Caicedo v. Sabovics et al
| Oscar Javier Vargas Caicedo |
| Andrejs Sabovics and Walmart Transportation, LLC, |
| 1:2023cv04645 |
| June 22, 2023 |
| US District Court for the Eastern District of New York |
| Taryn A Merkl |
| Allyne R Ross |
| Motor Vehicle |
| 28 U.S.C. ยง 1442 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on April 22, 2024. A more recent docket listing may be available from PACER.
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Minute Entry and Order: A telephonic Initial Conference was held on 8/17/2023 before Magistrate Judge Taryn A. Merkl. Appearances by Simon Landsberg for Plaintiff; Ian Kingsley for Defendants. Defendants noted that a passenger that was in Plaintiff's vehicle has filed a state court case; Plaintiff expressed interest in considering a motion to remand so as to avoid duplicative litigation and inconsistent outcomes. Plaintiff is respectfully reminded that any such motion practice shall be made in accordance with the Individual Rules of the assigned District Judge.The parties confirmed that they have held their Rule 26(f) conference. The Court also reminded the parties of their obligations to preserve and, if appropriate, produce electronically stored information during discovery. As stated on the record, the parties' discovery plan is adopted, in part, as follows. Rule 26(a) initial disclosures and any HIPAA-compliant records authorizations shall be exchanged by 9/18/2023. First requests for documents and interrogatories shall be exchanged by 9/18/2023. Phase I discovery shall be completed by 10/17/2023. The deadline for joining additional parties and amending the pleadings as of right is 11/15/2023. Fact discovery shall be completed on or before 12/18/2023. The parties are directed to file a joint status report certifying the close of fact discovery by 12/27/2023. Exchange of expert disclosures shall be completed by 1/18/2024. Expert depositions shall be completed by 2/19/2024. Exchange of rebuttal expert reports shall be completed by 2/20/2024. All expert discovery shall be completed by 3/15/2024, and certification of the completion of all discovery shall be filed on ECF by 4/1/2024. The last date to take the first step in dispositive motion practice is 5/1/2024, and should be done in accordance with the Individual Rules of the assigned District Judge.The parties are directed to file a joint status report by 11/17/2023, including an update as to their progress on discovery, any settlement discussions, and whether the case should be referred for mediation or a settlement conference before the Court. All counsel are respectfully reminded that they are expected to comply with both E.D.N.Y. Local Civil Rule 37.3 and 26.4, which requires counsel to cooperate with one another in all phases of the discovery process, and to be courteous with one another. Ordered by Magistrate Judge Taryn A. Merkl on 8/17/2023. (AT&T Log #11:27-12:05.) (JF)
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Filing 9
Proposed Scheduling Order by Andrejs Sabovics, Walmart Transportation, LLC, (Segal, Jeffrey)
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Filing 8
NOTICE of Appearance by Ian Kingsley on behalf of Andrejs Sabovics, Walmart Transportation, LLC, (aty to be noticed) (Kingsley, Ian)
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Filing 7
SCHEDULING ORDER: A telephonic Initial Conference will be held on 8/17/2023 at 11:15 a.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the attached Case Management Worksheet and electronically file same with the Court no later than 8/10/2023. Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Ordered by Magistrate Judge Taryn A. Merkl on 7/7/2023. (KC)
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Filing 6
ANSWER to Complaint by Andrejs Sabovics, Walmart Transportation, LLC,. (Segal, Jeffrey)
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ORDER: In removal actions, Federal Rule of Civil Procedure 81(c)(2) requires the defendant to file an answer 21 days after service of the initial pleading or 7 days after the notice of removal was filed, whichever is longer. Defendants filed their notice of removal in this case ( #1 ) on 6/22/2023, the complaint was originally filed in state court on 5/15/2023, and Defendant Wal-Mart Transportation LLC received service on 5/16/2023. Defendant Wal-Mart is directed to file an answer or otherwise respond to the complaint in this case on or before 7/14/2023. Ordered by Magistrate Judge Taryn A. Merkl on 6/30/2023. (JF)
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Filing 5
NOTICE of Appearance by Simon Benjamin Landsberg on behalf of Oscar Javier Vargas Caicedo (notification declined or already on case) (Landsberg, Simon)
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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. (SR)
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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. (SR)
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Filing 2
Corporate Disclosure Statement by Walmart Transportation, LLC, (Segal, Jeffrey)
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Filing 1
NOTICE OF REMOVAL by Walmart Transportation, LLC, from State of NY county of Queens, case number 709989/2023. ( Filing fee $ 402 receipt number ANYEDC-16819489) (Attachments: #1 Certificate of Service, #2 Civil Cover Sheet, #3 Exhibit A-B) (Segal, Jeffrey)
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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. (SR)
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Case Assigned to Judge Allyne R. Ross and Magistrate Judge Taryn A. Merkl. 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. (SR)
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