Espinal v. Saia Motor Freight et al
| Leonardo Espinal |
| Saia Motor Freight, Michael Gomez and Saia Motor Freight Line LLC |
| 1:2023cv09357 |
| December 19, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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Filing 10
ORDER: The Court adopts the parties' proposed case management plan, see ECF No. 8, as the Court's scheduling order required by Rule 16(b), as reflected in the accompanying order. Ordered by Judge Hector Gonzalez on 1/25/2024. (RCM)
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| Filing 9 Letter - Joint letter describing the case by Michael Gomez, Saia Motor Freight (Abramson, Joshua) |
| Filing 8 Proposed Scheduling Order by Michael Gomez, Saia Motor Freight (Abramson, Joshua) |
| Filing 7 Corporate Disclosure Statement by Michael Gomez, Saia Motor Freight identifying Other Affiliate Saia, Inc. for Saia Motor Freight. (Abramson, Joshua) |
| Filing 6 Letter response to Plaintiff's January 12, 2024 letter by Michael Gomez, Saia Motor Freight (Abramson, Joshua) |
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ORDER: The Court has received the parties' letters regarding the propriety of removal. See ECF Nos. #5 , #6 . Defendant Saia has not filed the corporate disclosure statement required by Rule 7.1(a)(2), which requires that, in actions based on diversity under 28 U.S.C. 1332(a), the statement "must name-and identify the citizenship of-every individual or entity whose citizenship is attributed to that party." The Court reminds Defendant that the citizenship of a limited liability company is not defined by its principal place of business or the state's law under which it is organized. Instead, a limited liability company "takes the citizenship of all of its members." Platinum-Montaur Life Scis., LLC v. Navidea Biopharms., Inc., 943 F.3d 613, 615 (2d Cir. 2019). Defendant Saia shall file a corporate disclosure statement that complies with Rule 7.1 on or before January 25, 2024. The Court also extends the parties' deadline to submit their civil case management plan to January 25, 2024. See ECF No. #4 . Ordered by Judge Hector Gonzalez on 1/18/2024. (RCM)
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| Filing 5 Letter regarding removal by Leonardo Espinal (Levtow, Evan) |
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ORDER: The Court previously ordered Plaintiff to file a letter on or before January 3, 2024, explaining Plaintiff's position regarding whether this case was properly removed from state court. Plaintiff has neither filed that letter nor requested an extension of Plaintiff's time to do so. Plaintiff shall file the letter required by the Court's order on or before January 12, 2024, and Defendants shall file their responsive letter on or before January 19, 2024. The Court warns Plaintiff that future failures timely to comply with the Court's orders may result in sanctions. Ordered by Judge Hector Gonzalez on 1/5/2024. (BH)
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Filing 4
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 23, 2024, 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 Defendants' 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 12/27/2023. (BH)
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ORDER: Plaintiff shall file a letter no longer than three pages on or before January 3, 2024, 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 January 10, 2024.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 12/27/2023. (BH)
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| 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) |
| 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) |
| Filing 1 NOTICE OF REMOVAL by Michael Gomez, Saia Motor Freight from Supreme Court of the State of New York, County of Kings, case number 501215/2023. ( Filing fee $ 405 receipt number ANYEDC-17394640) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Complaint, #3 Exhibit B - Answer) (Abramson, Joshua) (Main Document 1 replaced on 12/20/2023) (CV). |
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