Herrera v. JP Trucking & Transport LLC et al
| Jairo Herrera |
| JP Trucking & Transport LLC and Elvin Anderson Guevera |
| 1:2024cv07161 |
| October 11, 2024 |
| U.S. District Court for the Eastern District of New York |
| Vera M Scanlon |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| None |
Docket Report
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This docket was last retrieved on November 27, 2024. A more recent docket listing may be available from PACER.
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ORDER. As discussed during the conference, Plaintiff will serve a settlement demand on or before 1/31/2025; Defendant is to respond on or before 2/28/2025. Any motion practice as to joinder and/or amendments of the pleadings must be commenced on or before 12/31/2024. A joint discovery status letter is due to the Court by 4/11/2025. Fact discovery will close by 4/30/2025. The parties must serve initial disclosures as to expert discovery on or before 4/30/2025, initial expert reports on or before 6/30/2025, and rebuttal expert reports on or before 8/14/2025. Expert discovery will close by 10/13/2025; by 10/30/2025, parties must file a joint letter certifying the close of all discovery. Dispositive motion practice is to commence by 11/24/2025 or the proposed JPTO to be filed by 12/19/2025, in accordance with the assigned judge's individual rules. If parties are interested in pursuing mediation through the Court-annexed mediation program, to request a referral, they may file a joint request on ECF at any time. For more information, see https://www.nyed.uscourts.gov/alternative-dispute-resolution. Ordered by Magistrate Judge Vera M. Scanlon on 11/27/2024. (SH)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Initial Conference held on 11/26/2024. Joseph D Levy appeared on behalf of Plaintiffs. Melissa D. Patzelt-Russo and Marisa Polito appeared on behalf of Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #14:39-14:58.) (SH) |
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ORDER. The Motion to Adjourn Conference at ECF No. #9 is granted. The Court is not available on the proposed dates. The Initial Conference is now scheduled for 11/26/2024 at 2:30 PM before Magistrate Judge Vera M. Scanlon. To gain access to the ZoomGov audio conferencing system, counsel 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 Court is in receipt of the CMP at ECF No. #8 . Ordered by Magistrate Judge Vera M. Scanlon on 11/13/2024. (SH)
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Hearing terminated. Ordered by Magistrate Judge Vera M. Scanlon on 11/13/2024. (SH)
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| Filing 9 Letter MOTION to Adjourn Conference by JP Trucking & Transport LLC, Elvin Anderson Guevera. (Patzelt-Russo, Melissa) |
| Filing 8 Proposed Scheduling Order by JP Trucking & Transport LLC, Elvin Anderson Guevera (Patzelt-Russo, Melissa) |
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Filing 7
SCHEDULING ORDER: An Initial Conference is scheduled for 11/14/2024 at 12:00 PM via ZoomGov. To gain access to the ZoomGov audio conferencing system, counsel and/or any pro se 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 (CMP) and file it on ECF no later than 11/5/2024. Counsel and the parties are encouraged to discuss the possibility of consenting to the magistrate judge handling this case. Instructions as to this process are included on the docket at ECF No. #5 . Ordered by Magistrate Judge Vera M. Scanlon on 10/18/2024. (SH)
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| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 5 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 Vera M. Scanlon. 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 4 Civil Cover Sheet.. by JP Trucking & Transport LLC, Elvin Anderson Guevera (Patzelt-Russo, Melissa) |
| Filing 3 Corporate Disclosure Statement by Elvin Anderson Guevera, JP Trucking & Transport LLC (Patzelt-Russo, Melissa) |
| Filing 2 DEMAND for Trial by Jury by Elvin Anderson Guevera, JP Trucking & Transport LLC (Patzelt-Russo, Melissa) |
| Filing 1 NOTICE OF REMOVAL by Elvin Anderson Guevera, JP Trucking & Transport LLC from Supreme Court, Queens County, case number 701223/2024. ( Filing fee $ 405 receipt number ANYEDC-18379426) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Summons and Complaint and Answer, #3 Exhibit B - Discovery Demands to Plaintiff, #4 Exhibit C - Plaintiff's Bill of Particulars) (Patzelt-Russo, Melissa) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a corrected Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet correctly answering the NY-E Division of Business Rule 1(d) Question 1) section on the second page. This is a Notice of Removal from Nassau County, however you answered Yes***The State Court Records indicate Supreme Court of Queens County. Please Read the questions thoroughly and correctly answer all questions.This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
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