Fall v. Diction et al
| Cheikh Fall |
| Javier Diction and Flavia Trucking Corp. |
| 1:2023cv09612 |
| December 29, 2023 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Vera M Scanlon |
| Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on February 7, 2024. A more recent docket listing may be available from PACER.
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ORDER granting #20 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Ordered by Magistrate Judge Vera M. Scanlon on 2/7/2024. (GS)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Initial Conference Hearing held on 2/7/2024. Michael Rentas Mule appeared for Plaintiff. James M. Carman appeared for Defendants. See separate docket entry for Order. (FTR Log #3:33-3:47.) (GS) |
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ORDER. As discussed on the record during the 2/7/2024 Initial Conference, the Court sets the following discovery schedule: By 2/26/2024, the parties will serve Rule 26(a)(1) initial disclosures and Plaintiff will provide medical record authorizations and any relevant medical records in his possession. By 3/4/2024, the parties will serve initial document requests and interrogatories. Any joinder or amendment of the pleadings must be made by 4/24/2024. The parties will complete fact discovery by 7/31/2024.If the parties perform expert discovery, they will serve initial expert disclosures by 6/15/2024; initial expert reports by 7/31/2024; and rebuttal expert reports by 9/30/2024. All discovery, including expert depositions, must be completed by 10/31/2024, and the parties must file a joint letter by that date confirming that all discovery is complete.By 7/17/2024, the parties will file a joint status report, of no more than four pages, identifying any outstanding discovery disputes.The parties are referred to the Individual Rules of the District Judge regarding the schedule for initiating dispositive motion practice and/or filing a proposed joint pretrial order.If the parties wish to be referred to Court-annexed mediation, they should file a joint letter requesting a referral.Ordered by Magistrate Judge Vera M. Scanlon on 2/7/2024. (GS)
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| Filing 20 First MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17537408 by Cheikh Fall. (Attachments: #1 Affidavit) (Mule, Michael) |
| Filing 19 CASE MANAGEMENT STATEMENT Joint Proposed Civil Case Management Plan (Mirigliano, Thomas) |
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Filing 18
SCHEDULING ORDER: An Initial Conference is set for 2/7/2024 at 3:30 PM before Magistrate Judge Vera M. Scanlon via ZoomGov. To gain access to the ZoomGov audio conferencing system, the parties are to dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. The parties must complete the attached Joint Proposed Case Management Plan and file it on ECF no later than 1/24/2024. Ordered by Magistrate Judge Vera M. Scanlon on 1/10/2024. (GS)
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| Filing 17 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) |
| Filing 16 Case transferred in from District of New York Southern; Case Number 1:23-cv-05936. Original file certified copy of transfer order and docket sheet received. |
| The case of Fall v. Diction et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 23-9612. PLEASE NOTE: 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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Filing 15
ORDER: On November 1, 2023, the Court issued an Order to Show Cause why this case should not be transferred to the United States District Court for the Eastern District of New York under 28 U.S.C. 1404(a). See ECF No. 7 (noting that "all of the events and omissions giving rise to Plaintiff's claims appear to have occurred in Brooklyn."). Neither party opposes transfer to the Eastern District of New York, see ECF Nos. 8 at 1; 10 at 1; 12 at 1. Accordingly, pursuant to 28 U.S.C. 1404(a), the Court hereby transfers this case to theUnited States District Court for the Eastern District of New York. The Clerk of Court is directed to transfer the case to the Eastern District of New York and to close the case here. The waiting period set forth in Local Rule 83.1 is waived. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 12/29/2023) (ama) [Transferred from New York Southern on 1/2/2024.]
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Filing 14
MEMO ENDORSEMENT: on re: #12 Letter filed by Cheikh Fall. ENDORSEMENT: The Clerk of Court is directed to terminate ECF No. 8. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 12/29/2023) (ama) [Transferred from New York Southern on 1/2/2024.]
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Filing 13
MEMO ENDORSEMENT: on re: #11 Letter filed by Flavia Trucking Corp., Javier Diction. ENDORSEMENT: The Court's November 13, 2023 Order to Show Cause concerning subject matter jurisdiction (see ECF No. 9) is satisfied. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 12/29/2023) (ama) [Transferred from New York Southern on 1/2/2024.]
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(ama) [Transferred from New York Southern on 1/2/2024.] |
| Filing 12 LETTER addressed to Judge Jennifer H. Rearden from Thomas S. Mirigliano, Esq. dated 12/01/2023 re: Plaintiff Response to November 13, 2023 Order to Show Cause. Document filed by Cheikh Fall..(Mirigliano, Thomas) [Transferred from New York Southern on 1/2/2024.] |
| Filing 11 LETTER addressed to Judge Jennifer H. Rearden from James M. Carman dated November 22, 2023 re: Defendants' Response to OSC to remand. Document filed by Javier Diction, Flavia Trucking Corp...(Carman, James) [Transferred from New York Southern on 1/2/2024.] |
| Filing 10 LETTER addressed to Judge Jennifer L. Rochon from James M. Carman dated November 22, 2023 re: Response to Order to Show Cause. Document filed by Javier Diction, Flavia Trucking Corp...(Carman, James) [Transferred from New York Southern on 1/2/2024.] |
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Filing 9
ORDER TO SHOW CAUSE: For these reasons, it is hereby ORDERED that, by Wednesday, November 22, 2023, Defendants shall show cause in writing why this case should not be remanded to the Supreme Court of New York, Bronx County. Defendants' submission shall include an affidavit attesting to any facts relevant to the diversity analysis, including the citizenship of all parties "at the time the action was commenced in state court and at the time of removal," Mitchell, 2017 WL 2876313, at *1, and the amount in controversy in this case. If Plaintiff further contests diversity jurisdiction, Plaintiff may file a response by Friday, December 1, 2023 addressing any facts included in Defendants' affidavit or that are otherwise relevant to the diversity analysis.Should Defendants fail to show cause by the aforementioned deadline, including by failing to file any papers in response to this Order, the Court will remand the case for lack ofsubject matter jurisdiction without further notice to the parties.SO ORDERED. Show Cause Response due by 11/22/2023. (Signed by Judge Jennifer H. Rearden on 11/13/2023) (ama) [Transferred from New York Southern on 1/2/2024.]
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| Filing 8 LETTER addressed to Judge Jennifer H. Rearden from Thomas S. Mirigliano, Esq. dated 11/07/2023 re: Plaintiff Response to November 1, 2023 Order to Show Cause. Document filed by Cheikh Fall..(Mirigliano, Thomas) [Transferred from New York Southern on 1/2/2024.] |
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Filing 7
ORDER TO SHOW CAUSE: Accordingly, by November 9, 2023, Plaintiff is directed to show cause why this case should not be transferred to the Eastern District of New York. Alternatively, by that same date, the parties may inform the Court if they consent to the transfer of this case to the Eastern District of New York.If the Court does not receive a response to this Order by November 8, 2023, the Court will transfer the case to the Eastern District of New York without further notice. SO ORDERED. Show Cause Response due by 11/9/2023. (Signed by Judge Jennifer H. Rearden on 11/01/2023) (ama) [Transferred from New York Southern on 1/2/2024.]
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| Filing 6 NOTICE OF APPEARANCE by Thomas Mirigliano on behalf of Cheikh Fall..(Mirigliano, Thomas) [Transferred from New York Southern on 1/2/2024.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James M. Carman. The following case opening statistical information was erroneously selected/entered: County code Bronx;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) [Transferred from New York Southern on 1/2/2024.] |
| Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) [Transferred from New York Southern on 1/2/2024.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) [Transferred from New York Southern on 1/2/2024.] |
| Case Designated ECF. (jgo) [Transferred from New York Southern on 1/2/2024.] |
| Filing 5 NOTICE OF REMOVAL from Supreme, County of Bronx. Case Number: 800253/2023E. (Filing Fee $ 402.00, Receipt Number ANYSDC-27989695).Document filed by Flavia Trucking Corp., Javier Diction. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Defendants' Answer, #3 Exhibit C - Bill of Particulars, #4 Exhibit D - Response to Ad Damnum).(Carman, James) [Transferred from New York Southern on 1/2/2024.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James M. Carman to RE-FILE Document No. #1 Petition (Other),. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading;. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 7/17/2023. (jgo) [Transferred from New York Southern on 1/2/2024.] |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Javier Diction, Flavia Trucking Corp...(Carman, James) [Transferred from New York Southern on 1/2/2024.] |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Javier Diction, Flavia Trucking Corp...(Carman, James) Modified on 7/11/2023 (kj). [Transferred from New York Southern on 1/2/2024.] |
| Filing 2 CIVIL COVER SHEET filed..(Carman, James) [Transferred from New York Southern on 1/2/2024.] |
| Filing 1 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PETITION REMOVAL. (Filing Fee $ 402.00, Receipt Number ANYSDC-27983575).Document filed by Flavia Trucking Corp., Javier Diction. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Defendants' Answer, #3 Exhibit C - Bill of Particulars, #4 Exhibit Response to Ad Damnum Demand).(Carman, James) Modified on 7/12/2023 (jgo). [Transferred from New York Southern on 1/2/2024.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney James M. Carman to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. (kj) [Transferred from New York Southern on 1/2/2024.] |
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