Lin v. Hertz Vehicles LLC et al
| Mr. Yao Lin |
| Hertz Vehicles LLC and Kenneth Deitiker |
| 1:2018cv05106 |
| September 10, 2018 |
| US District Court for the Eastern District of New York |
| Peggy Kuo |
| Eric N Vitaliano |
| Motor Vehicle |
| 28 U.S.C. ยง 1441 Petition for Removal- Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on November 1, 2018. A more recent docket listing may be available from PACER.
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| Set Hearings: Settlement Conference set for 3/5/2019 at 02:00 PM in Courtroom 11C South before Magistrate Judge Peggy Kuo. See Judge Kuo's Order dated 10/30/2018. (Riquelme, Claudia) |
| Filing 13 CONSENT to Jurisdiction by US Magistrate Judge by Kenneth Deitiker, Hertz Vehicles LLC. (Gitnik, Roman) |
| Filing 12 Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on 10/30/2018. Attorney Haesun Alexis Kim appeared on behalf of plaintiff. Attorney Roman Gitnik appeared on behalf of defendants. Plaintiff's counsel stated that plaintiff has received acupuncture, chiropractic treatment, and massage therapy, and that he has undergone surgery to his left shoulder as a result of the underlying incident. She also stated that no lost earnings claim has been made because plaintiff was unemployed. She added that the medical expenses are still being covered by no-fault. She has produced plaintiff's medial authorizations as part of her initial disclosures. Defense counsel stated that individual defendant Kenneth Deitiker rented a vehicle owned by the corporate defendant Hertz Vehicles LLC. He also stated that the police report indicates that Mr. Deitiker was driving while intoxicated, and his office is still investigating what happened to that charge. Even if Mr. Deitiker entered a guilty plea, Hertz Vehicles LLC., will not disclaim the minimum statutory limit in New York. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. A settlement conference will be held on March 5, 2019 at 2:00 pm in Courtroom 11C South, before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the defendants with complete settlement authority (other than counsel) must be present, unless leave is granted to participate by phone. The parties were directed to submit confidential settlement statements which must include the last offer and demand, to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by February 26, 2019. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. (FTR Log #10:37-10:50.) (Riquelme, Claudia) |
| Filing 11 NOTICE of Appearance by Haesun Alexis Kim on behalf of Yao Lin (aty to be noticed) (Kim, Haesun) |
| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE by Kenneth Deitiker, Hertz Vehicles LLC (Gitnik, Roman) |
ORDER granting #9 Motion for Extension of Time to File. The deadline for the parties to show cause why this case should not be dismissed for lack of subject matter jurisdiction is extended to October 22, 2018. The Initial Conference set for October 11, 2018 is rescheduled to October 30, 2018 at 11:00 a.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. Ordered by Magistrate Judge Peggy Kuo on 10/9/2018. (Besingi, Pembe)
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| Filing 9 MOTION for Extension of Time to File Order to Show Cause Why the Case Should Not Be Dismissed by Kenneth Deitiker, Hertz Vehicles LLC. (Gitnik, Roman) |
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ORDER TO SHOW CAUSE: The parties are ordered to show cause by October 8, 2018 why this case should not be dismissed for lack of subject matter jurisdiction because the amount in controversy does not exceed seventy-five thousand dollars. Ordered by Magistrate Judge Peggy Kuo on 10/4/2018. (Besingi, Pembe)
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| Filing 8 Proposed Scheduling Order (Proposed Discovery Plan) by Yao Lin (Yook, Jusun) |
| Filing 7 NOTICE of Appearance by Jusun Yook on behalf of Yao Lin (aty to be noticed) (Yook, Jusun) |
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Filing 6
SCHEDULING ORDER: An Initial Conference will be held in this case on October 11, 2018 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge, in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. At least five days before the Conference, the parties must file a completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: https://www.nyed.uscourts.gov/pub/PK-discovplan.pdf. Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Peggy Kuo on 9/12/2018.(Attachments: #1 Proposed Discovery Plan) (Riquelme, Claudia)
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| Filing 5 ANSWER to Complaint (Notice of Removal) by All Defendants. (Gitnik, Roman) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Filing 2 DISCLOSURE of Interested Parties by Kenneth Deitiker, Hertz Vehicles LLC. (Bowens, Priscilla) |
| Case assigned to Judge Eric N. Vitaliano and Magistrate Judge Peggy Kuo. 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. (Bowens, Priscilla) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court, Queens County, case number 701179/2018. ( Filing fee $ 400 receipt number 0207-10715966) (Attachments: #1 Exhibit Summons & Complaint - Supreme Court, Queens County, #2 Exhibit Police accident report, #3 Rule 7.1 Statement, #4 Civil Cover Sheet Civil Cover Sheet) (Gitnik, Roman) |
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