Vasquez v. J.B. Hunt Transport, Inc. et al
| Lauren Vasquez |
| J.B. Hunt Transport, Inc. and Nichoy M. Tracey |
| Gary Shaffer |
| 1:2022cv00372 |
| January 21, 2022 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Pamela K Chen |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Plaintiff |
Docket Report
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| Filing 13 STIPULATION of Dismissal with Prejudice by J.B. Hunt Transport, Inc., Nichoy M. Tracey (Levy, Stephen) |
| Civil Case Terminated. See #13 Stipulation of Dismissal. (Mahkamova, Shirin) |
ORDER: The Court held a telephone status conference in plaintiff's diversity personal injury case on June 28, 2022. The parties report that they have reached a settlement in principle. The Court commends the parties for their efforts to resolve this matter. The parties shall file their stipulation discontinuing this case by July 28, 2022. Ordered by Magistrate Judge Lois Bloom on 6/28/2022. (Kaplan, Isaac)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 6/28/2022 (AT&T Log #: 10:34-10:40). (Kaplan, Isaac) |
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ORDER: It is has been reported that this matter did not settle after a mediation. See docket entry dated May 20, 2022. The Court shall hold a telephone conference on June 28, 2022 at 10:30 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 10:30 a.m. on June 28, 2022. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 5/23/2022. (Rein, Gilbert)
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| REPORT of Mediation unsettled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session.Mediation Report due by 6/3/2022. (Weinstein, Robyn) |
| SELECTION OF MEDIATOR Gary Shaffer selected as Mediator. The first mediation session will take place remotely on May 6, 2022. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms.The Mediation Report must be submitted within two weeks following mediation session. (Weinstein, Robyn) |
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ORDER: Defendants, with plaintiff's consent, request an extension of time to complete a mediation. ECF No. #12 . The request is granted. The parties shall complete a mediation by May 13, 2022. The parties shall file a letter regarding the status of mediation by May 20, 2022. Ordered by Magistrate Judge Lois Bloom on 3/31/2022. (Rein, Gilbert)
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| Filing 12 Letter MOTION to Adjourn Conference / Letter to The Honorable Lois Bloom Re: Joint Letter to Federal Court Re: Mediation by J.B. Hunt Transport, Inc., Nichoy M. Tracey. (Levy, Stephen) |
| Filing 11 Corporate Disclosure Statement by J.B. Hunt Transport, Inc., Nichoy M. Tracey identifying Corporate Parent J.B. Hunt Transport, Inc., Corporate Parent T. Rowe Price Group, Inc. for J.B. Hunt Transport, Inc.. (Levy, Stephen) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 3/10/2022. (AT&T Log #10:32-10:59.) (Rein, Gilbert) |
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ORDER: The Court held a telephone conference in plaintiff's diversity personal injury case on March 10, 2022 and referred the matter to Court annexed mediation. The parties are directed to contact Robyn Weinstein, the Court's ADR Administrator, at (718) 613-2578. The parties shall select a mediator by March 31, 2022. The mediation must be completed by April 25, 2022. In advance of the mediation, the parties shall exchange any outstanding fact discovery. A representative from J.B. Hunt with full settlement authority shall be available throughout the mediation. The parties shall file a letter regarding the status of mediation by May 2, 2022. Ordered by Magistrate Judge Lois Bloom on 3/10/2022. (Rein, Gilbert)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (Priftakis, Tina) |
| Filing 10 REPORT of Rule 26(f) Planning Meeting (Liebman, Barry) |
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ORDER: The Court shall hold a telephone conference on March 10, 2022 at 10:30 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 10:30 a.m. on March 10, 2022. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. Sanctions shall be imposed on any party who fails to timely appear. Ordered by Magistrate Judge Lois Bloom on 2/22/2022. (Rein, Gilbert)
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| Filing 9 MOTION to Adjourn Conference / Letter Motion to Honorable Lois Bloom Re: Joint Letter to Federal Court Scheduling another Court Conference by J.B. Hunt Transport, Inc., Nichoy M. Tracey. (Levy, Stephen) |
| Filing 8 DEMAND for Trial by Jury by Lauren Vasquez (Liebman, Barry) |
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ORDER: This matter was removed from Queens County Supreme Court on January 21, 2022. ECF No. #1 . The Court scheduled an initial telephone conference for today, February 17, 2022, at 10:00 a.m. and ordered the parties to file their Rule 26(f) Meeting Report by February 10, 2022. See Electronic Order dated Jan. 25, 2022. The Court's scheduling order directed the parties to call into the Chambers conference line and contained both the conference line number and the access code. Id. The parties failed to file their Rule 26(f) Meeting Report as ordered and both parties failed to appear at today's conference. The Court emailed the parties, provided the conference telephone number and access code, and directed them to promptly join the conference. The parties still failed to appear. Neither party contacted the Court to request an adjournment. Defendants' counsel Stephen Levy ultimately interrupted another case conference by calling into the Chamber's conference line over forty-five minutes late. The attorneys' failure to appear as ordered by the Court is unacceptable. Rule 16(f) of the Federal Rules of Civil Procedure provides: "[o]n motion or on its own, the court may issue any just orders, including those authorized by Rule 37(b)(2)(A)(ii)-(vii), if a party or its attorney... fails to appear at a scheduling or other pretrial conference...." See Supe v. Canon USA, No. 11-CV-3827(ADS)(AKT), 2012 WL 1898936, *1 (E.D.N.Y. May 24, 2012). Under Rule 37(b)(2)(A), the Court may dismiss an action or enter a default judgment for a partys failure to comply with a Court order. Counsel for both parties shall show good cause in writing by February 24, 2022 why they failed to appear at today's conference. If counsel fails to show good cause for their failure to appear, an appropriate sanction shall be entered which may include dismissal of this case or that a default judgment should be entered against defendants. Ordered by Magistrate Judge Lois Bloom on 2/17/2022. (Rein, Gilbert)
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| Filing 7 VERIFIED ANSWER to Complaint by J.B. Hunt Transport, Inc., Nichoy M. Tracey. (Attachments: #1 Affidavit of Service to Verified Answer) (Luis, Anthony) |
| Filing 6 NOTICE of Appearance by Stephen Levy on behalf of J.B. Hunt Transport, Inc., Nichoy M. Tracey (aty to be noticed) (Levy, Stephen) |
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SCHEDULING ORDER: Defendants J.B. Hunt Transport, Inc., and Nichoy M. Tracey removed this personal injury case from Queens County Supreme Court on January 21, 2022. ECF No. #1 . Defendants shall respond to plaintiff's Complaint by January 28, 2022. F.R.C.P. 81(c)(2)(C). Any party seeking a trial by jury shall file a jury demand by January 21, 2022. Fed. R. Civ. P. 81(c)(3)(A). The Court shall hold the initial conference by telephone on February 17, 2022 at 10:00 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 10:00 a.m. The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by February 10, 2022. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 1/25/2022. (Yindra, Hannah)
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) |
| Filing 4 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. (Neptune, Pierre) |
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ORDER: Defendants' renewed removal complaint, this time attaching an email from Plaintiff stating a total damage demand of $2.5 million, cures the defect of the prior removal action with respect to satisfying the jurisdictional amount. See Moltner v. Starbucks Coffee Co., No. 08-CV-9257(LAP)(AJP), 2009 WL 510879 (S.D.N.Y. 2009), aff'd, Moltner v. Starbucks Coffee Co., 624 F.3d 34, 38 (2d Cir. 2010) (finding plaintiff's letter specifying total damages demand in excess of $3 million, sent in response to defendant's NYCPLR 3017(c) supplemental demand, satisfied jurisdictional requirement for removal to federal court and triggered 30-day window for removal). Ordered by Judge Pamela K. Chen on 1/24/2022. (Mahkamova, Shirin)
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| This case has been opened in the Eastern District of New York. 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. (Neptune, Pierre) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Lois Bloom. 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. (Neptune, Pierre) |
| Filing 3 Corporate Disclosure Statement by J.B. Hunt Transport, Inc., Nichoy M. Tracey identifying Corporate Parent J.B. Hunt Transport, Inc., Corporate Parent T. Rowe Price Group, Inc. for J.B. Hunt Transport, Inc.. (Luis, Anthony) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by J.B. Hunt Transport, Inc., Nichoy M. Tracey (Luis, Anthony) |
| Filing 1 NOTICE OF REMOVAL by J.B. Hunt Transport, Inc., Nichoy M. Tracey from Supreme Court, Queens County, case number 704097/2020. ( Filing fee $ 402 receipt number ANYEDC-15216843) (Attachments: #1 Exhibit "A" - Summons & Complaint, #2 Exhibit "B" - Notice of Removal Doc., #3 Exhibit "C" - Remand Order, #4 Exhibit "D" - E-Mail Re: Demand, #5 Affidavit Re: Notice of Removal (AOS)) (Luis, Anthony) |
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