Farnum, as Administratrix of the Estate of Shakeem Farnum v. Crown Equipment Corporation et al
| Hope Farnum, as Administratrix of the Estate of Shakeem Farnum and Hope Farnum |
| James N Maglaras and Crown Equipment Corporation |
| 1:2020cv10843 |
| December 22, 2020 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 pl |
| Both |
Docket Report
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This docket was last retrieved on June 23, 2021. A more recent docket listing may be available from PACER.
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| Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Thomas J. Cullen, Jr., Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24010769. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Crown Equipment Corporation. (Attachments: #1 Affidavit of Thomas J. Cullen, Jr., Esq., #2 Maryland Certificate of Good Standing, #3 Tennessee Certificate of Good Standing, #4 Text of Proposed Order).(Amoroso, Joseph) Modified on 2/19/2021 (bcu). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #28 MOTION for Thomas J. Cullen, Jr., Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24010769. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of Maryland;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) |
| Filing 27 REPLY MEMORANDUM OF LAW in Support re: #13 MOTION to Remand ., #15 MOTION to Remand to State Court ., #14 MOTION to Remand to State Court . . Document filed by Hope Farnum..(Gurfein, Richard) |
| Filing 26 MEMORANDUM OF LAW in Opposition re: #14 MOTION to Remand to State Court ., #13 MOTION to Remand ., #15 MOTION to Remand to State Court . . Document filed by Crown Equipment Corporation, James N Maglaras. (Attachments: #1 Certification of Timothy I. Duffy, Esq., #2 Plaintiff's Complaint, #3 Plaintiff's First Amended Complaint, #4 Lease Schedule, #5 Reprint of Invoice, #6 Installation Report, #7 Declaration of James N. Maglaras, #8 Supplemental Declaration of James N. Maglaras, #9 Crown's Articles of Incorporation, #10 Certificate of Amended Articles of Incorporation, #11 Certification of Service).(Duffy, Timothy) |
| Filing 25 NOTICE OF CHANGE OF ADDRESS by Joseph Carmine Amoroso, I on behalf of Crown Equipment Corporation, James N Maglaras. New Address: Schenck, Price, Smith & King LLP, 220 Park Avenue, PO Box 991, Florham Park, NJ, United States 07932, 9735391000..(Amoroso, Joseph) |
| Filing 24 NOTICE OF CHANGE OF ADDRESS by Timothy Ignatius Duffy on behalf of Crown Equipment Corporation, James N Maglaras. New Address: Schenck, Price, Smith & King LLP, 220 Park Avenue, PO Box 991, Florham Park, NJ, United States 07932, (973) 539-1000..(Duffy, Timothy) |
Filing 23
STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and among counsel for Plaintiff and Defendants, that the time for Defendants to respond to Plaintiff's First Amended Complaint and that the time for Mr. Maglaras to advise the Court of his intention to rely upon his previously filed Motion to Dismiss [ECF Doc. 7], or to file a new motion against the claims alleged in Plaintiff's First Amended Complaint, be and is hereby extended until fourteen (14) days after the Court's ruling on Plaintiff's pending Motion to Remand [ECF Doc. 13]; IT IS FURTHER STIPULATED AND AGREED, that nothing in this Stipulation shall be construed as a waiver of any of Defendants Crown Equipment Corporation's and James N. Maglaras's rights, defenses, or arguments that they would otherwise have in responding to Plaintiff's First Amended Complaint. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/27/2021) (kv)
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| Filing 22 LETTER addressed to Judge Ronnie Abrams from Timothy I. Duffy, Esq. dated January 25, 2021 re: Proposed Stipulation adjourning all pending deadlines. Document filed by Crown Equipment Corporation, James N Maglaras. (Attachments: #1 Stipulation).(Duffy, Timothy) |
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Filing 21
ORDER re: #13 MOTION to Remand . filed by Hope Farnum, #15 MOTION to Remand to State Court . filed by Hope Farnum, #14 MOTION to Remand to State Court . filed by Hope Farnum. In light of Plaintiff's pending motion to remand, Dkt. 13-15, the initial pre-trial conference in this case, currently scheduled for February 5, 2021, is hereby adjourned sine die. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/25/2021) (kv) Modified on 2/8/2021 (kv).
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to File Response/Reply. Application granted. The time for Plaintiff to respond to Defendant's motion to dismiss is adjourned until after the Court renders a decision on Plaintiff's motion to remand. SO ORDERED.. (Signed by Judge Ronnie Abrams on 1/22/2021) (ks)
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| Filing 19 LETTER MOTION for Extension of Time to File Response/Reply as to #8 Memorandum of Law in Support of Motion, #9 Declaration in Support of Motion, #7 MOTION to Dismiss for Failure to State a Claim upon which relief may be granted pursuant to Fed. R. Civ. Pro. 12(b)(6). addressed to Judge Ronnie Abrams from Richard A Gurfein dated January 21, 2021. Document filed by Hope Farnum..(Gurfein, Richard) |
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Filing 18
MEMO ENDORSEMENT on re: #16 Letter filed by Hope Farnum. ENDORSEMENT: Within fourteen days of service of the amended complaint, Defendant must: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court and Plaintiff stating that it relies on the previously filed motion to dismiss. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/20/2021) (kv)
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| Filing 17 AMENDED COMPLAINT against Crown Equipment Corporation, James N Maglaras with JURY DEMAND.Document filed by Hope Farnum..(Gurfein, Richard) |
| Filing 16 LETTER addressed to Judge Ronnie Abrams from Richard A Gurfein dated January 19, 2021 re: Intent to File Amended Complaint. Document filed by Hope Farnum..(Gurfein, Richard) |
| Filing 15 MOTION to Remand to State Court . Document filed by Hope Farnum. (Attachments: #1 Exhibit).(Gurfein, Richard) |
| Filing 14 MOTION to Remand to State Court . Document filed by Hope Farnum..(Gurfein, Richard) |
| Filing 13 MOTION to Remand . Document filed by Hope Farnum..(Gurfein, Richard) |
| Filing 12 AFFIDAVIT OF SERVICE of Judge Abrams' January 14, 2021 Order and Notice of Initial Conference served on Richard A. Gurfein, Esq. on January 14, 2021. Service was made by E-mail & UPS Overnight Mail. Document filed by Crown Equipment Corporation, James N Maglaras..(Amoroso, Joseph) |
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Filing 11
ORDER AND NOTICE OF INITIAL CONFERENCE: ORDERED that counsel for all parties appear for an initial status conference on February 5, 2021 at 12:00 pm. In light of the COVID-19 crisis, the Court will hold this conference by telephone. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. (As further set forth in this Order.) Initial Conference set for 2/5/2021 at 12:00 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 1/14/2021) (cf)
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| Filing 10 LETTER addressed to Judge Ronnie Abrams from Timothy I. Duffy, Esq. dated January 11, 2021 re: Request for Oral Argument on Defendant's Motion to Dismiss. Document filed by James N Maglaras..(Duffy, Timothy) |
| Filing 9 DECLARATION of Timothy I. Duffy, Esq. in Support re: #7 MOTION to Dismiss for Failure to State a Claim upon which relief may be granted pursuant to Fed. R. Civ. Pro. 12(b)(6).. Document filed by James N Maglaras. (Attachments: #1 Defendant Crown Equipment Corporation's Filed Notice of Removal, #2 Certification of Service).(Duffy, Timothy) |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION to Dismiss for Failure to State a Claim upon which relief may be granted pursuant to Fed. R. Civ. Pro. 12(b)(6). . Document filed by James N Maglaras. (Attachments: #1 Statement of Material Facts).(Duffy, Timothy) |
| Filing 7 MOTION to Dismiss for Failure to State a Claim upon which relief may be granted pursuant to Fed. R. Civ. Pro. 12(b)(6). Document filed by James N Maglaras..(Duffy, Timothy) |
| Filing 6 ANSWER to Complaint with JURY DEMAND. Document filed by Crown Equipment Corporation..(Duffy, Timothy) |
| Filing 5 NOTICE OF APPEARANCE by Timothy Ignatius Duffy on behalf of Crown Equipment Corporation..(Duffy, Timothy) |
| Filing 4 CIVIL COVER SHEET filed..(Amoroso, Joseph) |
| Filing 3 NOTICE OF REMOVAL from Supreme Court of New York, County of Bronx. Case Number: 33068/2020E..Document filed by Crown Equipment Corporation. (Attachments: #1 State Court Complaint and Affidavit of Service, #2 Articles of Incorporation, #3 Certificate of Amended Articles of Incorporation, #4 Declaration of James N. Maglaras, #5 Notice of Filing of Notice of Removal).(Amoroso, Joseph) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Crown Equipment Corporation..(Amoroso, Joseph) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Joseph Carmine Amoroso, I. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Carmine Amoroso, I. The party information for the following party/parties has been modified: Hope Farnum, as Administratrix of the Estate of Shakeem Farnum. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joseph Carmine Amoroso, I to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): Notice of Removal exhibits must be labeled and filed as attachments to the notice of removal pursuant to ECF Filing Rule 13.3. Exhibits cannot be labeled Exhibit A, Exhibit B, etc.. 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. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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..(dnh) |
| Case Designated ECF. (dnh) |
| Magistrate Judge Sarah L. Cave 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. (dnh) |
| Filing 1 FILING ERROR - EXHIBITS NOT CLEARLY TITLED-NOTICE OF REMOVAL from Supreme Court of New York, County of Bronx. Case Number: 33068/2020E. (Filing Fee $ 402.00, Receipt Number ANYSDC-23158985).Document filed by Crown Equipment Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Amoroso, Joseph) Modified on 12/23/2020 (dnh). |
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