DELACRUZ v. KAZIMIERZ et al
| JOSE DELACRUZ |
| Giermak Kazimierz |
| Natasya P Santaella |
| 2:2021cv20115 |
| November 19, 2021 |
| US District Court for the District of New Jersey |
| Kevin McNulty |
| Leda D Wettre |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 2, 2021. A more recent docket listing may be available from PACER.
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| Filing 30 NOTICE of Appearance by JOHN M DOWNING, JR on behalf of GIERMAK KAZIMIERZ (DOWNING, JOHN) |
Filing 29
TEXT ORDER - Per counsel's request, the Rule 16 initial scheduling conference set for 1/24/2022 is adjourned to 2/14/2022 at 11:30 a.m. before Magistrate Judge Leda D. Wettre. Dial-in information for the conference is (888) 684-8852, access code 8948139. Any future requests for adjournment shall be made by letter filed on the docket. So Ordered by Magistrate Judge Leda D. Wettre on 11/30/2021. (rn)
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Filing 28
LETTER ORDER: Initial Conference set for 1/24/2022 at 12:00 PM before Magistrate Judge Leda D. Wettre. Signed by Magistrate Judge Leda D. Wettre on 11/24/21. (LM, )
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| Filing 27 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:21-cv-03877. Original file certified copy of transfer order and docket sheet received. |
| Judge Kevin McNulty and Magistrate Judge Leda D. Wettre added. (ps) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of New Jersey. (mml) |
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Filing 26
OPINION & ORDER re: #23 LETTER MOTION for Conference re: #22 Letter Request to Change Venue to Newark NJ Federal Court addressed to Judge Andrew L. Carter, Jr. from Stuart R. Shaw dated 11/02/2021 filed by Jose Delacruz. For the foregoing reasons, Plaintiff's and Defendant Giermak's motions to transfer are GRANTED. The Clerk of Court is hereby directed to close ECF 23 and transfer this action to the United States District Court for the District of New Jersey. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 11/12/2021) (mml) Transmission to Office of the Clerk of Court for processing.
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| Filing 25 LETTER addressed to Judge Andrew L. Carter, Jr. from Stuart R. Shaw, Esq. dated 11/12/2021 re: Change of Venue to Newark. Document filed by Jose Delacruz. (Attachments: #1 Letter from Downing, #2 Plaintiff's letter 11/2/21).(Shaw, Stuart) |
| Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - 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, with prejudice against the defendant(s) Jose Delacruz and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Natasya P Santaella. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Beshara, Mina) Modified on 11/2/2021 (dt). |
| Filing 23 LETTER MOTION for Conference re: #22 Letter Request to Change Venue to Newark NJ Federal Court addressed to Judge Andrew L. Carter, Jr. from Stuart R. Shaw dated 11/02/2021. Document filed by Jose Delacruz. Return Date set for 11/9/2021 at 02:00 PM. (Attachments: #1 Exhibit ltr from Downing).(Shaw, Stuart) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Beshara,Mina. RE-FILE Document No. #24 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong party/parties whom the voluntary dismissal is against was/were selected; Stipulation is not pursuant to 41(a) within the text, there is another Defendant in the case, if it is not dismissed against that defendant then the name of the Defendant that is being dismissed needs to be put in the text of the Stipulation, or if the entire action is being dismissed, then all attorney must sign the Stipulation. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. When Re-Filing the Stipulation of Voluntary Dismissal and you come to the question is this Stipulation of Voluntary dismissal pursuant to 41(a)(1)(A)(ii), select NO, because the Stipulation does not cite to it. (dt) |
| Filing 22 SECOND LETTER addressed to Judge Andrew L. Carter, Jr. from John M. Downing, Jr. dated July 19, 2021 re: Transfer to New Jersey venue. Document filed by Giermak Kazimierz..(Downing, John) |
| Filing 21 LETTER addressed to Judge Andrew L. Carter, Jr. from Stuart R. Shaw, Esq. dated 07/15/2021 re: Letter from Giermak Kazimierz 7/12/21. Document filed by Jose Delacruz..(Shaw, Stuart) |
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Filing 20
ORDER: Defendant Giermak Kazimierz requests that the Court transfer this matter to the United States District Court for the District of New Jersey. (ECF No. 18.) Plaintiff and Defendant Natasya P.Santaella shall respond to Defendant's request by July 15, 2021. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/13/2021) (rj)
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Filing 19
ORDER: In light of ECF 17, 18 and the parties' failure to follow the instructions in ECF 14 and 15, the ICMC scheduled for July 13, 2021, is adjourned sine die. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (Wang, Ona)
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| Filing 18 LETTER addressed to Judge Andrew L. Carter, Jr. from John M. Downing, Jr. dated July 12, 2021 re: Transfer to New Jersey Venue. Document filed by Giermak Kazimierz. (Attachments: #1 Exhibit Police Accident Report).(Downing, John) |
| Filing 17 LETTER addressed to Judge Andrew L. Carter, Jr. from John M. Downing, Jr. dated July 12, 2021 re: Transfer to New Jersey venue. Document filed by Giermak Kazimierz..(Downing, John) |
| Filing 16 ANSWER to #1 Complaint, #6 Amended Complaint, #7 Amended Complaint., ANSWER to #1 Complaint, #6 Amended Complaint, #7 Amended Complaint., ANSWER to #1 Complaint, #6 Amended Complaint, #7 Amended Complaint., CROSSCLAIM against Giermak Kazimierz. Document filed by Natasya P Santaella..(Beshara, Mina) |
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Filing 15
SCHEDULING ORDER:The Initial Pretrial Conference scheduled for Wednesday, June 23, 2021 at 11:30 a.m. is hereby adjourned to Tuesday, July 13, 2021 at 11:30 AM. The dial in information is (866) 390- 1828, access code 1582687. THE PARTIES SHALL REFER TO ECF 14 FOR INSTRUCTIONS AND FILE THEIR REPORT OF RULE 26(F) MEETING AND PROPOSED CASE MANAGEMENT PLAN ONE WEEK BEFORE THE CONFERENCE, I.E. BY JULY 6, 2021. (Initial Conference set for 7/13/2021 at 11:30 AM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 6/22/2021) (rro)
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Filing 14
INITIAL CASE MANAGEMENT CONFERENCE ORDER: An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held telephonically on Wednesday, June 23, 2021 at 11:30 a.m. The dial in information is (866) 3901828, access code 1582687. (Initial Conference set for 6/23/2021 at 11:30 AM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 6/10/2021) (rro)
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| Filing 13 AMENDED ANSWER to with JURY DEMAND., CROSSCLAIM against Natasya P Santaella. Document filed by Giermak Kazimierz..(Downing, John) |
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Filing 12
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Ona T. Wang. (Signed by Judge Andrew L. Carter, Jr on 6/8/2021) (mml)
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| Filing 11 ANSWER to #7 Amended Complaint., CROSSCLAIM against Giermak Kazimierz. Document filed by Giermak Kazimierz. (Attachments: #1 Affidavit Affidavit of Service).(Downing, John) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Amended Complaint, Complaint, Amended Complaint. Service was accepted by Natasya P Santaella. Document filed by Jose Delacruz..(Shaw, Stuart) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Amended Complaint, Complaint, Amended Complaint. Service was accepted by nail and mail. Service was made by nail and mail. Document filed by Jose Delacruz..(Shaw, Stuart) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Amended Complaint, Complaint, Amended Complaint. Giermak Kazimierz served on 5/24/2021, answer due 6/14/2021; Natasya P Santaella served on 5/24/2021, answer due 6/14/2021. Service was accepted by SANTAELLA. Service was made by AND BY MAIL. Document filed by Jose Delacruz..(Shaw, Stuart) |
| Filing 7 AMENDED COMPLAINT amending #1 Complaint, #6 Amended Complaint against Giermak Kazimierz, Natasya P Santaella with JURY DEMAND.Document filed by Jose Delacruz. Related document: #1 Complaint, #6 Amended Complaint..(Shaw, Stuart) |
| Filing 6 AMENDED COMPLAINT amending #1 Complaint against Giermak Kazimierz, Natasya P Santaella with JURY DEMAND.Document filed by Jose Delacruz. Related document: #1 Complaint..(Shaw, Stuart) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Giermak Kazimierz, Natasya P Santaella..(pc) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to GIERMAK KAZIMIERZ, NATASYA P. SANTAELLA, re: #1 Complaint. Document filed by Jose Delacruz..(Shaw, Stuart) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Stuart Randall Shaw to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): party names on the 'as to' docket entry text must be listed exactly as they appear on the pleading caption;. 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 3 FILING ERROR - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Kazimierz, Santaella, re: #1 Complaint. Document filed by Jose Delacruz..(Shaw, Stuart) Modified on 5/4/2021 (jgo). |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Stuart Randall Shaw. The following case opening statistical information was erroneously selected/entered: County code Bronx; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to Westchester; the Fee Status code has been modified to pd (paid). (sj) |
| Magistrate Judge Ona T. Wang 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. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Stuart Randall Shaw to RE-FILE Document No. #2 Civil Cover Sheet. 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 2 CIVIL COVER SHEET filed. (Attachments: #1 Supplement Proposed Summons).(Shaw, Stuart) |
| Filing 1 COMPLAINT against Giermak Kazimierz, Natasya P Santaella. (Filing Fee $ 402.00, Receipt Number ANYSDC-24480589)Document filed by Jose Delacruz..(Shaw, Stuart) |
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