Palau v. TMC Transportation Inc. et al
| JUAN A. PALAU |
| TMC TRANSPORTATION, INC., CARLOS E. ANAYA and TMC Transportation Inc. |
| 1:2020cv03242 |
| April 24, 2020 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| John P Cronan |
| Motor Vehicle |
| 28 U.S.C. § 1441 nr Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on October 3, 2022. A more recent docket listing may be available from PACER.
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Filing 40
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for Thursday, September 8, 2022 at 2:00 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Parties must attend in-person with their counsel. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than September 1, 2022 by 5:00 p.m. SO ORDERED. ( Settlement Conference set for 9/8/2022 at 2:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 6/29/2022) (vfr)
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| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Pre-Settlement Telephone Conference held on 6/29/2022. (ca) |
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Filing 39
ORDER RESCHEDULING PRE-SETTLEMENT TELEPHONE CONFERENCE: This case has been referred to me for settlement purposes (docket no. 74). The telephone conference scheduled on Thursday, June 30, 2022, at 12:30 p.m. in advance of a settlement conference is hereby rescheduled to Wednesday, June 29, 2022 at 10:00 a.m. The parties are directed to review Judge Parker's Individual Practices at http://nysd.uscourts.gov/judge/Parker concerning settlement conferences in advance of the call. Counsel for the parties are directed to call Judge Parker's Chambers court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 6/29/2022 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 6/27/2022) (vfr)
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Filing 38
ORDER RESCHEDULING PRE-SETTLEMENT TELEPHONE CONFERENCE: This case has been referred to me for settlement purposes (docket no. 74). The telephone conference scheduled on Thursday, May 19, 2022, at 10:30 a.m. in advance of a settlement conference is hereby rescheduled to Thursday, June 30, 2022 at 12:30 p.m. The parties are directed to review Judge Parker's Individual Practices at http://nysd.uscourts.gov/judge/Parker concerning settlement conferences in advance of the call. Counsel for the parties are directed to call Judge Parker's Chambers court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. Telephone Conference set for 6/30/2022 at 12:30 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 5/3/2022) (tg)
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Filing 37
ORDER SCHEDULING PRE-SETTLEMENT TELEPHONE CONFERENCE: This case has been referred to me for settlement purposes (docket no. 36). A telephone conference will be held on Thursday, May 19, 2022, at 10:30 a.m. in advance of a settlement conference. The parties are directed to review Judge Parker's Individual Practices at http://nysd.uscourts.gov/judge/Parker concerning settlement conferences in advance of the call. Counsel for the parties are directed to call Judge Parker's Chambers court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 5/19/2022 at 10:30 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 4/28/2022) (vfr)
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Filing 36
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Judge John P. Cronan on 4/27/2022) (ks)
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Filing 35
ORDER terminating #34 Letter Motion for Conference re: #34 FIRST LETTER MOTION for Conference addressed to Judge John P. Cronan from Konstantin Burshteyn dated 4/26/2022. By separate order the Court will refer this case to Judge Parker for a settlement conference. The Clerk of the Court is respectfully directed to close the motion pending at Docket Number 34. SO ORDERED.. (Signed by Judge John P. Cronan on 4/27/2022) (ks)
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| Filing 34 FIRST LETTER MOTION for Conference addressed to Judge John P. Cronan from Konstantin Burshteyn dated 4/26/2022. Document filed by Juan A. Palau..(Burshteyn, Konstantin) |
| Filing 33 REVISED CIVIL CASE MANAGEMENT PLAN granting #32 Letter Motion for Extension of Time to Complete Discovery. This proposed Civil Case Management Plan is submitted by the parties in accordance with Federal Rule of Civil Procedure 23 (f) (3): All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is not to be tried to a jury. All fact discovery shall be completed no later than May 31, 2022. All expert discovery shall be completed no later than July 31, 2022. All motions and applications shall be governed by the Federal Rules of Civil Procedure, the Local Rules of the Southern District of New York, and the Court's Individual Practice Rules. Counsel for the parties have conferred and their present best estimate of the length of trial is: 5 to 7 days. The parties shall file a joint status to the Court by August 6, 2022. (And as further set forth herein.) (Signed by Judge John P. Cronan on 3/30/2022) (jca) |
| Set/Reset Deadlines: Expert Discovery due by 7/31/2022. Fact Discovery due by 5/31/2022. (jca) |
| Filing 32 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John P. Cronan from Jeffrey A. Payne, Esq. dated March 28, 2022. Document filed by Carlos E. Anaya, TMC Transportation Inc.. (Attachments: #1 Appendix Revised Civil Case Management Plan).(Payne, Jeffrey) |
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Filing 31
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Expert Deposition due by 3/30/2022. Fact Discovery due by 12/30/2021. Expert Discovery due by 3/30/2022. Discovery due by 3/30/2022. The parties shall be ready for trial as of two weeks following the deadline for the proposed Joint Pretrial Order. Counsel for the parties have conferred and their best estimate of the length of trial is 5-7. SO ORDERED. (Signed by Judge John P. Cronan on 10/5/2021) (ks)
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Filing 30
MEMO ENDORSEMENT on re: #29 Letter, filed by Juan A. Palau. ENDORSEMENT: This request is granted. The Court will enter the revised case management plan by separate order. The Court also respectfully reminds the parties, as it did in granting the last extension request, see Dkt. 26, that all deadlines are firm and that extension requests are due at least two business days in advance of the scheduled deadline in accordance with 3.B of the Court's Individual Rules and Practices in Civil Cases. SO ORDERED. (Signed by Judge John P. Cronan on 10/5/2021) (vfr)
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| Filing 29 SECOND LETTER addressed to Judge John P. Cronan from Konstantin Burshteyn (Joint Request) dated 9/30/2021 re: 2nd extension of time to complete discovery. Document filed by Juan A. Palau. (Attachments: #1 Text of Proposed Order Civil Case Management Plan and Scheduling Order).(Burshteyn, Konstantin) |
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Filing 28
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). All Fact Discovery due by 8/9/2021. All expert discovery, including expert depositions, shall be completed no later than 9/30/2021. All Discovery due by 9/30/2021. This case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is 5-7 days, and as previously and further specified and set forth in this Civil Case Management Plan and Scheduling Order. So ordered. (Signed by Judge John P. Cronan on 5/27/2021) (rjm)
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| Filing 27 PROPOSED CASE MANAGEMENT PLAN. Document filed by Juan A. Palau..(Burshteyn, Konstantin) |
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Filing 26
MEMO ENDORSEMENT on re: #25 FIRST LETTER addressed to Judge John P. Cronan from Konstantin Burshteyn dated 5/12/21 re: extension of time to complete discovery. Document filed by Juan A. Palau. ENDORSEMENT: This request is granted. However, the Court respectfully reminds the parties that all deadlines are firm and extension requests are due at least two business days in advance of the scheduled deadline in accordance with 3.B of the Court's Individual Rules and Practices in Civil Cases. A proposed revised case management plan and scheduling order was not annexed to the parties' joint letter. See Dkt. 25. The parties shall file a proposed revised case management plan and scheduling order within two business days of the filing of this Order. So ordered. (Signed by Judge John P. Cronan on 5/12/2021) (rjm)
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| Filing 25 FIRST LETTER addressed to Judge John P. Cronan from Konstantin Burshteyn dated 5/12/21 re: extension of time to complete discovery. Document filed by Juan A. Palau..(Burshteyn, Konstantin) |
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Filing 24
ORDER: On February 5, 2021, the Court ordered that the parties file a joint status letter updating the Court on the status of mediation by April 7, 2021. The parties failed to do so, but the Court has been informed that mediation failed to resolve any issue in the case. Discovery closed on March 31, 2021. By May 12, 2021, the parties shall file a joint letter updating the Court on the status of this case and indicating whether any party anticipates filing any post-discovery motions. If neither party anticipates filing such any motions, the Court will set a trial date and a schedule for pretrial filings. (Signed by Judge John P. Cronan on 5/7/2021) (nb)
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| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 4/22/2021 at 02:00 PM through video conference. (sb) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/24/2021..(ah) |
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Filing 22
MEDIATION REFERRAL 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. SO ORDERED. 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. Mediator to be Assigned by 2/16/2021. (Signed by Judge John P. Cronan on 2/5/2021) (rjm)
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| Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on February 5, 2021. Deadline for expert discovery extended to March 31, 2021. The parties shall file a joint status letter updating the Court on the status of mediation by April 7, 2021. (No Court Reporter Present) (mhe) |
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Filing 21
ORDER It is hereby ORDERED that the Pretrial Conference scheduled for February 5, 2021 at 10:00 a.m. will take place via telephone. At the scheduled time, counsel for the parties should call (866) 434-5269, access code 9176261. (HEREBY ORDERED by Judge John P. Cronan) (Text Only Order) (mhe)
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Filing 20
ORDER: For the foregoing reasons, the Court DENIES Defendants' request that the Court "so order" the subpoena to the TBTA. Defendants shall serve a copy of this Order on the TBTA. SO ORDERED. (Signed by Judge John P. Cronan on 1/9/2021) (rro)
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| Filing 19 LETTER addressed to Judge John P. Cronan from Jeffrey A Payne, Esq. dated January 8, 2021 re: Subpoena to be So Ordered. Document filed by Carlos E. Anaya, TMC Transportation Inc.. (Attachments: #1 Appendix Subpoena to be So Ordered).(Payne, Jeffrey) |
| Filing 18 LETTER addressed to Judge John P. Cronan from Jeffrey A. Payne, Esq dated October 27, 2020 re: Joint Pretrial Letter. Document filed by Carlos E. Anaya, TMC Transportation Inc...(Payne, Jeffrey) |
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Filing 17
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. The pretrial conference scheduled for February 5, 2021 at 10:00 a.m. will be held in Courtroom 20C of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter, described below, updating the Court on the status of the case. The joint letter shall not exceed five (5) pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs: and further set forth in this Order. (Pretrial Conference set for 2/5/2021 at 10:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 10/13/2020) (rro)
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| NOTICE OF CASE REASSIGNMENT to Judge John Peter Cronan. Judge Valerie E. Caproni is no longer assigned to the case. (aea) |
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Filing 16
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). All Fact Discovery due by 1/29/2021. Deposition due by 2/26/2021. All Expert Discovery due by 2/26/2021. This case is to be tried to a jury. The next Pretrial Conference set for 2/5/2021 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. The January 29, 2021 deadline to complete fact discovery and the February 26, 2021 deadline to complete expert discovery are firm deadlines that are unlikely to be extended absent extraordinary circumstances. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/14/2020) (ama)
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| Filing 15 LETTER addressed to Judge Valerie E. Caproni from Jeffrey A. Payne dated September 11, 2020 re: Scheduling Order. Document filed by Carlos E. Anaya, TMC Transportation Inc.. (Attachments: #1 Revised Proposed Case Management Order).(Payne, Jeffrey) |
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Filing 14
ORDER denying #9 FIRST MOTION to Remand to State Court. IT IS HEREBY ORDERED THAT the motion to remand is DENIED. IT IS FURTHER ORDERED THAT the parties must submit a joint letter, no later than September 11, 2020, explaining whether this case remains a live dispute, in light of the settlement in state court. If a live dispute remains, the joint letter must satisfy the requirements for a joint preconference letter, as set forth in the Notice of Initial Pretrial Conference, and attach a proposed case management plan and scheduling order. The Clerk of Court is respectfully directed to terminate the pending motion at docket entry 9. (And as further set forth herein.) SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/31/2020) (jca)
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Filing 13
ORDER: IT IS HEREBY ORDERED that the initial conference is adjourned pending resolution of the motion to remand. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/18/2020) (ks)
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| Filing 12 REPLY AFFIRMATION of KONSTANTIN BURSHTEYN, ESQ. in Support re: #9 FIRST MOTION to Remand to State Court .. Document filed by Juan A. Palau. (Attachments: #1 certificate of service).(Burshteyn, Konstantin) |
| Filing 11 DECLARATION of Jeffrey A. Payne, Esq. in Opposition re: #9 FIRST MOTION to Remand to State Court .. Document filed by Carlos E. Anaya, TMC Transportation Inc.. (Attachments: #1 Exhibit A - Demand for Damages, #2 Affidavit of Service of Opposition).(Payne, Jeffrey) |
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Filing 10
ORDER: IT IS HEREBY ORDERED that Defendants must either consent to the remand or file a response by June 12, 2020. If no response is received by June 12, 2020, the Court may grant the motion to remand as unopposed. SO ORDERED., ( Responses due by 6/12/2020) (Signed by Judge Valerie E. Caproni on 6/05/2020) (ama)
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| Filing 9 FIRST MOTION to Remand to State Court . Document filed by Juan A. Palau. (Attachments: #1 Affidavit Affirmation in Support, #2 Exhibit Summons and Complaint, #3 Exhibit Affidavit of Service in State Court Action, #4 Exhibit D's Answer in State Court Action, #5 Exhibit Related Action Summons and Complaint, #6 Exhibit Related Action Preliminary Conference Order, #7 Exhibit Notice of Removal, #8 Affidavit Affirmation of Service).(Burshteyn, Konstantin) |
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on June 19, 2020 at 11:00 a.m. by teleconference. At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 3242. Counsel should submit their proposed case management plan and joint letter as outlined below. In their joint letter, the parties should indicate whether they believe a Rule 16 conference is unnecessary and ask that their proposed Case Management Plan simply be so ordered; or whether they believe a conference would be helpful and have no objection to proceeding by teleconference; or whether they believe aconference would be helpful and request it be adjourned until such time as it can be safely held in person. If the parties prefer an in-person conference, they should propose three mutually agreed upon Fridays in July for the conference, although the Court does not guarantee it will honor the parties' preferred date. This Court encourages plaintiffs to serve defendants promptly. Plaintiff's counsel, or the defendants counsel in removed cases, is responsible for distributing copies of this Notice to all parties. And as set forth herein. SO ORDERED., ( Telephone Conference set for 6/19/2020 at 11:00 AM before Judge Valerie E. Caproni.) Initial Conference set for 6/19/2020 at 11:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/30/2020) (ama)
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| Filing 7 CIVIL COVER SHEET filed..(Payne, Jeffrey) |
| Filing 6 NOTICE OF APPEARANCE by Konstantin Burshteyn on behalf of Juan A. Palau. (Attachments: #1 Pre-Motion Letter, #2 Exhibit Summons and Complaint, #3 Exhibit Affidavit of Service, #4 Exhibit Answer, #5 Exhibit Related Summons and Complaint).(Burshteyn, Konstantin) |
| Filing 5 AFFIDAVIT OF SERVICE of Removal, Exhibits, Civil Cover Sheet and Rule 7 Statement served on Konstantin Burshetyn on April 27, 2020. Service was made by Email. Document filed by CARLOS E. ANAYA, TMC TRANSPORTATION, INC...(Payne, Jeffrey) |
| Filing 4 DEMAND for Trial by Jury. Document filed by CARLOS E. ANAYA, TMC TRANSPORTATION, INC..(Payne, Jeffrey) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jeffrey Alan Payne to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the incorrect Jury Demand code was selected;. 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 CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey Alan Payne. The following case opening statistical information was erroneously selected/entered: County code Bronx;. 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 Jeffrey Alan Payne. The party information for the following party/parties has been modified: Juan A. Palau; TMC Transportation Inc.; Carlos E. Anaya. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Katharine H. Parker 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Annett Holdings, Inc. for TMC TRANSPORTATION, INC.. Document filed by TMC TRANSPORTATION, INC...(Payne, Jeffrey) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Payne, Jeffrey) Modified on 4/27/2020 (jgo). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 21322/2020E. (Filing Fee $ 400.00, Receipt Number ANYSDC-19574823).Document filed by CARLOS E. ANAYA, TMC TRANSPORTATION, INC.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Answer, #3 Exhibit C - Response to Damages).(Payne, Jeffrey) |
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