Moncada et al v. Riopel et al
| Leon J. Palacio Moncada, Jennifer Bueno, Betty J. Bueno Vargas and Sergio E Chicaguala |
| NFI Interactive Logistics, LLC doing business as NFI Transportation, Marc A. Riopel and National Freight Inc. |
| 1:2024cv07164 |
| October 2, 2024 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on November 6, 2024. A more recent docket listing may be available from PACER.
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| Civil Case Terminated. See Order dated 11/6/2024. (SG) |
ORDER: The parties jointly submit a letter stating that the same matter was opened under two separate docket numbers in error and the parties have already appeared in front of Judge Levy in 24-CV-6225. ECF No. #6 . This case 24-CV-7164 was apparently a "clerical" error. Therefore, the Clerk of Court is hereby directed to terminate this case without prejudice to plaintiffs claims in 24-CV-6225.Plaintiffs counsel's motion, ECF No. #5 , for an extension of time to file a motion to be admitted to this district pro hac vice is administratively terminated. The Court conference on November 7, 2024 before me is canceled. Ordered by Magistrate Judge Lois Bloom on 11/6/2024. (NL)
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| Filing 6 Letter Submitted Jointly by Leon J. Palacio Moncada, Jennifer Bueno, Sergio E Chicaguala, Betty J. Bueno Vargas, Marc A. Riopel, National Freight Inc., NFI Interactive Logistics, LLC (Plush, Paul) |
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ORDER: Defendants removed this action from Queens County Supreme Court to the United States District Court for the Southern District of New York, invoking the Courts diversity jurisdiction. ECF No. #1 . The case was transferred to this District on October 11, 2024.Despite being ordered to respond to the complaint, no response has been filed. The Court ordered defendants counsel to show good cause by November 5, 2024 why they should not be sanctioned for failing to comply with the Court's order. ECF Order dated October 31, 2024. Defendants' counsel is hereby given one last chance to comply with the Court's Order by November 5, 2024. My Chambers received a telephone call from defendants' counsel stating that the parties have already held an initial conference in this matter under docket number 1:24-cv-06225-CBA-RML. However, defendants' counsel has not filed anything in this case and plaintiffs' counsel now requests an extension of time to file a motion to be admitted to this district pro hac vice. ECF No. #5 . The parties shall file a joint status letter by November 5, 2024 clarifying their position on this case, docket number 1:24-cv-07164-LB. The conference on November 7, 2024 at 3:00 p.m. shall proceed as scheduled unless both sides request an adjournment by noon on November 5, 2024. Ordered by Magistrate Judge Lois Bloom on 11/4/2024. (NL)
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| Filing 5 First MOTION for Extension of Time to File Motion Seeking Pro Hac Vice Admission by Jennifer Bueno. (Shakh, Roman) |
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ORDER: Defendants removed this action from Queens County Supreme Court to the United States District Court for the Southern District of New York, invoking the Courts diversity jurisdiction. ECF No. #1 . The case was transferred to this District on October 11, 2024.The Court ordered defendants to respond to plaintiff's complaint by October 23, 2024 and shall hold the initial conference on November 7, 2024. ECF Order dated October 17, 2024. Counsel was also informed they need to be admitted to practice before this Court and must do so by applying for pro hac vice or permanent admission. ECF Docket Entry dated October 11, 2024. To date, defendants have not responded to the complaint and no counsel has filed a motion for pro hac vice admission. The parties have also failed to file a Rule 26(f) Meeting Report as ordered. Defendants' counsel is hereby ordered to show good cause by November 5, 2024 why they should not be sanctioned for failing to comply with the Court's order. Defendants' counsel shall serve a copy of this Order on plaintiff's counsel and shall file proof of service on the docket forthwith. The Court shall hold the conference on November 7, 2024 at 3:00 p.m. in Courtroom 11A South, 225 Cadman Plaza East, Brooklyn, New York as scheduled. Ordered by Magistrate Judge Lois Bloom on 10/31/2024. (NL)
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ORDER: Defendants removed this action from Queens County Supreme Court to the United States District Court for the Southern District of New York, invoking the Courts diversity jurisdiction. ECF No. #1 . The case was transferred to this District on October 11, 2024. Defendants shall respond to plaintiff's complaint by October 23, 2024. Fed. R. Civ. P. 81(c)(2)(C). Any party seeking a trial by jury shall file a jury demand by that date. Fed. R. Civ. P. 81(c)(3)(A). The Court shall hold the initial conference on November 7, 2024 at 3:00 p.m. in Courtroom 11A South of the United State Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange their Rule 26(a)(1) initial disclosures and file a 26(f) Meeting Report by October 23, 2024. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 10/17/2024. (NL)
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| 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. (SDM) |
| Filing 3 Case transferred in from District of New York Southern; Case Number 1:24-cv-06750. Original file certified copy of transfer order and docket sheet received. |
| 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. (SDM) |
| The case of Moncada et al v. Riopel et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 24-cv-7164. 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. (SDM) |
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Filing 2
ORDER The Clerk of Court is directed to remove this case from this Court's docket and transfer it to the United States District Court for the Eastern District of New York. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 9/23/2024) (jca) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/11/2024.]
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| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Paul Phillip Plush. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) [Transferred from New York Southern on 10/11/2024.] |
| Case Designated ECF. (jgo) [Transferred from New York Southern on 10/11/2024.] |
| Magistrate Judge Sarah L. Cave is designated to handle matters that may be referred in this case. 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 10/11/2024.] |
| 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 10/11/2024.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul Phillip Plush. The party information for the following party/parties has been modified: Leon J. Palachio Moncada; NFI INTERACTIVE LOGISTICS, LLC d/b/a NFI TRANSPORTATION. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps;. (jgo) [Transferred from New York Southern on 10/11/2024.] |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Queens. Case Number: 712630/2024. (Filing Fee $ 405.00, Receipt Number ANYSDC-29850246).Document filed by National Freight, Inc., NFI INTERACTIVE LOGISTICS, LLC d/b/a NFI TRANSPORTATION, Marc A. Riopel. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Amended Complaint, #3 Exhibit C - Documents filed in State Court).(Plush, Paul) [Transferred from New York Southern on 10/11/2024.] |
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