Pazdzierski v. Daseke & Co., Inc. et al
| Robert Pazdzierski |
| Daseke & Co., Inc., Onx1, LLC and Big Freights Systems, Inc. |
| 5:2021cv00966 |
| August 27, 2021 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Lawrence E Kahn |
| Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal- Tort/Motor Vehicle ( |
| Defendant |
Docket Report
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This docket was last retrieved on October 18, 2021. A more recent docket listing may be available from PACER.
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| Filing 12 UNIFORM PRETRIAL SCHEDULING ORDER: Deadline for the joinder of parties and the amendment of pleadings is 1/3/2022. Discovery cutoff is 8/31/2022 (plaintiff's expert disclosures due by 5/31/2022; defendants' expert disclosures due by 7/11/2022; and any rebuttal disclosures are due by 8/1/2022). Dispositive motions are to be filed by 10/29/2022. Anticipated length of trial: 10 days. Trial Ready Deadline is 1/31/2023. Jury Trial set for 2/7/2023 in Albany before Senior Judge Lawrence E. Kahn. Signed by U.S. Magistrate Judge Andrew T. Baxter on 10/18/2021. (kmc) |
| TEXT Minute Entry for telephonic Rule 16 conference held on 10/18/2021 before U.S. Magistrate Judge Andrew T. Baxter: Plaintiff's counsel advises the court that he does not expect to serve or pursue claims against defendant Daseke & Co., Inc., as it appears that defendant Big Freights Systems Inc., not Daseke, was the owner of the trailer involved in plaintiffs accident. Defendant Onx1 is likely to seek to join plaintiff's employer, Custom Assembly, seeking indemnity based on a lease agreement. The defendants likely have legal issues regarding plaintiff's claims under the New York Labor Law, but do not expect to file early dispositive motions before the completion of discovery. Parties have agreed to proceed with written discovery while the existing parties determine whether they will seek to join other parties. The court explained the Mandatory Mediation Program to counsel and deferred setting deadlines for that until the question of whether other parties will be joined is resolved. Other pretrial deadlines were established, and a scheduling order will be issued on behalf of District Judge Kahn. A follow-up telephonic conference is set for 2/8/2022 at 11:30 AM, by which time, hopefully all possible parties will have entered appearances. At the conference, the court will revisit the schedule with respect to mandatory mediation, and consider extending other deadlines if delays in joining additional parties makes that necessary. In the civil case management plan, Defendant Big Freights noted a slight deviation in its correct corporate name in the complaint. Hopefully the parties can correct that with a stipulation. Appearances: Robert A. Quattrocci, Esq. for plaintiff; and Brian C. Harris, Esq. and Vincent G. Saccomando, Esq. for defendants. Time: 10:00 AM - 10:17 AM. (kmc) |
| TEXT NOTICE of Hearing: A telephonic Status Conference is set for 2/8/2022 at 11:30 AM before U.S. Magistrate Judge Andrew T. Baxter. The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference.(kmc) |
| Filing 11 CIVIL CASE MANAGEMENT PLAN by Big Freights Systems, Inc.. (Saccomando, Vincent) |
| TEXT NOTICE of the telephonic Rule 16 Initial Conference set for 10/18/2021 at 10:00 AM: The parties are directed to dial 1-877-873-8017 and enter access code 3362194 to connect to the conference. (kmc) |
| Filing 10 Reply to Cross-Claim of Defendant ONX1, LLC ANSWER to #8 Answer to Complaint, Crossclaim by Big Freights Systems, Inc..(Saccomando, Vincent) |
| Filing 9 DEMAND for Trial by Jury by Big Freights Systems, Inc.. (Saccomando, Vincent) |
| Filing 8 ANSWER to Complaint , CROSSCLAIM against Big Freights Systems, Inc., Daseke & Co., Inc. by Onx1, LLC. (Attachments: #1 Certification of Service of Documents Filed Electronically)(Harris, Brian) |
| Filing 7 CERTIFICATE OF SERVICE by Big Freights Systems, Inc. re #1 Notice of Removal,,, Certificate of Service re Notice of Removal filed by Big Freights Systems, Inc. (Saccomando, Vincent) |
| Filing 6 NOTICE of Admission Requirement as to Party Onx1, LLC; Attorney Brian C. Harris, Email address is bcharris@bhsm-law.com. Phone number is (973) 715-5447. Admissions due by 9/10/2021. (jel, )(Notice of Admission Requirment was emailed to attorney on August 27, 2021) |
| Filing 5 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/18/2021 at 10:00 AM in Syracuse before US Magistrate Judge Andrew T. Baxter. All conferences will be conducted by telephone unless the parties are specifically directed to appear. Counsel for plaintiff is directed to coordinate the initial conference call. Once all parties are on the conference line, Judge Baxter's chambers can be reached at 315-234-8600. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/12/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jel, ) |
| Filing 4 AMENDED ANSWER to #3 Answer to Complaint with Crossclaim and CROSSCLAIM against Co-Defendants Daseke & Co., Inc., Onx1, LLC by Big Freights Systems, Inc. (jel, ) |
| Filing 3 ANSWER to State Court Complaint with CROSSCLAIM against Co-Defendants Daseke & Co., Inc., Onx1, LLC by Big Freights Systems, Inc.(jel, ) |
| Filing 2 STATE COURT SUMMONS and COMPLAINT along with Notice of Electronic Filing relating to #1 Notice of Removal filed by Big Freights Systems, Inc. (jel, ) |
| Filing 1 NOTICE OF REMOVAL from County of Onondaga Supreme Court, case number 006524/2021 (Filing fee $402 receipt number ANYNDC-5630532) filed by Big Freights Systems, Inc.. (Attachments: #1 Exhibit(s) A - Notice of Electronic Filing, State Summons and Complaint with Verification Affidavit, #2 Exhibit(s) B - Affidavit of Service as to defendant Big Freights Systems, Inc., #3 Exhibit(s) C - Big Freights Systems, Inc.'s Answer with Cross-Claim, #4 Exhibit(s) D - Big Freights Systems Inc.'s Amened Answer with Crossclaim, #5 Exhibit(s) E - Affidavit of Service of Complaint on defendant Onx1, LLC, #6 Exhibit(s) F - Affidavit of Non Service on defendant Daseke & Co., Inc., #7 Exhibit(s) G - Incorporation Information regarding Defendant Onx1, LLC, #8 Exhibit(s) H - Incorporation Information regarding Defendant Daseke & Co., Inc., #9 Exhibit(s) Payment receipt for filing fee, #10 Civil Cover Sheet)(jel, ) |
| ***Answer due date updated for Onx1, LLC answer due 9/3/2021. pursuant to Fed. R. Civ. P. 81(c). (jel, ) |
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