Davis v. Caledonia Haulers LLC et al
| Darris Davis and Darris D. Davis |
| Terry Wehrman and Caledonia Haulers LLC |
| 1:2018cv08042 |
| September 4, 2018 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on October 30, 2018. A more recent docket listing may be available from PACER.
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Filing 14
ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. SO ORDERED. (Mediator to be Assigned by 11/9/2018. Mediator Expertise Request due by 11/5/2018.) (Signed by Judge J. Paul Oetken on 10/30/2018) (jca) Transmission to Mediation Clerk for processing.
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| Filing 13 RULE 26 DISCLOSURE.Document filed by Caledonia Haulers LLC, Terry Wehrman.(Harris, Jennifer) |
| Filing 12 NOTICE OF APPEARANCE by Joseph Peter Napoli on behalf of Darris D. Davis. (Napoli, Joseph) |
| Filing 11 NOTICE OF APPEARANCE by Jennifer Rebecca Harris on behalf of Caledonia Haulers LLC, Terry Wehrman. (Harris, Jennifer) |
| Minute Entry for proceedings held before Judge J. Paul Oetken: Initial Pretrial Conference held on 10/30/2018. Next Conference scheduled for 3/8/2019 at 12:00 pm. (bh) |
| Filing 10 PROPOSED CASE MANAGEMENT PLAN. Document filed by Darris D. Davis. (Napoli, Joseph) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Joseph Peter Napoli to RE-FILE Document #9 Proposed Order. Use the event type Proposed Case Management Plan found under the event list Proposed Orders. Please scan the pdf in the correct position. (ad) |
| Filing 9 PROPOSED ORDER. Document filed by Darris D. Davis. (Napoli, Joseph) Proposed Order to be reviewed by Clerk's Office staff. |
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Filing 8
ORDER: Counsel for all parties are directed to appear for an initial pretrial conference with the Court on October 30, 2018, at 2:30 p.m. The conference will be held in Courtroom 706 of the Thurgood Marshall United States Court House, 40 Foley Square, New York, New York. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. SO ORDERED. (Initial Conference set for 10/30/2018 at 02:30 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 10/9/18) (yv)
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| Filing 7 ANSWER to Complaint. Document filed by Caledonia Haulers LLC, Terry Wehrman.(Schwartzstein, Adam) |
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Filing 6
ORDER: Defendants removed this case from the Supreme Court of the State of New York to this Court on September 4, 2018. However, Defendants have filed no response to the complaint in the allotted time. Plaintiff has not moved for a default judgment. Plaintiff is directed to notify the Court whether he intends to move for default judgment, or if he has received any communication from Defendants or their counsel regarding a response to the complaint. If Plaintiff fails by November 5, 2018, to either (1) file a letter concerning the status of the case, or (2) move for default judgment against Defendant, the action may be dismissed for failure to prosecute. ( Motions due by 11/5/2018.) (Signed by Judge J. Paul Oetken on 10/5/2018) (mro)
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| Filing 5 AFFIDAVIT of Dennis Gavin in Support re: #2 Order to Show Cause,, #1 Notice of Removal,. Document filed by Caledonia Haulers LLC, Terry Wehrman. (Zimmerman, Kevin) |
| Filing 4 NOTICE OF APPEARANCE by Joseph Peter Napoli on behalf of Darris D. Davis. (Napoli, Joseph) |
| Filing 3 NOTICE OF APPEARANCE by Joseph Peter Napoli on behalf of Darris D. Davis. (Napoli, Joseph) |
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Filing 2
ORDER: Defendant shall show cause as to why this case should not be remanded to state court for lack of subject matter jurisdiction by submitting an affidavit or declaration as to the citizenship of each member of the LLC defendant as of the date of this actions filing. If Defendants fail to do so, this action may be remanded. Counsel for the plaintiff is directed to file an appearance with this Court no later than September 17, 2018. Counsel for the defendant shall serve a copy of this order on counsel for the plaintiff by September 12, 2018. (Signed by Judge J. Paul Oetken on 9/5/2018) (tn)
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| Magistrate Judge Kevin Nathaniel Fox 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. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Adam Neil Schwartzstein. The party information for the following party has been modified: Darris D. Davis. The information for the party has been modified for the following reason: party name contained a typographical error. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Adam Neil Schwartzstein regarding Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): the civil cover sheet can not be filed as an attachment to another document. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Adam Neil Schwartzstein. The following case opening statistical information was erroneously selected/entered: Other Court Name None; Other Court Number None; Jury Demand code p (Plaintiff); County code New York; Fee Status code due (due). The following corrections have been made to your case entry: the Other Court Name has been modified to State Court - Supreme; the Other Court Number has been modified to 157238-18; the Jury Demand code has been modified to d (Defendant); the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (pne) |
| Filing 1 NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 157238-18. (Filing Fee $ 400.00, Receipt Number 0208-15525913).Document filed by Terry Wehrman, Caledonia Haulers LLC. (Attachments: #1 Civil Cover Sheet, #2 Rule 7.1 statement, #3 Summons and Complaint)(Schwartzstein, Adam) |
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