Posado Correa et al v. Diakonos Cargo Enterprises LLC et al
| Carlos Alberto Posado Correa, William Fabian Jula and Natalia A. Tobon Molina |
| Diakonos Cargo Enterprises LLC, Marie Cargo LLC and Nelson Alexander Brito Cordova |
| 1:2024cv00343 |
| January 17, 2024 |
| US District Court for the Eastern District of New York |
| Taryn A Merkl |
| Motor Vehicle |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 13, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 10 AFFIDAVIT/AFFIRMATION by Nelson Alexander Brito Cordova, Diakonos Cargo Enterprises LLC, Marie Cargo LLC (Ibrahim, Nadine) |
ORDER: Plaintiffs are directed to have new counsel file a notice of appearance forthwith, or no later than 3/26/2024. Plaintiff's failure to have counsel appear by 3/26/2024 may result in this Court recommending that Plaintiffs' claims be dismissed for failure to prosecute. Defendant is respectfully directed to provide a copy of this Order to Ms. Rivin and to provide a copy of this order directly to Plaintiffs and file proof of same thereof by 3/15/2024. Ordered by Magistrate Judge Taryn A. Merkl on 3/12/2024. (ALG)
|
| Filing 9 AFFIDAVIT/AFFIRMATION of Service by Nelson Alexander Brito Cordova, Diakonos Cargo Enterprises LLC, Marie Cargo LLC (Ibrahim, Nadine) |
| CLERK'S OFFICE NOTICE: An Order dated 2/28/2024 was erroneously entered on this docket and has since been remove. (RC) (RC) |
|
ORDER: The Court is in receipt of Defendants' letter #8 , indicating that Plaintiffs' counsel of record, Julia Rivin, has not been responsive and a secretary informed Defendants that the matter is being transferred to another firm. Plaintiffs are directed to have new counsel file a notice of appearance forthwith, or no later than 3/8/2024. All case deadlines and the scheduled 2/29/2024 initial conference are adjourned, sine die. For the reasons detailed in Defendants' letter, Defendant is respectfully directed to provide a copy of this Order to Ms. Rivin and to provide a copy of this order directly to Plaintiffs and file proof of same thereof by 3/1/2024. Ordered by Magistrate Judge Taryn A. Merkl on 2/28/2024. (ALG)
|
| Filing 8 Letter to Hon Taryn A. Merki by Nelson Alexander Brito Cordova, Diakonos Cargo Enterprises LLC, Marie Cargo LLC (Ibrahim, Nadine) Modified on 2/28/2024 to correct the event type (RC). |
|
ORDER: On 1/24/2024, the parties were directed to file a case management worksheet no later than 2/21/2024. The parties have not filed a case management worksheet. The parties are directed to file their case management worksheet by 5:00pm on 2/27/2024. Ordered by Magistrate Judge Taryn A. Merkl on 2/23/2024. (ALG)
|
|
Filing 7
SCHEDULING ORDER: A telephonic Initial Conference will be held on 2/29/2024 at 3:30 PM 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 2/21/2024. 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. Ordered by Magistrate Judge Taryn A. Merkl on 1/24/2024. (RC)
|
| Filing 6 Corporate Disclosure Statement by Nelson Alexander Brito Cordova, Diakonos Cargo Enterprises LLC, Marie Cargo LLC (Ibrahim, Nadine) |
|
ORDER: Defendants assert diversity jurisdiction under 28 U.S.C. 1332. (Petition for Removal, ECF No. [1-1], 1.) In diversity cases, Fed. R. Civ. P. 7.1 requires parties or intervenors to file a disclosure statement "(A) when the action is filed in or removed to federal court, and (B) when any later event occurs that could affect the courts jurisdiction under 1332(a)." See Fed. R. Civ. P. 7.1; see also United States Courts, Current Rules of Practice & Procedure, https://www.uscourts.gov/rules-policies/current-rules-practice-procedure. "For the purposes of establishing diversity jurisdiction, a limited liability company is a citizen of each state in which its individual members are citizens." United States Liab. Ins. Co. v. M Remodeling Corp., 444 F. Supp. 3d 408, 409 (E.D.N.Y. 2020) (collecting cases). The statement must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Defendant is respectfully directed to file a disclosure statement, naming and identifying the citizenship of every individual or entity comprising Defendants Diakonos Cargo Enterprises LLC and Marie Cargo LLC by 2/1/2024. Ordered by Magistrate Judge Taryn A. Merkl on 1/18/2024. (ALG)
|
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 4 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) |
| Filing 3 Civil Cover Sheet.. by Nelson Alexander Brito Cordova, Diakonos Cargo Enterprises LLC, Marie Cargo LLC (Ibrahim, Nadine) |
| Filing 2 DEMAND for Trial by Jury by Nelson Alexander Brito Cordova, Diakonos Cargo Enterprises LLC, Marie Cargo LLC (Ibrahim, Nadine) |
| Filing 1 NOTICE OF REMOVAL by Nelson Alexander Brito Cordova, Diakonos Cargo Enterprises LLC, Marie Cargo LLC from County of Queens, case number 718802/2023. ( Filing fee $ 405 receipt number ANYEDC-17468532) (Attachments: #1 Affidavit in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Ibrahim, Nadine) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit the completed Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (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) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
