Cruz et al v. Amazon Com Services LLC et al
| Valentin Cruz and Miguel Rodriguez |
| Amazon Com Services, LLC, Amazon Com LLC, XTRA LLC, XTRA Lease LLC, GTR Rental LLC, XIMA Transportation Corp., Berkshire Hathaway Inc, John Doe(s) 1-10 and ABC Corps. A-Z |
| 2:2021cv07188 |
| December 30, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Sanket J Bulsara |
| Rachel P Kovner |
| Steven Tiscione |
| Motor Vehicle |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 25, 2022. A more recent docket listing may be available from PACER.
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| Filing 22 First MOTION to Amend/Correct/Supplement Complaint, First MOTION to Remand to State Court by Valentin Cruz, Miguel Rodriguez. (Attachments: #1 Exhibit A. Second Supplemental S&C, #2 Exhibit B. Police Report, #3 Exhibit C. Redacted Proof of Residence Searches, #4 Exhibit D. NY Dept. of State Search, #5 Exhibit E. Proposed Supplemental S&C) (Gallo, Stephanie) |
Filing 21
ORDER: The motion to substitute attorney #20 is granted. Attorneys Paul R. Cordella and Timothy R. Mandronico are removed from this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/17/2022. (Morrow, Emily)
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| Filing 20 NOTICE of Consent to Change Attorney by Stephanie M Gallo for Plaintiffs, Valentin Cruz and Miguel Rodriguez (Gallo, Stephanie) Modified on 2/17/2022 (Morrow, Emily). |
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ORDER: The motion for extension of time to file a motion to amend #19 is granted in part. Any motion to amend shall be filed by 2/28/2022. The motion should include a copy of the proposed amendment and a redline or other document reflecting the proposed changes to the Complaint. Any opposition to the motion to amend should be filed by 3/14/2022. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/14/2022. (Morrow, Emily)
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| Filing 19 First MOTION for Extension of Time to File Motion to Amend the Complaint by Valentin Cruz, Miguel Rodriguez. (Gallo, Stephanie) |
| Filing 18 NOTICE of Appearance by Stephanie M Gallo on behalf of Valentin Cruz, Miguel Rodriguez (aty to be noticed) (Attachments: #1 Consent to Change Attorney (Cruz and Rodriguez)) (Gallo, Stephanie) |
| Filing 17 NOTICE of Appearance by James T Rellis on behalf of XIMA Transportation Corp. (aty to be noticed) (Rellis, James) |
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ORDER: Plaintiff has filed a motion seeking leave to file a motion to amend #15 . The motion is granted. Any motion to amend shall be filed by 2/14/2022. The motion should include a copy of the proposed amendment and a redline or other document reflecting the proposed changes to the Complaint. Any opposition to the motion to amend should be filed by 2/28/2022. In the briefing on the motion, the parties should address whether the amendment, if granted, deprives the Court of subject matter jurisdiction. Each party may submit letter briefs no longer than 8 pages. No replies are permitted absent Court permission. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/31/2022. (Morrow, Emily)
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ORDER: Plaintiffs' motion to file an amended complaint #15 is respectfully referred to Magistrate Judge Bulsara for management in compliance with his individual rules. Ordered by Judge Rachel P. Kovner on 1/28/2022. Motions referred to Sanket J. Bulsara. (Daus, Benjamin)
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| Filing 16 DEMAND for Trial by Jury by Valentin Cruz, Miguel Rodriguez (Cordella, Paul) |
| Filing 15 First MOTION for Leave to File Document Motion to Amend Complaint and Remand by Valentin Cruz, Miguel Rodriguez. (Cordella, Paul) |
| Filing 14 NOTICE of Appearance by Brittaney Joyce Overbeck on behalf of Amazon Com LLC, Amazon Com Services, LLC (aty to be noticed) (Overbeck, Brittaney) |
| Filing 13 Corporate Disclosure Statement by Amazon Com LLC, Amazon Com Services, LLC identifying Corporate Parent AMAZON.COM, INC. for Amazon Com LLC, Amazon Com LLC, Amazon Com Services, LLC, Amazon Com Services, LLC. (Hsu, John) |
| Filing 12 NOTICE of Appearance by John A. Hsu on behalf of Amazon Com LLC, Amazon Com Services, LLC (aty to be noticed) (Hsu, John) |
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Filing 11
RE-SCHEDULING ORDER: The telephonic-initial conference scheduled for 2/11/2022 before Magistrate Judge Tiscione will now take place on 3/04/2022 at 12:00 P.M. before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than two (2) days before 3/04/2022. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/20/2022.Ordered by Magistrate Judge Sanket J. Bulsara on 1/20/2022. (Manson, Eddie)
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ORDER REASSIGNING CASE. Case reassigned to Judge Rachel P. Kovner and Magistrate Judge Sanket J. Bulsara for all further proceedings. Judge Gary R. Brown, Magistrate Judge Steven Tiscione no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 1/14/2022. (Davis, Kimberly)
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ORDER: Based upon the information supplied by counsel, the Clerk is directed to reassign this case to a United States District Judge in Brooklyn consistent with the division of business rules of this Court. See Silverberg v. Dryships Inc., 2021 WL 2198701 (E.D.N.Y. May 28, 2021). Ordered by Judge Gary R. Brown on 1/13/2022. c/ecf (Cowan, Timothy)
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| Filing 10 Letter re corrected CIS re removal by GTR Rental LLC, XTRA LLC, XTRA Lease LLC (Attachments: #1 Exhibit Amended Civil Cover Sheet) (Segal, Jeffrey) |
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SHOW CAUSE ORDER - Following review of the complaint and submissions in connection with the removal of this case from the Kings County Supreme Court, and in light of this Court's decision in Silverberg v. Dryships Inc., 2021 WL 2198701 (E.D.N.Y. May 28, 2021), defendants' counsel is to file a letter by close of business on January 12, 2022 stating with specificity counsel's basis for representing on the cover sheet of this action that it arose in Nassau or Suffolk Counties, or whether the matter should be reassigned via random selection to a judge in Brooklyn. Ordered by Judge Gary R. Brown on 1/10/2022. (Brown, Gary)
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SUPPLEMENTAL SHOW CAUSE ORDER - In addition to the matters raised in this Court's Show Cause Order issued earlier today, defendants are to provide authority as to why this case should not be REMANDED, as to meet the jurisdictional minimum, defendants have apparently aggregated the claims of two plaintiffs. DE 1 at para. 18. Such aggregations is legally impermissible. Mehlenbacher v. Akzo Nobel Salt, Inc., 216 F.3d 291, 296 (2d Cir. 2000) ("The Supreme Court has long held that separate and distinct claims raised by different plaintiffs may not be aggregated to satisfy the jurisdictional amount in controversy.)Ordered by Judge Gary R. Brown on 1/10/2022. (Brown, Gary)
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Filing 9
SCHEDULING ORDER: An initial conference will be held at 1:30 p.m. on February 11, 2022 before the undersigned by phone. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. The attached Discovery Plan Worksheet is to be completed by counsel and electronically filed with the Court no later than February 9th. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 1/6/2022. (Vasquez, Lea)
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| Filing 8 ANSWER to Complaint , CROSSCLAIM against Amazon Com LLC, Amazon Com Services, LLC by XTRA Lease LLC, GTR Rental LLC, XTRA LLC. (Attachments: #1 Certificate of Service) (Segal, Jeffrey) |
| Filing 7 NOTICE of Appearance by Paul R. Cordella on behalf of All Plaintiffs (aty to be noticed) (Cordella, Paul) |
| Filing 6 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. (Jakubowski, Laura) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven Tiscione. 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. (Jakubowski, Laura) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) (Additional attachment(s) added on 1/4/2022: #1 Additional Corrections) (Jakubowski, Laura). |
| Filing 4 Corporate Disclosure Statement by XTRA LLC (Segal, Jeffrey) |
| Filing 3 Corporate Disclosure Statement by XTRA Lease LLC (Segal, Jeffrey) |
| Filing 2 Corporate Disclosure Statement by GTR Rental LLC (Segal, Jeffrey) |
| Filing 1 NOTICE OF REMOVAL by GTR Rental LLC, XTRA LLC, XTRA Lease LLC from Supreme Court of the State of New York Kings County, case number 529055/2021. Was the Disclosure Statement on Civil Cover Sheet completed -No ( Filing fee $ 402 receipt number ANYEDC-15153009) (Attachments: #1 Certificate of Service, #2 Civil Cover Sheet, #3 Exhibit A - Plaintiff's Complaint, #4 Exhibit B- Notice of Dismissal of Berkshire) (Segal, Jeffrey) Modified on 1/4/2022 (Jakubowski, Laura). |
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