Chicon-Deleon v. Trans Continental Trucking LLC et al
| Jose R Chicon-Deleon |
| Trans Continental Trucking LLC and Yashpal Amarsingh |
| 1:2020cv05643 |
| July 21, 2020 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Motor Vehicle |
| 28 U.S.C. § 1332 au Diversity-Auto Negligence |
| Defendant |
Docket Report
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Filing 45
MEMO ENDORSEMENT on re: #44 Letter Trial Scheduling filed by Jose R Chicon-Deleon. ENDORSEMENT : Unless and until the Court orders otherwise, trial in this matter will begin on May 17, 2022. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/2/21) (yv)
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Filing 44
LETTER addressed to Judge Jesse M. Furman from Scott A. Steinberg dated October 15, 2021 re: Trial Scheduling. Document filed by Jose R Chicon-Deleon..(Liakas, Stephen)
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Filing 43
ORDER: Trial in this matter is ADJOURNED sine die. No later than October 18, 2021, the parties shall file a joint letter (1) advising whether there is anything the Court can do to facilitate settlement; and (2) listing any and all dates during the first quarter of 2022 when they would be unavailable for trial. Assuming that COVID-19-related restrictions remain in place for the first quarter of 2022, the Court will submit a request for a new trial date on November 15, 2021, and will enter an order scheduling trial thereafter. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
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Filing 42
ORDER: This case is now second in the queue to begin trial on October 13, 2021. Accordingly, and per the Court's Order of August 27, 2021, see ECF No. #41 , the parties should be prepared to begin trial on October 13, 2021. On October 12, 2021, the Court will find out if the case ahead of this one in the queue is actually going forward or not and will enter an order either adjourning trial in this matter or confirming that trial will proceed on October 13, 2021. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
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Filing 41
ORDER. As the parties know, jury trials in this District are currently limited due to the COVID-19 pandemic and, thus, available courtrooms are allotted subject to a priority system. As discussed with the parties, the Court requested October 13, 2021, for trial in this case, and was assigned to the week of October 12, 2021. That said, there are a number of other cases ahead of this one in the trial queue for that week. If enough of those trials proceed, this case will not be tried the week of October 12, 2021, and the Court will have to set a new date almost certainly during the first quarter of 2022. In the event that enough of the trials slated for the week of October 12th go away, however, trial in this case will begin that week. Accordingly, unless and until the Court says otherwise, the parties must be prepared to begin trial during the week of October 12, 2021. The Court will advise the parties in the event there is a material change in circumstances. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/27/21) (yv)
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Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephonic Settlement Conference held on 8/18/2021. (kl)
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Filing 40
REPLY MEMORANDUM OF LAW in Support re: #33 MOTION for Pre-Trial Trial Motion in Limine. . Document filed by Yashpal Amarsingh, Trans Continental Trucking LLC..(Whalen, James)
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Filing 39
FIRST MEMORANDUM OF LAW in Opposition re: #33 MOTION for Pre-Trial Trial Motion in Limine. . Document filed by Jose R Chicon-Deleon..(Liakas, Stephen)
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Filing 38
ORDER SCHEDULING TELEPHONIC SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Stewart Aaron on Wednesday, August 18, 2021 at 2:30 p.m. The settlement shall proceed by telephone unless the parties advise the Court that they have access to and prefer proceeding by alternative remote means, such as by video. The Court will provide dial-in information to the parties by email before the conference. The parties must comply with the Settlement Conference Procedures for Magistrate Judge Stewart D. Aaron, available at https://nysd.uscourts.gov/hon-stewart-d-aaron. So Ordered. (Settlement Conference set for 8/18/2021 at 02:30 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 7/1/2021) (js)
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Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held via teleconference on 6/30/2021. Stephen J. Liakas present for Plaintiff. James Whalen, Jr. and Gregory Katz present for Defendants. (ab)
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Filing 37
MEMORANDUM OPINION AND ORDER re: #33 MOTION for Pre-Trial Trial Motion in Limine. filed by Trans Continental Trucking LLC, Yashpal Amarsingh. As discussed during the telephone conference held earlier this afternoon, Defendant's motion in limine to preclude the testimony of Franciso Veras, see ECF No. 33, is DENIED. In considering whether to preclude a witness from testifying based on a failure to comply with a discovery deadline, courts consider (1) the party's explanation for its failure to disclose, (2) the importance of the evidence, (3) the prejudice suffered by the opposing party, and (4) the possibility of a continuance. See Patterson v. Balsamico, 440 F.3d 104, 117 (2d Cir.2006). Here, the first factor cuts in favor of Defendants because, although Mr. Veras's employer may not have been known to counsel earlier, it was known to Plaintiff himself. But, in view of the fact that Mr. Veras was already deposed and the fact that he was an eyewitness to the accident at issue, the other factors weigh strongly in favor of permitting Mr. Veras to testify. Accordingly, the motion is DENIED. As discussed, Plaintiff shall respond to the other portions of Defendants' motion in limine, see ECF No. 33, at 5-9, by Monday, July 12, 2021., (Responses due by 7/12/2021) (Signed by Judge Jesse M. Furman on 6/30/2021) (nb)
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Filing 36
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Stewart D. Aaron. As stated during the teleconference held earlier today, the parties are directed to contact the chambers of Magistrate Judge Aaron no later than July 7, 2021, to schedule a settlement conference to take place as soon as schedules reasonably permit. (Signed by Judge Jesse M. Furman on 6/30/2021) (nb) Modified on 6/30/2021 (nb).
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Filing 35
NOTICE OF APPEARANCE by Gregory Scott Katz on behalf of Yashpal Amarsingh, Trans Continental Trucking LLC..(Katz, Gregory)
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Filing 34
ORDER, The parties are ordered to appear for a teleconference to discuss (1) trial scheduling and protocols and (2) whether or how the Court can facilitate a settlement of this matter on June 30, 2021 at 4:00 p.m. The teleconference will be held in accordance with Rule 2(A) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) As stated in Rule 2(C)(ii) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, no later than 24 hours before the conference, the parties shall send a joint email to the Court with a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. More broadly, counsel should review and comply with the rules and guidance regarding teleconferences set forth in the Court's Emergency Individual Rules and Practices in Light of COVID-19. SO ORDERED. ( Telephone Conference set for 6/30/2021 at 04:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/28/21) (yv)
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Filing 33
MOTION for Pre-Trial Trial Motion in Limine. Document filed by Yashpal Amarsingh, Trans Continental Trucking LLC. (Attachments: #1 Exhibit Exhibit 1: Civil Case Management Plan and Scheduling Order dated November 6, 2020, #2 Exhibit Exhibit 2: Court's Order, dated March 16, 2021, #3 Exhibit Exhibit 3: Second Supplemental 26(a)(1)A) Initial Disclosure, dated May 6, 2021, #4 Exhibit Exhibit 4: Letter Rejecting Disclosure, dated May 6, 2021, #5 Exhibit Exhibit 5: Plaintiff's Initial rule 26 Disclosure, dated September 22, 2020, #6 Exhibit Exhibit 6: Defendants' Third Demand for Production of Documents and Things, dated January 18, 2021, #7 Exhibit Exhibit 7: Plaintiff's Response to Third Demand, dated February 17, 2021, #8 Exhibit Exhibit 8: Court's Order Regarding Non-Party Witness Francisco Veras, #9 Exhibit Exhibit 9: Excerpts from Deposition testimony of Francisco Veras, #10 Exhibit Exhibit 10: Letters Regarding IME Companion, Angelina Hernandez).(Wang, Daniel)
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Filing 32
PRETRIAL STATEMENT Joint PreTrial Order with supporting documents. Document filed by Yashpal Amarsingh, Trans Continental Trucking LLC..(Wang, Daniel)
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Filing 31
Exhibit List . Document filed by Jose R Chicon-Deleon..(Liakas, Stephen)
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Filing 30
NOTICE OF APPEARANCE by James T. Whalen, Jr on behalf of Yashpal Amarsingh, Trans Continental Trucking LLC..(Whalen, James)
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Filing 28
ORDER denying without prejudice #27 Letter Motion for Conference. Whether Plaintiff should be permitted to rely on or call any newly disclosed witness would be better resolved at the time of summary judgment or in the lead up to trial. Accordingly, the motion is denied without prejudice. In the event that either side moves for summary judgment, the parties should address in their summary judgment briefing whether or to what extent the Court can or should consider any affidavit submitted by the witness. In the event that neither side moves for summary judgment, and Plaintiff intends to call the witness at issue, Plaintiff shall file an motion in limine with the joint pretrial materials addressing why the newly disclosed witness should be permitted to testify at trial. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 27
LETTER MOTION for Conference addressed to Judge Jesse M. Furman from Daniel D. Wang dated May 6, 2021. Document filed by Yashpal Amarsingh, Trans Continental Trucking LLC..(Wang, Daniel)
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FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 5/5/2021 at 10:00 AM through video conference. (sb)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 4/22/2021.(ah)
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Minute Entry for proceedings held before Judge Jesse M. Furman: Pretrial Conference held via teleconference on 3/16/2021. Stephen Liakas present for Plaintiff. Daniel Wang present for Defendants. (ab) Modified on 3/23/2021 (ab).
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Filing 26
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby 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 3/26/2021. (Signed by Judge Jesse M. Furman on 3/16/2021) (kv)
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Filing 25
ORDER: As discussed during the pretrial conference held earlier today: The expert discovery deadline is hereby extended to May 24, 2021. Plaintiff is granted leave to take the deposition of the individual Defendant's son and to complete any discovery on which the parties have already reached agreement no later than the close of expert discovery. By separate order to be entered today, the Court will refer this case for mediation to the Court-annexed Mediation Program. The parties shall schedule a mediation to occur no later than the close of expert discovery. Any motions for summary judgment must be filed no later than June 26, 2021. If both parties intend to move for summary judgment, the parties shall submit a proposal for a consolidated briefing schedule and structure by that date. SO ORDERED. Motions due by 6/26/2021. Expert Discovery due by 5/24/2021. (Signed by Judge Jesse M. Furman on 3/16/2021) (kv)
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Filing 24
ORDER: The pretrial conference scheduled for March 16, 2021, at 3:00 p.m. will be held remotely by teleconference in accordance with Rule 2(A) of the Courts Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.go /hon-jesse-m-furman. The parties should join the conference by calling the Courts dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) (as further set forth herein). SO ORDERED. (Signed by Judge Jesse M. Furman on 3/12/2021) (kv)
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Filing 23
FIRST LETTER addressed to Judge Jesse M. Furman from Stephen J. Liakas and Danny D. Wang dated 03/11/2021 re: Joint case status letter pursuant to Your Honors Order dated November 6, 2020. Document filed by Jose R Chicon-Deleon..(Liakas, Stephen)
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Filing 22
ORDER. In light of the circumstances surrounding COVID-19, the Court will not hold the upcoming conference in this case in person. Counsel should submit their joint status letter on ECF no later than the Thursday prior to the conference, the contents of which are described in the Case Management Plan and Scheduling Order. ECF No. 17. In their joint letter, the parties should also indicate whether they can do without a conference altogether. Unless and until the Court orders otherwise, all existing dates and deadlines including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the Case Management Plan and Scheduling Order remain in effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/8/21) (yv)
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Filing 21
MEMO ENDORSEMENT on re: #20 Letter pursuant to Your Honors Order dated November 6, 2020 filed by Jose R Chicon-Deleon. ENDORSEMENT: Application DENIED without prejudice to refiling. As stated in Paragraph 8(e) of the Case Management Plan and Scheduling Order, ECF No. 17, any request for an extension of a fact or discovery deadline "must explain why despite the parties' due diligence, discovery could not be completed by the relevant deadline." This letter does not satisfy that requirement. Further, any such request must be filed by letter-motion, not ordinary letter, on ECF. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/29/21) (yv)
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Filing 20
FIRST LETTER addressed to Judge Jesse M. Furman from Stephen J. Liakas dated January 29, 2021 re: Joint Letter pursuant to Your Honors Order dated November 6, 2020. Document filed by Jose R Chicon-Deleon..(Liakas, Stephen)
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Filing 19
REQUEST FOR PRODUCTION OF DOCUMENTS.Document filed by Yashpal Amarsingh, Trans Continental Trucking LLC..(Wang, Daniel)
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Filing 18
NOTICE OF APPEARANCE by Daniel David Wang on behalf of Yashpal Amarsingh, Trans Continental Trucking LLC..(Wang, Daniel)
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Filing 17
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). Settlement discussions have not taken place. The case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 5 days. The initial pretrial conference, currently scheduled for November 10, 2020, see ECF No. 5, is CANCELED. Counsel should note the date of the next pretrial conference on the previous page. Motions due by 12/10/2020. Fact Discovery due by 3/10/2021. Expert Discovery due by 4/23/2021. Pretrial Conference set for 3/16/2021 at 03:00 PM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 11/6/2020) (nb)
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Filing 16
FIRST LETTER addressed to Judge Jesse M. Furman from Stephen J. Liakas dated November 5, 2020 re: Joint Trial Letter. Document filed by Jose R Chicon-Deleon..(Liakas, Stephen)
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Filing 15
PROPOSED CASE MANAGEMENT PLAN. Document filed by Jose R Chicon-Deleon..(Liakas, Stephen)
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Filing 14
ORDER: In light of the COVID-19 situation, the Court will not hold the upcoming conference in this case in person. Counsel should submit their proposed case management plan and joint letter by the Thursday prior to the conference, as directed in the Court's earlier Scheduling Order. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference.In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/02/2020) (ama)
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Filing 13
DEMAND for Trial by Jury. Document filed by Yashpal Amarsingh, Trans Continental Trucking LLC.(Schwartzstein, Adam)
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Filing 12
DEMAND for Trial by Jury. Document filed by Jose R Chicon-Deleon (Attachments: #1 Affidavit Affidavit of Service).(Liakas, Stephen)
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Filing 11
NOTICE OF APPEARANCE by Stephen John Liakas on behalf of Jose R Chicon-Deleon..(Liakas, Stephen)
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Filing 10
ANSWER to Complaint. Document filed by Yashpal Amarsingh, Trans Continental Trucking LLC..(Schwartzstein, Adam)
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Filing 9
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Yashpal Amarsingh, Trans Continental Trucking LLC..(Schwartzstein, Adam)
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Filing 8
CERTIFICATE OF SERVICE of court order regarding initial conference served on Plaintiff on July 23, 2020. Service was made by Mail. Document filed by Yashpal Amarsingh, Trans Continental Trucking LLC..(Schwartzstein, Adam)
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Filing 7
CERTIFICATE OF SERVICE of court order served on Plaintiff on July 23, 2020. Service was made by Mail. Document filed by Yashpal Amarsingh, Trans Continental Trucking LLC..(Schwartzstein, Adam)
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Filing 6
AMENDED NOTICE OF REMOVAL against Jose R Chicon-Deleon; amending #1 Notice of Removal,.Document filed by Yashpal Amarsingh, Trans Continental Trucking LLC. Related document: #1 Notice of Removal,. (Attachments: #1 summons and complaint).(Schwartzstein, Adam)
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on November 10, 2020, at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Within two business days of the date of this Order, Defendants are directed to serve on Plaintiff a copy of this Order and of the Court's Individual Rules and Practices in Civil Cases, and to file proof of such service on the docket. Counsel for Plaintiff is directed to file a notice of appearance on the docket within two business days of such service. The parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference.The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. SO ORDERED. ( Initial Conference set for 11/10/2020 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/22/20) (yv)
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Filing 4
ORDER, It is hereby ORDERED that, on or before July 29, 2020, Defendants shall amend their Notice of Removal to allege the citizenship of each constituent person or entity comprising the Defendant LLC (including the state of incorporation and principal place of business of any corporate entity member). If, by that date, the Defendants are unable to amend their Notice of Removal to truthfully allege complete diversity of citizenship, then the action will be remanded to the Supreme Court of New York, Bronx County, without further notice to either party. Finally, Defendants are directed to, within two business days of this Order, serve on Plaintiff a copy of this Order and to file proof of such service on the docket. Counsel for Plaintiff is directed to file a notice of appearance on the docket within two business days of such service. SO ORDERED. ( Amended Pleadings due by 7/29/2020.) (Signed by Judge Jesse M. Furman on 7/22/20) (yv)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Yashpal Amarsingh, Trans Continental Trucking LLC..(Schwartzstein, Adam)
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Filing 2
CIVIL COVER SHEET filed..(Schwartzstein, Adam)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Adam Neil Schwartzstein to Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): the wrong event type was used to file the document. Rule 7.1 Corporate Disclosure Statement must be filed under Rule 7.1 Corporate Disclosure Statement found in Other Documents, Other Filings. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Adam Neil Schwartzstein to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(pc)
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Case Designated ECF. (pc)
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Magistrate Judge Stewart D. Aaron 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. (pc)
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Filing 1
NOTICE OF REMOVAL from Supeme Court, County of Bronx. Case Number: 25644-2020E. (Filing Fee $ 400.00, Receipt Number ANYSDC-20782469).Document filed by Yashpal Amarsingh, Trans Continental Trucking LLC. (Attachments: #1 Civil Cover Sheet, #2 Rule 7.1 disclosure, #3 Complaint).(Schwartzstein, Adam)
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