Kang v. Gertsik et al
| Harry Kang |
| Boris Gertsik and Top Road PA, Inc. |
| 1:2023cv04180 |
| June 7, 2023 |
| US District Court for the Eastern District of New York |
| Dora Lizette Irizarry |
| Peggy Kuo |
| Orelia E Merchant |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| None |
Docket Report
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This docket was last retrieved on July 25, 2023. A more recent docket listing may be available from PACER.
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| Case reassigned to Judge Orelia E. Merchant. Judge Dora Lizette Irizarry no longer assigned to the 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. (LF) |
| Filing 10 STATUS REPORT by Top Road PA, Inc. (Reiter, Lorne) |
| Filing 9 Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held by telephone on July 12, 2023. Soohyun Kim, Esq. appeared on behalf of plaintiff. Lorne Reiter, Esq. appeared on behalf of defendant Top Roade PA, Inc. No appearance on behalf of defendant Gertsik.The parties informed the Court that service was attempted on defendant Gertsik at his Florida residence but has been unsuccessful as defendant has since moved to Moscow, Russia. The Court inquired whether removal is proper since in light of defendant Gertsik's failure to appear and consent to removal. The parties are directed to confer and determine whether this Court has jurisdiction or if the case must be remanded to state court. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. The case is referred to the EDNY ADR Program for court-annexed mediation to be completed by January 31, 2024. The parties are directed to file a joint status report by February 2, 2024 regarding the result of mediation, and indicating, if mediation is not successful, whether they would like a settlement conference with the Court. (FTR Log: 10:35 - 11:00) (RO) |
| 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 (in-person or remote) 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 is available at: https://www.nyed.uscourts.gov/adr-forms. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov.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. (DS) |
| Filing 8 Proposed Scheduling Order jointly submitted by Top Road PA, Inc. (Reiter, Lorne) |
Filing 7
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on July 12, 2023 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)Counsel are directed to the annexed Initial Conference Order for instructions. By July 6, 2023, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Defendant's counsel is directed to ensure that Plaintiff is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 6/14/2023. (RO)
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| Filing 6 Corporate Disclosure Statement by Top Road PA, Inc. (Attachments: #1 Certificate of Service) (Reiter, Lorne) |
| Filing 5 Corporate Disclosure Statement by Top Road PA, Inc. (Attachments: #1 Affidavit of Service) (Reiter, Lorne) |
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ORDER -- On June 7, 2023, pursuant to 28 USC 1446(a), Defendants filed a notice of removal of the instant action from the Supreme Court of the State of New York, County of Richmond, asserting this Court's subject matter jurisdiction based on diversity pursuant to 28 U.S.C. 1332. Under the recently enacted Fed. R. Civ. P. 7.1(a)(2), "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party must, unless the court orders otherwise, file a disclosure statement" which "must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party" at the time the action is filed in federal court. Fed. R. Civ. P. 7.1(a)(2). Furthermore, the rule requires that a party "file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court[.]" Fed. R. Civ. P. 7.1(b). Defendants have not complied with Fed. R. Civ. P. 7.1. Defendants shall file a disclosure statement in compliance with Fed. R. Civ. P. 7.1 NO LATER THAN June 14, 2023. Defendants are admonished to familiarize themselves with and adhere to the Federal Rules of Civil Procedure, the Local Rules of the Court, and the Individual Rules of the undersigned district judge. So Ordered by Judge Dora Lizette Irizarry on 6/8/2023. (CC)
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| 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 Civil Cover Sheet.. by Top Road PA, Inc. (Reiter, Lorne) |
| Filing 1 NOTICE OF REMOVAL by Top Road PA, Inc. from Supreme Court, Richmond County, case number 150571/2023. ( Filing fee $ 402 receipt number ANYEDC-16771597) (Attachments: #1 Exhibit A - Verified Complaint, #2 Exhibit B - Verified Answer, #3 Exhibit C - demand for ad damnum, #4 Exhibit D - response to demand for ad damnum, #5 Certificate of Service) (Reiter, Lorne) |
| 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 Peggy Kuo. 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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