Masudi v. Sher et al

Plaintiff: Hayat Masudi
Defendant: Michael S. Sher, Mikey Holdings Inc., Mikey Holding, Mikey's Holdings Inc., Arcbest, Panther Premium Logistics Inc. and Does 1-4
Case Number: 1:2024cv01741
Filed: March 8, 2024
Court: US District Court for the Eastern District of New York
Presiding Judge: Lois Bloom
Referring Judge: Nina R Morrison
Nature of Suit: Fraud or Truth-In-Lending
Cause of Action: 28 U.S.C. § 1332 Diversity-Notice of Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 17, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 17, 2024 Filing 19 TRANSCRIPT of Proceedings held on April 9, 2024, before Judge Bloom. Court Transcriber: Superior Reporting Services LLC. Email address: transcripts@superiorreporter.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/8/2024. Redacted Transcript Deadline set for 5/20/2024. Release of Transcript Restriction set for 7/16/2024. (RC)
April 9, 2024 Filing 18 Pro Se Consent to Electronic Notification filed by Hayat Masudi. (JVC)
April 9, 2024 Filing 17 Pro Se Consent to Electronic Notification filed by Michael S. Sher. Please note, the Defendant did not initial each line. (JVC)
April 9, 2024 Filing 16 ORDER: The Court held the initial conference in this pro se diversity removal action on April 9, 2024. Plaintiff appeared pro se. Attorneys Roger Todd Wooten and Matthew Koster appeared on behalf of defendants Arcbest II, Inc. and Panther II Transportation, Inc. Defendant Michael Sher appeared pro se. The Court advised Mr. Sher that although he may represent himself, he must retain counsel to represent defendant Mikey's Holdings Inc., as corporate defendants are not permitted to appear pro se in federal court and may only appear through a licensed attorney. See Grace v. Bank Leumi Trust Co. of NY, 443 F.3d 180, 187 (2d Cir. 2006) ("[I]t is well-settled law that a corporation may appear in the federal courts only through licensed counsel.").As discussed on the record, plaintiff requested leave to amend his complaint and shall file any amended complaint by May 9, 2024. Plaintiff shall attach copies of any contracts he alludes to in his amended complaint as exhibits to his amended complaint. Plaintiff was also informed that in order for the federal Court to have jurisdiction over this matter, the amount in controversy in this action must exceed $75,000 in non-speculative damages, exclusive of interest and costs. 28 U.S.C. 1332(a). See attached Order. Ordered by Magistrate Judge Lois Bloom on 4/9/2024. (VP)
April 9, 2024 Filing 15 NOTICE of Appearance by Warren Stephen Koster on behalf of Arcbest, Panther Premium Logistics Inc. (notification declined or already on case) (Koster, Warren)
April 9, 2024 Filing 14 NOTICE of Appearance by Warren Stephen Koster on behalf of Arcbest, Panther Premium Logistics Inc. (notification declined or already on case) (Koster, Warren)
April 9, 2024 Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Initial Conference Hearing held on 4/9/2024 (FTR Log #2:40-3:30.) (VP)
April 8, 2024 Email Notification Test - DO NOT REPLY (EV)
April 5, 2024 Filing 13 NOTICE of Appearance by Roger Todd Wooten on behalf of Panther Premium Logistics Inc. (notification declined or already on case) (Wooten, Roger)
April 5, 2024 Filing 12 NOTICE of Appearance by Roger Todd Wooten on behalf of Arcbest (notification declined or already on case) (Wooten, Roger)
April 3, 2024 Filing 11 Letter to Hon. Lois Bloom by Arcbest, Panther Premium Logistics Inc. (Koster, Warren)
March 29, 2024 ORDER granting #10 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 he receives electronic notification of activity in this case. Ordered by Magistrate Judge Lois Bloom on 3/29/2024. (VP)
March 28, 2024 Filing 10 First MOTION to Appear Pro Hac Vice Todd Wooten Filing fee $ 200, receipt number ANYEDC-17715468 by Arcbest, Panther Premium Logistics Inc.. (Attachments: #1 Affirmation, #2 Exhibit Affidavit of Mr. Wooten, #3 Exhibit Mr. Wooten's Certificate of Good Standing) (Koster, Warren)
March 27, 2024 Filing 9 Letter MOTION to Remand to State Court . Plaintiff is respectfully requesting for a jury trial and to petition the court for a remand back to the New York State Supreme Court due to improper process service, filed by Hayat Masudi. (JVC)
March 25, 2024 Filing 8 ANSWER to Complaint by Mikey Holding, Mikey Holdings Inc., Mikey's Holdings Inc., Michael S. Sher. (JVC)
March 22, 2024 Filing 7 DEMAND for Trial by Jury by Arcbest, Panther Premium Logistics Inc. (Koster, Warren)
March 20, 2024 Filing 6 AFFIDAVIT of Service for Order Scheduling served on Hayat Masudi, Michael Stuart Sher and Mikey Holdings on 3/20/2024, filed by Arcbest, Panther Premium Logistics Inc.. (Koster, Warren)
March 19, 2024 Filing 5 ORDER: Defendants Arcbest II Inc. ("Arcbest") and Panther II Transportation, Inc. ("Panther") removed this pro se action from Queens County Supreme Court, invoking this Court's diversity jurisdiction. ECF No. #1 .Any party seeking a trial by jury shall file a jury demand by March 26, 2024. Fed. R. Civ. P. 81(c)(3)(A). Defendants Michael Stuart Sher and Mikey's Holdings Inc. shall respond to plaintiff's complaint by that date. Any party seeking to file a dispositive motion shall consult Judge Morrison's Individual Rules. All corporate defendants shall file a corporate disclosure statement in accordance with Federal Rule of Civil Procedure 7.1 by that date.The Court shall hold the initial conference on April 9, 2024 at 2:30 p.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No Rule 26(f) meeting report is required at this time. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference.Counsel for defendants Arcbest and Panther shall serve a copy of this Order on plaintiff and on defendants Michael Stuart Sher and Mikey's Holdings and file proof of service on the docket forthwith. See attached Order. Ordered by Magistrate Judge Lois Bloom on 3/19/2024. (VP)
March 8, 2024 Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD)
March 8, 2024 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 (KD)
March 8, 2024 Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by Arcbest, Panther Premium Logistics Inc. (Koster, Warren)
March 8, 2024 Filing 1 NOTICE OF REMOVAL by Arcbest, Panther Premium Logistics Inc. from Supreme Court of the State of New York County of Queens, case number 702994/2024. ( Filing fee $ 405 receipt number ANYEDC-17648953) (Attachments: #1 Complaint and Answer) (Koster, Warren)
March 8, 2024 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 a completed Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD)
March 8, 2024 Case Assigned to Judge Nina R. Morrison and Magistrate Judge Lois Bloom. 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)
March 8, 2024 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)

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Plaintiff: Hayat Masudi
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Defendant: Michael S. Sher
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Defendant: Mikey Holdings Inc.
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Defendant: Mikey Holding
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Defendant: Mikey's Holdings Inc.
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Defendant: Arcbest
Represented By: Warren Stephen Koster
Represented By: Roger Todd Wooten
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Defendant: Panther Premium Logistics Inc.
Represented By: Warren Stephen Koster
Represented By: Roger Todd Wooten
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Defendant: Does 1-4
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