Alam v. Jimma Trucking, LLC et al
| Happy Alam |
| Jimma Trucking, LLC and Nathaniel Lee Harrison |
| 1:2023cv09172 |
| December 14, 2023 |
| US District Court for the Eastern District of New York |
| Taryn A Merkl |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| None |
Docket Report
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties.Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session using the Selection of the Mediator Form on the ADR Forms website under Mediator Forms/For Counsel and Parties: https://www.nyed.uscourts.gov/adr-forms or via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)].The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov.Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. The Mediation Report must be submitted within two weeks following mediation session. (JR) |
ORDER REFERRING CASE to Mediation. Selection of Mediator due by 2/20/2024. Mediation shall be completed by 5/10/2024.Ordered by Magistrate Judge Taryn A. Merkl on 2/6/2024. (ES)
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Minute Entry and Order: A telephonic Initial Conference was held on 2/6/2024 before Magistrate Judge Taryn A. Merkl. Appearances by Joshua Versoza for Plaintiff and Jeffrey Payne for Defendants. As stated on the record, this case will be referred to the EDNY Mediation Panel at the parties' request. Counsel shall exchange all relevant documents and records prior to mediation, if they have not done so already. Selection of Mediator due by 2/20/2024. Mediation shall be completed by 5/10/2024. The parties are directed to file a joint status letter by 5/17/2024, or within one week of the completion of mediation, whichever is sooner, providing an update as to the status of mediation and case status. The parties also confirmed that they have held their Rule 26(f) conference. The Court reminded the parties of their obligations to preserve and, if appropriate, produce electronically stored information during discovery. As stated on the record, the parties' discovery plan is adopted, in part, as follows. Rule 26(a) initial disclosures and any HIPAA-compliant records authorizations shall be exchanged by 2/9/2024. First requests for documents and interrogatories shall be exchanged by 2/26/2024. Phase I discovery shall be completed by 4/5/2024. The deadline for joining additional parties and amending the pleadings as of right is 5/3/2024. Fact discovery shall be completed on or before 6/28/2024. The parties are directed to file a joint status report certifying the close of fact discovery by 7/5/2024. Exchange of expert disclosures shall be completed by 8/5/2024. Expert depositions shall be completed by 9/5/2024. Exchange of rebuttal expert reports shall be completed by 10/7/2024. All expert discovery shall be completed by 11/29/2024, and certification of the completion of all discovery shall be filed on ECF by 11/29/2024. The last date to take the first step in dispositive motion practice is 12/29/2024, and must be done in accordance with the Individual Rules of the assigned District Judge. As discussed at the conference, this case has been assigned to a Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23. The Administrative Order, answers to Frequently Asked Questions about the Pilot Program, information about consenting to a Magistrate Judge, and a biography of the Magistrate Judge assigned to this case are on the Courts website at # https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. The parties are respectfully directed to confer regarding whether both parties consent to jurisdiction by the undersigned Magistrate Judge. If the parties so consent, the parties should file the consent form available at # https://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge by 3/7/2024. Ordered by Magistrate Judge Taryn A. Merkl on 2/6/2024. (AT&T Log #11:05-11:30.) (ES)
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| Filing 10 Proposed Scheduling Order Joint Case Management Worksheet by Happy Alam (Nahas, Gregory) |
| Filing 9 NOTICE of Appearance by Gregory Nahas on behalf of Happy Alam (aty to be noticed) (Nahas, Gregory) |
| Filing 8 NOTICE of Appearance by Joshua Lorenzo Versoza on behalf of Happy Alam (notification declined or already on case) (Versoza, Joshua) |
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Filing 7
SCHEDULING ORDER: A telephonic Initial Conference will be held on 2/6/2024 at 11:00 a.m.before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the attached Case Management Worksheet and electronically file same with the Court no later than 1/29/2024. Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. This case has been assigned to a Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23. The Administrative Order, answers to Frequently Asked Questions about the Pilot Program, information about consenting to a Magistrate Judge, and a biography of the Magistrate Judge assigned to this case are on the Courts website at # https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. In advance of the Initial Conference, the parties are respectfully directed to confer regarding whether both parties consent to jurisdiction by the undersigned Magistrate Judge. If the parties so consent, the parties should file the consent form available at # https://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge by 3/7/2024. Ordered by Magistrate Judge Taryn A. Merkl on 12/26/2023. (ES)
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| Filing 6 ANSWER to Complaint by Nathaniel Lee Harrison, Jimma Trucking, LLC. (Attachments: #1 Declaration Declaration of Service of Answer) (Payne, Jeffrey) |
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ORDER: In removal actions, Federal Rule of Civil Procedure 81(c)(2) requires the defendant to file an answer 21 days after service of the initial pleading or 7 days after the notice of removal was filed, whichever is longer. Defendants filed their notice of removal in this case on 12/14/2023, but have failed to answer or otherwise respond to the Complaint, which was originally filed in state court on 11/9/2023, and was served to Defendant Jimma Trucking on 11/17/2023 and Defendant Harrison on 11/30/2023. Defendants are hereby directed to file an answer or otherwise respond to the Complaint in this case on or before 12/21/2023. The parties are reminded that this case has been assigned to a Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23. The Administrative Order, answers to Frequently Asked Questions about the Pilot Program, information about consenting to a Magistrate Judge, and a biography of the Magistrate Judge assigned to this case are on the Courts website at |
| Filing 5 DECLARATION re #1 Notice of Removal, by Nathaniel Lee Harrison, Jimma Trucking, LLC (Payne, Jeffrey) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 3 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. (KD) |
| Case Assigned to Magistrate Judge Taryn A. Merkl. 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. (KD) |
| 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. (KD) |
| Filing 2 Corporate Disclosure Statement by Nathaniel Lee Harrison, Jimma Trucking, LLC (Payne, Jeffrey) |
| Filing 1 NOTICE OF REMOVAL by Nathaniel Lee Harrison, Jimma Trucking, LLC from Supreme Court, Kings County, case number 532953/2023. ( Filing fee $ 405 receipt number ANYEDC-17378807) (Attachments: #1 Exhibit Ex. A - S&C, #2 Civil Cover Sheet) (Payne, Jeffrey) |
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