Desir v. Wendell et al
| Remond Desir |
| Lynn Trucking, Austin I. Wendell and Logan Lynn Wray |
| 1:2013cv00912 |
| February 20, 2013 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Dora Lizette Irizarry |
| Vera M. Scanlon |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Motor Vehicle Product Liability |
| Plaintiff |
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Filing
56
ORDER granting 52 Motion to Amend/Correct/Supplement in part. For the reasons stated in the within Memorandum and Order, Plaintiff's motion for leave to amend the Complaint is granted insofar as it relates back to the filing of the Third-part y Complaint and is thus timely but remains pending subject to future communication with the Court with regard to Plaintiff's citizenship. In light of the within Memorandum and Order, an in-person status conference is scheduled for May 17, 2016 at 5:00 p.m. The parties should be prepared to discuss the following: (1) Plaintiff's citizenship for diversity purposes; (2) what information, if any, need be exchanged by the parties to determine Plaintiff's citizenship during the relevan t time frame; and (3) whether Plaintiff's negligence claim against the current Defendants and/or Ray's Rapid could be timely filed in state court in New York, Georgia or other jurisdictions in the event this Court dismisses the action due t o a loss of subject-matter jurisdiction. In addition, though not explicitly briefed by the parties, there has been suggestion by both Plaintiff and Third-party Defendants in their respective motion papers of a possible declaratory judgment action. A ccordingly, counsel should also be prepared to discuss this topic. (Status Conference set for 5/17/2016 05:00 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon.) Ordered by Magistrate Judge Vera M. Scanlon on 4/27/2016. (Weingarten, Richard)
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Filing
48
ORDER granting in part and denying in part 41 Motion for Summary Judgment. For the reasons stated herein, Third-party Defendants' motion for summary judgment is denied, but Third-party Defendants' motion in limine seeking a declaration that Florida's loss-allocating statute applies is granted. In light of the Court's holding, the trial previously scheduled to commence on January 11, 2016 is postponed sine die. Moreover, as discussed in greater d etail during the December 15, 2015 conference, to the extent Plaintiff seeks to amend the Complaint, the parties are directed to comply with the briefing schedule discussed therein. See ECF No. 46. As discussed, any such motion must address, < u>inter alia, the timeliness of Plaintiff's claims, the relation-back doctrine, any prejudice to any party by the timing of the motion, any relevant insurance-related concerns, whether the amendment destroys diversity jurisdiction, and the domiciles/residences of the parties at the time of the filing of the action. Ordered by Magistrate Judge Vera M. Scanlon on 12/21/2015. (Weingarten, Richard)
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Filing
33
ORDER re 32 Letter filed by Remusat Claude Thebaud, Ray's Rapid Transporting LLC -- Third-Party Defendants' request for a modification of the scheduling order to permit them to file a summary judgment motion is denied. The request fo r an extension of the deadline to file a joint pretrial order is granted to the extent that the Joint Pretrial Order is now due on or before August 15, 2015. The parties are admonished to strictly abide by that order and to comply with this Courts individual rules when making any further requests for relief. SO ORDERED by Judge Dora Lizette Irizarry on 7/28/2015. (Irizarry, Dora)
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