Council v. Fabian et al
| Robert Council |
| Jorge Fabian and J. B. Hunt Transport, Inc. |
| 1:2023cv08555 |
| November 17, 2023 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Both |
Docket Report
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| Filing 20 ANSWER to #13 Amended Complaint by Jorge Fabian, J. B. Hunt Transport, Inc.. (Luis, Anthony) |
Filing 19
SCHEDULING ORDER: Telephonic initial conference scheduled for 1/18/2024 at 11:30 a.m. before Magistrate Judge James R. Cho. Counsel for all parties must participate. Counsel for plaintiff is directed to immediately confirm this conference date and time with counsel for the defendants. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 1/16/2024. Each party is directed to call toll free (888) 808-6929 and use access code 106-5334. The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 1/3/2024. (Attachments: #1 Chamber's Individual Rules) (TT)
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| Filing 18 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge James R. Cho for all further proceedings. Judge Hector Gonzalez no longer assigned to case. Please download and review the Individual Practices of the assigned Judge, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (PSN) |
| Filing 17 CONSENT to Jurisdiction by US Magistrate Judge by Jorge Fabian, J. B. Hunt Transport, Inc.. (Kanter, Brett) |
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ORDER Denying #14 Motion for Pre-Motion Conference as moot. The Court has reviewed Plaintiff's response to Defendants' pre-motion conference letter, which alleged that Plaintiff's amended complaint, see ECF No. #13 , was filed in violation of Rule 15 of the Federal Rules of Civil Procedure. In Plaintiff's letter, he states that Defendants agree that, because the Amended Complaint "mimics the initial complaint," Defendants no longer intend to move to dismiss the amended complaint. See ECF No. #15 . Accordingly, Defendants' pre-motion conference letter, see ECF No. #14 , is denied as moot. The parties are reminded that their joint letter describing the case and completed civil case management plan are due on or before December 28, 2023. See ECF No. #9 . Ordered by Judge Hector Gonzalez on 12/19/2023. (ICP)
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| Filing 16 DEMAND for Trial by Jury by Jorge Fabian, J. B. Hunt Transport, Inc. (Kanter, Brett) |
| Filing 15 Letter In Response to Defendant's Objection to Plaintiff's Amended Complaint by Robert Council (Attard, Cynthia) |
| Filing 14 MOTION for pre motion conference regarding anticipated motion to dismiss amended complaints by Jorge Fabian, J. B. Hunt Transport, Inc.. (Kanter, Brett) |
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ORDER: Defendants have filed a letter requesting a pre-motion conference to discuss a proposed motion to dismiss Plaintiff's amended complaint. See ECF No. #14 . Defendants state that they did not consent to Plaintiff's amendments and that the amended complaint, see ECF No. #13 , was filed in violation of Rule 15 of the Federal Rules of Civil Procedure. Plaintiff shall file a responsive letter that complies with Section IV.A of the Court's Individual Practices on or before December 11, 2023, which shall address whether Plaintiff believes he amended his complaint consistent with Rule 15 of the Federal Rules of Civil Procedure. If Plaintiff agrees that his amended complaint was not filed in compliance with Rule 15 of the Federal Rules of Civil Procedure, Plaintiff may seek the Court's permission to amend his complaint in his responsive letter, citing to relevant precedent as required, and attaching both a copy of the proposed amended complaint and a redline comparing the proposed amended complaint to the initially filed complaint.The Court warns Plaintiff that it may exercise its discretion to construe the parties' pre-motion letters as the motion itself and strike Plaintiff's amended complaint as improper under Rule 15 of the Federal Rules of Civil Procedure if Plaintiff asserts that its amendment was proper without sufficient basis. Ordered by Judge Hector Gonzalez on 12/4/2023. (ICP)
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| Filing 13 AMENDED COMPLAINT AGREED UPON BY ALL PARTIES against All Defendants, filed by Robert Council. (Attachments: #1 Certificate of Service) (Attard, Cynthia) |
| Filing 12 AMENDED COMPLAINT AGREED UPON BY ALL PARTIES against All Defendants, filed by Robert Council. (Attard, Cynthia) |
| Filing 11 Letter by Robert Council (Attard, Cynthia) |
| Filing 10 NOTICE of Appearance by Cynthia M Attard on behalf of All Plaintiffs (aty to be noticed) (Attard, Cynthia) |
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ORDER: The Court has become aware that Plaintiff did not receive this Court's November 20, 2023, Order regarding its letter on the propriety of removal because Defendants did not list an email address for Plaintiff's counsel on their notice of removal. Accordingly, Plaintiff shall file a letter no longer than three pages on or before December 7, 2023, explaining Plaintiff's position regarding whether this case was properly removed from state court. Plaintiff's letter must address not only whether the Court has diversity or federal question jurisdiction over the claims at issue in this case, but also whether Defendants complied with the procedural requirements for removal, including the requirements in 28 U.S.C. 1446. Defendants may file a responsive letter no longer than three pages on or before December 14, 2023.If Plaintiff's letter indicates that removal was improper, the Court will likely take under consideration whether to remand this case based solely on the parties' letters, without affording Defendants the opportunity further to brief the issue, regardless of whether Defendants file a responsive letter. Ordered by Judge Hector Gonzalez on 11/30/2023. (ICP)
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Filing 9
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 December 28, 2023, as further described in the attached mandatory requirements. The parties' joint letter shall include a description of any discovery that has already been conducted in state court prior to Defendant's removal of this case.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. Ordered by Judge Hector Gonzalez on 11/20/2023. (ICP)
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| Filing 8 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 7 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 (CV) |
| 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. (CV) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before November 29, 2023, explaining Plaintiff's position regarding whether this case was properly removed from state court. Plaintiff's letter must address not only whether the Court has diversity or federal question jurisdiction over the claims at issue in this case, but also whether Defendants complied with the procedural requirements for removal, including the requirements in 28 U.S.C. 1446. Defendants may file a responsive letter no longer than three pages on or before December 6, 2023.If Plaintiff's letter indicates that removal was improper, the Court will likely take under consideration whether to remand this case based solely on the parties' letters, without affording Defendants the opportunity further to brief the issue, regardless of whether Defendants file a responsive letter. Ordered by Judge Hector Gonzalez on 11/20/2023. (ICP)
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| Filing 6 Corporate Disclosure Statement by J. B. Hunt Transport, Inc. (Luis, Anthony) |
| Filing 5 Civil Cover Sheet.. by Jorge Fabian, J. B. Hunt Transport, Inc. (Luis, Anthony) |
| Filing 4 CERTIFICATE OF SERVICE by Jorge Fabian, J. B. Hunt Transport, Inc. re #3 Notice of Removal, (Kanter, Brett) |
| Filing 3 NOTICE OF REMOVAL by All Defendants from Supreme Court of the State of New York, County of Kings, case number 524254/2023. ( Filing fee $ 402 receipt number ANYEDC-17296390) (Attachments: #1 Exhibit A: Summons and Complaint, #2 Exhibit B: Answer, #3 Exhibit C: Supplemental Damages Demand) (Luis, Anthony) |
| Filing 2 NOTICE of Appearance by Brett Kanter on behalf of All Defendants (aty to be noticed) (Kanter, Brett) |
| Filing 1 NOTICE of Appearance by Anthony D. Luis on behalf of All Defendants (aty to be noticed) (Luis, Anthony) |
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