Rivera v. Tavarez
| Sobeida M Rivera |
| Toyota Lease Trust and Arleni Delgado Tavarez |
| 1:2021cv01003 |
| February 4, 2021 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Motor Vehicle |
| 28 U.S.C. § 1332 nr |
| None |
Docket Report
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This docket was last retrieved on March 6, 2021. A more recent docket listing may be available from PACER.
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Filing 13
STIPULATION TO LIMIT DAMAGES AND REMAND TO STATE COURT: IT IS HEREBY STIPULATED TO AND AGREED by the undersigned attorneys, counsel for all the parties herein, and Plaintiff SOBEIDA M. RIVERA, that the amount of monetary damages recoverable by Plaintiff against Defendant shall be limited to and capped at an amount not to exceed the sum of SEVENTY-FIVE THOUSAND ($75,000.00) DOLLARS, inclusive of any and all interest and costs, and that Plaintiff waives her right to seek and/or recover herein against Defendant any amount of damages above this amount even in the event of a jury verdict exceeding this amount. The parties have stipulated that the amount in controversy in this matter does not exceed the sum or value of $75,000; consequently, the Court lacks subject matter jurisdiction over this action. See 28 U.S.C. 1332. The Court orders that the case be remanded to the Supreme Court of the State of New York, Bronx County. The Clerk of Court is directed to remand this matter to the Supreme Court of the State of New York, Bronx County without delay. (Signed by Judge Gregory H. Woods on 3/6/2021) (mro) Transmission to Docket Assistant Clerk for processing.
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of Bronx. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1005 202 3 on 3/8/2021. (mro) |
| Filing 12 PROPOSED STIPULATION AND ORDER. Document filed by Sobeida M Rivera..(Jean-Jacques, Michelle) |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 3/4/2021. (Court Reporter Lisa Franko) (wv) |
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Filing 11
ORDER. On March 4, 2021, the Court held a conference with the parties. At the conference, the parties informed the Court of their intent to stipulate that the amount in controversy in this case is less than the sum or value of $75,000 and, consequently, that this Court lacks jurisdiction. The Court expects that the parties will file the stipulation no later than March 8, 2021. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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| Filing 10 STIPULATION OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT TOYOTA LEASE TRUST: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record for the parties to the above-entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above-entitled action be, and the same hereby is, dismissed with prejudice as to defendant Toyota Lease Trust, only, without cost to any party as against any other. Plaintiff and Defendant Toyota Lease Trust have stipulated to the dismissal of Plaintiff's claims against Toyota Lease Trust with prejudice. The Clerk of Court is directed to remove the name of Toyota Lease Trust from the caption of this case. Toyota Lease Trust terminated. (Signed by Judge Gregory H. Woods on 3/3/2021) (mro) |
| Filing 9 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Toyota Lease Trust and without costs. Document filed by Toyota Lease Trust. Proposed Order to be reviewed by Clerk's Office staff...(Aaron, Clifford) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #9 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Gregory H. Woods for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| Filing 8 PRE-CONFERENCE STATEMENT . Document filed by Toyota Lease Trust. (Attachments: #1 proposed Civil Case Managment Plan and Scheduling Order).(Aaron, Clifford) |
| Filing 7 NOTICE OF APPEARANCE by Talay Hafiz on behalf of Arleni Delgado Tavarez..(Hafiz, Talay) |
| Filing 6 NOTICE OF APPEARANCE by Michelle Jean-Jacques on behalf of Sobeida M Rivera..(Jean-Jacques, Michelle) |
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Filing 5
ORDER: This action was removed from the Supreme Court of the State of New York, County of Bronx, on February 4, 2021. Dkt. No. 1. Pursuant to Fed. R. Civ. P. 81(c)(3), if any party wishes to demand a jury trial in this matter, the demand must be served and filed no later than February 18, 2021. Additionally, counsel for Plaintiff is directed to promptly file a notice of appearance in this case. Counsel for Defendants is directed to serve a copy of this order on Plaintiff, and to retain proof of service. (Signed by Judge Gregory H. Woods on 2/8/2021) (mro)
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| Filing 4 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/4/2021 at 01:00 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (Signed by Judge Gregory H. Woods on 2/8/2021) (mro) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Clifford B. Aaron. The following case opening statistical information was erroneously selected/entered: Dollar Demand $3,000,000; County code Albany. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to omitted; the County code has been modified to XX Out of State. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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) |
| Magistrate Judge James L. Cott 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) |
| Case Designated ECF. (dnh) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Toyota Motor Corporation for Toyota Lease Trust. Document filed by Toyota Lease Trust..(Aaron, Clifford) |
| Filing 2 CIVIL COVER SHEET filed..(Aaron, Clifford) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 34095/2020E. (Filing Fee $ 402.00, Receipt Number ANYSDC-23819947).Document filed by Toyota Lease Trust. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Answer by Toyota Lease Trust, #3 Exhibit Answer by Defendant Tavarez, #4 Exhibit Response to Demand for Ad Damnum, #5 Exhibit Police Report, #6 Exhibit Consent by Defendant Tavarez for Removal).(Aaron, Clifford) |
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