Vasquez v. United Parcel Service, Inc. et al
| Raymond Vasquez |
| United Parcel Service, Inc. and Miles Paul James |
| 1:2023cv02960 |
| April 20, 2023 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Dora Lizette Irizarry |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| None |
Docket Report
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ORDER: Defendants failed to file a revised Rule 7.1 disclosure statement by 5/23/2023 as reflected in the Court's order dated 5/16/2023. In addition, Plaintiff failed to file a Rule 7.1 statement by 5/18/2023 as reflected in the Court's order dated 5/11/2023. The parties are each given one final opportunity until 6/23/2023 to file disclosure statements in compliance with Rule 7.1. Failure to comply may lead to the imposition of sanctions or dismissal of the case for failure to demonstrate subject matter jurisdiction, or both. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/16/2023. (IS)
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ORDER: Defendants filed a Rule 7.1 disclosure statement #4 identifying United Parcel Service, Inc. ("UPS") as "an Ohio corporation." That is not sufficient to infer that this Court has subject matter jurisdiction over this case. "For diversity purposes, a corporation is considered a citizen of the state in which it is incorporated and the state of its principal place of business." Bayerische Landesbank, N.Y. Branch v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 48 (2d Cir. 2012); see also 28 U.S.C. 1332(c)(1). Here, Defendants' disclosure statement fails to identify UPS's principal place of business. Defendants shall file a revised disclosure statement, including information about both UPS's place of incorporation and principal place of business, by 5/23/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/16/2023. (IS)
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| Filing 4 Corporate Disclosure Statement by Miles Paul James, United Parcel Service, Inc. identifying Corporate Parent United Parcel Service, Inc. for United Parcel Service, Inc.. (Kritzer, David) |
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ORDER: The parties failed to file their Rule 7.1 disclosure statements by 5/2/2023 as reflected in the Court's order dated 4/25/2023. The newly amended Rule 7.1, which became effective on December 1, 2022, provides: "In an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party or intervenor must...file a disclosure statement." Fed. R. Civ. P. 7.1(a)(2). "The statement must name--and identify the citizenship of--every individual or entity whose citizenship is attributed to that party or intervenor: when the action is filed in or removed to federal court[.]" Id. Counsel for both sides are directed to review the newly amended Rule 7.1, and file compliant statements by 5/18/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/11/2023. (IS)
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ORDER: The parties are reminded to file their required Rule 7.1 disclosure statements, because in this case, the alleged subject matter jurisdiction is based upon diversity of citizenship. Failure to file the required disclosure statements by 5/2/2023 may lead to sanctions, including dismissal of the action, entry of default, or other appropriate remedies. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/25/2023. (IS)
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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. (KD) |
| 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. (KD) |
| 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. (KD) |
| Case Assigned to Judge Dora Lizette Irizarry and Magistrate Judge Sanket J. Bulsara. 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. (KD) |
| Filing 1 NOTICE OF REMOVAL by Miles Paul James, United Parcel Service, Inc. Removal from Supreme Court of The State of New York - Kings County, case number 535755/2022. ( Filing fee $ 402 receipt number ANYEDC-16619475) (Attachments: #1 Exhibit Exhibit A - Vasquez Summons & Complaint, #2 Exhibit Exhibit B - Answer & Initial Demands of UPS & James, #3 Exhibit Exhibit C - Vasquez Bill of Particulars and Responses to Initial Discovery Demands_Redacted, #4 Affidavit Affidavit of Service - Notice of Removal, #5 Civil Cover Sheet Civil Cover Sheet - Vasquez) (Kritzer, David) |
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