Gonzalez De La Cruz v. Ryder Truck Rental, Inc.
| Enmy Andres Gonzalez De La Cruz |
| Jose J. Torres and JC Professional |
| 2:2024cv05821 |
| August 21, 2024 |
| U.S. District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| None |
Docket Report
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This docket was last retrieved on October 16, 2024. A more recent docket listing may be available from PACER.
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Filing 17
ORDER granting #16 Motion to Substitute Party. JC Professional added. Ryder Truck Rental Inc terminated. The Stipulation to Discontinue Only As Against Ryder Truck Rental, Inc. and Amend Caption and Pleadings to Substitute JC Professional at ECF No. #16 is so-ordered. See attached Stipulation for further details. The Clerk of the Court is respectfully directed to amend the caption of this case accordingly. So Ordered by Magistrate Judge James M. Wicks on 10/16/2024. (DN)
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| Filing 16 MOTION to Substitute Party JC Professional and discontinue Ryder Truck Rental only by Jose J. Torres, Ryder Truck Rental Inc. (Pfuhler, Robert) |
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ORDER re #15 Request to be Removed as Counsel. Local Rule 1.4 provides that "[a]n attorney who has appeared as attorney of record for a party may be relieved or displaced only by order of the Court" and that "[s]uch an order may be granted only upon a showing by affidavit or otherwise of satisfactory reasons for withdrawal or displacement, and the posture of the case, and whether or not the attorney is asserting a retaining or charging lien." To the extent Mr. Hamel wishes to withdraw as counsel of record for Plaintiff, he is directed to file a Motion to Withdraw as Attorney, made in compliance with Rule 1.4. So Ordered by Magistrate Judge James M. Wicks on 9/26/2024. (DN)
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| Filing 15 Letter Remove as Attorney by Enmy Andres Gonzalez De La Cruz (Hamel, William) |
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Filing 14
SCHEDULING ORDER: Please See Order for Further Details. So Ordered by Magistrate Judge James M. Wicks on 9/23/2024. (DF)
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| Filing 13 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE: Counsel for Plaintiff: Joan E. Abreu. Counsel for Defendant: Robert Joseph Pfuhler. Initial Conference Hearing held on 9/23/2024 at 9:30 AM. The parties summarized the details of the case. Following discussion with counsel and review of the submitted worksheet, the Court adopted a Scheduling Order which is attached at ECF No. #14 . In addition to the dates set forth below, the last date to take the first steps in summary judgment motion practice shall be on or before May 16, 2025. The undersigned is available for a Settlement Conference if the parties so desire. A Status Conference has been scheduled for January 13, 2025 at 10:00 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances (Rule 1E). A Final Pretrial Conference has been scheduled for June 9, 2025 at 9:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances (Rule 1E). A joint proposed pretrial order ("JPTO") in compliance with the Individual Practice Rules of the Hon. Gary R. Brown, signed by counsel for each party, must be filed on ECF at least five (5) business days prior to this conference. If a motion for summary judgment is pending, the final pretrial conference will be cancelled and filing of the JPTO will be held in abeyance. 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. (FTR Log #9:28-9:38 (Video).) (DF) |
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ORDER granting #9 Motion to Substitute Attorney. Added attorney Joan E Abreu for Plaintiff Enmy Andres Gonzalez De La Cruz. So Ordered by Magistrate Judge James M. Wicks on 9/20/2024. (DN)
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ORDER re #11 Order to Show Cause. Upon the Court's review of Defendants' Response to the Court's Order to Show Cause (see Electronic Order date September 11, 2024), it appears that at this juncture, subject matter jurisdiction has been satisfied when considering the facts alleged. See ECF No. 11 at 1 ("As Plaintiff is a resident of New York, [D]efendant Jose J. Torres is a resident of Illinois, and [Defendant] Ryder is [a citizen of Florida]... there is complete diversity of the parties."); see also Melendez v. Remedies Herb Shop, LLC, No. 23-cv-09008 (DLI) (JRC) (E.D.N.Y. Mar. 14, 2024) (finding that Plaintiff alleged sufficient facts to satisfy subject matter jurisdiction in her response to the courts order to show cause). So Ordered by Magistrate Judge James M. Wicks on 9/20/2024. (DN)
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| Filing 12 Proposed Scheduling Order by Ryder Truck Rental Inc, Jose J. Torres (Pfuhler, Robert) |
| Filing 11 Letter responding to the Court's September 11, 2024 Order for defendants to show cause why this matter should not be dismissed for lack of subject matter jurisdiction by Ryder Truck Rental Inc, Jose J. Torres (Pfuhler, Robert) |
| Filing 10 NOTICE of Appearance by Joan E Abreu on behalf of All Plaintiffs (aty to be noticed) (Abreu, Joan) |
| Filing 9 MOTION to Substitute Attorney: NOTICE of Consent to Change Attorney by Joan E Abreu (Abreu, Joan) Modified on 9/20/2024 to change Event Type to Motion to Substitute Attorney. (DF). |
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ORDER granting #8 Motion for Extension of Time to File. The parties are directed to file a Proposed Scheduling Order by September 20, 2024. So Ordered by Magistrate Judge James M. Wicks on 9/18/2024. (DN)
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| Filing 8 Letter MOTION for Extension of Time to File Proposed Scheduling Order by Ryder Truck Rental Inc, Jose J. Torres. (Pfuhler, Robert) |
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ORDER. It is axiomatic that federal courts are of limited jurisdiction and possess[] only that power authorized by Constitution and statute. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). Federal courts generally entertain cases falling into two categories, namely, cases involving a federal question, 28 U.S.C. 1131, and cases where parties are citizens of different states and the amount in controversy exceeds $75,000, 28 U.S.C. 1132. Further, it is to be presumed that a cause lies outside this limited jurisdiction and the burden of establishing the contrary rests upon the party asserting jurisdiction. Kokkonen, 511 U.S. at 377 (internal citations omitted). Where, as here, an action is removed to federal court based on diversity of citizenship jurisdiction, complete diversity must exist, meaning that all plaintiffs must be citizens of states diverse from those of all defendants. Pa. Pub. Sch. Emps. Ret. Sys. v. Morgan Stanley & Co., 772 F.3d 111, 11718 (2d Cir. 2014) (citing Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 553 (2005)). Here, the Notice of Removal states that Plaintiff is a resident of New York, and Defendants are citizens of Illinois and Florida. See ECF No. 1. However, the Complaint alleges that Defendant Ryder Truck Rental, Inc. has its principal place of business in New York, which would destroy complete diversity. See ECF No. 1-1 at 2; see e.g., Green v. Bank of Am. Merrill Lynch, No. 21-CV-371-LJV, 2024 WL 3950379, at *2 (W.D.N.Y. Aug. 27, 2024) (quoting 28 U.S.C. 1332(c)(1)) ("A corporation is a citizen of both the state where it is incorporated and the 'state where it has its principal place of business.' Green alleges that he is a citizen of New York and that the defendants maintain a 'principal place of business' in New York, making the defendants citizens of New York as well. So on the face of the petition, there is no diversity jurisdiction because Green and the defendants are citizens of the same state.") Accordingly, Defendant is directed to show cause by September 25, 2024, why the court should not dismiss the action for lack of subject matter jurisdiction. So Ordered by Magistrate Judge James M. Wicks on 9/11/2024. (DN)
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Filing 7
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held September 23, 2024 at 9:30 AM 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 Proposed 26(f) Scheduling Order and electronically file same with the Court no later than September 16, 2024. 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. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. Parties shall comply with Judge Wicks' Individual Rules regarding Expectations for Remote Appearances (Rule 1E). 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 James M. Wicks on 8/28/2024. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules) (DF)
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| Filing 6 Letter Correcting error in mailing the Notice of Removal by Ryder Truck Rental Inc, Jose J. Torres (Pfuhler, Robert) |
| Filing 5 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (AC) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) (Additional attachment(s) added on 8/21/2024: #1 Quality Control Check) (AC). |
| Filing 3 NOTICE by Ryder Truck Rental Inc (Pfuhler, Robert) |
| Filing 2 Civil Cover Sheet filed by Ryder Truck Rental Inc (Pfuhler, Robert) . |
| Filing 1 NOTICE OF REMOVAL by All Defendants Ryder Truck Rental Inc from Supreme Court, case number 606887/2024. ( Filing fee $ 405 receipt number ANYEDC-18198075) (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Verified Answers) (Pfuhler, Robert) |
| This case has been opened in the Eastern District of New York. William R. Hamel, 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. (AC) |
| Case assigned to Judge Gary R. Brown 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. (AC) |
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