Samuel Duncan, Jr. v. W&A Distribution Services, Inc. et al.
Plaintiff: Samuel Duncan, Jr.
Respondent: W&A Distribution Services, Inc.
Case Number: 2:2018cv03742
Filed: June 28, 2018
Court: US District Court for the Eastern District of New York
Office: Central Islip Office
Presiding Judge: Steven I Locke
Referring Judge: Arthur D Spatt
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Auto Negligence
Jury Demanded By: None
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Docket Report

This docket was last retrieved on June 28, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 28, 2018 Filing 11 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Cox, Dwayne)
June 28, 2018 Filing 10 Case transferred in from District of New York Southern; Case Number 1:18-cv-04754. Original file certified copy of transfer order and docket sheet received.
June 21, 2018 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. (anc) [Transferred from New York Southern on 6/28/2018.]
June 21, 2018 Opinion or Order Filing 9 ORDER: This case was originally filed in the Supreme Court of the State of New York, County of Suffolk. (Dkt. No. 1.) Suffolk County is located in the Eastern District of New York, and therefore removal to the Southern District of New York was improper. See 28 U.S.C. 1441(a) ("[A]ny civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending." (emphasis added)). Pursuant to 28 U.S.C. 1404(a), "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented." At a conference held on June 21, 2018, counsel for each party consented to transfer this action to the Eastern District of New York. Therefore, it is hereby ORDERED that this action be transferred to the U.S. District Court for the Eastern District of New York. Pursuant to Local Civil Rule 83.1, the Clerk shall, upon the expiration of seven days, effectuate the transfer of the case to the Eastern District of New York. (Signed by Judge J. Paul Oetken on 6/21/2018) (mro) [Transferred from New York Southern on 6/28/2018.]
June 11, 2018 Filing 8 NOTICE OF APPEARANCE by Jacqueline Leigh Zoller on behalf of W&A Distribution Services, Inc.. (Zoller, Jacqueline) [Transferred from New York Southern on 6/28/2018.]
June 5, 2018 Opinion or Order Filing 7 ORDER: Counsel for all parties are directed to appear for an initial pretrial conference with the Court on June 21, 2018, at 3:00 p.m. The conference will be held in Courtroom 706 of the Thurgood Marshall United States Court House, 40 Foley Square, New York, New York. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. And as set forth herein. SO ORDERED. Initial Conference set for 6/21/2018 at 03:00 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 6/05/2018) (ama) [Transferred from New York Southern on 6/28/2018.]
June 4, 2018 Filing 6 NOTICE OF APPEARANCE by Joseph M. Sorce on behalf of Samuel Duncan, Jr.. (Sorce, Joseph) [Transferred from New York Southern on 6/28/2018.]
June 4, 2018 Filing 5 ANSWER to Complaint. Document filed by W&A Distribution Services, Inc.. (Attachments: #1 Affidavit of service)(Segal, Jeffrey) [Transferred from New York Southern on 6/28/2018.]
June 1, 2018 Opinion or Order Filing 4 ORDER: This case was removed from the Supreme Court of the State of New York, County of Suffolk, on May 30, 2018. Counsel for the plaintiff is directed to file an appearance with this Court no later than June 22, 2018. Counsel for the defendant shall serve a copy of this order on counsel for the plaintiff by June 8, 2018. SO ORDERED. (Signed by Judge J. Paul Oetken on 6/01/2018) (ama) [Transferred from New York Southern on 6/28/2018.]
May 31, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jeffrey Adam Segal re: Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) [Transferred from New York Southern on 6/28/2018.]
May 31, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey Adam Segal. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1441pr; County code Suffolk; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (pc) [Transferred from New York Southern on 6/28/2018.]
May 31, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (pc) [Transferred from New York Southern on 6/28/2018.]
May 31, 2018 Magistrate Judge Gabriel W. Gorenstein 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: #http://nysd.uscourts.gov/forms.php. (pc) [Transferred from New York Southern on 6/28/2018.]
May 31, 2018 Case Designated ECF. (pc) [Transferred from New York Southern on 6/28/2018.]
May 30, 2018 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by W&A Distribution Services, Inc..(Segal, Jeffrey) [Transferred from New York Southern on 6/28/2018.]
May 30, 2018 Filing 2 CIVIL COVER SHEET filed. (Segal, Jeffrey) [Transferred from New York Southern on 6/28/2018.]
May 30, 2018 Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Suffolk. Case Number: 609482/2018. (Filing Fee $ 400.00, Receipt Number 0208-15131553).Document filed by W&A Distribution Services, Inc.. (Attachments: #1 Affidavit of service, #2 Exhibit A - Summons and Complaint)(Segal, Jeffrey) [Transferred from New York Southern on 6/28/2018.]

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Respondent: W&A Distribution Services, Inc.
Represented By: Jacqueline Leigh Zoller
Represented By: Jeffrey Adam Segal
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Plaintiff: Samuel Duncan, Jr.
Represented By: Joseph M. Sorce
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