Avesyan et al v. JC Transport, Inc. et al
| Jerry Avesyan, Lucy Avesyan, Marina Badalian and Suren Sarikyan |
| JC Transport, Inc. and Jose Ernesto Ventura |
| 1:2021cv04231 |
| July 28, 2021 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Robert M Levy |
| Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on September 21, 2021. A more recent docket listing may be available from PACER.
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| Filing 31 CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Robert M. Levy for all further proceedings. Judge Brian M. Cogan no longer assigned to case 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. (Guzzi, Roseann) |
SCHEDULING ORDER: A telephone conference via AT&T audio conference is scheduled for January 12, 2022 at 10:30 a.m. before Magistrate Judge Robert M. Levy. Parties are directed to call 888-684-8852 and use access code # 6223489. Ordered by Magistrate Judge Robert M. Levy on 9/21/2021. (Marino, Janine)
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| Filing 30 CONSENT to Jurisdiction by US Magistrate Judge by JC Transport, Inc., Jose Ernesto Ventura. (Gilfillan, Curtis) |
| Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 9/10/2021. Both sides present by telephone. The Court set the following discovery schedule: parties to exchange Rule 26(a)(1) disclosures by 9/17/2021; serve written discovery requests by 10/1/2021; produce written discovery by 10/31/2021; complete fact depositions by 12/30/2021, the date fact discovery ends. (Weisberg, Peggy) |
| Set/Reset Hearing: Initial Status Conference set for 9/9/2021 is reset to 9/10/2021 at 1:15 pm Parties are directed to use the toll-free number 888-684-8852, access code 6427877# and security code 4231#. (Weisberg, Peggy). |
| Filing 29 NOTICE by JC Transport, Inc., Jose Ernesto Ventura Statement Pursuant to Rule 7.1 (Gilfillan, Curtis) |
| Filing 28 ANSWER to Complaint , First COUNTERCLAIM against Marina Badalian by All Defendants. (Gilfillan, Curtis) |
| Filing 27 NOTICE of Appearance by Curtis B. Gilfillan on behalf of All Defendants (notification declined or already on case) (Gilfillan, Curtis) |
| Filing 26 NOTICE of Change of Law Firm Once the filing has been made, you must login to www.pacer.gov and update your account. (Gilfillan, Curtis) |
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Filing 25
Order re: re #24 Notice of Consent to Change Attorney for defendants' JC Transport, Inc. and Jose Ernesto Ventura. Curtis B. Gilfillan added. Attorney Anne M. Manero terminated. ( Ordered by Judge Brian M. Cogan on 8/23/2021 ) (Guzzi, Roseann)
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| Filing 24 NOTICE of Consent to Change Attorney by Curtis B. Gilfillan (Gilfillan, Curtis) |
| Filing 23 NOTICE of Consent to Change Attorney by Curtis B. Gilfillan (Gilfillan, Curtis) |
| Filing 22 Letter MOTION to Adjourn Conference by JC Transport, Inc., Jose Ernesto Ventura. (Marziliano, August) |
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ORDER granting #22 . Initial Status Conference adjourned to 9/9/2021 at 12:30 PM. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 4231#. Ordered by Judge Brian M. Cogan on 8/11/2021. (Weisberg, Peggy)
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| NOTICE of Hearing: Initial Status Conference set for 11:00 am on 8/12/2021 is reset to 12 noon. Parties are directed to use the toll-free number 888-684-8852, access code 6427877# and security code 4231#. (Weisberg, Peggy) |
| Filing 21 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. (Davis, Kimberly) |
| Filing 20 Case transferred in from District of Pennsylvania Eastern; Case Number 2:20-cv-06216. Original file certified copy of transfer order and docket sheet received. |
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SCHEDULING ORDER: Counsel for all parties are directed to appear before the Honorable Brian M. Cogan for a telephonic Initial Status Conference on 8/12/2021 at 11:00 am. Parties are directed to use the toll-free number 888-684-8852, access code 6427877# and security code 4231#. Principal trial counsel must appear at this and all subsequent conferences. Plaintiff's counsel is directed to notify all attorneys in this action of the conference schedule in writing. Counsel is directed to review Judge Cogan's Individual Practices, which may be obtained on the Court's website at https://www.nyed.uscourts.gov/content/judge-brian-m-cogan. Requests for adjournment of the conference will be considered only if made in writing and otherwise in accordance with Judge Cogan's Rules. In addition, plaintiff is directed to serve on defendants a complete set of medical releases and authorizations prior to the conference. Ordered by Judge Brian M. Cogan on 7/28/2021. (Weisberg, Peggy)
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| The case of Avesyan et al v. JC Transport, Inc., has been transferred from Eastern District of Pennsylvania (Philadelphia) to the Eastern District of New York. The new case number is 21-cv-4231. 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. (Davis, Kimberly) |
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Filing 19
ORDER THAT DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' COMPLAINT IS DENIED WITHOUT PREJUDICE. THE CLERK OF COURT SHALL TRANSFER THE ABOVE-CAPTIONED CASE TO THE UNITED STATES DISTRICT FOR THE EASTERN DISTRICT OF NEW YORK FOR ALL FURTHER PROCEEDINGS. BY AGREEMENT OF THE PARTIES, DEFENDANTS SHALL HAVE 30 DAYS FROM THE DATE THE CASE IS DOCKETED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK TO RESPOND TO THE COMPLAINT. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 7/26/21.7/28/21 ENTERED AND COPIES E-MAILED.(mbh, ) [Transferred from Pennsylvania Eastern on 7/28/2021.]
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Filing 18
ORDER THAT THE HEARING ON THE MOTION TO DISMISS PLAINTIFFS' COMPLAINT SCHEDULED TO BE HELD ON 7/9/21 AT 10:00 AM IS RESCHEDULED TO 7/22/2021 AT 10:00 AM IN COURTROOM 13A BEFORE HONORABLE JOEL H. SLOMSKY. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 7/8/21. 7/8/21 ENTERED AND COPIES E-MAILED.(mbh, ) [Transferred from Pennsylvania Eastern on 7/28/2021.]
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| Filing 17 NOTICE of Withdrawal of Appearance by GREGORY J. KOWALSKI on behalf of JERRY AVESYAN, LUCY AVESYAN, MARINA BADALIAN, SUREN SARIKYAN(KOWALSKI, GREGORY) [Transferred from Pennsylvania Eastern on 7/28/2021.] |
| Filing 16 NOTICE of Appearance by GREGORY J. KOWALSKI on behalf of JERRY AVESYAN, LUCY AVESYAN, MARINA BADALIAN, SUREN SARIKYAN. (FILED IN ERROR BY ATTORNEY; DUPLICATE FILING, SEE PAPER #14 ). (KOWALSKI, GREGORY) Modified on 6/4/2021 (fb). [Transferred from Pennsylvania Eastern on 7/28/2021.] |
| Filing 15 NOTICE of Withdrawal of Appearance by GREGORY J. KOWALSKI on behalf of JERRY AVESYAN, LUCY AVESYAN, MARINA BADALIAN, SUREN SARIKYAN. (FILED IN ERROR BY ATTORNEY; DOCUMENT FILED IN WRONG CASE).(KOWALSKI, GREGORY) Modified on 6/3/2021 (fb). [Transferred from Pennsylvania Eastern on 7/28/2021.] |
| Filing 14 NOTICE of Appearance by GREGORY J. KOWALSKI on behalf of JERRY AVESYAN, LUCY AVESYAN, MARINA BADALIAN, SUREN SARIKYAN(KOWALSKI, GREGORY) Modified on 6/2/2021 (fb). [Transferred from Pennsylvania Eastern on 7/28/2021.] |
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Filing 13
ORDER THAT A HEARING ON THE MOTION TO DISMISS WILL BE HELD ON 7/9/21 AT 10:00 A.M. IN COURTROOM 13A; ETC.. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 5/4/21. 5/4/21 ENTERED AND E-MAILED.(JL ) [Transferred from Pennsylvania Eastern on 7/28/2021.]
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| Filing 12 Praecipe to Withdraw Plaintiffs' Motion to Compel Discovery by JERRY AVESYAN, LUCY AVESYAN, MARINA BADALIAN, SUREN SARIKYAN. (PANSINI, MICHAEL) Modified on 5/5/2021 (fb). [Transferred from Pennsylvania Eastern on 7/28/2021.] |
| Filing 11 MOTION to Compel filed by JERRY AVESYAN, LUCY AVESYAN, MARINA BADALIAN, SUREN SARIKYAN.Certification of Counsel, Certificate of Service.(PANSINI, MICHAEL) [Transferred from Pennsylvania Eastern on 7/28/2021.] |
| Filing 10 RESPONSE in Support re #2 MOTION to Dismiss filed by JC TRANSPORT, INC., JOSE ERNESTO VENTURA. (MANERO, ANNE) [Transferred from Pennsylvania Eastern on 7/28/2021.] |
| Filing 9 Praecipe to Reinstate Complaint by JERRY AVESYAN, LUCY AVESYAN, MARINA BADALIAN, SUREN SARIKYAN. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(PANSINI, MICHAEL) Modified on 1/22/2021 (fb). [Transferred from Pennsylvania Eastern on 7/28/2021.] |
| Filing 8 RESPONSE in Opposition re #2 MOTION to Dismiss Plaintiffs' Complaint filed by JERRY AVESYAN, LUCY AVESYAN. (Attachments: #1 Memorandum Memorandum, #2 Text of Proposed Order Order, #3 Certificate of Service Certificate of Service, #4 Exhibit Exhibit A)(PANSINI, MICHAEL) [Transferred from Pennsylvania Eastern on 7/28/2021.] |
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Filing 7
ORDERED THAT AN EXTENSION IS GRANTED. DEFENDANT SHALL FILE THEIR RESPONSE TO PLAINTIFFS COMPLAINT BY JANUARY 22, 2021. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 1/6/21. 1/7/21 ENTERED AND COPIES E-MAILED.(jaa, ) Modified on 1/7/2021 (jaa, ). *FILED IN ERROR AND REPLACING PDF. (Main Document 7 replaced on 1/7/2021) (jaa, ). [Transferred from Pennsylvania Eastern on 7/28/2021.]
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| Filing 6 Original Record together with certified copy of docket entries received from Court of Common Pleas of PHILADELPHIA County. (afm, ) [Transferred from Pennsylvania Eastern on 7/28/2021.] |
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Filing 5
ORDER THAT RESPONSE TO DEFENDANTS MOTION TO DISMISS IS DUE BY 1/13/21. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 12/30/20. 12/30/20 ENTERED AND COPIES E-MAILED.(rf, ) [Transferred from Pennsylvania Eastern on 7/28/2021.]
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| Filing 4 NOTICE of Appearance by STEVEN M. MEZROW on behalf of JERRY AVESYAN, LUCY AVESYAN, MARINA BADALIAN, SUREN SARIKYAN (MEZROW, STEVEN) [Transferred from Pennsylvania Eastern on 7/28/2021.] |
| Filing 3 NOTICE of Appearance by ADAM C. DAVIS on behalf of JERRY AVESYAN, LUCY AVESYAN, MARINA BADALIAN, SUREN SARIKYAN (DAVIS, ADAM) [Transferred from Pennsylvania Eastern on 7/28/2021.] |
| Filing 2 MOTION to Dismiss filed by JC TRANSPORT, INC., JOSE ERNESTO VENTURA.BRIEF AND CERTIFICATE OF SERVICE. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B, #3 Exhibit EXHIBIT C)(MANERO, ANNE) [Transferred from Pennsylvania Eastern on 7/28/2021.] |
| Filing 1 NOTICE OF REMOVAL by JOSE ERNESTO VENTURA, JC TRANSPORT, INC. (Filing fee $ 402 receipt number 0313-14771810), filed by JOSE ERNESTO VENTURA, JC TRANSPORT, INC.. (Attachments: #1 Exhibit EXHIBIT A)(MANERO, ANNE) (Additional attachment(s) added on 12/10/2020: #2 Designation Form Corrected) (fb, ). [Transferred from Pennsylvania Eastern on 7/28/2021.] |
| DEMAND for Trial by Jury by JC TRANSPORT, INC., JOSE ERNESTO VENTURA. (fb) [Transferred from Pennsylvania Eastern on 7/28/2021.] |
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