Gando Amat et al v. Hand To Hand Express et al
| Juan Alfredo Gando Amat and Lilia Haydee Garcia |
| Hand To Hand Express and Angelito Aquino-Santana |
| 2:2021cv19162 |
| October 21, 2021 |
| US District Court for the District of New Jersey |
| Kevin McNulty |
| Cathy L Waldor |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on December 17, 2021. A more recent docket listing may be available from PACER.
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Filing 26
TEXT ORDER: The Court will conduct the telephone conference already scheduled for 12/21/21 via its dedicated conference line. The parties are instructed to dial 1-888-808-6929 and enter Access Code 9464201 at the time of the conference. So Ordered by Magistrate Judge Cathy L. Waldor on 12/17/2021. (tjd)
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Filing 25
TEXT ORDER: The Court has reviewed Plaintiffs counsels 11/12/21 letter [ECF 24]. The Court will hold a telephone conference on 12/21/21 at 10am to address the matters raised therein. Outgoing counsel for Plaintiffs shall appear; incoming counsel for Plaintiffs shall inform outgoing counsel of this order. In the event the transfer of the matter is completed before the conference, incoming counsel shall advise the Court, whereupon the conference will be cancelled. So Ordered by Magistrate Judge Cathy L. Waldor on 11/15/21. (tjg, )
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| Filing 24 STATUS REPORT with Conference Request by Juan Alfredo Gando Amat, Lilia Haydee Garcia. (AVSHALUMOV, ROMAN) |
| Filing 23 NOTICE of Appearance by ROMAN M. AVSHALUMOV on behalf of Juan Alfredo Gando Amat, Lilia Haydee Garcia (AVSHALUMOV, ROMAN) |
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Filing 22
TEXT ORDER: The Court will hold an initial conference (rule 16) before U.S.M.J. C. Waldor by telephone on 12/21/21 at 10am. Plaintiff shall initiate the call and local counsel for any/all parties must participate. Parties are to submit a completed Pretrial Scheduling Order (for Judge Salas cases, please use her dedicated PTSO found in the same location) found in the Notice of Judicial Preferences link to chambers via email at CLW_Orders@njd.uscourts.gov no later than 3 days before the scheduled conference.. Please contact chambers with any questions or concerns at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 11/9/21. (tjg, )
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| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (tjg, ) |
| Filing 21 ANSWER to Complaint with JURY DEMAND by All Defendants.(DALY, PAUL) |
| Filing 20 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 19 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:21-cv-01564. Original file certified copy of transfer order and docket sheet received. |
| Case assigned to Judge Kevin McNulty and Magistrate Judge Cathy L. Waldor. (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. (ate) |
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Filing 18
ORDER granting #13 Motion to Change Venue. Plaintiffs Juan Alfredo Gando Amat and Lilia Haydee Garcia filed this lawsuit in February 2021, raising negligence claims against Defendants on the basis of a 2020 motor vehicle accident that caused severe injuries to Mr. Gando Amat. See Dkt. 1. On September 9, 2021, Defendants filed a motion to transfer this action to the District of New Jersey. Dkt. 13. The motion asserts that transfer is warranted because the action arises out of a vehicle collision that took place in New Jersey, both Defendants reside in New Jersey, and the case will require the testimony of New Jersey-based witnesses. For the following reasons, the motion is granted. The Court accordingly concludes that venue is not proper in this District. Venue is not proper under Section 1391(b)(1), because none of the Defendants reside in this District; it is not proper under Section 1391(b)(2), because no events giving rise to Plaintiffs' claims occurred in this District. See Rao v. Thuo, No. 20-CV-3582 (DG), 2021 WL 980884, at *2 (E.D.N.Y. Mar. 16, 2021) (finding venue improper in the EDNY where the all the defendants were alleged to reside in Massachusetts and the motor vehicle accident underlying the plaintiff's claim occurred in Massachusetts). Pursuant to 28 U.S.C. 1406(a), when an action has not been brought in an appropriate venue, a district court may either dismiss the claim "or if it be in the interest of justice, transfer [it] to any district or division in which it could have been brought." Gonzalez v. Hasty, 651 F.3d 318, 324 (2d Cir. 2011). "The district court's decision whether to dismiss or transfer a case lies within the sound discretion of the district court." Blakely, 607 F. App'x at 18. Here, because Defendants' motion seeks only transfer and not dismissal, and because the action plainly could have been brought in the District where the underlying accident occurred, the Court opts to transfer the action to the District of New Jersey. The Clerk of Court is directed to terminate Dkt. 13 and to transfer this action to the District of New Jersey. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/14/2021) (ate) Transmission to Office of the Clerk of Court for processing.
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| Filing 17 RESPONSE in Support of Motion re: #13 MOTION to Change Venue . . Document filed by Angelito Aquino-Santana, Hand To Hand Express. (Attachments: #1 Exhibit A, #2 Exhibit B).(Kundla, Mark) |
| Filing 16 LETTER RESPONSE in Opposition to Motion addressed to Judge Ronnie Abrams from Joseph A. Maria dated October 8, 2021 re: #13 MOTION to Change Venue . . Document filed by Juan Alfredo Gando Amat, Lilia Haydee Garcia. (Attachments: #1 Exhibit Exhibit 1 - Police Report).(Maria, Joseph) |
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Filing 15
ORDER: On September 9, 2021, Defendants filed a motion to transfer this action to the District of New Jersey. Dkt. 13. The motion asserts that transfer is warranted because the action arises out of a vehicle collision that took place in New Jersey, both Defendants are domiciled in New Jersey, and the case will require the testimony of New Jersey-based witnesses. No later than October 8, 2021, Plaintiffs shall file a letter advising the Court whether they consent to transfer or oppose the motion and, if so, what the basis is for venue being proper in this District. See 28 U.S.C. 1391(b) ("A civil action may be brought in (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; [or] (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated."); Rao v. Thuo, No. 20-CV-3582 (DG), 2021 WL 980884, at *2 (E.D.N.Y. Mar. 16, 2021) ("Because all Defendants are alleged to be residents of Massachusetts and the motor vehicle accident is alleged to have occurred in Massachusetts, venue is proper in the District of Massachusetts, not the Eastern District of New York."). (Signed by Judge Ronnie Abrams on 9/24/2021) (ate)
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| Filing 14 NOTICE OF APPEARANCE by Mark Stewart Kundla on behalf of Angelito Aquino-Santana, Hand To Hand Express..(Kundla, Mark) |
| Filing 13 MOTION to Change Venue . Document filed by Angelito Aquino-Santana, Hand To Hand Express. (Attachments: #1 Exhibit A, #2 Exhibit B).(Kundla, Mark) |
| Filing 12 MEMO ENDORSEMENT on re: #11 Status Report filed by Juan Alfredo Gando Amat, Lilia Haydee Garcia. ENDORSEMENT: Defendants' time to answer or otherwise respond to the complaint is extended to October 8, 2021. If Defendants continue not to engage in this litigation beyond that date, Plaintiff is directed to file a motion for default judgment on or before October 22, 2021, in accordance with Fed. R. Civ. P. 55(b)(2), Local Civil Rule 55.2(b), and this Court's individual rules, available at https://nysd.uscourts.gov/hon-ronnie-abrams. Plaintiff is directed to provide Defendants with a copy of this endorsement. Angelito Aquino-Santana answer due 10/8/2021; Hand To Hand Express answer due 10/8/2021.( Motions due by 10/22/2021.) (Signed by Judge Ronnie Abrams on 9/8/2021) (rro) |
| Filing 11 STATUS REPORT. Document filed by Juan Alfredo Gando Amat, Lilia Haydee Garcia..(Maria, Joseph) |
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Filing 10
ORDER: On July 13, 2021, the Court directed Plaintiffs to serve several court orders on Defendants, to file an affidavit of service, and to submit a status update including whether they intend to move for default judgment. Dkt. 8. Plaintiffs have completed service of the court orders, Dkt. 9, but have not yet filed an update on the status of this litigation. They shall do so no later than September 8, 2021, including an update on whether they are in communication with Defendants and a proposed date by which they will move for default judgment if Defendants continue not to appear in this action. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/23/2021) (tg)
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| Filing 9 AFFIDAVIT OF SERVICE of Order Dkt. 6, Order Dkt. 7, Order Dkt. 8 served on Hand to Hand Express, LLC and Angelito Aquino-Santana on 07/19/2021. Service was made by Mail. Document filed by Juan Alfredo Gando Amat, Lilia Haydee Garcia..(Maria, Joseph) |
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Filing 8
ORDER: The Court's most recent order of June 21, 2021 noted that Defendants had yet to appear in this action and adjourned the initial pre-trial conference sine die. The order further directed Plaintiffs to file a status update on or before July 6, 2021. See Dkts. 6, 7. Plaintiffs have not filed a status update, nor have they submitted affidavits of service indicating that they served the Court's orders at Dkts. 6 and 7 on Defendants, as directed by the Court in those orders. No later than July 21, 2021, Plaintiffs are directed to (1) serve upon the Defendants a copy of this order, as well as the prior two orders at Dkts. 6 and 7; (2) file an affidavit of such service; and (3) submit a status update, including whether they intend to apply for default judgment. Failure to comply with this order will result in dismissal of this action without prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b). SO ORDERED. (Signed by Judge Ronnie Abrams on 7/13/2021) (rj)
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Filing 7
ORDER: The Court initially scheduled an initial pretrial conference for May 28, 2021, and adjourned it to June 25, 2021 in light of the fact that Defendants had yet to appear. See Dkt. 6. Defendants have still not appeared. Accordingly, the conference scheduled for June 25, 2021 is adjourned sine die. Plaintiffs are directed to file a status update on or before July 6, 2021, including whether they intend to commence an application for default judgment. Plaintiffs are further directed to serve a copy of this order, as well as the Court's May 25, 2021 order at Dkt. 6, upon Defendants and to file an affidavit of such service on the docket. (Signed by Judge Ronnie Abrams on 6/21/2021) (rro)
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Filing 6
ORDER: The Court scheduled an initial pretrial conference for May 28, 2021, and directed the parties to submit a joint letter and case management plan by May 21, 2021. No letter was submitted, and the Court notes that Defendants have yet to appear in this action. Accordingly, the conference is hereby adjourned to June 25, 2021 at 2:15 p.m. The conference will be held by telephone. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. The joint letter and case management plan described at Dkt. 2 shall be due June 18, 2021. Plaintiffs are directed to serve a copy of this order on Defendants and to file an affidavit of such service on the docket. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/25/2021) Initial Conference set for 6/25/2021 at 02:15 PM before Judge Ronnie Abrams. (ks)
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| Filing 5 AFFIDAVIT OF SERVICE of Summons and Complaint. Angelito Aquino-Santana served on 3/5/2021, answer due 3/26/2021. Service was made by Mail. Document filed by Juan Alfredo Gando Amat; Lilia Haydee Garcia..(Maria, Joseph) |
| Filing 4 AFFIDAVIT OF SERVICE of Summons and Complaint. Hand To Hand Express served on 3/4/2021, answer due 3/25/2021. Service was accepted by Ligia Chacon. Document filed by Juan Alfredo Gando Amat; Lilia Haydee Garcia..(Maria, Joseph) |
| Filing 3 CIVIL COVER SHEET filed..(Maria, Joseph) |
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Filing 2
ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 5/28/2021 at 10:00 AM before Judge Ronnie Abrams. The Court will hold this conference by telephone. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. SO ORDERED (Signed by Judge Ronnie Abrams on 2/26/2021) (rj)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joseph Anthony Maria. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to Queens; the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Joseph Anthony Maria. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Anthony Maria. The party information for the following party/parties has been modified: Hand to Hand Express LLC. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| Magistrate Judge Gabriel W. Gorenstein 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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..(jgo) |
| Case Designated ECF. (jgo) |
| Filing 1 COMPLAINT against Angelito Aquino-Santana, Hand to Hand Express LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24026883)Document filed by Juan Alfredo Gando Amat, Lilia Haydee Garcia. (Attachments: #1 Civil Cover Sheet).(Maria, Joseph) |
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