Lonergan v. Crisdel Group, Inc. et al
| William Lonergan |
| CRISDEL GROUP, INC. and Kiewit Infrastructure Co. |
| 2:2021cv17477 |
| September 24, 2021 |
| US District Court for the District of New Jersey |
| Jessica S Allen |
| Claire C Cecchi |
| P.I.: Other |
| 28 U.S.C. § 1446 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 2, 2021. A more recent docket listing may be available from PACER.
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Filing 32
LETTER ORDER: Initial Conference set for 12/21/2021 at 11:30 AM before Magistrate Judge Jessica S. Allen. Signed by Magistrate Judge Jessica S. Allen on 11/2/21. (jbb)
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| Filing 31 DEMAND for Trial by Jury by All Plaintiffs. (COHEN, ORIN) |
| Filing 30 Joint Discovery Plan by All Plaintiffs.(COHEN, ORIN) |
| Filing 29 NOTICE of Appearance by ORIN JOEL COHEN on behalf of William Lonergan (COHEN, ORIN) |
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Filing 28
TEXT ORDER: On or before October 29, 2021, the parties shall file a joint status letter of five (5) pages or less double spaced, setting forth the case's procedural history, including whether a Pretrial Scheduling Order was previously entered, and the status of discovery, if any. So Ordered by Magistrate Judge Jessica S. Allen on 10/19/21. (jbb)
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| Filing 27 NOTICE of Appearance by FRANK THOMPSON, II on behalf of Kiewit Infrastructure Co. (THOMPSON, FRANK) |
| Filing 26 NOTICE of Appearance by WILLIAM E. SCHAEFER on behalf of CRISDEL GROUP, INC. (SCHAEFER, WILLIAM) |
| Case Assigned to Judge Claire C. Cecchi and Magistrate Judge Jessica S. Allen. (ak, ) |
| Filing 25 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:21-cv-02374. Original file certified copy of transfer order and docket sheet received. |
| 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. (va) |
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Filing 24
MEMORANDUM AND ORDER granting #23 Letter Motion to Compel. The parties' joint motion to transfer venue, Docket Entry No. 23, is granted. The Clerkof Court is directed to transfer this action to the United States District Court for the District ofNew Jersey, pursuant to 28 U.S.C.A. 1404(a). SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/24/2021) (va) Transmission to Office of the Clerk of Court for processing.
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| Filing 23 FIRST LETTER MOTION to Compel addressed to Magistrate Judge Kevin Nathaniel Fox from Orin J. Cohen dated June 17, 2021. Document filed by William Lonergan..(Cohen, Orin) |
| Filing 22 REQUEST FOR ADMISSIONS.Document filed by Kiewit Infrastructure Co...(Thompson, Frank) |
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Filing 21
ORDER re: #20 Letter filed by William Lonergan. This action commenced by the defendants' filing of a removal notice "pursuant to 28 U.S.C. 1332, 1441 and 1446." On April 7, 2021, the defendants filed their answer. By a letter dated June 7, 2021, the plaintiff asserted: As per the conversation at the conference that was held on June 3, 2021, it was discussed whether my client fell in the area designated as New York or New Jersey on Ellis Island. After consulting my client, it appears that he fell in an that deemed to be part of the State of New Jersey. At this time, we are asking the assistance of the Court determine whether there are enough contacts for the Southern District, to maintain control of this matter or the same should be transferred to the United States District Court, District Court in Newark, New Jersey. Again, I have advised defense counsel of this email. Docket Entry No. 20. On or before June 18, 2021, any motion pursuant to 28 U.S.C. 1404(a) may be made jointly or singly. Local Civil Rule 6.1 of this court will govern the remaining deadlines if applicable. SO ORDERED. ( Motions due by 6/18/2021.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/9/2021) (vfr)
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| Filing 20 FIRST LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Orin J. Cohen dated June 7, 2021 re: Location of Accident. Document filed by William Lonergan..(Cohen, Orin) |
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Filing 19
ORDER: A telephonic conference was held with counsel to the respective parties on June 2, 2021. As a result of the discussion had during the conference, IT IS HEREBY ORDERED that: 1. all discovery, of whatever nature, be initiated so as to be completed on or before December 1, 2021; 2. the last date on which to amend pleadings will be July 23, 2021; 3. the last date on which to join additional parties will be July 23, 2021; 4. a telephonic status conference will be held with the parties on November 3, 2021, at 11:00 a.m. The parties shall use dial in number (888) 557-8511 and enter access code 4862532; 5. any dispositive motion shall be served and filed on or before January 3, 2022; 6. the response to any such motion and any reply shall be made in accordance withLocal Civil Rule 6.1 of this court; and if no dispositive motion is made, the parties shall submit their joint pretrial order to the Court on or before January 3, 2022. That document must conform with the requirements for such an order that are found in Court's Individual Rules of Practice. Amended Pleadings due by 7/23/2021. Joinder of Parties due by 7/23/2021. Motions due by 1/3/2022. Discovery due by 12/1/2021. Telephone Conference set for 11/3/2021 at 11:00 AM before Magistrate Judge Kevin Nathaniel Fox. Pretrial Order due by 1/3/2022. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/3/2021) (mml)
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| Filing 18 RULE 26 DISCLOSURE.Document filed by Kiewit Infrastructure Co...(Thompson, Frank) |
| Filing 17 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by William Lonergan..(Cohen, Orin) |
| Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Initial Pretrial Conference held telephonically on 6/2/2021. (Potter, Elizabeth) |
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Filing 16
ORDER: An initial pretrial conference will be held in the above-captioned action on June 2, 2021, at 3:00 p.m. The conference will be held by telephone. The parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. Prior to the conference, the parties must meet or confer by telephone to discuss the matters specified in Fed. R. Civ. P. 26(f) and must complete the attached questionnaire. No discovery plan specified by Fed. R. Civ. P. 26(f) needs to be filed with the Court, but counsel to the plaintiff(s) must submit, via the CM/ECF system, the completed questionnaire at least one (1) day before the conference. At or prior to the meeting or telephonic conference between the parties, the parties must comply with the automatic disclosure requirements of Fed. R. Civ. P. 26(a)(1). In addition, if the plaintiff(s) seeks damages for personal injuries, the plaintiff(s) must provide signed authorizations for release of all pertinent records from medical service providers. During the scheduled initial pretrial conference, the parties must be fully prepared to discuss any issues pertaining to this case, including subject matter jurisdiction, venue, schedules for discovery, insurance coverage, and settlement. Please be advised that a court reporter will attend the conference via telephone. So Ordered. Initial Conference set for 6/2/2021 at 03:00 PM before Magistrate Judge Kevin Nathaniel Fox. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/20/2021) (js)
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Filing 15
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: by Crisdel Group, Inc., Kiewit Infrastructure Co., William Lonergan. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Kevin Nathaniel Fox. IT IS ORDERED. (Signed by Judge P. Kevin Castel on 5/19/2021) (ama)
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| Filing 14 RULE 26 DISCLOSURE.Document filed by William Lonergan..(Cohen, Orin) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kiewit Infrastructure Co...(Thompson, Frank) |
| Filing 12 ANSWER to Complaint (Notice of Removal) with JURY DEMAND., CROSSCLAIM against Kiewit Infrastructure Co.. Document filed by Crisdel Group, Inc...(Orcel, Anthony) |
| Filing 11 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Crisdel Group, Inc...(Orcel, Anthony) |
| Filing 10 NOTICE OF APPEARANCE by Anthony Orcel on behalf of Crisdel Group, Inc...(Orcel, Anthony) |
| Filing 9 NOTICE OF APPEARANCE by Orin J. Cohen on behalf of William Lonergan..(Cohen, Orin) |
| Filing 8 NOTICE OF APPEARANCE by Frank Delano Thompson on behalf of Kiewit Infrastructure Co...(Thompson, Frank) |
| Filing 7 FINANCIAL AFFIDAVIT. Document filed by Crisdel Group, Inc...(Orcel, Anthony) |
| Filing 6 AFFIDAVIT OF SERVICE of Notice of Removal served on Kiewit Infrastructure Co. on March 19, 2021. Service was made by Mail. Document filed by Crisdel Group, Inc...(Orcel, Anthony) |
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Filing 5
ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. 1. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, May 24, 2021 at 11:00 a.m. Principal trial counsel shall appear at this and all subsequent conferences, as further set forth. 6. Due to the COVID-19 pandemic, conferences with the Court in civil cases will be held by teleconferencing until further notice. For initial pretrial conferences, plaintiff(s)' counsel shall, no later than 5 business days before the conference, email a copy of the agreed upon (or disputed) Civil Case Management Plan & Scheduling Order to: castelnysdchambers@nysd.uscourts.gov. The call-in information for all teleconferences is: Dial-in: (888) 363-4749 Access Code: 3667981. SO ORDERED. (Telephone Conference set for 5/24/2021 at 11:00 AM before Judge P. Kevin Castel. Initial Conference set for 5/24/2021 at 11:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/19/2021) (mml)
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| Filing 4 AFFIDAVIT OF SERVICE of Order served on Plaintiff on March 22, 2021. Service was made by Mail. Document filed by Crisdel Group, Inc...(Orcel, Anthony) |
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Filing 3
ORDER: The Court has the duty to examine whether it has subject matter jurisdiction over an action. This is an action originally brought in Supreme Court of the State of New York, New York County and removed to this Court by defendant Crisbel Group, Inc. ("Crisbel"). Section 1446(b)(2)(A) of title 28 provides that "When a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action." There is no indication that defendant Kiewit Infrastructure, Co, ("Kiewit") has joined in or consented to removal. This defect is waivable if not raised by plaintiff in a motion to remand with-in 30 days of the filing of the notice of removal. 28 U.S.C. 1447(c). Under the practice and procedure in New York Courts an ad damnum is not in-cluded in the complaint. It is customary for a defendant not to remove until the amount of plaintiff's damage demand is disclosed in a document served in the proceeding. The complaint describes the occurrence as a "trip and fall" and it is by no means intuitive that the amount in controversy exceeds the jurisdictional threshold of this Court which is an amount in excess of $75,000 exclusive of interest and costs. Within 15 days, defendant Crisbel shall submit an affidavit demonstrating that a factual basis for its belief that the amount in controversy exceeds the jurisdictional threshold of this Court. If the plaintiff wishes to challenge whether the jurisdictional threshold has been exceeded, it shall do so in a motion to remand filed within 30 days of the filing of the notice of removal. This Order shall be served by Crisbel electronically and by overnight courier on plaintiff's counsel and Kiewit by March 23, 2021. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/19/2021) (ks)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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..(gp) |
| Magistrate Judge Kevin Nathaniel Fox 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. (gp) |
| Case Designated ECF. (gp) |
| Filing 2 CIVIL COVER SHEET filed..(Orcel, Anthony) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 151158/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24272487).Document filed by Crisdel Group, Inc...(Orcel, Anthony) |
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