Contreras v. Britestarr Homes, Inc. et al
| Francisco Contreras |
| BRITESTARR HOMES, INC., BRIGHTSTAR HOMES, CSX TRANSPORTATION, INC., METROPOLITAN TRANSPORTATION AUTHORITY, The City Of New York,, MCINNIS USA INC., MTA Metro-North Railroad, City of New York and National Railroad Passenger Corporation (Amtrak) |
| NATIONAL RAILROAD PASSENGER CORPORATION |
| 1:2019cv06980 |
| July 25, 2019 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| P.I.: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 7, 2019. A more recent docket listing may be available from PACER.
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Filing 25
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all furtherproceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Settlement discussions have not taken place. The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. All motions and applications shall be governed by the Court's Individual Practices. All counsel must meet in person to discuss settlement within fourteen (14) days following the close of fact discovery. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 5-7 days. Status letter due 2 weeks after Court's ruling on motion to remand. Deposition due by 2/7/2020. Fact Discovery due by 4/3/2020. Expert Discovery due by 3/19/2020. (And as further set forth in this Order.) SO ORDERED. (Signed by Judge J. Paul Oetken on 9/5/2019) (jca)
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| Minute Entry for proceedings held before Judge J. Paul Oetken: Initial Pretrial Conference held on 9/5/2019. A status letter is due within 14 days of the court's decision on the Motion to Remand. (bh) |
| Filing 24 PROPOSED CASE MANAGEMENT PLAN. Document filed by CSX Transportation, Inc., MTA Metro-North Railroad, Metropolitan Transportation Authority, National Railroad Passenger Corporation (Amtrak). (Bryan, Shayna) |
| Filing 23 FIRST REPLY MEMORANDUM OF LAW in Support re: #15 MOTION to Remand . . Document filed by Francisco Contreras. (Attachments: #1 Affidavit of Service)(McMahon, Gregory) |
| Filing 22 MEMORANDUM OF LAW in Opposition re: #15 MOTION to Remand . . Document filed by CSX Transportation, Inc., MTA Metro-North Railroad, Metropolitan Transportation Authority, National Railroad Passenger Corporation (Amtrak). (Attachments: #1 Exhibit A- Declaration of Scott C. Perez, #2 Exhibit B- Declaration of Urvashi Sinha)(Bryan, Shayna) |
| Filing 21 DECLARATION of Scott C Perez in Opposition re: #15 MOTION to Remand .. Document filed by McInnis USA Inc.. (Attachments: #1 Exhibit Email consent to removal)(Perez, Scott) |
| Filing 20 DECLARATION of URVASHI SINHA in Opposition re: #15 MOTION to Remand .. Document filed by City of New York. (Attachments: #1 Exhibit A: Email Correspondence)(Sinha, Urvashi) |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #21 Declaration) - DECLARATION of Scott C Perez in Opposition re: #15 MOTION to Remand .. Document filed by McInnis USA Inc. (Perez, Scott) Modified on 9/3/2019 (db). |
| Filing 18 NOTICE OF APPEARANCE by Urvashi Sinha on behalf of City of New York. (Sinha, Urvashi) |
| Filing 17 FIRST MEMORANDUM OF LAW in Support re: #15 MOTION to Remand . . Document filed by Francisco Contreras. (Attachments: #1 Affidavit of Service-Defendant Metro-North Railroad, #2 Affidavit of Service-Defendant Metropolitan Transportation Authority, #3 Defendants Metro North & MTA's Pre-Answer Motion to Dismiss in State Court, #4 Affidavit of Service-Defendant Britestarr Homes, Inc, #5 Affidavit of Service-Defendant CSX Transportation Inc., #6 Defendant, CSX Transporation, Inc's Answer, #7 Affidavit of Service-Defendant The City of New York, #8 Defendant, City of New York's Answer, #9 Affidavit of Service-Defendant McInnis USA Inc., #10 Letter from Defendant McInnic USA Inc requesting time to Answer, #11 Affidavit of Service-Defendant Amtrak, #12 Defendant Amtrak's Notice of Removal, #13 Affidavit of Service)(McMahon, Gregory) |
| Filing 16 NOTICE OF APPEARANCE by Sophia Ree on behalf of CSX Transportation, Inc., MTA Metro-North Railroad, Metropolitan Transportation Authority, National Railroad Passenger Corporation (Amtrak). (Ree, Sophia) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Gregory Condon McMahon to RE-FILE Document #15 MOTION to Remand . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| Filing 15 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand . Document filed by Francisco Contreras. (Attachments: #1 Affidavit of Service-Defendant Metro-North Railroad, #2 Affidavit of Service-Defendant Metropolitan Transportation Authority, #3 Defendants Metro North & MTA's Pre-Answer Motion to Dismiss in State Court, #4 Affidavit of Service-Defendant Britestarr Homes, Inc, #5 Affidavit of Service-Defendant CSX Transportation Inc., #6 Defendant, CSX Transporation, Inc's Answer, #7 Affidavit of Service-Defendant The City of New York, #8 Defendant, City of New York's Answer, #9 Affidavit of Service-Defendant McInnis USA Inc., #10 Letter from Defendant McInnic USA Inc requesting time to Answer, #11 Affidavit of Service-Defendant Amtrak, #12 Defendant Amtrak's Notice of Removal, #13 Affidavit of Service)(McMahon, Gregory) Modified on 8/27/2019 (ldi). |
| Filing 14 ANSWER to #8 Crossclaim., CROSSCLAIM against Britestarr Homes, Inc., CSX Transportation, Inc., City of New York, MTA Metro-North Railroad, Metropolitan Transportation Authority, National Railroad Passenger Corporation (Amtrak). Document filed by McInnis USA Inc..(Perez, Scott) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by McInnis USA Inc..(Perez, Scott) |
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time to Answer. GRANTED. DEFENDANT MCINNIS USA, INC. SHALL ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT ON OR BEFORE AUGUST 27, 2019. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
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| Filing 11 LETTER MOTION for Extension of Time to File Answer addressed to Judge J. Paul Oetken from Scott C. Perez dated August 13, 2019. Document filed by McInnis USA Inc.. Return Date set for 8/23/2019 at 09:30 AM.(Perez, Scott) |
| Filing 10 NOTICE OF APPEARANCE by Scott C. Perez on behalf of McInnis USA Inc.. (Perez, Scott) |
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Filing 9
ORDER: Counsel for all parties are directed to appear for an initial pretrial conference with the Court on September 5, 2019, at 3:30 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 9/5/2019 at 03:30 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 8/5/2019) (js)
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| Filing 8 ANSWER to Complaint., CROSSCLAIM against Britestarr Homes, Inc., City of New York, McInnis USA Inc.. Document filed by National Railroad Passenger Corporation (Amtrak).(Landman, Mark) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate American Financial Group, Inc., Other Affiliate Passenger Railroad Insurance Limited, Other Affiliate Washington Terminal Company, Other Affiliate Canadian Pacific Railway, Other Affiliate Burlington Northern and Santa Fe LLC, Other Affiliate American Premier Underwriters, Inc., Other Affiliate Canadian National Railway, Other Affiliate Berkshire Hathaway for National Railroad Passenger Corporation (Amtrak). Document filed by National Railroad Passenger Corporation (Amtrak).(Landman, Mark) |
| ***DELETED DOCUMENT. Deleted document number 3 Notice of Appearance. The document was incorrectly filed in this case. (db) |
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Filing 6
ORDER: This case was removed from New York Supreme Court, Bronx County, on July 25, 2019. Counsel for the plaintiff is directed to file an appearance with this Court no later than August 14, 2019. Counsel for the defendants shall serve a copy of this order on counsel for the plaintiff by August 7, 2019. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/29/2019) (jca)
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| Filing 5 NOTICE OF APPEARANCE by Gregory Condon McMahon on behalf of Francisco Contreras. (McMahon, Gregory) |
| Filing 4 DEMAND for Trial by Jury. Document filed by Francisco Contreras(McMahon, Gregory) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Shayna Antoinette Bryan. The following case opening statistical information was erroneously selected/entered: Dollar Demand $30,000,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Shayna Antoinette Bryan. The party information for the following party/parties has been modified: National Railroad Passenger Corporation; Britestarr Homes, Inc.; CSX Transporation, Inc.; McInnis USA Inc.; Metropolitan Transporation Authority; MTA Metro-North Railroad. 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; alias party name was omitted. (sj) |
| 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. (sj) |
| Magistrate Judge Ona T. Wang 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 2 NOTICE OF REMOVAL from New York State Supreme Court, County of Bronx. Case Number: 24832/2019E. (Filing Fee $ 400.00, Receipt Number ANYSDC-17315133).Document filed by CSX TRANSPORTATION, INC., METROPOLITAN TRANSPORTATION AUTHORITY, NATIONAL RAILROAD PASSENGER CORPORATION, MTA Metro-North Railroad. (Attachments: #1 Exhibit A- Summons and Verified Complaint, #2 Exhibit B- Prior Pleadings in State Court)(Bryan, Shayna) |
| Filing 1 CIVIL COVER SHEET filed. (Landman, Mark) |
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