Criollo et al v. Knight et al
| Marco Rene Criollo, Maycol Hefren Daza Velasco and Cristian Camilo Forero Alvarez |
| Frederick Charles Knight and Knight Trucking LLC |
| 1:2023cv04020 |
| May 31, 2023 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Brian M Cogan |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Defendant |
Docket Report
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This docket was last retrieved on July 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 16 NOTICE of Appearance by Mark P. Getzoni on behalf of Cristian Camilo Forero Alvarez (aty to be noticed) (Getzoni, Mark) |
MINUTE ENTRY AND ORDER: A status conference was held on 7/27/2023 before Magistrate Judge Sanket J. Bulsara. Counsel for Plaintiff Marco Rene Criollo (Alexander Goldin), Plaintiff Maycol Hefren Daza Velasco (Matthew Libroia), Plaintiff Christian Camilo Forero Alvarez (Mark Getzoni), and counsel for Defendants (Aaron Gross) were present. As discussed on the record, the deadline to amend the pleadings to add claims or join parties shall be 9/29/2023. The deadline to complete all discovery--including both fact and expert discovery--shall be 2/29/2024. In addition, an in-person status conference will be held on 11/20/2023 at 2:00 P.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/27/2023. (FTR Log: 11:08 - 11:22 A.M.) (IS)
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SCHEDULING ORDER: An in-person status conference will be held on 7/27/2023 at 11:00 A.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/29/2023. (IS)
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| Filing 15 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Sanket J. Bulsara 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. (TLH) |
| Filing 14 CONSENT to Jurisdiction by US Magistrate Judge by Maycol Hefren Daza Velasco. (Libroia, Matthew) |
| Filing 13 NOTICE of Appearance by Ruben Davidoff on behalf of Cristian Camilo Forero Alvarez (aty to be noticed) (Davidoff, Ruben) |
| Filing 12 Letter Re: Rule 73 Magistrate Consent by Maycol Hefren Daza Velasco (Libroia, Matthew) |
| Filing 11 NOTICE of Appearance by Matthew Libroia on behalf of Maycol Hefren Daza Velasco (aty to be noticed) (Libroia, Matthew) |
| Filing 10 MOTION to Appear by Telephone/Video by Marco Rene Criollo. (Goldin, Alexander) |
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ORDER terminating #10 because it is not a motion to appear by telephone, it is simply a notice of appearance. Do not refile. Ordered by Judge Brian M. Cogan on 6/27/2023. (PW)
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| Filing 9 Proposed Scheduling Order by Defendants by Frederick Charles Knight, Knight Trucking LLC (Gross, Aaron) |
| Filing 8 Letter Defendants' Letter Re: Case Description and Defense Position by Frederick Charles Knight, Knight Trucking LLC (Gross, Aaron) |
| Filing 7 Joint MOTION to Adjourn Conference and file Initial Letter to Court and Proposed Civil Case Management Plan by Frederick Charles Knight, Knight Trucking LLC. (Sobel, Curtis) |
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ORDER denying #7 Motion to Adjourn Conference. First of all, this is not a motion to adjourn the conference. It purports to be the "Joint Letter" required by this Court's prior Scheduling Order, but it says so little that it is sanctionable under Rule 16(f). I suppose plaintiff can rely on the presumption in a rear-end accident case, but if defendants have any basis for rebutting the presumption, the Court needs to know about it in advance of the conference, or defendants will be sanctioned for not complying the Scheduling Order in good faith. Ordered by Judge Brian M. Cogan on 6/23/2023. (Cogan, Brian)
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Filing 6
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 6/28/2023 at 10:00 am. The parties are directed to call 571-353-2301 and enter Meeting ID 820925314#. See attached mandatory requirements for the conference. In addition, plaintiff is directed to serve on defendant a complete set of medical authorizations and HIPAA releases prior to the conference. Ordered by Judge Brian M. Cogan on 6/7/2023. (PW)
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| Filing 5 RESPONSE TO ORDER TO SHOW CAUSE by Frederick Charles Knight, Knight Trucking LLC (Gross, Aaron) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 3 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) |
| Filing 2 Corporate Disclosure Statement by Frederick Charles Knight, Knight Trucking LLC (Attachments: #1 Declaration of Service) (Gross, Aaron) |
| Filing 1 NOTICE OF REMOVAL by Frederick Charles Knight, Knight Trucking LLC from Queens County Supreme Court, case number 724320/2022. ( Filing fee $ 402 receipt number ANYEDC-16749437) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet Civil Cover Sheet, #6 Declaration of Service) (Gross, Aaron) |
| Case Assigned to Judge Brian M. Cogan. 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) |
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ORDER TO SHOW CAUSE. Defendant LLC has failed to adequately allege its citizenship. See Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012) (citing Handelsman v. Bedford Village Associates Ltd. Partnership, 213 F.3d 48 (2d Cir. 2000); Flemming v. Port Auth. of N.Y. & N.J., No. 21-cv-1112, 2021 WL 878558, at *1 (E.D.N.Y. March 9, 2021); U.S. Liab. Ins. Co v. M Remodeling Corp., 444 F. Supp. 3d 408, 409-10 (E.D.N.Y. 2020). As to the individual parties, defendants have alleged only their residence, not their citizenship, which is inadequate. See generally Van Buskirk v. United Grp. of Companies, Inc., 935 F.3d 49 (2d Cir. 2019). Defendants are therefore ORDERED TO SHOW CAUSE by 6/7/23 why this case should not be remanded to state court for lack of subject matter jurisdiction. Ordered by Judge Brian M. Cogan on 5/31/2023. (PW)
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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. (KD) |
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