Hobbs et al v. Knight-Swift Transportation Holdings, Inc. et al
Plaintiff: Tavares Hobbs, Ricardo Bell and Robert Shaw
Defendant: Swift Transportation Co. of Arizona, LLC and Knight-Swift Transportation Holdings, Inc.
Case Number: 1:2021cv01421
Filed: February 17, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Analisa Torres
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. ยง 1391
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 16, 2021 Opinion or Order Filing 23 LETTER addressed to Judge Analisa Torres from Brian D. Murphy dated April 16, 2021 re: Anticipated Motion. Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC..(Murphy, Brian)
April 15, 2021 Opinion or Order Filing 22 ORDER: In light of the claims at issue in this case, this case is referred for mediation to the Court annexed Mediation Program. Local Rule 83.9 shall govern the mediation. The parties are directed to paii icipate in the mediation in good faith. The mediation shall begin within sixty (60) days following the date of this order. The conference scheduled for April 20, 2021, is ADJOURNED to June 29, 2021, at 10:00 a.m. By June 22, 2021, the patties shall submit their updated joint letter and proposed case management plan. 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 4/26/2021.), ( Initial Conference set for 6/29/2021 at 10:00 AM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 4/15/2021) (kv)
April 13, 2021 Opinion or Order Filing 21 PROPOSED CASE MANAGEMENT PLAN. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw..(Nestico, John)
April 13, 2021 Opinion or Order Filing 20 JOINT LETTER addressed to Judge Analisa Torres from John Nestico and Brian Murphy dated April 13, 2021 re: Joint Letter Pursuant to Initial Pretrial Conference Order. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw..(Nestico, John)
April 12, 2021 Opinion or Order Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nathan Piller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24383867. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw. (Attachments: #1 Affidavit, #2 Proposed Order).(Nestico, John) Modified on 4/12/2021 (vba).
April 12, 2021 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 MOTION for Nathan Piller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24383867. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a 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.. (vba)
April 6, 2021 Opinion or Order Filing 18 STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs Tavares Hobbs, Ricardo Bell, and Robert Shaw (collectively, "Plaintiffs") and Defendants Knight-Swift Transportation Holdings, Inc. and Swift Transportation Co. of Arizona, LLC (together, "Defendants"), that the time for Defendants to answer, move (in accordance with Rule III(B) of the Individual Rules of Practice for the Hon. Analisa Torres), or respond to the Complaint, is hereby extended up to and including April 16, 2021. SO ORDERED. Knight-Swift Transportation Holdings, Inc. answer due 4/16/2021; Swift Transportation Co. of Arizona, LLC answer due 4/16/2021. (Signed by Judge Analisa Torres on 4/6/2021) (jca)
April 6, 2021 Opinion or Order Filing 17 PROPOSED STIPULATION AND ORDER. Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC..(Murphy, Brian)
April 6, 2021 Opinion or Order Filing 16 NOTICE OF APPEARANCE by Brian Daniel Murphy on behalf of Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC..(Murphy, Brian)
March 30, 2021 Opinion or Order Filing 15 SUMMONS RETURNED EXECUTED. Knight-Swift Transportation Holdings, Inc. served on 3/17/2021, answer due 4/7/2021. Service was accepted by Christine Napier. Document filed by Tavares Hobbs; Robert Shaw; Ricardo Bell..(Nestico, John)
March 30, 2021 Opinion or Order Filing 14 SUMMONS RETURNED EXECUTED. Swift Transportation Co. of Arizona, LLC served on 3/17/2021, answer due 4/7/2021. Service was accepted by Christine Napier. Document filed by Tavares Hobbs; Robert Shaw; Ricardo Bell..(Nestico, John)
March 18, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Joseph Nestico. The party information for the following party/parties has been modified: Tavares Hobbs, Robert Shaw, Ricardo Bell. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
March 17, 2021 Opinion or Order Filing 13 FIRST AMENDED COMPLAINT amending #10 Amended Complaint, against Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC with JURY DEMAND.Document filed by Tavares Hobbs, Robert Shaw, Ricardo Bell. Related document: #10 Amended Complaint,. (Attachments: #1 Exhibit 1).(Nestico, John)
March 16, 2021 Opinion or Order Filing 12 ORDER granting #11 Letter Motion for Leave to File Document. GRANTED. By March 19, 2021, Plaintiffs shall file their amended complaint. SO ORDERED. (Signed by Judge Analisa Torres on 3/16/2021) (kv)
March 16, 2021 Opinion or Order Filing 11 LETTER MOTION for Leave to File First Amended Complaint addressed to Judge Analisa Torres from John J. Nestico dated March 16, 2021. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw. (Attachments: #1 Proposed Order).(Nestico, John)
March 16, 2021 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 3/19/2021. (kv)
March 10, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Joseph Nestico re: Document No. #10 Amended Complaint. The filing is deficient for the following reason(s): the pleading was filed correctly after the due date, therefore new Court's leave must be granted. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo)
March 9, 2021 Opinion or Order Filing 10 FILING ERROR - DEFICIENT PLEADING - FRCP RULE 15 NON-COMPLIANCE - FIRST AMENDED COMPLAINT amending #6 Amended Complaint, against Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC with JURY DEMAND.Document filed by Tavares Hobbs, Robert Shaw, Ricardo Bell. Related document: #6 Amended Complaint,. (Attachments: #1 Exhibit 1).(Nestico, John) Modified on 3/10/2021 (jgo).
March 9, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Joseph Nestico to RE-FILE Document No. #6 Amended Complaint. The filing is deficient for the following reason(s): the All Plaintiff radio button was selected; the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint 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. (sj)
March 5, 2021 Opinion or Order Filing 9 ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 3/5/2021) (mml)
March 5, 2021 Opinion or Order Filing 8 ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by April 13, 2021, email a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, to Orders_and_Judgments@nysd.uscourts.gov. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by April 13, 2021, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 3/5/2021) (mml)
March 5, 2021 Opinion or Order Filing 7 INITIAL PRETRIAL CONFERENCE ORDER: 1. Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 10:00 a.m. on April 20, 2021, to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. Principal trial counsel must appear at this and all subsequent conferences. 2. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS NOTICE AND THE COURT'S INDIVIDUAL PRACTICES INCLUDING THE COURT'S EMERGENCY RULES AND PRACTICES IN LIGHT OF COVID-19-TO ALL PARTIES, as further set forth in this Order. 8. If this case has been settled or otherwise terminated, counsel are required to notify the Court-before the date of the conference-by calling (212) 805-0292 and must e-mail a stipulation of discontinuance, voluntary dismissal, or other proof of termination to the Orders and Judgments Clerk (judgments@nysd.uscourts.gov). Telephone Conference set for 4/20/2021 at 10:00 AM before Judge Analisa Torres. Initial Conference set for 4/20/2021 at 10:00 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 3/5/2021) (mml)
March 5, 2021 Opinion or Order Filing 6 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #1 Complaint against All Plaintiffs with JURY DEMAND.Document filed by Tavares Hobbs, Robert Shaw, Ricardo Bell. Related document: #1 Complaint. (Attachments: #1 Exhibit 1).(Nestico, John) Modified on 3/9/2021 (sj).
February 19, 2021 Opinion or Order Filing 5 ORDER re: #1 Complaint filed by Tavares Hobbs, Robert Shaw, Ricardo Bell. By March 5, 2021, Plaintiffs shall amend its pleading to allege the citizenship of each constituent person or entity. See Handelsman v. Bedford Vill. Assocs. Ltd. P'ship, 213 F.3d 48, 51-52 (2d Cir. 2000) (citing Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998)); Strother v. Harte, 171 F. Supp. 2d 203, 205 (S.D.N.Y. 2001) ("For purposes of diversity jurisdiction, a limited liability company has the citizenship of each of its members."). If Plaintiff fails to amend by the foregoing date to truthfully allege complete diversity based upon the citizenship of each constituent person or entity of the LLC, then the complaint will be dismissed for lack of subject matter jurisdiction. SO ORDERED. (Amended Pleadings due by 3/5/2021.) (Signed by Judge Analisa Torres on 2/19/2021) (kv)
February 18, 2021 Opinion or Order Filing 4 ELECTRONIC SUMMONS ISSUED as to Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC..(dnh)
February 18, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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)
February 18, 2021 Opinion or Order 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. (dnh)
February 18, 2021 Opinion or Order Case Designated ECF. (dnh)
February 18, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Joseph Nestico. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1453. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1391. (dnh)
February 17, 2021 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Knight-Swift Transportation Holdings, Inc.; Swift Transportation Co. of Arizona, LLC, re: #1 Complaint. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw..(Nestico, John)
February 17, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Nestico, John)
February 17, 2021 Opinion or Order Filing 1 COMPLAINT against Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-23980205)Document filed by Tavares Hobbs, Robert Shaw, Ricardo Bell..(Nestico, John)

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Plaintiff: Tavares Hobbs
Represented By: John Joseph Nestico
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Plaintiff: Ricardo Bell
Represented By: John Joseph Nestico
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Plaintiff: Robert Shaw
Represented By: John Joseph Nestico
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Defendant: Swift Transportation Co. of Arizona, LLC
Represented By: Brian Daniel Murphy
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Defendant: Knight-Swift Transportation Holdings, Inc.
Represented By: Brian Daniel Murphy
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