Habiburrahman et al v. Wehye et al
Plaintiff: Devona Habiburrahman and Mohammed Habiburrahman
Defendant: Dorliea H Wehye and Lorraine Heath
Case Number: 3:2023cv21600
Filed: October 30, 2023
Court: US District Court for the District of New Jersey
Presiding Judge: Michael A Shipp
Referring Judge: Rukhsanah L Singh
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 8, 2023 Filing 32 Transmittal Letter for remanded case to Middlesex County Courthouse*56 Paterson StreetNew Brunswick, NJ 08903 State No: L1676-23. Mailed certified copy of the Order remanding case. (amv,n.m.)
December 8, 2023 Opinion or Order Filing 31 CONSENT ORDER Remanding case to State Court. Signed by Judge Michael A. Shipp on 12/7/2023. (amv)
December 8, 2023 ***Civil Case Terminated. (amv)
December 7, 2023 Opinion or Order Filing 30 TEXT ORDER: The rule 16 conference scheduled for 12/13/2023 is adjourned without a new date at this time. So Ordered by Magistrate Judge Rukhsanah L. Singh on 12/7/2023. (mm)
December 7, 2023 Filing 29 Proposed Order to remand the matter to the Superior Court of New Jersey by Devona Habiburrahman, Mohammed Habiburrahman. (MITCHELL, WILLIAM)
November 29, 2023 Opinion or Order Filing 28 TEXT ORDER: The Court is in receipt of Plaintiffs' letter dated November 28, 2023. (Dkt. No. #27 ). If all parties consent to a remand, then the parties shall file a stipulation and proposed order to remand by no later than December 7, 2023. So Ordered by Magistrate Judge Rukhsanah L. Singh on 11/29/2023. (mm)
November 28, 2023 Filing 27 Letter from William J. Mitchell consenting to remanding matter to State Court. (MITCHELL, WILLIAM)
November 20, 2023 Filing 26 NOTICE of Appearance by MARC WILNER on behalf of Lorraine Heath (WILNER, MARC)
November 17, 2023 Filing 25 Mail Returned as Undeliverable. Mail sent to Marc R. Wilner (jal, )
November 8, 2023 Filing 24 NOTICE of Appearance by WILLIAM JOSEPH MITCHELL on behalf of Devona Habiburrahman, Mohammed Habiburrahman (MITCHELL, WILLIAM)
November 6, 2023 Filing 23 NOTICE of Appearance by KEVIN M. MCGOLDRICK on behalf of Dorliea H Wehye (MCGOLDRICK, KEVIN)
November 3, 2023 Filing 22 NOTICE of Appearance by KEVIN M. MCGOLDRICK on behalf of All Defendants (MCGOLDRICK, KEVIN)
October 31, 2023 Opinion or Order Filing 21 ORDER SCHEDULING CONFERENCE: Scheduling Conference set for 12/13/2023 at 1:00 PM in person before Magistrate Judge Rukhsanah L. Singh. Signed by Magistrate Judge Rukhsanah L. Singh on 10/31/2023. (mlh)
October 30, 2023 Filing 20 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to TONYA M. LINDSEY via USPS at MARSHALL DENNEHEY WALL STREET PLAZA, 88 PINE STREET, 21ST FLOOR, NEW YORK, NY 10005-1801. (mlh)
October 30, 2023 Filing 19 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to TULIA GARAVITO via USPS at LAW OFFICES OF ROTHENBERG & ROMANEK P.O. BOX 258829 OKLAHOMA CITY, OK 73125-8829. (mlh)
October 30, 2023 Filing 18 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to MARC R. WILNER via USPS at HALL BOOTH SMITH, P.C. 15 E. MIDLAND AVENUE SUITE 3A PARAMUS, NJ 07652. (mlh)
October 30, 2023 Filing 17 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to ALEXYS M. CARTER via USPS at BONGIORNO, MONTIGLIO, MITCHELL & PALMIERI, PLLC 200 OLD COUNTRY RD., SUITE 680 MINEOLA, NY 11501. (mlh)
October 30, 2023 Filing 16 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 1:23-cv-06225. Original file certified copy of transfer order and docket sheet received.
October 30, 2023 Judge Michael A. Shipp and Magistrate Judge Rukhsanah L. Singh added. (mlh)
October 26, 2023 Case transferred to District of New Jersey. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (PN)
October 24, 2023 Opinion or Order ORDER: Based on the parties' submissions, see ECF Nos. #9 , #14 , and #15 , the Court finds that venue is improper in the Eastern District of New York and that transferring the case to the District of New Jersey is appropriate. In any event, all parties have consented to the transfer of this case to the District of New Jersey. The Court hereby transfers this case to the District of New Jersey, pursuant to 28 U.S.C 1391, because Defendant Lorraine Heath resides in New Jersey and because the accident at issue in this case occurred in New Jersey or, in the alternative, for the convenience of the parties and witnesses pursuant to 28 U.S.C 1404. The Clerk of Court is respectfully directed to transfer this action to the District of New Jersey. Ordered by Judge Hector Gonzalez on 10/24/2023. (ICP)
October 23, 2023 Filing 15 Letter to Honorable Hector Gonzalez regarding consenting to transfer to District of New Jersey by Dorliea H Wehye (Lindsey, Tonya)
October 19, 2023 Filing 14 RESPONSE to Motion re #9 MOTION for pre motion conference with consent to transfer filed by Devona Habiburrahman, Mohammed Habiburrahman. (Carter, Alexys)
October 19, 2023 Opinion or Order ORDER: The Court has reviewed Defendant Lorraine Heath's letter requesting a pre-motion conference, see ECF No. #9 , and Plaintiffs' response, see ECF No. #14 . In her letter, Defendant Heath argues that the case should be transferred to the United States District Court for the District of New Jersey. In Plaintiffs' response, Plaintiffs consent to such transfer. Based on the parties' letters and the circumstances of the alleged incident, it appears that venue is improper in the Eastern District of New York and that transferring the case to the District of New Jersey would be appropriate. On or before October 26, 2023, Defendant Wehye H. Dorliea shall file a letter no longer than three (3) pages stating her position regarding the potential transfer of this case to the District of New Jersey. Ordered by Judge Hector Gonzalez on 10/19/2023. (ICP)
October 12, 2023 Opinion or Order ORDER: Defendant Lorraine Heath has filed a letter requesting a pre-motion conference to discuss a proposed motion to dismiss Plaintiffs' complaint. See ECF No. #9 . Pursuant to Section IV.A. of this Court's individual rules, Plaintiffs' reply was due on October 11, 2023. Plaintiffs have not filed a reply. Plaintiffs shall file a responsive letter that complies with Section IV.A of the Court's Individual Practices on or before October 19, 2023, which shall address whether Plaintiffs believe the complaint can be amended to address the issues raised in Defendant Lorraine Heath's letter. Plaintiffs are warned that failure timely to respond to Defendant's letter may result in the Court converting Defendant's letter into the motion itself and deeming it unopposed. Ordered by Judge Hector Gonzalez on 10/12/2023. (ICP)
October 9, 2023 Filing 13 Letter Response to Plaintiff's letter to Court as to Service of Process Complete by Lorraine Heath (Wilner, Marc)
October 9, 2023 Filing 12 Letter re Service of Process Complete by Devona Habiburrahman, Mohammed Habiburrahman (Carter, Alexys)
October 5, 2023 Opinion or Order Filing 11 SCHEDULING ORDER: Counsel for all parties who have appeared as of November 9, 2023, are directed to file on the docket by that date a joint letter describing the case and a completed civil case management plan, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiffs' counsel shall notify Defendants' counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendants' deadlines to answer or otherwise respond to Plaintiffs' complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answers to set a discovery schedule.Ordered by Judge Hector Gonzalez on 10/5/2023. (ICP)
October 5, 2023 Filing 10 Letter MOTION for Extension of Time to File Answer by Dorliea H Wehye. (Garavito, Tulia)
October 5, 2023 Opinion or Order ORDER: The Court grants Defendant Wehye H. Dorliea's motion for an extension of time, see ECF No. #10 , and Defendant Wehye H. Dorliea shall file an answer or otherwise respond to Plaintiffs' complaint on or before October 26, 2023. Ordered by Judge Hector Gonzalez on 10/5/2023. (ICP)
October 3, 2023 Filing 9 MOTION for pre motion conference by Lorraine Heath. (Wilner, Marc)
September 16, 2023 Opinion or Order ORDER: The Court grants Defendant Lorraine Heath's motion for an extension of time, see ECF No. #8 , and Defendant Lorraine Heath shall file an answer or otherwise respond to Plaintiffs' complaint on or before October 12, 2023. Ordered by Judge Hector Gonzalez on 9/16/2023. (ICP)
September 14, 2023 Filing 8 Letter MOTION for Extension of Time to File Answer or otherwise respond to Complaint by Lorraine Heath. (Wilner, Marc)
September 11, 2023 Filing 7 SUMMONS Returned Executed by Devona Habiburrahman, Mohammed Habiburrahman. Lorraine Heath served on 8/23/2023, answer due 9/13/2023. (Carter, Alexys)
September 8, 2023 Filing 6 Letter MOTION for Extension of Time to File Affidavit of Service & Complete Service of Process by Devona Habiburrahman, Mohammed Habiburrahman. (Carter, Alexys)
September 8, 2023 Filing 5 SUMMONS Returned Executed by Devona Habiburrahman, Mohammed Habiburrahman. Dorliea H Wehye served on 8/31/2023, answer due 9/21/2023. (Carter, Alexys)
September 8, 2023 Opinion or Order ORDER granting #6 Motion for Extension of Time to File. The Court has received Plaintiffs' letter, see ECF No. #6 , describing Plaintiffs' efforts to serve Plaintiffs' complaint and a summons on each Defendant, which requests additional time to complete service on each Defendant. Plaintiffs shall file another letter no longer than three pages on or before October 9, 2023, describing Plaintiffs' efforts to serve each Defendant. Alternatively, if Plaintiffs complete service on any Defendant before that date, then Plaintiffs shall promptly file proof of service.If Plaintiffs fails to file the letter required by this order, or if Plaintiffs' letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiffs to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. Ordered by Judge Hector Gonzalez on 9/8/2023. (ICP)
August 18, 2023 Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR)
August 18, 2023 Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (SR)
August 18, 2023 Filing 2 Summons Issued as to All Defendants. (SR)
August 18, 2023 Filing 1 COMPLAINT against Lorraine Heath, Dorliea H Wehye filing fee $ 402, receipt number ANYEDC-17004905 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Devona Habiburrahman, Mohammed Habiburrahman. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons) (Carter, Alexys)
August 18, 2023 Case Assigned to Judge Hector Gonzalez. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SR)
August 18, 2023 Opinion or Order ORDER: Plaintiffs shall file a letter no longer than three pages on or before September 8, 2023, describing Plaintiffs' efforts to serve Plaintiffs' complaint and a summons on each Defendant. If Plaintiffs fail to file the letter required by this order, or if Plaintiffs' letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiffs to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. The Court will not extend the deadline for Plaintiffs to file the letter required by this order unless Plaintiffs request an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 8/18/2023. (ICP)

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Plaintiff: Devona Habiburrahman
Represented By: WILLIAM JOSEPH MITCHELL
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Plaintiff: Mohammed Habiburrahman
Represented By: WILLIAM JOSEPH MITCHELL
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Defendant: Dorliea H Wehye
Represented By: KEVIN M. MCGOLDRICK
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Defendant: Lorraine Heath
Represented By: MARC WILNER
Represented By: KEVIN M. MCGOLDRICK
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