Santos et al v. Jones, Jr. et al
| Rosa Stephanie Santos, Juan Capellan Taverez and Edwin Fontanez |
| Smith Transport, Inc., Ronald Jones, Jr. and Lisandro Rubio De Los Santos |
| 1:2023cv05082 |
| July 5, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Ann M Donnelly |
| Motor Vehicle |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.
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Filing 24
ORDER granting #22 Motion to Remand to the Supreme Court of the State of New York, County of Bronx. Ordered by Judge Ann M. Donnelly on 8/16/2023. (DG)
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| Filing 23 STIPULATION by Ronald Jones, Jr., Smith Transport, Inc. (Levy, Matthew) |
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ORDER: In light of the parties' stipulation to remand this matter to state court, ECF No. #23 , the initial conference scheduled for August 15, 2023 is hereby canceled. Ordered by Magistrate Judge Lois Bloom on 8/14/2023. (IK)
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ORDER: Defendants Smith Transport, Inc. and Ronald Jones, Jr. removed this personal injury case from Bronx County Supreme Court on March 16, 2023. ECF No. #1 . Defendants Smith Transport and Jones, Jr. now request that this matter be remanded to state court for lack of subject matter jurisdiction based on evidence showing that co-defendant Lisandro Rubio De Los Santos is a resident of New York, the same state as plaintiffs. ECF No. #22 ("[W]e agree that the Court no longer has subject matter jurisdiction over this matter."). If the other parties consent to the request, the parties shall file a joint stipulation to remand this matter for the District Judge to so order by August 14, 2023 at NOON, at which time the Court will cancel the initial conference. If the other parties do not consent, any responses to the defendants' request to remand, ECF No. #22 , shall be filed by August 14, 2023 at NOON. Ordered by Magistrate Judge Lois Bloom on 8/10/2023. (IK)
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| Filing 22 MOTION to Remand to State Court by Ronald Jones, Jr., Smith Transport, Inc.. (Attachments: #1 Affidavit Affidavit of LISANDRO RUBIO DE LOS SANTOS, #2 Exhibit Ex. A - Con Edison Bill) (Levy, Matthew) |
| Filing 21 Mail Returned as Undeliverable. Mail sent to Lisandro Rubio De Los Santos; Copy of Magistrate Judge Bloom's 7/17/23 scheduling order returned as Not Deliverable as addressed. (RG) |
| Filing 20 AFFIDAVIT of Service for Court Order dtd. 7/20/2023 served on Lisandro Rubio De Los Santos on 7/26/2023, filed by Edwin Fontanez, Rosa Stephanie Santos, Juan Capellan Taverez. (Linares, Boris) |
| Filing 19 NOTICE of Appearance by Susan G. Duncan on behalf of Lisandro Rubio De Los Santos (notification declined or already on case) (Duncan, Susan) |
| Filing 18 ANSWER to #13 Answer to Complaint, Crossclaim , CROSSCLAIM against Ronald Jones, Jr., Smith Transport, Inc. by Lisandro Rubio De Los Santos. (Duncan, Susan) |
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Filing 17
ORDER: Plaintiffs' counsel requests to adjourn the August 1, 2023 conference because he will be on vacation. ECF No. #16 . Although plaintiffs "obtained the consent of defense counsel," plaintiffs' counsel does not state whether he obtained (or attempted to obtain) the consent of pro se defendant Lisandro Rubio De Los Santos. However, as this is the first request for an adjournment, the Court grants plaintiffs' request as a courtesy.The Court shall hold the initial conference in this matter on August 15, 2023 at 11:30 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by August 8, 2023. Plaintiffs' counsel shall serve a copy of this Order on Mr. De Los Santos and file proof of service on the docket forthwith. See attached Order. Ordered by Magistrate Judge Lois Bloom on 7/20/2023. (IK)
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| Filing 16 First MOTION for Extension of Time to Complete Discovery In Person Conference by Edwin Fontanez, Rosa Stephanie Santos, Juan Capellan Taverez. (Linares, Boris) |
| Filing 15 DEMAND for Trial by Jury by Ronald Jones, Jr., Smith Transport, Inc. (Levy, Matthew) |
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Filing 14
ORDER: Due to a change in the Court's calendar, the conference in this matter scheduled for August 1, 2023 at 10:00 a.m. is rescheduled to August 1, 2023 at 10:30 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. See attached Order. Ordered by Magistrate Judge Lois Bloom on 7/17/2023. (IK)
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| Filing 13 VERIFIED ANSWER to Complaint , CROSSCLAIM against Lisandro Rubio De Los Santos by Smith Transport, Inc., Ronald Jones, Jr.. (Levy, Matthew) |
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Filing 12
ORDER: Defendants removed this action from Bronx County Supreme Court to the United States District Court for the Southern District of New York, invoking the Court's diversity jurisdiction. ECF No. #1 . On June 26, 2023, the action was transferred to this district. ECF No. #9 . The Court shall hold the initial conference on August 1, 2023 at 10:00 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Defendants shall respond to plaintiff's complaint by July 20, 2023. Fed. R. Civ. P. 81(c)(2). The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by July 25, 2023. 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. See attached Order. Ordered by Magistrate Judge Lois Bloom on 7/6/2023. (VP)
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| Filing 11 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) |
| Filing 10 Case transferred in from District of New York Southern; Case Number 1:23-cv-02257. Original file certified copy of transfer order and docket sheet received. |
| The case of Santos et al v. Jones, Jr. et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 23-cv-5082. PLEASE NOTE: 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) |
| Mailed a copy of #9 Order to Lisandro Rubio De Los Santos at 2205 North Central Road, Fort Lee, NJ 07024. (kh) [Transferred from New York Southern on 7/5/2023.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(tg) [Transferred from New York Southern on 7/5/2023.] |
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Filing 9
TRANSFER ORDER: Accordingly, this action is transferred to the United States District Court for the Eastern District of New York. See 28 U.S.C. 1406(a). The Clerk of Court is respectfully requested to transfer this case to the Eastern District of New York and to close this case. The Clerk of Court is further requested to mail a copy of this Order to the pro se defendant at the address of record. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 6/26/2023) (tg) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 7/5/2023.]
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| NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Kenneth M. Karas is no longer assigned to the case..(aea) [Transferred from New York Southern on 7/5/2023.] |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (aea) [Transferred from New York Southern on 7/5/2023.] |
| Filing 8 NOTICE OF APPEARANCE by Boris Humberto Linares on behalf of Juan Capellan Taverez..(Linares, Boris) [Transferred from New York Southern on 7/5/2023.] |
| Filing 7 NOTICE OF APPEARANCE by Boris Humberto Linares on behalf of Rosa Stephanie Santos..(Linares, Boris) [Transferred from New York Southern on 7/5/2023.] |
| Filing 6 NOTICE OF APPEARANCE by Boris Humberto Linares on behalf of Edwin Fontanez..(Linares, Boris) [Transferred from New York Southern on 7/5/2023.] |
| Filing 4 DEMAND for Trial by Jury. Document filed by Ronald Jones, Jr., Smith Transport, Inc..(Levy, Matthew) [Transferred from New York Southern on 7/5/2023.] |
| Filing 3 CIVIL COVER SHEET filed..(Levy, Matthew) [Transferred from New York Southern on 7/5/2023.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew P. Levy. The following case opening statistical information was erroneously selected/entered: County code Bronx;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) [Transferred from New York Southern on 7/5/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Matthew P. Levy to RE-FILE Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF was not properly signed by the attorney; the event wrong event type was used to file the civil cover sheet; the PDF must be filed separately. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) [Transferred from New York Southern on 7/5/2023.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) [Transferred from New York Southern on 7/5/2023.] |
| Case Designated ECF. (jgo) [Transferred from New York Southern on 7/5/2023.] |
| Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) [Transferred from New York Southern on 7/5/2023.] |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ronald Jones, Jr., Smith Transport, Inc...(Levy, Matthew) [Transferred from New York Southern on 7/5/2023.] |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 801531/2023E. (Filing Fee $ 402.00, Receipt Number ANYSDC-27477360).Document filed by Smith Transport, Inc., Ronald Jones, Jr.. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Emails, #3 Exhibit Bill of Particulars, #4 Exhibit Response to Defendants' Demand for Discovery and Inspection, #5 Exhibit Email, #6 Civil Cover Sheet Civil Cover Sheet).(Levy, Matthew) [Transferred from New York Southern on 7/5/2023.] |
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