Etienne v. Pensa et al
| Steve Etienne |
| National Transport Services Co. Inc and Wakefern Food Corp. |
| August Pensa |
| 1:2023cv07277 |
| September 29, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Motor Vehicle |
| 28 U.S.C. § 1442 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on November 14, 2023. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Initial Conference held on 11/14/2023 (FTR Log #2:33-3:03). (EW) |
ORDER: The Court held the initial conference in this personal injury removal action on November 14, 2023. Attorney Ryan Amato appeared on behalf of plaintiff; attorney Sean Pie appeared on behalf of defendants. The Court set the following deadlines: any motion to amend the pleadings or join new parties shall be filed by January 22, 2024. Fed R. Civ. P. 16(b)(3)(A). The parties shall complete all discovery by September 30, 2024. The parties shall consider and, if they agree, file the consent form available at ECF No. #5 and on the Court's website by December 14, 2023. Ordered by Magistrate Judge Lois Bloom on 11/14/2023. (EW)
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| Filing 14 REPORT of Rule 26(f) Planning Meeting (Pie, Sean) |
| Filing 13 NOTICE of Appearance by Sean Pie on behalf of All Defendants (aty to be noticed) (Pie, Sean) |
| Filing 12 AMENDED ANSWER to Verified Complaint by All Defendants. (Campbell, Karen) |
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ORORDER: The Court has reviewed defendants' response to the Order to Show Cause, ECF No. #11 , and shall hold the initial conference in this matter on November 14, 2023 at 2:30 p.m. in Courtroom 11A South. The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by November 7, 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. Ordered by Magistrate Judge Lois Bloom on 10/18/2023. (EW)
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| Filing 11 MOTION for Order to Show Cause by National Transport Services Co. Inc, August Pensa, Wakefern Food Corp.. (Campbell, Karen) |
| Incorrect Case/Document/Entry Information re Document 10 Reply. This document does not belong in this action and should be disregarded. Plaintiff's counsel is directed to file the document in the correct case if they have not already done so. (TLH) |
| Filing 10 REPLY in Support of Plaintiff's Motion to Remand filed by Steve Etienne. (Amato, Ryan) |
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ORDER: Defendants removed plaintiff's personal injury motor vehicle case on September 29, 2023, invoking the Court's diversity jurisdiction under 28 U.S.C. 1332. In their notice of removal, defendants assert that removal is proper because "the verified complaint alleges a matter in controversy, which, if liability is established, is reasonably probable to exceed the sum or value of $75,000[.]" ECF No. 1 at 2. However, the Second Circuit has held that "the removal clock does not start to run until the plaintiff serves the defendant with a paper that explicitly specifies the amount of monetary damages sought." Moltner v. Starbucks Coffee Co., 624 F.3d 34, 38 (2d Cir. 2010) (emphasis added). A defendant cannot establish the amount in controversy merely by deducing a plaintiff's damages based on the injuries alleged. Id. Plaintiff's complaint does not specify the amount of damages sought, ECF No. 1-1, and defendants do not provide any document or writing that establishes the amount in controversy. King v. Romero, No. 22-CV-10935, 2022 WL 18009943, at *2 (S.D.N.Y. Dec. 30, 2022).Accordingly, defendants are ordered to show good cause by October 17, 2023 why this matter should not be remanded to state court for lack of subject matter jurisdiction. In the alternative, the parties may consent to this matter being remanded to the state court. Ordered by Magistrate Judge Lois Bloom on 10/10/2023. (EW)
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| Filing 9 DEMAND for Trial by Jury by Steve Etienne (Amato, Ryan) |
| Filing 8 NOTICE of Appearance by Ryan John Amato on behalf of Steve Etienne (aty to be noticed) (Amato, Ryan) |
| Filing 7 ANSWER to Complaint , First COUNTERCLAIM against Steve Etienne by National Transport Services Co. Inc, Wakefern Food Corp., August Pensa. (Campbell, Karen) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
| Filing 5 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (AF) |
| 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. (AF) |
| Case Assigned to Magistrate Judge Lois Bloom. 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. (AF) |
| Filing 4 NOTICE of Appearance by Zachary Candelaria on behalf of National Transport Services Co. Inc, August Pensa, Wakefern Food Corp. (aty to be noticed) (Candelaria, Zachary) |
| Filing 3 Corporate Disclosure Statement by National Transport Services Co. Inc, Wakefern Food Corp. identifying Corporate Parent Wakefern Food Corp. for National Transport Services Co. Inc. (Campbell, Karen) |
| Filing 2 Civil Cover Sheet.. by National Transport Services Co. Inc, August Pensa, Wakefern Food Corp. (Campbell, Karen) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court State of NY, County of Kings, case number 525267/2023. ( Filing fee $ 402 receipt number ANYEDC-17133515) (Attachments: #1 Exhibit Exhibit A - Summons and Complaint, #2 Exhibit Exhibit B - Affidavit of Service on Wakern, #3 Exhibit Exhibit C - Affidavit of Service on National Transport, #4 Exhibit Exhibit D - Affidavit of Service on August Pensa) (Campbell, Karen) |
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