Wedemire v. Concepcion et al
| Jeffrey A. Wedemire |
| Miller Auto Leasing Co., Luis A. Concepcion and Joshen Paper & Packing of New Jersey Co. |
| 1:2020cv01712 |
| April 7, 2020 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Ann M Donnelly |
| Roanne L Mann |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| None |
Docket Report
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| Filing 26 VERIFIED ANSWER to #24 Amended Complaint by All Defendants. (Calder-Greene, Desa) |
| Filing 25 NOTICE of Appearance by Desa Onika Calder-Greene on behalf of Joshen Paper & Packing of New Jersey Co. (aty to be noticed) (Calder-Greene, Desa) |
| Filing 24 AMENDED COMPLAINT against All Defendants, filed by Jeffrey A. Wedemire. (Schleier, Robert) |
| Filing 23 AMENDED ANSWER to Plaintiff`s Complaint by Luis A. Concepcion, Miller Auto Leasing Co.. (Calder-Greene, Desa) |
| Filing 22 Minute Entry for Telephonic Initial Conference held before Magistrate Judge Roanne L. Mann on May 7, 2020: Fact discovery is to be completed by November 6, 2020. Pleadings may be amended as of right by June 5, 2020. By July 31, 2020, the parties shall file a joint letter-motion requesting either a settlement conference or a referral of the case to court-annexed mediation. Regarding expert discovery, the deadline for plaintiff's expert disclosures is October 6, 2020; defendants' deadline is November 6, 2020. Requests for a pre-motion conference before Judge Donnelly are due by November 20, 2020. See attached Minute Entry. (Vallens, Adrian) |
| Filing 21 NOTICE of Appearance by Robert E. Schleier, Jr on behalf of Jeffrey A. Wedemire (aty to be noticed) (Schleier, Robert) |
| Filing 20 CASE MANAGEMENT STATEMENT Initial Conference Questionnaire (Calder-Greene, Desa) |
| Filing 19 INTERROGATORIES Propounded by Luis A. Concepcion, Miller Auto Leasing Co.. (Attachments: #1 Rule 26(a) Disclosure) (Calder-Greene, Desa) |
| Filing 18 RESPONSE to Discovery Request by Jeffrey A. Wedemire. (Attachments: #1 AO85 Notice Consent and Reference of a Civil Action to a Magistrate Judge TT and Deft Initial Phone Conference Questionnaire) (Schleier, Robert) |
| Filing 17 NOTICE of Appearance by Desa Onika Calder-Greene on behalf of Luis A. Concepcion (aty to be noticed) (Calder-Greene, Desa) |
| Filing 16 Letter to Judge to adjourn conference by Luis A. Concepcion, Miller Auto Leasing Co. (Calder-Greene, Desa) |
| Filing 15 NOTICE of Consent to Change Attorney by Desa Onika Calder-Greene (Calder-Greene, Desa) |
| Filing 14 NOTICE of Appearance by Desa Onika Calder-Greene on behalf of Miller Auto Leasing Co. (aty to be noticed) (Calder-Greene, Desa) |
Attorney Bonnie Lynn Fisher terminated as counsel for Miller Auto Leasing Co. Ordered by Magistrate Judge Roanne L. Mann on 5/4/2020. (LK)
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ORDER Application granted in limited part only. The May 7th telephonic conference will go forward as scheduled, with incoming counsel participating as of counsel for defendant Concepcion. (Henceforth, the Court will not consider any request for judicial action that, in violation of the Courts Individual Rules, has not been docketed as an ECF motion event and does not set forth the position of other counsel to the movant's request.) Ordered by Magistrate Judge Roanne L. Mann on 5/4/2020. (LK)
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Filing 13
SCHEDULING ORDER: A telephonic initial conference will be held in this case at 2:00 p.m. on May 7, 2020, before United States Magistrate Judge Roanne L. Mann. Dial-in information for the conference call will be provided to the parties in a separate order. SEE ATTACHED ORDER AND MANDATORY REQUIREMENTS FOR CONFERENCE. By May 6th, counsel shall file on ECF their jointly completed initial conference questionnaire. Ordered by Magistrate Judge Roanne L. Mann on 4/23/2020. (Proujansky, Josh)
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| Filing 12 Letter RE: Damages over $75K by Jeffrey A. Wedemire (Schleier, Robert) |
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ORDER re #13 Scheduling Order. To dial-in to the initial conference scheduled for May 7, 2020 at 2:00 PM, the parties are directed to call (877) 336-1839 and type in the access code 6672833. Ordered by Magistrate Judge Roanne L. Mann on 4/23/2020. (Proujansky, Josh)
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ELECTRONIC SCHEDULING ORDER: Plaintiff is directed to notify the Court, via ECF, by April 23, 2020, whether plaintiff agrees to cap his damages at $75,000. Ordered by Magistrate Judge Roanne L. Mann on 4/20/2020. (Proujansky, Josh)
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ELECTRONIC ORDER: the Court has restricted access to docket entry #11-1 to case participants because it includes medical records. Ordered by Magistrate Judge Roanne L. Mann on 4/19/2020. (Proujansky, Josh)
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| Filing 11 AFFIDAVIT/AFFIRMATION Affirmation in Opposition to Remand to Order to Show Cause by Luis A. Concepcion, Miller Auto Leasing Co. (Attachments: #1 Exhibit Letter from plaintiff with medical proofs, #2 Exhibit Jury Verdict and Settlement Summary, #3 Exhibit Photo of Plaintiff's vehicle, #4 Exhibit Order of Administrative Judge Lawrence Marks) (Fisher, Bonnie) |
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Filing 10
ORDER TO SHOW CAUSE re #1 Notice of Removal, filed by Luis A. Concepcion, Miller Auto Leasing Co. The removing defendants are directed to show cause, via ECF, by April 20, 2020, why the matter should not be remanded to state court, for the reasons discussed in the attached order. Ordered by Magistrate Judge Roanne L. Mann on 4/10/2020. (Proujansky, Josh)
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| Filing 9 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 8 Case transferred in from District of New York Southern; Case Number 1:20-cv-02319. Original file certified copy of transfer order and docket sheet received. |
| The case of Wedemire v. Concepcion et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 20cv1712. 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 7
ORDER granting #6 Motion to Transfer Case. IT IS HEREBY ORDERED that pursuant to 28 U.S.C. 1404(a), this case is immediately TRANSFERRED to the United States District Court for the Eastern District of New York. (Signed by Judge Valerie E. Caproni on 4/6/2020) (tro) [Transferred from New York Southern on 4/7/2020.]
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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.(tro) [Transferred from New York Southern on 4/7/2020.] |
| Filing 6 MOTION to Transfer Case . Document filed by Jeffrey A. Wedemire. Return Date set for 4/3/2020 at 09:30 AM..(Donnelly, Joseph) [Transferred from New York Southern on 4/7/2020.] |
| Filing 5 AFFIDAVIT OF SERVICE. Document filed by Luis A. Concepcion, Miller Auto Leasing Co...(Fisher, Bonnie) [Transferred from New York Southern on 4/7/2020.] |
| Filing 4 CIVIL COVER SHEET filed..(Fisher, Bonnie) [Transferred from New York Southern on 4/7/2020.] |
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Filing 3
ORDER: IT IS HEREBY ORDERED that no later than April 3, 2020, either party may file a letter showing cause why this case should not be transferred to the United States District Court for the Eastern District of New York pursuant to 28 U.S.C. 1404(a). If there is no objection or if any objection is not well founded, the case will be transferred. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/18/2020) (ama) [Transferred from New York Southern on 4/7/2020.]
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| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bonnie Lynn Fisher. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding); County code Bronx;. The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court); the County code has been modified to XX Out of State;. (jgo) [Transferred from New York Southern on 4/7/2020.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Bonnie Lynn Fisher to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Citizenship Defendant code - multiple selections;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) [Transferred from New York Southern on 4/7/2020.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Bonnie Lynn Fisher. The party information for the following party/parties has been modified: Jeffrey A. Wedemire; Luis A. Concepcion. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) [Transferred from New York Southern on 4/7/2020.] |
| Magistrate Judge Robert W. Lehrburger 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) [Transferred from New York Southern on 4/7/2020.] |
| Case Designated ECF. (jgo) [Transferred from New York Southern on 4/7/2020.] |
| 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 #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) [Transferred from New York Southern on 4/7/2020.] |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Fisher, Bonnie) Modified on 3/17/2020 (jgo). [Transferred from New York Southern on 4/7/2020.] |
| Filing 1 NOTICE OF REMOVAL from Supreme, County of Bronx. Case Number: 34920/2019E. (Filing Fee $ 400.00, Receipt Number ANYSDC-19126358).Document filed by Miller Auto Leasing Co., Luis Concepcion. (Attachments: #1 Exhibit Pleadings, #2 Exhibit Police Report, #3 Exhibit Affidavit of Service).(Fisher, Bonnie) [Transferred from New York Southern on 4/7/2020.] |
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