Chavez v. YRC Inc. et al
| Maria T Chavez |
| YRC, INC., Joe G. Orochena and YRC Inc. |
| 1:2018cv07843 |
| August 28, 2018 |
| US District Court for the Southern District of New York |
| Sidney H Stein |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 25, 2018. A more recent docket listing may be available from PACER.
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| NOTICE OF CASE REASSIGNMENT to Judge Sidney H. Stein. Judge Richard J. Sullivan is no longer assigned to the case. (sjo) |
Filing 18
ORDER: IT IS HEREBY ORDERED THAT the initial conference scheduled for October 23, 2018 at 2:30 p.m. and the parties ' deadline to file their joint letter and proposed case management plan are adjourned sine die. The Court regrets any inconvenience to the parties caused by this necessary adjournment. (Signed by Judge Richard J. Sullivan on 10/15/2018) (mro)
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| Filing 17 ANSWER to #15 Amended Complaint,. Document filed by Joe G. Orochena, YRC Inc.. (Attachments: #1 Affidavit Declaration of Service of Answer to Amended Complain)(Payne, Jeffrey) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michelle Jean-Jacques to RE-FILE Document No. #16 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party name error in "To" field. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| Filing 16 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to YRC, INC. and JOE G. OROCHENA, re: #15 Amended Complaint. Document filed by Maria T Chavez. (Jean-Jacques, Michelle) Modified on 10/3/2018 (sj). |
| Filing 15 AMENDED COMPLAINT amending #10 Amended Complaint, #13 Amended Complaint, against Joe G. Orochena, YRC Inc. with JURY DEMAND.Document filed by Maria T Chavez. Related document: #10 Amended Complaint, #13 Amended Complaint,.(Jean-Jacques, Michelle) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michelle Jean-Jacques to RE-FILE Document No. #14 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michelle Jean-Jacques to RE-FILE Document No. #13 Amended Complaint. The filing is deficient for the following reason(s): the pleading was not signed by filing attorney. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to YRC, INC. and JOE G. OROCHENA, re: #13 Amended Complaint. Document filed by Maria T Chavez. (Jean-Jacques, Michelle) |
| Filing 13 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - AMENDED COMPLAINT amending #10 Amended Complaint against Joe G. Orochena, YRC Inc. with JURY DEMAND.Document filed by Maria T Chavez. Related document: #10 Amended Complaint.(Jean-Jacques, Michelle) Modified on 10/1/2018 (sj). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michelle Jean-Jacques to RE-FILE Document No. #10 Amended Complaint. The filing is deficient for the following reason(s): the pleading was not signed. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michelle Jean-Jacques to RE-FILE Document No. #11 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) |
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Filing 12
ORDER: Initial Conference set for 10/23/2018 at 02:30 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 9/27/2018) (kv)
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| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to YRC, INC. and JOE G. OROCHENA, re: #10 Amended Complaint. Document filed by Maria T Chavez. (Jean-Jacques, Michelle) |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - AMENDED COMPLAINT against Joe G. Orochena, YRC Inc. with JURY DEMAND. Document filed by Maria T Chavez.(Jean-Jacques, Michelle) Modified on 9/28/2018 (sj). |
| Filing 9 NOTICE OF APPEARANCE by Jeffrey Alan Payne on behalf of Joe G. Orochena, YRC Inc.. (Attachments: #1 Affidavit Declaration of Service of Notice of Appearance)(Payne, Jeffrey) |
| Filing 8 NOTICE OF APPEARANCE by Michelle Jean-Jacques on behalf of Maria T Chavez. (Jean-Jacques, Michelle) |
| Filing 7 DEMAND for Trial by Jury. Document filed by Joe G. Orochena, YRC Inc. (Attachments: #1 Affidavit Declaration of Service of Jury Demand)(Cotignola, Felice) |
| Filing 6 CERTIFICATE OF SERVICE of Notice of Removal, Rule 7.1 Statement, Civil Cover Sheet served on Harmon Linder & Rogowsky on August 28, 2018. Service was made by Mail. Document filed by Joe G. Orochena, YRC Inc.. (Cotignola, Felice) |
| Filing 5 CERTIFICATE OF SERVICE of Order of Hon. Richard J. Sullivan dated 8.29.18 served on Harmon Linder & Rogowsky on August 30, 2018. Service was made by Mail. Document filed by Joe G. Orochena, YRC Inc.. (Cotignola, Felice) |
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Filing 4
ORDER: The above-entitled matter has been removed from the Supreme Court of the State of New York, County of Bronx and assigned to my docket. Accordingly, IT IS HEREBY ORDERED THAT by September 27, 2018, Plaintiff shall file either (1) a motion to remand, pursuant to 28 U.S.C. 1447(c), or (2) an amended complaint conforming to federal pleading standards, see Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007) (plaintiff must allege "enough facts to state a claim to relief that is plausible on its face"); see also Fed. R. Civ. P. 8(a)(2) ("A pleading that states a claim for relief must contain... a short and plain statement of the claim showing that the pleader is entitled to relief.... "). IT IS FURTHER ORDERED THAT Defendants' time to file an answer is adjourned until one week after Plaintiff has filed an amended complaint. Defendants are ordered to serve Plaintiff with a copy of this Order and file a certificate of service on ECF indicating that this service was effectuated. Plaintiff shall thereafter file a notice of appearance through ECF. SO ORDERED. (Amended Pleadings due by 9/27/2018. Motions due by 9/27/2018.) (Signed by Judge Richard J. Sullivan on 8/29/2018) (ne)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Felice Jill Cotignola. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Felice Jill Cotignola. The party information for the following party/parties has been modified: YRC Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (jgo) |
| Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent YRC Worldwide, Inc. for YRC, INC.. Document filed by YRC, INC..(Cotignola, Felice) |
| Filing 2 CIVIL COVER SHEET filed. (Cotignola, Felice) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 25659/2018E. (Filing Fee $ 400.00, Receipt Number 0208-15503175).Document filed by Joe G. Orochena, YRC, INC.. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Answer)(Cotignola, Felice) |
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