Filing 28 NOTICE of Appearance by TROY HILLEL GEISSER on behalf of KUEHNE & NAGEL INC. (GEISSER, TROY) |
Filing 27
LETTER ORDER - A Scheduling Conference is set for 1/20/2021 at 12:00 PM before Magistrate Judge Leda D. Wettre. At the allotted time, counsel are to dial (888) 684-8852, access code 8948139. Signed by Magistrate Judge Leda D. Wettre on 11/30/2020. (kd)
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| Filing 26 Corporate Disclosure Statement by EVANS DELIVERY COMPANY, INC.. (KAMARIS, KARLEY) |
| Filing 25 ANSWER to Amended Complaint , CROSSCLAIM against KUEHNE & NAGEL INC. by EVANS DELIVERY COMPANY, INC..(KAMARIS, KARLEY) |
| CLERK'S QUALITY CONTROL MESSAGE - The Notice of Appearance submitted by Thomas C. Regan on 11/24/20 contains an improper signature. Only the filing user (Karley Kamaris) is permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER ELECTRONIC SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (jc, ) |
| Filing 24 NOTICE of Appearance by KARLEY E. KAMARIS on behalf of Century Express, EVANS DELIVERY COMPANY, INC. (KAMARIS, KARLEY) |
| Filing 23 NOTICE of Appearance by KARLEY E. KAMARIS on behalf of Century Express, EVANS DELIVERY COMPANY, INC. (KAMARIS, KARLEY) |
| Filing 22 NOTICE of Appearance by DIEGO O BARROS on behalf of DANIEL GARCIA (BARROS, DIEGO) |
| Filing 21 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (jr) |
| Filing 20 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:20-cv-07801. Original file certified copy of transfer order and docket sheet received. |
| Case assigned to Judge Susan D. Wigenton and Magistrate Judge Leda D. Wettre. (jr) |
| CASE REFERRED to Arbitration. (jr) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey.(rro) |
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Filing 19
ORDER: Accordingly, this action is hereby ORDERED transferred to the United States District Court for the District of New Jersey, pursuant to 28 U.S.C. 1404(a). SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/12/2020) (rro) Transmission to Office of the Clerk of Court for processing.
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| Filing 18 LETTER addressed to Judge Katherine Polk Failla from John J. Meehan dated November 11, 2020 re: No Opposition to Defendant's Motion to Transfer / Request To Adjourn Conference Sine Die. Document filed by Daniel Garcia..(Meehan, John) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Century Express, Davidson Industry Spa, Evans Delivery Company, Inc., Kuehne & Nagel, Inc...(pc) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Evans Delivery Company, Inc., Century Express, A Division of Evans Delivery Company, Inc., Kuehne & Nagel, Inc., and Davidson Industry Spa, re: #14 Amended Complaint,. Document filed by Daniel Garcia..(Norinsberg, Jon) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jon L. Norinsberg to RE-FILE Document No. #15 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 15 FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Evans Delivery Company, Inc., Century Express, A Division of Evans Delivery Company, Inc., Kuehne & Nagel, Inc., and Davidson Industry Spa, re: #14 Amended Complaint,. Document filed by Daniel Garcia..(Norinsberg, Jon) Modified on 11/2/2020 (jgo). |
| Filing 14 AMENDED COMPLAINT amending #10 Amended Complaint, against Century Express, Davidson Industry Spa, Evans Delivery Company, Inc., Kuehne & Nagel, Inc. with JURY DEMAND.Document filed by Daniel Garcia. Related document: #10 Amended Complaint,..(Norinsberg, Jon) |
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to File Response/Reply Responses due by 12/10/2020 Replies due by 12/28/2020. The Court is in receipt of Plaintiff's above letter (Dkt. #12) and Second Amended Complaint (Dkt. #11). The Court hereby ORDERS Defendants to file, on or before November 12, 2020, either supplemental submissions respecting the pending motion to change venue or a letter informing the Court that they do not intend to supplement; Plaintiff's opposition to the motion is due on or before December 10, 2020; and Defendants' replies are due on or before December 28, 2020. The initial pretrial conference scheduled for November 13, 2020, is hereby ADJOURNED sine die. (Signed by Judge Katherine Polk Failla on 10/28/2020) (rro)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jon L. Norinsberg to RE-FILE Document No. #10 Second Amended Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jon L. Norinsberg to RE-FILE Document No. #11 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; Refile your request for summons once you have corrected and refiled your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 12 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #9 FIRST MOTION to Change Venue U.S. District of New Jersey. addressed to Judge Katherine Polk Failla from John J. Meehan, Esq. dated October 28, 2020. Document filed by Daniel Garcia..(Meehan, John) |
| Filing 11 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Evans Delivery Company, Inc., Century Express, A Division of Evans Delivery Company, Inc., Kuehne & Nagel, Inc., and Davidson Industry Spa, re: #10 Amended Complaint. Document filed by Daniel Garcia..(Norinsberg, Jon) Modified on 10/29/2020 (sj). |
| Filing 10 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND AMENDED COMPLAINT against Century Express, Evans Delivery Company, Inc., Kuehne & Nagel, Inc., Davidson Industry Spa with JURY DEMAND.Document filed by Daniel Garcia..(Norinsberg, Jon) Modified on 10/29/2020 (sj). |
| Filing 9 FIRST MOTION to Change Venue U.S. District of New Jersey. Document filed by Evans Delivery Company, Inc.. (Attachments: #1 Declaration of Christopher U. Warren, #2 Exhibit A Part 1, #3 Exhibit A Part 2, #4 Memorandum of Law, #5 Proposed Order, #6 Certificate of Service).(Warren, Christopher) |
| Filing 8 NOTICE OF APPEARANCE by John Joseph Meehan on behalf of Daniel Garcia..(Meehan, John) |
| Filing 7 NOTICE OF APPEARANCE by Jon L. Norinsberg on behalf of Daniel Garcia..(Norinsberg, Jon) |
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Filing 6
STIPULATION OF DISMISSAL WITHOUT PREJUDICE OF DEFENDANTS TEXTAINER GROUP HOLDINGS LIMITED AND DIRECT CHASSISLINK, INC. ONLY: IT IS HEREBY STIPULATED AND AGREED that the claims of plaintiff against defendants Textainer Group Holding Limited and Direct Chassislink, Inc., only, shall be dismissed without prejudice and without costs or fees to any party. The Clerk of Court is hereby ORDERED to terminate defendants Textainer Group Holding Limited and Direct Chassislink, Inc. SO ORDERED., Direct Chassislink, Inc. and Textainer Group Holdings Limited terminated. (Signed by Judge Katherine Polk Failla on 10/08/2020) (ama)
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| Filing 5 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Plaintiffs and without costs. Document filed by Textainer Group Holdings Limited, Direct Chassislink, Inc.. Proposed Order to be reviewed by Clerk's Office staff...(Zonghetti, Gino) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #5 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Katherine Polk Failla for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
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Filing 4
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/13/2020 at 10:00 AM before Judge Katherine Polk Failla. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/5/2020) (ks)
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| Filing 3 CIVIL COVER SHEET filed..(Zonghetti, Gino) |
| Filing 2 NOTICE OF APPEARANCE by Christopher Ulysses Warren on behalf of Evans Delivery Company, Inc...(Warren, Christopher) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Gino Anthony Zonghetti to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated June 2017; the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gino Anthony Zonghetti. The party information for the following party/parties has been modified: Century Express. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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..(pc) |
| Magistrate Judge Debra C. Freeman is so designated. 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 27945/2020E. (Filing Fee $ 400.00, Receipt Number ANYSDC-21780438).Document filed by Direct Chassislink, Inc.. (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - Declaration of Joshua Kaye, #3 Civil Cover Sheet).(Zonghetti, Gino) |
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