Macareno v. Delta Air Lines, Inc. et al
| Yenifer Macareno |
| Christian G. Calix and Delta Air Lines, Inc. |
| 1:2020cv06323 |
| December 29, 2020 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Roanne L Mann |
| Airplane |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 15 1:20-cv-06323 ANSWER to Complaint (Notice of Removal) Attorneys for Defendants DELTA AIR LINES, INC. and CRISTIAN G. CALIX by Yenifer Macareno. (Attachments: #1 The Motor Vehicle Crash Report, #2 Photographs depicting the damages to the vehicle operated by plaintiff, #3 HIPAA compliant authorizations, #4 Plaintiff Medical Records, #5 Plaintiff Medical Records Part 2) (Abruzzino, Robert) |
Filing 14
SCHEDULING ORDER: A telephonic initial conference will be held on March 4, 2021 @ 10:30 a.m. before Magistrate Judge Roanne L. Mann. SEE ATTACHED: ORDER, INITIAL CONFERENCE QUESTIONNAIRE, AND MANDATORY REQUIREMENTS FOR CONFERENCE.Counsel are directed to confer to jointly fill out and docket the attached questionnaire by 3:00 p.m. on March 2, 2021. *** To dial in to the initial conference, the parties are directed to call (877) 336-1839 and type in the access code 6672833.If the parties are initially unable to connect to the call, please try again as the third-party conference call system has been overloaded at times. Ordered by Magistrate Judge Roanne L. Mann on 2/9/2021. (LK)
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| Filing 13 NOTICE by Christian G. Calix, Delta Air Lines, Inc. re #1 Notice of Removal, Amended Notice of Removal (Attachments: #1 Exhibit A- Affidavit of Service (Secretary of State), #2 Exhibit B- Summons and Complaint, #3 Exhibit C- Plaintiff's Letter to Delta of May 15, 2019, #4 Exhibit D- The Port Authoritys Tender Letter to Delta attaching Plaintiffs Verified Notice of Claim) (Martinez, Louis) |
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Filing 12
MEMORANDUM DECISION AND ORDER. I adopt Judge Mann's thoughtful and well-reasoned Report and Recommendation. By February 12, 2021, the defendants are directed to file an Amended Notice of Removal, or I will remand this action to state court. Ordered by Judge Ann M. Donnelly on 2/5/2021. (Greene, Donna)
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| Filing 11 OBJECTION to #10 Report and Recommendations filed by All Defendants. (Attachments: #1 Exhibit A- Summons and Complaint Received by Delta, #2 Exhibit B- Plaintiff's Attorneys' Letter to Delta of May 15, 2019, #3 Exhibit C- The Port Authority's Tender Letter to Delta attaching Plaintiffs Notice of Claim, #4 Exhibit D- Plaintiff's Affidavit of Service on Calix) (Maragoudakis, Michael) |
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Filing 10
SUA SPONTE REPORT AND RECOMMENDATIONS re #1 Notice of Removal, filed by Christian G. Calix, Delta Air Lines, Inc. For the reasons set forth in the attached, the Court respectfully recommends that this action be remanded sua sponte to Supreme Court, Kings County, for lack of jurisdiction. Objections to R&R due by 1/20/2021. Ordered by Magistrate Judge Roanne L. Mann on 1/6/2021. (Proujansky, Josh)
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| Filing 9 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 8 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 7 Civil Cover Sheet.. by Christian G. Calix, Delta Air Lines, Inc. (Martinez, Louis) |
| Filing 6 ANSWER to Complaint by Christian G. Calix. (Martinez, Louis) |
| Filing 5 ANSWER to Complaint by Delta Air Lines, Inc.. (Martinez, Louis) |
| Filing 4 NOTICE of Appearance by Michael G. Maragoudakis on behalf of Christian G. Calix, Delta Air Lines, Inc. (aty to be noticed) (Maragoudakis, Michael) |
| Filing 3 Corporate Disclosure Statement by Delta Air Lines, Inc. (Martinez, Louis) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by Christian G. Calix, Delta Air Lines, Inc. (Martinez, Louis) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Kings County New York Supreme Court, case number 521595/2020. ( Filing fee $ 402 receipt number ANYEDC-13907077) (Attachments: #1 Exhibit A - Proof of Service, #2 Exhibit B - Summons and Complaint) (Martinez, Louis) |
| Case Assigned to Judge Ann M Donnelly and Magistrate Judge Roanne L. Mann. 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) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet (MISSING SECOND PAGE FORM). All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla) |
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