Zelaya et al v. Vasquez et al
Plaintiff: Gerardo Zelaya and Tanya Case
Defendant: Kilvio S. Vasquez, Enterprise FM Trust and The Davey Tree Expert Co.
Case Number: 1:2022cv01091
Filed: October 21, 2022
Court: US District Court for the Northern District of New York
Presiding Judge: Lawrence E Kahn
Referring Judge: Daniel J Stewart
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Personal Injury
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on December 9, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 9, 2022 Filing 22 ANSWER to Complaint by Kilvio S. Vasquez.(McCormick-Foley, Abby)
December 6, 2022 Filing 21 NOTICE of Appearance by Giuseppe W. Pappalardo on behalf of The Davey Tree Expert Co. (Pappalardo, Giuseppe)
December 6, 2022 Filing 20 NOTICE of Appearance by Clifford S. Mendelsohn on behalf of The Davey Tree Expert Co. (Mendelsohn, Clifford)
December 6, 2022 Filing 19 NOTICE of Appearance by Benjamin W. Hill on behalf of Kilvio S. Vasquez (Hill, Benjamin)
December 6, 2022 Filing 18 NOTICE of Appearance by Abby McCormick-Foley on behalf of Kilvio S. Vasquez (McCormick-Foley, Abby)
December 6, 2022 TEXT NOTICE: The Rule 16 Initial Conference scheduled for December 7, 2022 before Magistrate Judge Daniel J. Stewart is ADJOURNED without date at this time. The Court will reschedule the conference upon the filing of Defendant Kilvio S. Vasquez's Answer currently due on December 9, 2022. (mab)
November 28, 2022 Opinion or Order Filing 17 TEXT ORDER granting #14 Motion for Limited Admission Pro Hac Vice. Attorney Giuseppe W. Pappalardo is hereby admitted to practice in this action on behalf of Defendant The Davey Tree Expert Co. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 11/28/2022. (mab)
November 28, 2022 Opinion or Order Filing 16 TEXT ORDER granting #13 Motion for Limited Admission Pro Hac Vice. Attorney Clifford S. Mendelsohn is hereby admitted to practice in this action on behalf of Defendant The Davey Tree Expert Co. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 11/28/2022. (mab)
November 22, 2022 Opinion or Order Filing 15 TEXT ORDER: The Court has received the parties' stipulation requesting that Defendant Enterprise FM Trust be dismissed from this action without prejudice and without costs as to either party pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). (Dkt. No. #12 )The Court GRANTS the parties' request. SO ORDERED by Senior Judge Lawrence E. Kahn on 11/22/2022. (dpk)
November 21, 2022 Filing 14 MOTION for Limited Admission Pro Hac Vice of Giuseppe W. Pappalardo on behalf of Defendants The Davey Tree Expert Co. and Enterprise FM Trust Filing fee $100, receipt number ANYNDC-6107875. (Attachments: #1 Declaration of Sponsor, #2 Exhibit(s) Petition for Admission, #3 Proposed Order/Judgment, #4 Exhibit(s) Certificate of Good Standing, #5 Exhibit(s) E-Filing Registration) Motions referred to Daniel J. Stewart. (Berger, Peri)
November 21, 2022 Filing 13 MOTION for Limited Admission Pro Hac Vice of Clifford S. Mendelsohn on behalf of Defendants The Davey Tree Expert Co. and Enterprise FM Trust Filing fee $100, receipt number ANYNDC-6107827. (Attachments: #1 Declaration of Sponsor, #2 Proposed Order/Judgment, #3 Exhibit(s) Petition for Admission, #4 Exhibit(s) Certificate of Good Standing, #5 Exhibit(s) E-Filing Registration) Motions referred to Daniel J. Stewart. (Berger, Peri)
November 18, 2022 Filing 12 STIPULATION of Dismissal Stip. Discontinuing Partial Action Without Prejudice As To Defendant Enterprise FM Trust ONLY by Enterprise FM Trust submitted to Judge Senior Judge Lawrence E. Kahn. (Berger, Peri)
November 17, 2022 Opinion or Order Filing 11 TEXT ORDER granting Defendant Kilvio S. Vasquez's #9 Letter Request, filed on consent, seeking an extension of time to file a response to Plaintiffs' Complaint in this matter. Defendant shall file a response on or before December 9, 2022. SO ORDERED by Magistrate Judge Daniel J. Stewart on 11/17/2022. (mab)
November 15, 2022 Filing 10 CIVIL CASE MANAGEMENT PLAN by Gerardo Zelaya. (Torres, Frank)
November 10, 2022 Filing 9 Consent Letter Motion from Peri A. Berger for Enterprise FM Trust, The Davey Tree Expert Co. requesting Extension of Time for Kilvio Vasquez to Respond to Plaintiff's Complaint submitted to Judge Lawrence E. Kahn . (Berger, Peri)
November 10, 2022 Filing 8 DEMAND for Trial by Jury by Enterprise FM Trust, The Davey Tree Expert Co.. (Berger, Peri)
October 31, 2022 Filing 7 Letter from Frank Torres, Esq. advising that he will remain as counsel of record for Plaintiffs and is seeking Pro Hac Vice Admission. (ztc)
October 28, 2022 Filing 6 ANSWER to Complaint by The Davey Tree Expert Co..(Berger, Peri)
October 28, 2022 Filing 5 ANSWER to Complaint by Enterprise FM Trust.(Berger, Peri)
October 24, 2022 Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Gerardo Zelaya and Tanya Case; Attorney Frank Torres, Esq., Phone number is (516) 394-4200. Admissions due by 11/7/2022. (Copy served via regular mail with a copy of GO 25 Filing Order)(ztc)
October 24, 2022 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 12/7/2022 09:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/30/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc) (Main Document 3 replaced on 10/24/2022) (ztc, ).
October 24, 2022 ***Answer due date updated for Enterprise FM Trust answer due 10/28/2022; The Davey Tree Expert Co. answer due 10/28/2022. (ztc)
October 24, 2022 CLERK'S CORRECTION OF DOCKET ENTRY re #3 G.O. 25 Filing Order, Clerk replaced document with a corrected version as the original version had an incorrect case caption listed. (ztc)
October 21, 2022 Filing 2 STATE COURT SUMMONS and COMPLAINT relating to #1 Notice of Removal, filed by Plaintiffs in NYS Supreme Court, Rensselaer County. (ztc)
October 21, 2022 Filing 1 NOTICE OF REMOVAL from NYS Supreme Court, Rensselaer County, case number EF2022-272448 (Filing fee $402 receipt number ANYNDC-6076153) filed by Enterprise FM Trust, The Davey Tree Expert Co. (Attachments: #1 Exhibit A-State Court Summons and Complaint, #2 Exhibit B-Affidavits of Service, #3 Exhibit C-Entity information available from the Ohio Secretary of State, #4 Exhibit D-Entity information available from the Missouri Secretary of State, #5 Exhibit E-State court filings, #6 Civil Cover Sheet)(ztc)

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Search for this case: Zelaya et al v. Vasquez et al
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Plaintiff: Gerardo Zelaya
Represented By: Frank Torres
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Plaintiff: Tanya Case
Represented By: Frank Torres
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Defendant: Kilvio S. Vasquez
Represented By: Benjamin W. Hill
Represented By: Abby McCormick-Foley
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Defendant: Enterprise FM Trust
Represented By: Brian D. Roy
Represented By: Peri Berger
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Defendant: The Davey Tree Expert Co.
Represented By: Brian D. Roy
Represented By: Peri Berger
Represented By: Clifford S. Mendelsohn
Represented By: Giuseppe W. Pappalardo
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