Lynn-Ford v. Shores et al
| Patricia A. Lynn-Ford |
| Salson Logistics, Inc., Sal-son Trucking Co., Inc. and Michael Lee Shores |
| 5:2021cv00169 |
| February 11, 2021 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Brenda K Sannes |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Plaintiff |
Docket Report
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| Filing 24 AMENDED NOTICE OF REMOVAL by Salson Logistics, Inc., Michael Lee Shores. Amended Notice of Removal. (Attachments: #1 Exhibit(s) A - Verified Complaint, #2 Exhibit(s) B - "Status Report")(Sherwood, Kelly) Modified on 4/9/2021 (mgh). |
Filing 23
TEXT ORDER: Letter Motion #22 is GRANTED. Pursuant to 28 U.S.C. 1653 and on consent of the parties, Defendants are authorized to file an amended notice of removal on or before 4/12/2021. SO ORDERED by Magistrate Judge Miroslav Lovric on 4/5/2021. (jdp )
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| Filing 22 Letter Motion from Kelly A. Sherwood for Salson Logistics, Inc., Michael Lee Shores requesting Amended Notice of Removal submitted to Judge Miroslav Lovric . (Attachments: #1 Exhibit(s) Unpublished Opinion, #2 Exhibit(s) Unpublished Opinion, #3 Exhibit(s) Unpublished Opinion)(Sherwood, Kelly) |
| Filing 21 STATUS REPORT Diversity Jurisdiction by Patricia A. Lynn-Ford. (Benson, Walter) |
| Filing 20 CLERK'S CORRECTION OF DOCKET ENTRY: Clerk replaced dkt {17] and #18 to correct the date of the Mediation Deadline. (jdp ) |
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Filing 19
TEXT ORDER: On or before 3/26/2021, the parties shall file status reports addressing diversity jurisdiction. The Notice of Removal and Complaint do not appear to adequately allege diversity jurisdiction. Although Plaintiff is alleged to be a resident of the State of New York, the Complaint and Notice of Removal fail to identify the citizenship or domicile of Plaintiff or decedent. An allegation of "an individual party's residence is insufficient to establish their domicile or citizenship." IndyMac Venture, LLC v. Mulligan, 15-CV-7057, 2019 WL 4648419, at *3 (E.D.N.Y. Aug. 30, 2019) (citing White v. Abney, 17-CV-4286, 2019 WL 1298452, at *3 (E.D.N.Y. Mar. 21, 2019)); see Caren v. Collines, 689 F. App'x 75, 75 (2d Cir. 2017) ("Although the individual plaintiff and individual defendants are alleged to be residents of certain States, such an allegation is insufficient to plead citizenship"). Notably, "one may have more than one residence in different parts of this country or world, but a person may have only one domicile." Reich v. Lopez, 858 F.3d 55, 63 (2d Cir. 2017). Moreover, Defendant Sal-Son Trucking Co., Inc., is alleged to be a New York corporation, which would destroy diversity jurisdiction if Plaintiff is a citizen of New York. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/18/2021.(jdp )
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Filing 18
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 4/14/2021. Deadline for completion of Mandatory Mediation is 8/2/2021. Signed by Magistrate Judge Miroslav Lovric on 3/17/2021. (jdp ) (Main Document 18 replaced on 3/19/2021) (jdp, ).
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Filing 17
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 3. Preferred Trial Location: Syracuse. Joinder of Parties due by 6/21/2021. Amended Pleadings due by 6/21/2021. Discovery due by 1/3/2022. Plaintiffs Expert Disclosure Deadline is 10/5/2021. Defendants Expert Disclosure Deadline is 11/19/2021. Rebuttal Expert Disclosure Deadline is 12/6/2021. Motions to be filed by 2/21/2022. Signed by Magistrate Judge Miroslav Lovric on 3/17/2021. (jdp ) (Main Document 17 replaced on 3/19/2021) (jdp, ). (Main Document 17 replaced on 3/19/2021) (jdp, ).
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Filing 16
TEXT ORDER: On or before 5/27/2021, the parties shall file a status report regarding the progress of the litigation. A telephone conference is scheduled for 6/25/2021 at 10:00 a.m. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/18/2021(jdp )
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an initial conference was held on 3/17/2021. Pretrial deadlines were discussed and set. A telephone conference is scheduled for 6/25/2021 at 10:00 a.m. Appearances: W. Benson, Esq., for Plaintiff; and D. Kupfer, Esq., and K. Sherwood, Esq., for Defendants. (jdp ) |
| Filing 15 NOTICE of Appearance by Kelly A. Sherwood on behalf of Sal-son Trucking Co., Inc., Salson Logistics, Inc., Michael Lee Shores (Sherwood, Kelly) |
| Filing 14 NOTICE of Appearance by David Michael Kupfer on behalf of All Defendants (Kupfer, David) |
| Filing 13 CIVIL CASE MANAGEMENT PLAN to Honorable Miroslav Lovric by Patricia A. Lynn-Ford. (Benson, Walter) |
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Filing 12
ORDER granting #10 Motion for Limited Admission Pro Hac Vice. 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 Miroslav Lovric on 3/10/2021. (jdp )
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Filing 11
ORDER granting #9 Motion for Limited Admission Pro Hac Vice. 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 Miroslav Lovric on 3/10/2021. (jdp )
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| Filing 10 MOTION for Limited Admission Pro Hac Vice of Kelly A. Sherwood Filing fee $100, receipt number ANYNDC-5452756. (Attachments: #1 Declaration, #2 Exhibit(s) Petition for Admission, #3 Exhibit(s) Attorney Registration Form, #4 Exhibit(s) Certificate of Good Standing, #5 Proposed Order/Judgment) Motions referred to Miroslav Lovric. (Burns, Sean) |
| Filing 9 MOTION for Limited Admission Pro Hac Vice of David M. Kupfer Filing fee $100, receipt number ANYNDC-5452743. (Attachments: #1 Declaration, #2 Exhibit(s) Attorney Registration Form, #3 Exhibit(s) Petition for Admission, #4 Exhibit(s) Certificate of Good Standing, #5 Proposed Order/Judgment) Motions referred to Miroslav Lovric. (Burns, Sean) |
| Filing 8 AFFIDAVIT of Service for Summons and Verified Complaint served on NYS Secretary of State as Agent for Service on behalf of Michael Lee Shores pursuant to VTL 253 on 01/12/2021, filed by Patricia A. Lynn-Ford. (Benson, Walter) |
| Filing 7 AFFIDAVIT of Service for Summons and Verified Complaint served on NYS Secretary of State as Agent for Service on behalf of Salson Logistics, Inc. pursuant to BCL 307 on 01/12/2021, filed by Patricia A. Lynn-Ford. (Benson, Walter) |
| Filing 6 DEMAND for Trial by Jury by Patricia A. Lynn-Ford. (Benson, Walter) |
| Filing 5 AFFIDAVIT of Service for Affidavits of Service served on Michael Lee Shores, Salson Logistics, Inc. and Salson Trucking Co., Inc. on 01/12/21, 01/12/21 and 1/14/21 and 1/12/21 and 1/22/21, filed by Patricia A. Lynn-Ford. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit)(Benson, Walter) |
| Filing 4 ANSWER to Complaint by Sal-son Trucking Co., Inc., Salson Logistics, Inc., Michael Lee Shores.(Burns, Sean) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/17/2021 11:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/10/2021. All conferences will be conducted by way of telephone conference. The parties are directed to call (877) 402-9753 and enter access code 9983518.(Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh) |
| ***Answer due date updated for Sal-son Trucking Co., Inc. answer due 2/18/2021; Salson Logistics, Inc. answer due 2/18/2021; Michael Lee Shores answer due 2/18/2021. (mgh) |
| Filing 2 STATE COURT COMPLAINT filed by Patricia A. Lynn-Ford. (mgh) |
| Filing 1 NOTICE OF REMOVAL from Onondaga County Supreme Court, case number 000156/2021 (Filing fee $402 receipt number ANYNDC-5417483) filed by Sal-son Trucking Co., Inc., Michael Lee Shores, Salson Logistics, Inc.. (Attachments: #1 Exhibit(s) A- Summons and Complaint, #2 Exhibit(s) B- Affidavit of John Lampasona, #3 Exhibit(s) C- Email, #4 Civil Cover Sheet)(mgh) |
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