Brown v. USA Truck, Inc. et al
| Dorothy J Brown and Dorothy Brown |
| USA Truck, Inc. and Richard Halloway |
| 1:2019cv05652 |
| June 18, 2019 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 tm |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 17, 2019. A more recent docket listing may be available from PACER.
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| Received e-mail from the United States District Court - Northern District of Georgia acknowledging receipt of transferred case. Assigned Case Number: 3:19-cv-00081, filed on 07/17/2018. (sjo) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of Georgia (cf) |
Filing 6
ORDER: Accordingly, venue is not proper in the Southern District of New York under 28 U.S.C. 1391(b)(1) because not all Defendants are residents of the State of New York. Because Plaintiff has failed to demonstrate that venue is proper in the Southern District of New York, the Clerk of Court is directed to (1) terminate the motion at ECF No. 5, and (2) transfer this action to the United States District Court for the Northern District of Georgia where venue is proper pursuant to 28 U.S.C. 1391(b)(2). See ECF No. 4. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 7/10/2019) (cf) Transmission to Office of the Clerk of Court for processing.
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| Filing 5 LETTER MOTION for Extension of Time to File Response/Reply as to #4 Order to Show Cause,, addressed to Judge Analisa Torres from Ronald S. Ramo dated July 2, 2019. Document filed by Dorothy Brown. (Attachments: #1 Exhibit Declaration in Opp to OTSC)(Ramo, Ronald) |
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Filing 4
ORDER TO SHOW CAUSE. Based on a review of the complaint, it appears that the action should have been brought in the Northern District of Georgia because "a substantial part of the events or omissions giving rise to the claim occurred there." Id. (b)(2). See also Compl. paragraph 17 (accident occurred in Carroll). The Court hereby ORDERS Plaintiff to show cause in writing, by July 1, 2019, whether this action should be transferred. If Plaintiff fails to respond the Court shall transfer this case to the United States District Court for the Northern District of Georgia. SO ORDERED. (Signed by Judge Analisa Torres on 6/19/2019) (rjm)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ronald Salvatore Ramo to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF case caption does not exactly match initial pleading caption;. 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. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Robert W. Lehrburger 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Ronald Salvatore Ramo to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF case caption does not exactly match initial pleading caption; Jury Demand code - no selection; Citizenship Defendant code - multiple selections;. 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.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ronald Salvatore Ramo. The party information for the following party/parties has been modified: Dorothy Brown. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Ronald Salvatore Ramo. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1000000000; County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none; the County code has been modified to Kings; the Fee Status code has been modified to pd (paid);. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to USA Truck, Inc., Richard Halloway, re: #1 Complaint. Document filed by Dorothy J Brown. (Ramo, Ronald) Modified on 6/19/2019 (jgo). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Ramo, Ronald) Modified on 6/19/2019 (jgo). |
| Filing 1 COMPLAINT against Richard Halloway, USA Truck, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17101714)Document filed by Dorothy J Brown.(Ramo, Ronald) |
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