U.S. Concrete Inc. v. AA 168 Construction Inc. et al
| U.S. Concrete Inc. |
| AA 168 Construction Inc., Sheng Sheng Construction, Inc. and Fusheng Ye |
| 1:2023cv08418 |
| November 13, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| None |
Docket Report
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Filing 12
ORDER: The Court adopts the parties' proposed case management plan, see ECF No. #10 , as the Court's scheduling order required by Rule 16(b), with the adjustments reflected in the accompanying order.On or before January 16, 2024, Defendants shall file a letter not to exceed three (3) pages explaining the basis for their position "that the disputes should be resolved through arbitration rather than through court proceedings." See ECF No. #11 . On or before January 23, 2024, Plaintiff shall file a response to Defendants' letter not to exceed three (3) pages. Ordered by Judge Hector Gonzalez on 1/8/2024. (RM)
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| Filing 11 Letter Joint Letter by U.S. Concrete Inc. (Habas, Patricia) |
| Filing 10 CASE MANAGEMENT STATEMENT (Habas, Patricia) |
| Filing 9 AFFIDAVIT/AFFIRMATION OF SERVICE by AA 168 Construction Inc., Sheng Sheng Construction, Inc., Fusheng Ye (Tung, Kevin) |
| Filing 8 Verified ANSWER to #1 Complaint, by All Defendants. (Tung, Kevin) |
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Filing 7
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by January 4, 2024, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiff's counsel shall notify Defendants' counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendants' deadlines to answer or otherwise respond to Plaintiff's complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answer(s) to set a discovery schedule. Ordered by Judge Hector Gonzalez on 12/4/2023. (BH)
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| Filing 6 Corporate Disclosure Statement by U.S. Concrete Inc. identifying Corporate Parent Vulcan Materials Company for U.S. Concrete Inc.. (Habas, Patricia) |
| Filing 5 SUMMONS Returned Executed by U.S. Concrete Inc.. AA 168 Construction Inc. served on 11/30/2023, answer due 12/21/2023; Sheng Sheng Construction, Inc. served on 11/30/2023, answer due 12/21/2023; Fusheng Ye served on 11/30/2023, answer due 12/21/2023. (Habas, Patricia) |
| Filing 4 Summons Issued as to AA 168 Construction Inc., Sheng Sheng Construction, Inc., Fusheng Ye. (AF) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
| Filing 2 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (AF) |
| Case Assigned to Judge Hector Gonzalez. 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) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before December 4, 2023, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause.The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 11/16/2023. (BH)
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| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-17278228 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by U.S. Concrete Inc.. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Habas, Patricia) |
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