Inventory Generation Inc. et al v. Penske Truck Leasing Co., L.P.
| Inventory Generation Inc., We Haul Inc. and Pamela Turner |
| Penske Truck Leasing Co., L.P. and Penske Truck Leasing Co., L.P. doing business as Penske Leasing and Rental Company |
| 1:2019cv04850 |
| August 23, 2019 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| James Orenstein |
| Contract: Other |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 15 Letter to Magistrate Orenstein by Penske Truck Leasing Co., L.P. (Sandercock, John) |
| Filing 14 Letter to Magistrate re: Mediation by Inventory Generation Inc., Pamela Turner, We Haul Inc. (Neuman, Jonathan) |
ORDER REFERRING CASE to Mediation -- Selection of Mediator due by November 18, 2019. Mediation shall be completed by December 16, 2019 (subject to change upon consent of the parties and the mediator). Ordered by Magistrate Judge James Orenstein on 10/17/2019. (Gutmann, Joseph)
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ORDER -- On October 2, 2019, I ordered the parties to submit a joint letter by October 16, 2019, that reports whether they unanimously agree to schedule a settlement conference, refer the case to mediation, or neither. The parties have not complied with this order. I now respectfully direct the parties to confer and submit a joint letter by October 21, 2019, that reports whether they unanimously agree to schedule a settlement conference, refer the case to mediation, or neither. Ordered by Magistrate Judge James Orenstein on 10/17/2019. (Gutmann, Joseph)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
| Filing 13 AMENDED COMPLAINT against Penske Truck Leasing Co., L.P., filed by Inventory Generation Inc., We Haul Inc., Pamela Turner. (Neuman, Jonathan) Modified on 10/10/2019 to add Plaintiff (Piper, Francine). |
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Filing 12
SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: October 16, 2019. First request for production of documents and first request for interrogatories due by: November 4, 2019. Deadline for joinder of additional parties and amendment of pleadings: December 31, 2019. Fact discovery to be completed by: March 2, 2020. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: April 2, 2020. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): April 20, 2020, at 9:30 a.m. Dispositive motion process started by: May 4, 2020 Joint pretrial order due by: June 2, 2020. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 10/2/2019. (Orenstein, James)
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| Filing 11 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 10/2/2019. Scheduling: The next pretrial conference will be held on April 20, 2020, at 9:30 a.m. Summary: I will enter a separate case management and scheduling order that reflects, with minor modifications, the deadlines set forth in the parties' joint discovery plan. The parties shall confer and submit a joint letter by October 16, 2019, that reports whether they unanimously agree to schedule a settlement conference, refer the case to mediation, or neither. (Orenstein, James) |
| Filing 10 Proposed Scheduling Order for Discovery by Inventory Generation Inc., We Haul Inc. (Neuman, Jonathan) |
| Filing 9 Letter MOTION to Adjourn Conference on October 2, 2019 by Penske Truck Leasing Co., L.P.. (Sandercock, John) |
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ORDER denying #9 Motion to Adjourn Conference -- In the absence of consent, there is no reason to cancel the discovery planning conference simply because the defendants will seek dismissal of an amended complaint. I therefore deny the defendants' last-minute motion to adjourn. All counsel must appear in person at the conference. Ordered by Magistrate Judge James Orenstein on 10/1/2019. (Walker, Anna)
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| Filing 8 Letter with briefing schedule by Penske Truck Leasing Co., L.P. (Sandercock, John) |
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ORDER granting in part and denying in part #6 Motion for Pre Motion Conference. The Court denies the application for a pre-motion conference and directs the parties to confer and submit a joint proposed briefing schedule to include sufficient time for Plaintiffs to file an amended complaint, if Plaintiffs decide to do so, and for Defendants anticipated motion to dismiss the complaint or any amended complaint. Ordered by Judge Margo K. Brodie on 9/16/2019. (Johnson, Alexsis)
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| Filing 7 RESPONSE to Motion re #6 MOTION for pre motion conference re Rule 12(b)(6) motion filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Certificate of Title, #2 Exhibit 2 - Proof of Wires) (Neuman, Jonathan) |
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ORDER re #6 MOTION for pre motion conference filed by Penske Truck Leasing Co., L.P. The Court orders Plaintiff to respond to Defendant's letter on or before September 13, 2019. Ordered by Judge Margo K. Brodie on 9/9/2019.(Johnson, Alexsis)
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| Filing 6 MOTION for pre motion conference re Rule 12(b)(6) motion by Penske Truck Leasing Co., L.P.. (Attachments: #1 Exhibit Removal Action Complaint, #2 Exhibit Bill of Sale) (Sandercock, John) |
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Filing 5
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on, October 2, 2019, at 11:00 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than September 30, 2019, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. Each party's counsel must be personally prepared to discuss all factual and legal issues in the case, including the possibility of settlement; otherwise, the client must attend in person as well. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 8/30/2019. (Guy, Alicia)
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| Filing 4 MOTION for Extension of Time to File Answer by Penske Truck Leasing Co., L.P.. (Sandercock, John) |
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ORDER granting #4 Motion for Extension of Time to Answer -- The motion is granted on consent; Penske Truck Leasing Co., L.P. shall answer or otherwise respond to the complaint by September 20, 2019. Ordered by Magistrate Judge James Orenstein on 8/27/2019. (Gutmann, Joseph)
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| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 2 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) |
| Case assigned to Judge Margo K. Brodie and Magistrate Judge James Orenstein. 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, Kings County, case number 516615/2019. ( Filing fee $ 400 receipt number ANYEDC-11788978) (Attachments: #1 Removal Action Complaint, #2 Civil Cover Sheet) (Sandercock, John) |
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