Martinez v. ENC Holding Corporation et al
| Robert Tineo Martinez |
| ENC Holding Corporation, West Motor Freight of PA, Inc, EF Corporation and EF Corporation d/b/a West Motor Freight EF Corporation d/b/a West Motor Freight i/p/a West Motor Freight of PA, Inc., West Motor Freight, Inc., and EF Corporation |
| 1:2023cv08915 |
| December 4, 2023 |
| US District Court for the Eastern District of New York |
| Nicholas G Garaufis |
| Cheryl L Pollak |
| Motor Vehicle |
| 28 U.S.C. § 1446 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 DEMAND for Trial by Jury by Robert Tineo Martinez (Gambone, Adilya) |
| Filing 12 NOTICE of Appearance by Adilya Rishatovna Gambone on behalf of All Plaintiffs (notification declined or already on case) (Gambone, Adilya) |
ORDER: Defendant's #11 request for a pre-motion conference is GRANTED. The parties are DIRECTED to confer and contact the court's Deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the pre-motion conference. Defendant's time to answer, move, or otherwise respond to the Complaint is stayed until 14 days after the date of the conference or, if motion practice continues, 14 days following decision on the motion. So Ordered by Judge Nicholas G. Garaufis on 12/14/2023. (DP)
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| Filing 11 Letter MOTION for pre motion conference , Letter MOTION for Leave to File Document Motion to Dismiss Pursuant to Fed. R. Civ. P Sections 12(b)(6) and 12(b)(5) by ENC Holding Corporation. (Briones, Raphael) |
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ELECTRONIC ORDER: In light of the pending motion at #9 , the initial conference previously scheduled for 1/25/2024 is adjourned sine die. So Ordered by Magistrate Judge Cheryl L. Pollak on 12/13/2023. (CH)
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ORDER: The court is in receipt of Defendant's #9 Motion to Dismiss. If Defendant seeks to file a motion to dismiss, it must first request a pre-motion conference and seek the court's leave before doing so according to the Individual Rules of Judge Nicholas G. Garaufis, Section IV(A)(2). Defendant here failed to do so. The court therefore STRIKES Defendant's #9 Motion to Dismiss. Defendant's time to answer, move, or otherwise respond to the Complaint is extended to January 4, 2024. So Ordered by Judge Nicholas G. Garaufis on 12/13/2023. (DP)
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| Filing 10 CERTIFICATE OF SERVICE by ENC Holding Corporation re #9 First MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6)First MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(5) (Briones, Raphael) |
| Filing 9 First MOTION to Dismiss for Failure to State a Claim Pursuant to Fed. R. Civ. P. 12(b)(6), First MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(5) by ENC Holding Corporation. (Attachments: #1 Declaration of Raphael Briones in Support of Motion to Dismiss 12(b)(6) and 12(b)(5), #2 Memorandum in Support of ENC Holding's Motion to Dismiss, #3 Exhibit A - Affidavit of Matt Bates in support of ENC Holding's Motion to Dismiss, #4 Exhibit B - Plaintiff's Summons and Complaint, #5 Exhibit C - Defendants' Petition for Removal, #6 Exhibit D -ENC Holding Corporate Disclosure Certificate, #7 Exhibit E - ENC Holding Corproation Search Results FMSCA SAFER System, #8 Exhibit F - ENC Holding Delaware Division of Corporations - Filing, #9 Exhibit G - Affidavit of Service filed 11.2.23) (Briones, Raphael) |
| Filing 8 Corporate Disclosure Statement by EF Corporation, EF Corporation d/b/a West Motor Freight, West Motor Freight of PA, Inc (Briones, Raphael) |
| Filing 7 Corporate Disclosure Statement by ENC Holding Corporation (Briones, Raphael) |
| Filing 6 Verified ANSWER to Complaint by EF Corporation, West Motor Freight of PA, Inc, EF Corporation d/b/a West Motor Freight. (Briones, Raphael) |
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Filing 5
SCHEDULING ORDER: An Initial Conference is set for 1/25/2024 @ 10:45 AM before Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 10:45 AM. Enter Access code: 380-1746 and security code: 23-8915. So Ordered by Magistrate Judge Cheryl L. Pollak on 12/5/2023. (DC)
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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. (CV) |
| Filing 3 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) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by EF Corporation, ENC Holding Corporation, West Motor Freight of PA, Inc (Briones, Raphael) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court Kings County, case number 529181/2023. ( Filing fee $ 405 receipt number ANYEDC-17343774) (Attachments: #1 Exhibit A - Plaintiff's Complaint, #2 Exhibit B - Affidavit of Service - ENC Holding, #3 Exhibit C - EF Corporation dba West Motor Freight AOS) (Briones, Raphael) |
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