Rosario v. Fuentes Guedes et al
| JUANA ROSARIO |
| EZEQUIEL A. FUENTES GUEDES and CLASSIC BUS LINES, INC. |
| 1:2019cv06581 |
| November 21, 2019 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Motor Vehicle |
| 28 U.S.C. ยง 1441 Petition for Removal- Auto Negligence |
| None |
Docket Report
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| CASE: 1:19-cv-06581 DETAILS: Case transferred from New York Eastern has been opened in District of New Jersey [LIVE] as case 2:19-cv-21840, filed 12/23/2019. (Marziliano, August) |
| Filing 8 Letter Re: Motion by Juana Rosario (Jean-Jacques, Michelle) |
ORDER TRANSFERRING CASE. At a premotion conference in this automobile accident case, it became apparent that defendants are not subject to personal jurisdiction in New York state. Defendants are Florida citizens, and are not "at home" in New York. The accident occurred on the NJ Turnpike so there is no specific jurisdiction over defendants. Defendants orally moved to transfer this action to the District of New Jersey under 28 U.S.C. 1406. Plaintiff has consented to the motion. The motion is therefore granted, and the case is transferred to the District of New Jersey. The seven-day waiting period under the EDNY Local Rules is waived. Ordered by Judge Brian M. Cogan on 12/13/2019. (Cogan, Brian)
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| Filing 7 NOTICE of Appearance by Nicholas Peter Giannopoulos on behalf of All Plaintiffs (aty to be noticed) (Giannopoulos, Nicholas) |
| Minute Entry and Order for Pre-motion Conference held on 12/6/2019 before Judge Brian M. Cogan. Counsel for both sides present. Defendant orally moved for transfer of venue pursuant to 28 U.S.C. 1406. Decision reserved. Plaintiff shall file her opposition, if any, by 12/13/2019. See transcript for details. (Court Reporter: Denise Parisi.) (Weisberg, Peggy) |
| Filing 6 RESPONSE in Opposition re #4 MOTION for pre motion conference on 12/6/19 at 2:15pm filed by Juana Rosario. (Jean-Jacques, Michelle) |
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SCHEDULING ORDER: The time of the Premotion conference previously set for 12/6/2019 at 10:00 AM is reset to 2:15 PM in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 12/4/2019. (Clarke, Melonie)
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| Filing 5 NOTICE of Appearance by Michelle Jean-Jacques on behalf of Juana Rosario (aty to be noticed) (Jean-Jacques, Michelle) |
| Filing 4 MOTION for pre motion conference by Classic Bus Lines, Inc., Ezequiel A. Fuentes Guedes. (Miller, Michael) |
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SCHEDULING ORDER: Plaintiff is directed to file a detailed response to defendants' #4 letter by 12/3/2019. A Premotion Conference on defendants' proposed motion to transfer venue will be held on 12/6/2019 at 10:00 am in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 11/26/2019. (Weisberg, Peggy)
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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 Brian M. Cogan. 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 of New York, case number 708293\2019. ( Filing fee $ 400 receipt number ANYEDC-12086907) (Attachments: #1 Appendix of Exhibits, #2 Civil Cover Sheet) (Miller, Michael) |
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