Aviva Trucking Special Lines et al v. Darnell et al
Plaintiff: Aviva Trucking Special Lines and Thunder Bay Regional Health Sciences Centre
Defendant: Farber Specialty Vehicles, Bennett Driveaway, Ashe M. Darnell, Bennett Truck Transport, LLC, "John Doe"(s) 1-10 and "ABC Corporation" (s) 1-10
Case Number: 1:2018cv11180
Filed: November 30, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: John G Koeltl
Nature of Suit: Commerce ICC Rates, Etc.
Cause of Action: 49 U.S.C. § 14706
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 22, 2019 Filing 17 AFFIDAVIT OF SERVICE of Memorandum of Law in Support of Defendants Rule 12(b) Motion to Dismiss served on Aviva Trucking Special Lines, et al., and Farber Specialty Vehicles on 01/22/2019. Service was made by Mail. Document filed by Bennett Driveaway, Bennett Truck Transport, LLC, Ashe M. Darnell. (Dooley, Teresa)
January 22, 2019 Filing 16 AFFIDAVIT OF SERVICE of Declaration of Teresa H. Dooley in Support of Defendants, Darnell M. Ashe, Sr.'s Bennett Driveaway's, and Bennett Truck Transport, LLC.'s Rule 12(b) Motion to Dismiss served on Aviva Trucking Special Lines, et al., and Farber Specialty Vehicles on 1/22/2019. Service was made by MAIL. Document filed by Bennett Driveaway, Bennett Truck Transport, LLC, Ashe M. Darnell. (Dooley, Teresa)
January 22, 2019 Filing 15 AFFIDAVIT OF SERVICE of Notice of Rule 12(b) Motion to Dismiss served on Aviva Trucking Special Lines, et al. and Farber Specialty Vehicles on 01/22/2019. Service was made by Mail. Document filed by Bennett Driveaway, Bennett Truck Transport, LLC, Ashe M. Darnell. (Dooley, Teresa)
January 22, 2019 Filing 14 DECLARATION of Teresa H.Dooley in Support re: #9 MOTION to Dismiss .. Document filed by Bennett Driveaway, Bennett Truck Transport, LLC, Ashe M. Darnell. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dooley, Teresa)
January 22, 2019 Filing 13 MEMORANDUM OF LAW in Support re: #9 MOTION to Dismiss . . Document filed by Bennett Driveaway, Bennett Truck Transport, LLC, Ashe M. Darnell. (Dooley, Teresa)
January 22, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Teresa H Dooley to RE-FILE Document #12 AMENDED MOTION to Dismiss Memorandum of Law. #10 MOTION to Dismiss Memo of Law. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents, then link to #9 Motion. (db)
January 22, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Teresa H Dooley to RE-FILE Document #11 MOTION to Dismiss Declaration of THD. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents, then link to #9 Motion. (db)
January 21, 2019 Filing 12 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED MOTION to Dismiss Memorandum of Law. Document filed by Bennett Driveaway, Bennett Truck Transport, LLC, Ashe M. Darnell. Responses due by 2/8/2019(Dooley, Teresa) Modified on 1/22/2019 (db).
January 21, 2019 Filing 11 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Declaration of THD. Document filed by Bennett Driveaway, Bennett Truck Transport, LLC, Ashe M. Darnell. Responses due by 2/8/2019 (Attachments: #1 Exhibit, #2 Exhibit)(Dooley, Teresa) Modified on 1/22/2019 (db).
January 21, 2019 Filing 10 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Memo of Law. Document filed by Bennett Driveaway, Bennett Truck Transport, LLC, Ashe M. Darnell. Responses due by 2/8/2019(Dooley, Teresa) Modified on 1/22/2019 (db).
January 21, 2019 Filing 9 MOTION to Dismiss . Document filed by Bennett Driveaway, Bennett Truck Transport, LLC, Ashe M. Darnell. Responses due by 2/8/2019(Dooley, Teresa)
December 20, 2018 Opinion or Order Filing 8 ORDER: The plaintiff may file an amended complaint by January 4, 2019. The defendants may move to dismiss by January 21, 2019. Responses to any motions to dismiss are due by February 8, 2019. Replies are due by February 22, 2019.(Amended Pleadings due by 1/4/2019., Motions due by 1/21/2019., Responses due by 2/8/2019, Replies due by 2/22/2019.) (Signed by Judge John G. Koeltl on 12/19/2019) (cf)
December 19, 2018 Minute Entry for proceedings held before Judge John G. Koeltl: Pre-Motion Conference held on 12/19/2018. (Fletcher, Donnie)
December 7, 2018 Opinion or Order Filing 7 ORDER granting #6 Letter Motion for Conference. A pre-motion conference will be held on Wednesday, December 19, 2018, at 2:30pm. SO ORDERED. (Pre-Motion Conference set for 12/19/2018 at 02:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 12/7/18) (yv)
December 6, 2018 Filing 6 LETTER MOTION for Conference Pre-Motion addressed to Judge John G. Koeltl from Teresa H. Dooley dated December 6, 2018. Document filed by Bennett Driveaway, Bennett Truck Transport, LLC, Ashe M. Darnell.(Dooley, Teresa)
December 3, 2018 Filing 5 CIVIL COVER SHEET filed. (Dooley, Teresa)
December 3, 2018 Filing 4 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 157771/2018..Document filed by Ashe M. Darnell, Bennett Driveaway, Bennett Truck Transport, LLC. (Attachments: #1 Exhibit Summons and Complaint)(Dooley, Teresa)
December 3, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Teresa H Dooley. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc)
December 3, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Teresa H Dooley to RE-FILE re: Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Notice of Removal 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. (pc)
December 3, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Teresa H Dooley. The party information for the following party/parties has been modified: Thunder Bay Regional Health Sciences Centre. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; alias party name was omitted;. (pc)
December 3, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Teresa H Dooley to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple citizenship of principal parties for the plaintiff were selected. Choose one. (pc)
December 3, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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. (pc)
December 3, 2018 ADD PARTY FOR PLEADING. Defendants/Respondents Aviva Trucking Special Lines, Farber Specialty Vehicles, "John Doe"(s) 1-10, "ABC Corporation" (s) 1-10 added. Party added pursuant to #1 Notice of Removal,.Document filed by Bennett Driveaway, Ashe M. Darnell, Bennett Truck Transport, LLC. Related document: #1 Notice of Removal,.(Dooley, Teresa)
December 3, 2018 Case Designated ECF. (pc)
December 3, 2018 Magistrate Judge Barbara C. Moses 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. (pc)
November 30, 2018 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bennett Driveaway, Bennett Truck Transport, LLC, Ashe M. Darnell.(Dooley, Teresa)
November 30, 2018 Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed. (Dooley, Teresa) Modified on 12/3/2018 (pc).
November 30, 2018 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 157771/2018. (Filing Fee $ 400.00, Receipt Number ANYSDC-15985667).Document filed by Bennett Driveaway, Ashe M. Darnell, Bennett Truck Transport, LLC. (Attachments: #1 Exhibit Summons and Complaint)(Dooley, Teresa) Modified on 12/3/2018 (pc).

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Defendant: Farber Specialty Vehicles
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Defendant: Bennett Driveaway
Represented By: Teresa H Dooley
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Defendant: Ashe M. Darnell
Represented By: Teresa H Dooley
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Defendant: Bennett Truck Transport, LLC
Represented By: Teresa H Dooley
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Defendant: "John Doe"(s) 1-10
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Defendant: "ABC Corporation" (s) 1-10
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Plaintiff: Aviva Trucking Special Lines
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Plaintiff: Thunder Bay Regional Health Sciences Centre
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