Gold Coast Transportation Service LLC et. al. v. NTI-NY, Inc. et. al.
| Gold Coast Transportation Service LLC, Josephine Herrschaft and Anthony Herrschaft |
| NTI-NY, Inc., National Transportation, Inc., James Gleich, John Kindt, Amy Wills, Rich Nolan and Marc A Jacobi |
| 2:2021cv05396 |
| September 29, 2021 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| James M Wicks |
| Stockholders Suits |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 24 Summons Returned Unexecuted by Anthony Herrschaft, Josephine Herrschaft, Gold Coast Transportation Service LLC as to John Kindt. (Honecker, Rodman) |
| Filing 23 Letter Request for Pre-Motion Conference by James Gleich, Marc A Jacobi, John Kindt, NTI-NY, Inc., National Transportation, Inc. (Keane, Timothy) |
| Filing 22 SUMMONS Returned Executed by Anthony Herrschaft, Josephine Herrschaft, Gold Coast Transportation Service LLC. Marc A Jacobi served on 10/29/2021, answer due 11/19/2021. (Honecker, Rodman) |
| Filing 21 Summons Returned Unexecuted by Anthony Herrschaft, Josephine Herrschaft, Gold Coast Transportation Service LLC as to Rich Nolan. (Honecker, Rodman) |
| Filing 20 Letter Request for a Pre-Motion Conference by James Gleich, Marc A Jacobi, John Kindt, NTI-NY, Inc., National Transportation, Inc. (Keane, Timothy) |
| Filing 19 REPLY in Support further support of remand motion filed by Gold Coast Transportation Service LLC, Anthony Herrschaft, Josephine Herrschaft. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Memorandum in Support, #6 Certificate of Service) (Honecker, Rodman) |
| Filing 18 Letter to Honorable Denis Hurley by James Gleich, Marc A Jacobi, John Kindt, NTI-NY, Inc., National Transportation, Inc., Rich Nolan, Amy Wills (Keane, Timothy) |
| Filing 17 MEMORANDUM in Opposition re #13 MOTION to Remand to State Court filed by All Defendants. (Keane, Timothy) |
ORDER re #18 Letter filed by Rich Nolan, NTI-NY, Inc., James Gleich, National Transportation, Inc., Amy Wills, John Kindt, Marc A Jacobi : The application to accept the late filing is granted. In view of the late filing, plaintiffs are granted one additional day to file their reply. Ordered by Judge Denis R. Hurley on 11/4/2021. (Gapinski, Michele)
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| Filing 16 AFFIDAVIT/DECLARATION in Opposition re #13 MOTION to Remand to State Court Declaration of Marc A. Jacobi filed by All Defendants. (Keane, Timothy) |
| Filing 15 AFFIDAVIT/DECLARATION in Opposition re #13 MOTION to Remand to State Court Affidavit of Amy Wills filed by All Defendants. (Keane, Timothy) |
| Filing 14 AFFIDAVIT/DECLARATION in Opposition re #13 MOTION to Remand to State Court filed by All Defendants. (Attachments: #1 Exhibit Letter to Plaintiff's Counsel, #2 Exhibit Josephine Herrschaft Affidavit, #3 Exhibit Exhibit 2 to Anthony Herrschaft Affidavit) (Keane, Timothy) |
| Filing 13 MOTION to Remand to State Court by Gold Coast Transportation Service LLC, Anthony Herrschaft, Josephine Herrschaft. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Declaration, #7 Exhibit, #8 Memorandum in Support, #9 Declaration) (Honecker, Rodman) |
| Filing 12 Corporate Disclosure Statement by Gold Coast Transportation Service LLC, Anthony Herrschaft, Josephine Herrschaft (Honecker, Rodman) |
| Filing 11 Summons Issued as to Marc A Jacobi, Rich Nolan, Amy Wills. (Cubano, Jazmin) |
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Filing 10
SCHEDULING ORDER: An initial conference via Zoom will be held at 10:30 am on 12/22/2021 before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than 12/15/2021. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge James M. Wicks on 10/18/2021. (Attachments: #1 Discovery Worksheet, #2 JMW Individual Rules) (Sanders, Scott)
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| Filing 9 ANSWER to #5 Amended Complaint and Jury Demand by James Gleich, John Kindt, NTI-NY, Inc., National Transportation, Inc.. (Keane, Timothy) |
| Filing 8 Proposed Summons. by Gold Coast Transportation Service LLC, Anthony Herrschaft, Josephine Herrschaft (Honecker, Rodman) |
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ORDER denying #6 Motion for Order to Show Cause: The Court declines to sign the proposed Order to Show Cause as presented. Among other things there is a question as to whether the Court has subject matter jurisdiction based on diversity and briefing on that subject, i.e. whether this matter should be remanded to state court, is appropriate. Accordingly, Plaintiffs shall serve and file moving papers in support of remand on or before October 22, 2201; defendants shall serve and file opposing papers on or before November 3, 2021; plaintiff shall serve and file reply papers, if any, on or before November 8, 2021. The parties shall address, inter alia, (1) the citizenship of NTI-NY; (2) whether NTI-NY should be realigned as a plaintiff for purposes of diversity; and (3) whether Amy Wills was added to destroy diversity. Ordered by Judge Denis R. Hurley on 10/13/2021. (Gapinski, Michele)
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| Filing 7 RESPONSE to Motion re #6 Emergency MOTION for Order to Show Cause to Extend TRO entered in State Court, to Remand or for alternative relief Letter to Judge filed by James Gleich, NTI-NY, Inc., National Transportation, Inc.. (Attachments: #1 Exhibit 06/26/21 Letter from Baylis to Gleich, #2 Exhibit 07/06/21 Letter from Pantaleo to Baylis, #3 Exhibit 08/02/21 Letter from Pantaleo to Baylis, #4 Exhibit 08/09/21 Letter from Fink to Pantaleo, #5 Exhibit 09/01/21 Letter from Pantaleo to Fink, #6 Exhibit 09/30/21 Letter from Honecker to Keant, #7 Exhibit 10/06/21 Letter from Keane to Honecker, #8 Exhibit 10/08/21 Letter from Honecker to Keane) (Keane, Timothy) |
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ORDER re #6 Emergency MOTION for Order to Show Cause to Extend TRO entered in State Court, to Remand or for alternative relief filed by Josephine Herrschaft : A courtesy copy of the motion papers must be provided. Ordered by Judge Denis R. Hurley on 10/8/2021. (Gapinski, Michele)
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| Filing 6 Emergency MOTION for Order to Show Cause to Extend TRO entered in State Court, to Remand or for alternative relief by Josephine Herrschaft. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit, #4 Declaration, #5 Exhibit, #6 Declaration, #7 Exhibit EXH A VERIFIED COMPLAINT, #8 Exhibit EXH B ORDER, #9 Exhibit EXH C CORRESPONDENCE, #10 Exhibit EXH D EMAIL, #11 Exhibit EXH E CORRESPONDENCE, #12 Exhibit EXH F AMENDED VERIFIED COMPLAINT, #13 Exhibit EXH G VERIFIED COMPLAINT, #14 Declaration) (Honecker, Rodman) |
| Filing 5 AMENDED COMPLAINT Verified Amended Complaint against All Defendants, filed by Gold Coast Transportation Service LLC, Anthony Herrschaft, Josephine Herrschaft. (Honecker, Rodman) |
| Filing 4 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. (Flanagan, Doreen) |
| Case Assigned to Judge Denis R. Hurley and Magistrate Judge James M. Wicks. 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. (Flanagan, Doreen) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Davis, Kimberly) Modified on 10/1/2021 (Flanagan, Doreen). (Additional attachment(s) added on 10/1/2021: #1 Additional Quality Control Check Sheet) (Flanagan, Doreen). |
| Filing 2 Corporate Disclosure Statement by James Gleich, NTI-NY, Inc., National Transportation, Inc. identifying Corporate Parent National Transportation, Inc. for NTI-NY, Inc.. (Attachments: #1 Affidavit of Service) (Seidman, Debra) |
| Filing 1 NOTICE OF REMOVAL by James Gleich, NTI-NY, Inc., National Transportation, Inc. from Supreme Court of the State of New York, County of Nassau, Case Number 611118/2021. Was the Disclosure Statement on the Civil Cover Sheet completed - Yes. ( Filing fee $ 402 receipt number ANYEDC-14882766) (Attachments: #1 Civil Cover Sheet, #2 Exhibit Summons & Complaint, #3 Exhibit Order to Show Cause, #4 Exhibit Declaration of James Gleich, #5 Exhibit Declaration of John Kindt, #6 Exhibit Affidavit of Service on NTI-NY, Inc., #7 Exhibit Affidavit of Service of National Transportation, Inc., #8 Exhibit Affidavit of Service on James Gleich, #9 Affidavit of Service) (Seidman, Debra) Modified on 10/1/2021 (Flanagan, Doreen). |
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