Prelvukaj v. Naselli et al
| Nora Prelvukaj |
| Volpe Dedicated Inc., Rite Aid HDQTRS Corp, Rite Aid of New York Inc. and Mark Joseph Naselli |
| 1:2019cv05939 |
| October 22, 2019 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Peggy Kuo |
| Motor Vehicle |
| 28 U.S.C. § 1446 Petition for Removal- Personal Injury |
| Defendant |
Docket Report
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ORDER REGARDING FILING AT #28 : The parties are directed not to file discovery materials on the docket unless the materials are filed in connection with a request for court intervention. See Local Civil Rule 5.1. Discovery materials are to be served on opposing counsel, not filed with the Court. Ordered by Magistrate Judge Peggy Kuo on 12/16/2019. (Riquelme, Claudia)
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| Filing 28 RESPONSE to Discovery Request by Nora Prelvukaj. (Linden, Jason) |
| Filing 27 Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on 12/13/19. Attorney Jason A. Linden appeared on behalf of plaintiff. Attorney Lorne M. Reiter appeared on behalf of defendants. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. A settlement conference is scheduled for August 19, 2020 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 to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by August 11, 2020. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. An ex parte call with plaintiff's counsel is scheduled for August 17, 2020 at 4:00 pm and one with defense counsel at 4:30 pm. Counsel are directed to call Chambers at 718-613-2400 for their respective ex-parte calls. (FTR Log #10:09-10:29.) (Riquelme, Claudia) |
| Filing 26 Proposed Scheduling Order by Mark Joseph Naselli, Rite Aid HDQTRS Corp, Volpe Dedicated Inc. (Reiter, Lorne) |
| Filing 25 MOTION to Adjourn Conference by Mark Joseph Naselli, Rite Aid HDQTRS Corp, Volpe Dedicated Inc.. (Reiter, Lorne) |
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ORDER granting #25 Motion to Adjourn Conference. The Initial Conference set for November 26, 2019 at 10:00 AM is rescheduled to December 13, 2019 at 10:00 am in Courtroom 11C South before Magistrate Judge Peggy Kuo. Counsel are reminded to file the proposed discovery plan referenced at #24 before the conference. Ordered by Magistrate Judge Peggy Kuo on 11/15/2019. (Riquelme, Claudia)
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Filing 24
SCHEDULING ORDER: An Initial Conference will be held in this case on November 26, 2019 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 10/23/2019. (Attachments: #1 Proposed Discovery Plan) (Riquelme, Claudia)
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| Filing 23 AMENDED COMPLAINT against Nora Prelvukaj, filed by Nora Prelvukaj. (Linden, Jason) |
| Filing 22 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 21 Case transferred in from District of New York Southern; Case Number 1:19-cv-07481. Original file certified copy of transfer order and docket sheet received. |
| The case of Prelvukaj v. Naselli et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 19cv5939. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
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Filing 20
ORDER: withdrawing #5 Letter Motion for Local Rule 37.2 Conference; withdrawing #5 Letter Motion for Leave to File Document. IT IS HEREBY ORDERED that Rite Aid HDQTRS Corp. is substituted for Defendant Rite Aid of New York, Inc. The Clerk of Court is respectfully directed to amend the docket sheet to reflect the dismissal of Rite Aid of New York, Inc. and the addition of Rite Aid HDQTRS Corp as a defendant. The updated caption shall be Nora Prelvukaj v. Mark Joseph Naselli, Volpe Dedicated Inc., and Rite Aid HDQTRS Corp. Plaintiff's request to withdraw his motion is granted, and the Clerk of Court is respectfully directed to terminate the open motion at docket entry 5. The Clerk of Court is further requested to immediately transfer this case to the Eastern District of New York. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/18/2019) (ama) [Transferred from New York Southern on 10/22/2019.]
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York (ama) [Transferred from New York Southern on 10/22/2019.] |
| Filing 19 CONSENT LETTER addressed to Judge Valerie E. Caproni from Jason Linden dated October 16, 2019 re: Outstanding Confidentiality Issue -Resolved. Document filed by Nora Prelvukaj.(Linden, Jason) [Transferred from New York Southern on 10/22/2019.] |
| Filing 18 STATUS REPORT. Document filed by Mark Joseph Naselli, Volpe Dedicated, Inc..(Reiter, Lorne) [Transferred from New York Southern on 10/22/2019.] |
| Set/Reset Hearings: Initial Conference set for 10/18/2019 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (anc) [Transferred from New York Southern on 10/22/2019.] |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 9/27/2019. (anc) [Transferred from New York Southern on 10/22/2019.] |
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Filing 17
ORDER: IT IS HEREBY ORDERED that the initial conference is continued to 10:00 A.M. on October 18, 2019. A joint letter is due from the parties no later than October 11, 2019, explaining whether the parties have exchanged necessary information regarding the identity of the Rite Aid entity involved in this case, and whether the parties have reached an agreement as to the correct Rite Aid defendant. To the extent that there is a disagreement, the joint letter must set forth the parties' respective positions. SO ORDERED., ( Initial Conference set for 10/18/2019 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 9/27/2019) (ama) [Transferred from New York Southern on 10/22/2019.]
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| Filing 16 ANSWER to Complaint with JURY DEMAND. Document filed by Mark Joseph Naselli, Volpe Dedicated, Inc.. (Attachments: #1 Affidavit Certification of service)(Reiter, Lorne) [Transferred from New York Southern on 10/22/2019.] |
| Filing 15 PROPOSED CASE MANAGEMENT PLAN. Document filed by Mark Joseph Naselli, Volpe Dedicated, Inc.. (Reiter, Lorne) [Transferred from New York Southern on 10/22/2019.] |
| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE re: #6 Order to Show Cause,,. Document filed by Mark Joseph Naselli, Volpe Dedicated, Inc.. (Attachments: #1 Exhibit A - Verified Complaint)(Reiter, Lorne) [Transferred from New York Southern on 10/22/2019.] |
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Filing 13
MEMO ENDORSEMENT on re: #12 Letter filed by Volpe Dedicated, Inc., Mark Joseph Naselli. ENDORSEMENT: Defendants' reply shall be due September 10, 2019. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/4/2019) (jca) [Transferred from New York Southern on 10/22/2019.]
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| Filing 12 LETTER addressed to Judge Valerie E. Caproni from Lorne Reiter dated 9/3/19 re: pending order to show cause. Document filed by Mark Joseph Naselli, Volpe Dedicated, Inc..(Reiter, Lorne) [Transferred from New York Southern on 10/22/2019.] |
| Filing 11 LETTER RESPONSE in Support of Motion addressed to Judge Valerie E. Caproni from Jason Linden dated September 3, 2019 re: #5 FIRST LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Valerie E. Caproni from Jason A. Linden dated August 14, 2019.SECOND LETTER MOTION for Leave to File Motion to Remand addressed to Judge Valerie E. Caproni from Jason A. Linden dated August 14, 2019. Response in Support of Remand. Document filed by Nora Prelvukaj. (Linden, Jason) [Transferred from New York Southern on 10/22/2019.] |
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Filing 10
MEMO ENDORSEMENT on re: #9 Response to Order to Show Cause, filed by Volpe Dedicated, Inc., Mark Joseph Naselli. ENDORSEMENT: No later than September 6, 2019, Plaintiff must either file a response to Defendants' arguments or amend her complaint to ensure complete diversity. If Plaintiff opts to file a response, she must address the applicability of cases holding that a plaintiff may not defeat diversity jurisdiction by joining a non-diverse defendant who bears no real connection to the case. See, e.g., Pampillonia v. RJR Nabisco, Inc., 138 F.3d 459, 460-61 (2d Cir. 1998) ("[A] plaintiff may not defeat a federal court's diversity jurisdiction and a defendant's right of removal by merely joining as defendants parties with no real connection with the controversy."); see also Lincoln Prop. Co. v. Roche, 546 U.S. 81, 93 (2005) ("Ordinarily, a court will not interfere with the consequences of a plaintiff's selection in naming parties, unless the plaintiff has impermissibly manufactured diversity or used an unacceptable device to defeat diversity." (citation omitted)); Chesapeake & O. R. Co. v. Cockrell, 232 U.S. 146, 152 (1914) (holding that "right of removal cannot be defeated by a fraudulent joinder of a resident defendant having no real connection with the controversy"). (Signed by Judge Valerie E. Caproni on 8/24/2019) (rj) [Transferred from New York Southern on 10/22/2019.]
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| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE re: #6 Order to Show Cause,,. Document filed by Mark Joseph Naselli, Volpe Dedicated, Inc.. (Attachments: #1 Exhibit affidavit, #2 Exhibit police report, #3 Exhibit 8/20/19 letter, #4 Exhibit 8/20/19 e-mail)(Kaufman, Sharon) [Transferred from New York Southern on 10/22/2019.] |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mark Joseph Naselli, Volpe Dedicated, Inc.. (Attachments: #1 Affidavit Certification of service)(Reiter, Lorne) [Transferred from New York Southern on 10/22/2019.] |
| Filing 7 NOTICE OF APPEARANCE by Sharon Beth Kaufman on behalf of Mark Joseph Naselli, Volpe Dedicated, Inc.. (Kaufman, Sharon) [Transferred from New York Southern on 10/22/2019.] |
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Filing 6
ORDER with respect to #5 Letter Motion for Local Rule 37.2 Conference; with respect to #5 Letter Motion for Leave to File Document. Defendants are hereby directed to show cause why this matter should not be remanded for lack of subject-matter jurisdiction due to incomplete diversity, no later than August 23, 2019. Plaintiff must file any response by August 30, 2019. Defendants must file any reply by September 6, 2019. SO ORDERED. (Show Cause Response due by 8/30/2019.) (Signed by Judge Valerie E. Caproni on 8/14/19) (yv) [Transferred from New York Southern on 10/22/2019.]
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| Set/Reset Deadlines: Replies due by 9/6/2019. (yv) [Transferred from New York Southern on 10/22/2019.] |
| Filing 5 FIRST LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Valerie E. Caproni from Jason A. Linden dated August 14, 2019., SECOND LETTER MOTION for Leave to File Motion to Remand addressed to Judge Valerie E. Caproni from Jason A. Linden dated August 14, 2019. Document filed by Nora Prelvukaj. (Attachments: #1 Exhibit Entity Information)(Linden, Jason) [Transferred from New York Southern on 10/22/2019.] |
| Filing 4 NOTICE OF APPEARANCE by Jason A. Linden on behalf of Nora Prelvukaj. (Linden, Jason) [Transferred from New York Southern on 10/22/2019.] |
| Filing 3 NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on September 27, 2019 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. Initial Conference set for 9/27/2019 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 8/13/2019) (js) [Transferred from New York Southern on 10/22/2019.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lorne Mitchell Reiter. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (sj) [Transferred from New York Southern on 10/22/2019.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lorne Mitchell Reiter. The party information for the following party/parties has been modified: Rite Aid of New York Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj) [Transferred from New York Southern on 10/22/2019.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (sj) [Transferred from New York Southern on 10/22/2019.] |
| Case Designated ECF. (sj) [Transferred from New York Southern on 10/22/2019.] |
| Magistrate Judge Stewart D. Aaron 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: #http://nysd.uscourts.gov/forms.php. (sj) [Transferred from New York Southern on 10/22/2019.] |
| Filing 2 CIVIL COVER SHEET filed. (Reiter, Lorne) [Transferred from New York Southern on 10/22/2019.] |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 156511/19. (Filing Fee $ 400.00, Receipt Number ANYSDC-17404248).Document filed by Volpe Dedicated, Inc., Mark Joseph Naselli. (Attachments: #1 Exhibit A - Verified Complaint, #2 Exhibit B - Summons, #3 Exhibit C - demand for ad damnum, #4 Exhibit D - Response to demand for ad damnum, #5 Affidavit Cert. of Service)(Reiter, Lorne) [Transferred from New York Southern on 10/22/2019.] |
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