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: Stewart D Aaron
Referring Judge: Jennifer L Rochon
2 Judge: Analisa Torres
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1391 Personal Injury
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 13, 2023 Opinion or Order Filing 107 ORDER: It is hereby Ordered that, no later than Tuesday, June 20, 2023, the parties shall file a joint letter setting forth a proposed schedule for limited discovery regarding numerosity and Plaintiffs' anticipated renewed motion for class certification. If the parties cannot agree on a proposal, the joint letter shall set forth their separate proposals. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 6/13/2023) (ama)
June 13, 2023 Opinion or Order Filing 106 OPINION AND ORDER: Adopting REPORT AND RECOMMENDATION: for #93 Report and Recommendation. For the foregoing reasons, and having concluded that there is no clear error in the parts of the R&R to which the parties did not object, the Court adopts the R&R in full, and modifies it to clarify that the denial of class certification is without prejudice. The Court will permit Plaintiffs to conduct limited discovery on numerosity, which will be supervised by the Magistrate Judge. Any renewed motion for class certification shall also be directed to the Magistrate Judge, who may set the briefing schedule at the end of the limited discovery period. The Clerk of Court is respectfully directed to terminate the motions pending at ECF Nos. 67 and 71. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 6/12/2023) (ama)
June 13, 2023 Opinion or Order Terminate Transcript Deadlines (ama)
April 18, 2023 Opinion or Order Filing 105 LETTER addressed to Judge Jennifer L. Rochon from Nathan B. Piller dated 04/18/2023 re: in response to Defendants letter (ECF 102). Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw..(Piller, Nathan)
April 14, 2023 Opinion or Order Filing 104 MEMO ENDORSEMENT: on re: #103 Letter filed by Tavares Hobbs, Robert Shaw, Ricardo Bell. ENDORSEMENT: IT IS HEREBY ORDERED that Plaintiffs may file a four-page letter in response to Defendants' notice of supplemental authority no later than April 18, 2023. The Court will determine how to treat the two submissions, and whether they will be considered, when it evaluates the merits of the objections. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 4/13/2023) (ama)
April 13, 2023 Opinion or Order Filing 103 LETTER addressed to Judge Jennifer L. Rochon from Nathan B. Piller dated 04/13/2023 re: Defendants NOTICE of Supplemental Authority ECF 102. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw..(Piller, Nathan)
April 12, 2023 Opinion or Order Filing 102 NOTICE of Supplemental Authority re: #96 Objection to Report and Recommendations,. Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC. (Attachments: #1 Exhibit Bouissey v. Swift Transp. Co., No. 19-CV-3203).(Murphy, Brian)
March 17, 2023 Opinion or Order Filing 101 JOINT STIPULATION AND ORDER REGARDING SCHEDULE FOR MANAGER DEPOSITIONS: IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and Defendants, that, subject to the approval of the Court, depositions of Defendants' Terminal Leaders and Driver Leaders must be completed within 75 days of District Judge Rochon's issuance of an Order resolving the cross motions regarding class certification. Having considered the Parties' Stipulation, and good cause appearing, the Court HEREBY issues the following ORDER: Depositions of Defendants' Terminal Leaders and Driver Leaders must be completed within 75 days of District Judge Rochon's issuance of an Order resolving the cross motions regarding class certification. (Signed by Magistrate Judge Stewart D. Aaron on 3/17/2023) (ama)
March 16, 2023 Opinion or Order Filing 100 PROPOSED STIPULATION AND ORDER. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw..(Piller, Nathan)
March 9, 2023 Opinion or Order Filing 99 OPPOSITION BRIEF re: #96 Objection to Report and Recommendations, . Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw. (Attachments: #1 Affidavit Declaration of Nathan B. Piller in Support of Opposition Brief, #2 Exhibit 1 to Piller Declaration, #3 Exhibit 2 to Piller Declaration, #4 Exhibit 3 to Piller Declaration, #5 Exhibit 4 to Piller Declaration, #6 Exhibit 5 to Piller Declaration, #7 Exhibit 6 to Piller Declaration, #8 Exhibit 7 to Piller Declaration, #9 Exhibit 8 to Piller Declaration, #10 Exhibit 9 to Piller Declaration).(Piller, Nathan)
March 9, 2023 Opinion or Order Filing 98 OPPOSITION BRIEF re: #97 Objection to Report and Recommendations, . Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC..(Murphy, Brian)
February 23, 2023 Opinion or Order Filing 97 OBJECTION to #93 Report and Recommendations Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw. (Attachments: #1 Affidavit Declaration of Nathan B. Piller, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5).(Piller, Nathan)
February 23, 2023 Opinion or Order Filing 96 OBJECTION to #93 Report and Recommendations To The Extent It Did Not Deny Plaintiffs' Motion for Class Certification With Prejudice Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC..(Murphy, Brian)
February 10, 2023 Opinion or Order Filing 95 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORAL ARGUMENT proceeding held on 1/30/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
February 10, 2023 Opinion or Order Filing 94 TRANSCRIPT of Proceedings re: ORAL ARGUMENT held on 1/30/2023 before Magistrate Judge Stewart D. Aaron. Court Reporter/Transcriber: Amy Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/3/2023. Redacted Transcript Deadline set for 3/13/2023. Release of Transcript Restriction set for 5/11/2023..(McGuirk, Kelly)
February 9, 2023 Opinion or Order Filing 93 REPORT AND RECOMMENDATION re: #67 MOTION for Judgment to Deny Rule 23 Class Certification filed by Swift Transportation Co. of Arizona, LLC, Knight-Swift Transportation Holdings, Inc., #71 MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification filed by Tavares Hobbs, Robert Shaw, Ricardo Bell: [For the reasons stated], I respectfully recommend that Plaintiffs' motion for class certification be DENIED. I also recommend that Defendants' motion to deny class certification be DENIED AS MOOT. Objections to R&R due by 2/23/2023 (Signed by Magistrate Judge Stewart D. Aaron on 2/9/2023) (Aaron, Stewart)
January 25, 2023 Opinion or Order Filing 92 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Opposition re: #71 MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification. . Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC..(Murphy, Brian)
January 25, 2023 Opinion or Order Filing 91 DECLARATION of Brian D. Murphy in Opposition re: #71 MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification.. Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC. (Attachments: #1 Exhibit X (Former 17 NYCRR 723.4), #2 Exhibit Y (Former 17 NYCRR 824.4), #3 Exhibit Z (NYS Reg. Oct. 5, 2016), #4 Exhibit AA (NYS Reg. Oct. 13, 2004), #5 Exhibit BB (NYS Reg. June 24, 2015), #6 Exhibit CC (NYDOT Webpage), #7 Exhibit DD (FCMSA "Hours of Service" Webpage)).(Murphy, Brian)
January 23, 2023 Opinion or Order Filing 90 ORDER granting in part and denying in part #89 Letter Motion for Leave to File Document: Defendants' Letter Motion is GRANTED IN PART and DENIED IN PART. Defendants may file a sur-reply no later than 1/25/2023. Defendants' sur-reply shall be limited to addressing 17 N.Y.C.R.R. App. B-16, and shall be limited to 3 pages. Any other issues may be addressed at oral argument. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron)(Text Only Order) (Aaron, Stewart)
January 23, 2023 Opinion or Order Filing 89 LETTER MOTION for Leave to File Sur-Reply Addressing Invalid Regulation Plaintiffs Rely Upon For the First Time in Their Reply addressed to Magistrate Judge Stewart D. Aaron from Brian D. Murphy dated January 23, 2023. Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC..(Murphy, Brian)
January 22, 2023 Opinion or Order Filing 88 SCHEDULING ORDER: The parties are directed to appear for a telephonic oral argument regarding the pending motions on Monday, January 30, 2023, at 11:30 a.m. EST. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. Oral Argument set for 1/30/2023 at 11:30 AM before Magistrate Judge Stewart D. Aaron. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron) (Text Only Order) (Aaron, Stewart)
January 20, 2023 Opinion or Order Filing 87 REPLY to Response to Motion re: #71 MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification. . Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw. (Attachments: #1 Affidavit Reply Declaration of Nathan Piller ISO Plaintiffs' Motion for Class Certification, #2 Exhibit Exhibit 1 ISO Reply Declaration of Nathan Piller, #3 Exhibit Exhibit 2 ISO Reply Declaration of Nathan Piller, #4 Exhibit Exhibit 3 ISO Reply Declaration of Nathan Piller, #5 Exhibit Exhibit 4 ISO Reply Declaration of Nathan Piller, #6 Exhibit Exhibit 5 ISO Reply Declaration of Nathan Piller, #7 Exhibit Exhibit 6 ISO Reply Declaration of Nathan Piller, #8 Exhibit Exhibit 7 ISO Reply Declaration of Nathan Piller).(Piller, Nathan)
January 20, 2023 Opinion or Order Filing 86 REPLY MEMORANDUM OF LAW in Support re: #67 MOTION for Judgment to Deny Rule 23 Class Certification. . Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC..(Murphy, Brian)
January 20, 2023 Opinion or Order Filing 85 DECLARATION of Brian D. Murphy in Support re: #67 MOTION for Judgment to Deny Rule 23 Class Certification.. Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC. (Attachments: #1 Exhibit Opinion Letter, #2 Exhibit Acknowledgements, #3 Exhibit Acknowledgments, #4 Exhibit Chimber Transcript, #5 Exhibit Hewitt Transcript, #6 Exhibit Anderson Transcript, #7 Exhibit Martin Transcript, #8 Exhibit Booth Transcript, #9 Exhibit Seamon Transcript, #10 Exhibit Leger Transcript).(Murphy, Brian)
December 14, 2022 Opinion or Order Filing 84 LETTER addressed to Judge Jennifer L. Rochon from Brian D. Murphy dated December 14, 2022 re: Inclusion of Exhibit U to Declaration of Brian Murphy (ECF No. 80). Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC. (Attachments: #1 Exhibit Exhibit U-1 to Murphy Declaration (ECF No. 80), #2 Exhibit Exhibit U-2 to Murphy Declaration (ECF No. 80)).(Murphy, Brian)
December 13, 2022 Opinion or Order Filing 83 MEMORANDUM OF LAW in Opposition re: #67 MOTION for Judgment to Deny Rule 23 Class Certification. . Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw. (Attachments: #1 Affidavit Declaration of Nathan Piller ISO Plaintiff's Opposition to Motion to Deny Class Certification).(Piller, Nathan)
December 13, 2022 Opinion or Order Filing 82 MEMORANDUM OF LAW in Opposition re: #71 MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification. . Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC..(Murphy, Brian)
December 13, 2022 Opinion or Order Filing 81 DECLARATION of Appendix of Declarations in Opposition re: #71 MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification.. Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC. (Attachments: #1 Exhibit 1-4, #2 Exhibit 5-9, #3 Exhibit 10-14, #4 Exhibit 15-19, #5 Exhibit 20-28, #6 Exhibit 29, #7 Exhibit 30).(Murphy, Brian)
December 13, 2022 Opinion or Order Filing 80 DECLARATION of Brian D. Murphy in Opposition re: #71 MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification.. Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC. (Attachments: #1 Exhibit L, #2 Exhibit M, #3 Exhibit N, #4 Exhibit O, #5 Exhibit P, #6 Exhibit Q, #7 Exhibit R, #8 Exhibit S, #9 Exhibit T, #10 Exhibit V, #11 Exhibit W).(Murphy, Brian)
December 13, 2022 Opinion or Order Filing 79 DECLARATION of Brian D. Murphy in Opposition re: #71 MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification.. Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC. (Attachments: #1 Exhibit A (Compendium), #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K).(Murphy, Brian)
November 22, 2022 Opinion or Order Filing 78 ORDER granting #75 Letter Motion for Discovery. Plaintiffs' Letter Motion is GRANTED. The Court finds, in its discretion, that good cause exists to extend the interim deadline for class-related discovery since the declarations had not been served upon Plaintiffs prior to expiration of the deadline. The discovery sought plainly is relevant to the claims and defenses in this case and Defendants are not prejudiced by permitting such discovery. Defendants shall produce the requested data no later than December 6, 2022. The Court correspondingly extends the class certification briefing schedule such that opposition briefs are due no later than December 13, 2022 and reply briefs are due no later than January 20, 2023. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 11/22/2022) (kv)
November 22, 2022 Opinion or Order Filing 77 RESPONSE in Opposition to Motion re: #75 LETTER MOTION for Discovery addressed to Magistrate Judge Stewart D. Aaron from Nathan B. Piller for Plaintiffs Tavares Hobbs, Ricardo Bell, and Robert Shaw dated 11/16/2022. Reply to Opposition. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw..(Piller, Nathan)
November 22, 2022 Opinion or Order Set/Reset Deadlines: Responses due by 12/13/2022 Replies due by 1/20/2023. (kv)
November 21, 2022 Opinion or Order Filing 76 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Stewart D. Aaron from Brian D. Murphy dated November 21, 2022 re: #75 LETTER MOTION for Discovery addressed to Magistrate Judge Stewart D. Aaron from Nathan B. Piller for Plaintiffs Tavares Hobbs, Ricardo Bell, and Robert Shaw dated 11/16/2022. . Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC..(Murphy, Brian)
November 16, 2022 Opinion or Order Filing 75 LETTER MOTION for Discovery addressed to Magistrate Judge Stewart D. Aaron from Nathan B. Piller for Plaintiffs Tavares Hobbs, Ricardo Bell, and Robert Shaw dated 11/16/2022. Document filed by Tavares Hobbs..(Piller, Nathan)
November 4, 2022 Opinion or Order Filing 74 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TELEPHONE CONFERENCE proceeding held on 7/7/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (js)
November 4, 2022 Opinion or Order Filing 73 TRANSCRIPT of Proceedings re: TELEPHONE CONFERENCE held on 7/7/2022 before Magistrate Judge Stewart D. Aaron. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/25/2022. Redacted Transcript Deadline set for 12/5/2022. Release of Transcript Restriction set for 2/2/2023. (js)
October 11, 2022 Opinion or Order Filing 72 JOINT SCHEDULE FOR REMAINING BRIEFING ON CLASS CERTIFICATION AND MANAGER DEPOSITIONS: On July 7, 2022, the Court issued an order directing the Parties to file a joint proposed schedule for the remaining briefing on the cross motions regarding class certification and for Plaintiffs to take depositions of Defendants' managers. Pursuant to the Courts July 7 Order, Plaintiffs Tavares Hobbs, Ricardo Bell, and Robert Shaw ("Plaintiffs"); and Defendants Knight-Swift Transportation Holdings, Inc., and Swift Transportation Co. of Arizona, LLC ("Defendants") propose the following schedule: Defendants to file Opposition to Plaintiffs' Motion for Class Certification: December 6, 2022. Plaintiffs to file Opposition to Defendants Motion to Deny Class Certification: December 6, 2022. Plaintiffs to file Reply in support of Motion for Class Certification: January 13, 2023. Defendants to file Reply in support of Motion to Deny Class Certification: January 13, 2023. Defendants to disclose the names of Terminal Leaders and Driver Leadersoperating out of Defendants New York locations: within 10 days of the Court's issuance of an Order resolving the Parties' cross motions regarding class certification. Parties to schedule Depositions of Terminal Leaders and Driver Leaders: within 20 days of the Court's issuance of an Order resolving the Parties' cross motions regarding class certification. Depositions of Terminal Leaders and Driver Leaders to be completed: within 75 days of the Courts issuance of an Order resolving the Parties' cross motions regarding class certification. ENDORSEMENT: SO ORDERED. Responses due by 12/6/2022 Replies due by 1/13/2023. (Signed by Magistrate Judge Stewart D. Aaron on 10/11/2022) (kl)
October 7, 2022 Opinion or Order Filing 71 MOTION to Certify Class Plaintiffs' Notice of Motion and Motion for Class Certification. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw. (Attachments: #1 Appendix Memorandum of Points and Authorities In Support of Motion for Class Certification, #2 Affidavit Declaration of Nathan Piller In Support of Plaintiffs' Motion for Class Certification, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Affidavit Declaration of Tavares Hobbs, #20 Affidavit Declaration of Robert Shaw, #21 Affidavit Declaration of Ricardo Bell, #22 Appendix Letter Request for Oral Argument).(Piller, Nathan)
October 7, 2022 Opinion or Order Filing 70 MEMORANDUM OF LAW in Support re: #67 MOTION for Judgment to Deny Rule 23 Class Certification. . Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC..(Murphy, Brian)
October 7, 2022 Opinion or Order Filing 69 DECLARATION of Appendix of Declarations in Support re: #67 MOTION for Judgment to Deny Rule 23 Class Certification.. Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30).(Murphy, Brian)
October 7, 2022 Opinion or Order Filing 68 DECLARATION of Brian D. Murphy in Support re: #67 MOTION for Judgment to Deny Rule 23 Class Certification.. Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P).(Murphy, Brian)
October 7, 2022 Opinion or Order Filing 67 MOTION for Judgment to Deny Rule 23 Class Certification. Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC..(Murphy, Brian)
October 7, 2022 Opinion or Order Filing 66 PROPOSED SCHEDULING ORDER. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw..(Piller, Nathan)
October 3, 2022 Opinion or Order Filing 65 JOINT LETTER addressed to Judge Jennifer L. Rochon from Nathan Piller and Brian Murphy dated October 3, 2022 re: updating the Court on the status of the case. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw..(Piller, Nathan)
September 19, 2022 Opinion or Order Filing 64 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://nysd.uscourts.gov/hon-jennifer-l-rochon. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previously-scheduled appearances or conferences before the District Court are hereby adjourned pending further notice from the Court. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed four (4) pages. If this case has been settled or otherwise terminated, counsel need not submit such letter or appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the joint letter submission deadline, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions 13.17-13.19, available at http://nysd.uscourts.gov/ecf_filing.php. Requests for extensions or adjournment of dates not affected by this Order may be made only in accordance with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/19/2022) (jca)
September 16, 2022 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Analisa Torres is no longer assigned to the case. (nb)
July 7, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 7/7/2022. (kl)
July 7, 2022 Opinion or Order Filing 63 ORDER granting in part and denying in part #58 Letter Motion for Conference re: #58 LETTER MOTION for Conference addressed to Magistrate Judge Stewart D. Aaron from Nathan Piller dated June 27, 2022., #62 JOINT LETTER MOTION for Extension of Time to Complete Discovery Relating to Class Certification addressed to Magistrate Judge Stewart D. Aaron from Brian D. Murphy dated July 5, 2022. ; granting #62 Letter Motion for Extension of Time to Complete Discovery. Following a telephone conference with the parties, and for the reasons stated on the record, it is hereby Ordered as follows: 1. Plaintiffs' Letter Motion (ECF No. 58) seeking either to compel Defendants to produce names and contact information for the putative class or precluding either party from submitting sworn testimony from putative class members (other than from the three named Plaintiffs) in connection with their motions regarding class certification is GRANTED IN PART and DENIED IN PART. Defendants need not produce class lists or contact information, provided, however that for any declaration or affidavit submitted by either side in support of or opposition to class certification, the opposing party shall be entitled to take a remote deposition, not to exceed one hour, of each such individuals prior to submitting their responsive brief. 2. The parties' Joint Letter Motion for an extension of time (ECF No. 62) is GRANTED. The deadline for the completion of all discovery regarding issues pertaining to class certification is extended until August 8, 2022. The parties shall file their anticipated cross-motions regarding class certification no later than October 7, 2022. On the same date, the parties shall file a proposed schedule for the remainder of the briefing on the parties' cross-motions. 3. No later than October 7, 2022, the parties also shall file a proposed schedule for Plaintiffs to take manager depositions. SO ORDERED. (Cross Motions due by 10/7/2022., Discovery due by 8/8/2022.) (Signed by Magistrate Judge Stewart D. Aaron on 7/7/2022) (kl) (Main Document 63 replaced on 7/8/2022) (kl).
July 5, 2022 Opinion or Order Filing 62 JOINT LETTER MOTION for Extension of Time to Complete Discovery Relating to Class Certification addressed to Magistrate Judge Stewart D. Aaron from Brian D. Murphy dated July 5, 2022. Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC. (Attachments: #1 Exhibit (Proposed Revised Scheduling Order)).(Murphy, Brian)
June 30, 2022 Opinion or Order Filing 61 LETTER REPLY to Response to Motion addressed to Magistrate Judge Stewart D. Aaron from Nathan Piller dated June 30, 2022 re: #58 LETTER MOTION for Conference addressed to Magistrate Judge Stewart D. Aaron from Nathan Piller dated June 27, 2022. . Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw..(Piller, Nathan)
June 30, 2022 Opinion or Order Filing 60 ORDER FOR TELEPHONE CONFERENCE with respect to #58 Motion for Conference re: #58 LETTER MOTION for Conference addressed to Magistrate Judge Stewart D. Aaron from Nathan Piller dated June 27, 2022. The parties are directed to appear for a telephone conference on Thursday, July 7, 2022, at 2:30 p.m. to discuss Plaintiffs' Letter Motion filed at ECF No. 58. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 6/30/2022) (kv)
June 30, 2022 Opinion or Order Filing 59 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Stewart D. Aaron from Brian D. Murphy dated June 30, 2022 re: #58 LETTER MOTION for Conference addressed to Magistrate Judge Stewart D. Aaron from Nathan Piller dated June 27, 2022. . Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC..(Murphy, Brian)
June 30, 2022 Opinion or Order Set/Reset Hearings: Telephone Conference set for 7/7/2022 at 02:30 PM before Magistrate Judge Stewart D. Aaron. (kv)
June 27, 2022 Opinion or Order Filing 58 LETTER MOTION for Conference addressed to Magistrate Judge Stewart D. Aaron from Nathan Piller dated June 27, 2022. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw..(Piller, Nathan)
April 7, 2022 Opinion or Order Filing 57 JOINT LETTER addressed to Magistrate Judge Stewart D. Aaron from Nathan Piller and Brian Murphy dated April 7, 2022 re: Utilization of Expert Witnesses for Class Certification. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw..(Piller, Nathan)
April 4, 2022 Opinion or Order Filing 56 AMENDED ANSWER to #36 Amended Complaint,. Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC..(Murphy, Brian)
February 16, 2022 Opinion or Order Filing 55 JOINT LETTER addressed to Judge Analisa Torres from Nathan Piller and Brian Murphy dated February 16, 2022 re: Citizenship of Defendant Swift Transportation Co. of Arizona, LLC. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw..(Piller, Nathan)
February 9, 2022 Opinion or Order Filing 54 AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Particular Motion: Contemplated motion for class certification and motion to deny class certification. ECF No. 50. Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Analisa Torres on 2/9/2022) (kv)
February 9, 2022 Opinion or Order Filing 53 SCHEDULING ORDER: Following a telephone conference with the parties on February 7, 2022, it is hereby Ordered as follows: 1. No later than February 21, 2022, the parties shall meet and confer and file a declaration setting forth the members of Swift Transportation Co. of Arizona, LLC at the time this action was commenced and the citizenship of such members. 2. The deadline to file an amended pleading or add additional parties is April 8, 2022. 3. No later than April 8, 2022, the parties shall file a joint letter indicating whether either side intends to utilize an expert in conjunction with their motion regarding class certification and, if so, setting forth the nature of the expert's testimony. If either side intends to use an expert, the parties also shall propose, if necessary, an amended schedule for the deadlines set forth in paragraphs 4 and 5 below. 4. The deadline for the completion of all discovery regarding issues pertaining to class certification is July 7, 2022. 5. The parties shall file their anticipated cross-motions regarding class certification no later than September 7, 2022. On the same date, the parties shall file a proposed schedule for the remainder of the briefing on the parties' cross-motions. SO ORDERED. Amended Pleadings due by 4/8/2022. Joinder of Parties due by 4/8/2022. Cross Motions due by 9/7/2022. Discovery due by 7/7/2022. (Signed by Magistrate Judge Stewart D. Aaron on 2/9/2022) (tg) Modified on 2/11/2022 (tg).
February 7, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 2/7/2022. (kl)
February 1, 2022 Opinion or Order Filing 52 ORDER FOR TELEPHONE CONFERENCE: The parties are directed to appear for a telephone conference on Monday, February 7, 2022, at 12:00 p.m. to discuss the status of this action. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. SO ORDERED. (Telephone Conference set for 2/7/2022 at 12:00 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 2/1/2022) (js)
January 31, 2022 Opinion or Order Filing 51 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Stewart D. Aaron. SO ORDERED. (Signed by Judge Analisa Torres on 1/31/2022) (ama)
January 28, 2022 Opinion or Order Filing 50 PROPOSED CASE MANAGEMENT PLAN. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw..(Piller, Nathan)
January 28, 2022 Opinion or Order Filing 49 JOINT LETTER addressed to Judge Analisa Torres from Nathan Piller and Brian Murphy dated January 28, 2022 re: Whether Parties Wish to Proceed with the District's Mediation Program. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw..(Piller, Nathan)
January 26, 2022 Opinion or Order Filing 48 ANSWER to #36 Amended Complaint,. Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC..(Murphy, Brian)
January 14, 2022 Opinion or Order Filing 47 ORDER: On January 12, 2022, the Court denied Defendants' motions to dismiss and motion to strike class allegations. ECF No. 46. Accordingly, by January 28, 2022, the parties shall submit a joint letter informing the Court if they wish to proceed with the District's Mediation Program and a jointly proposed case management plan. The parties are directed to consult the Court's Individual Practices and model Case Management Plan and Scheduling Order, which are available at https://nysd.uscourts.gov/hon-analisa-torres. SO ORDERED. (Signed by Judge Analisa Torres on 1/14/2022) (ama)
January 12, 2022 Opinion or Order Filing 46 ORDER denying #40 Motion to Dismiss. For the foregoing reasons, Defendants' motions are DENIED. The Clerk of Court is directed to terminate the pending motions at ECF No. 40. SO ORDERED.. (Signed by Judge Analisa Torres on 1/12/2022) (kv)
July 22, 2021 Opinion or Order Filing 45 REPLY MEMORANDUM OF LAW in Support re: #40 MOTION to Dismiss and to Strike Class Definitions and Allegations. . Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC. (Attachments: #1 Affidavit Murphy Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F).(Murphy, Brian)
July 8, 2021 Opinion or Order Filing 44 RESPONSE in Opposition to Motion re: #40 MOTION to Dismiss and to Strike Class Definitions and Allegations. . Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw. (Attachments: #1 Declaration of Nathan B. Piller).(Piller, Nathan)
June 24, 2021 Opinion or Order Filing 43 ORDER re: #41 Letter, filed by Tavares Hobbs, Robert Shaw, Ricardo Bell. Accordingly, the conference scheduled for June 29, 2021, is ADJOURNED sine die pending resolution of Defendants' motion to dismiss and strike, ECF No. 40. SO ORDERED. (Signed by Judge Analisa Torres on 6/24/2021) (kv)
June 22, 2021 Opinion or Order Filing 42 PROPOSED CASE MANAGEMENT PLAN. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw..(Piller, Nathan)
June 22, 2021 Opinion or Order Filing 41 JOINT LETTER addressed to Judge Analisa Torres from Nathan Piller and Brian Murphy dated June 22, 2021 re: Updated Joint Letter Pursuant to Initial Pretrial Conference Order. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw..(Piller, Nathan)
June 17, 2021 Opinion or Order Filing 40 MOTION to Dismiss and to Strike Class Definitions and Allegations. Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC. Responses due by 7/8/2021 (Attachments: #1 Affidavit Brian Murphy, #2 Exhibit A, #3 Memorandum of Law).(Murphy, Brian)
May 27, 2021 Opinion or Order Filing 38 ORDER granting #37 Letter Motion to Continue. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 5/27/2021) (kv) Transmission to Mediation Clerk for processing.
May 24, 2021 Opinion or Order Filing 37 LETTER MOTION to Continue Mediation Program Referral addressed to Judge Analisa Torres from Brian D. Murphy dated May 24, 2021. Document filed by Knight-Swift Transportation Holdings, Inc., Swift Transportation Co. of Arizona, LLC..(Murphy, Brian)
May 19, 2021 Opinion or Order Filing 36 SECOND AMENDED COMPLAINT amending #13 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: #13 Amended Complaint,..(Piller, Nathan)
May 18, 2021 Opinion or Order Filing 35 ORDER GRANTING PLAINTIFFS' LETTER MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT granting #34 Letter Motion for Leave to File Document. IT IS HEREBY ORDERED that Plaintiffs' Letter Motion for Leave to File Second Amended Complaint is hereby GRANTED. Plaintiffs shall re-file their Second Amended Complaint no later than May 25, 2021. SO ORDERED. (Signed by Judge Analisa Torres on 5/18/2021) (kv)
May 18, 2021 Opinion or Order Set/Reset Deadlines: Amended Pleadings due by 5/25/2021. (kv)
May 17, 2021 Opinion or Order Filing 34 LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Analisa Torres from Nathan Piller dated May 17, 2021. Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw. (Attachments: #1 Proposed Order).(Piller, Nathan)
May 17, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Nathan Bunnell Piller to RE-FILE re: Document No. #33 Second Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF attached is not the pleading; the pleading was filed incorrectly after the due date, therefore new Court's leave must be granted. Re-file the pleading using the event type Second 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. 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) Modified on 5/17/2021 (jgo).
May 14, 2021 Opinion or Order Filing 33 FILING ERROR - PDF ERROR - SECOND AMENDED COMPLAINT amending #32 Amended Complaint, #13 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: #32 Amended Complaint, #13 Amended Complaint,. (Attachments: #1 Exhibit 1, #2 2).(Piller, Nathan) Modified on 5/17/2021 (jgo).
May 14, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Nathan Bunnell Piller to RE-FILE Document No. #32 Second Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Second 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. (vf)
May 13, 2021 Opinion or Order Filing 32 FILING ERROR - DEFICIENT PLEADING -PDF ERROR- FILED AGAINST PARTY ERROR -SECOND AMENDED COMPLAINT amending #13 Amended Complaint, against Tavares Hobbs, Robert Shaw, Ricardo Bell with JURY DEMAND.Document filed by Tavares Hobbs, Robert Shaw, Ricardo Bell. Related document: #13 Amended Complaint,. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Piller, Nathan) Modified on 5/14/2021 (vf).
May 5, 2021 Opinion or Order Filing 31 NOTICE OF APPEARANCE by Nathan Bunnell Piller on behalf of Ricardo Bell, Tavares Hobbs, Robert Shaw..(Piller, Nathan)
May 5, 2021 Opinion or Order Filing 30 NOTICE OF APPEARANCE by Joshua G. Konecky on behalf of Ricardo Bell, Tavares Hobbs, Robert Shaw..(Konecky, Joshua)
May 5, 2021 Opinion or Order Filing 29 ORDER granting #27 Motion for Nathan B. Piller to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (if)
May 5, 2021 Opinion or Order Filing 28 ORDER granting #26 Motion for Joshua Geoffrey Konecky to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (if)
May 4, 2021 Opinion or Order Filing 27 MOTION for Nathan B. Piller to Appear Pro Hac Vice . 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)
May 4, 2021 Opinion or Order Filing 26 MOTION for Joshua Geoffrey Konecky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24490841. 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)
May 4, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Nathan B. Piller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., #26 MOTION for Joshua Geoffrey Konecky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24490841. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
April 29, 2021 Opinion or Order Filing 25 ORDER re: #24 Letter, filed by Tavares Hobbs, Robert Shaw, Ricardo Bell. The Court has reviewed the parties' pre-motion letters dated April 16 and 23, 2021, ECF Nos. 23- 24. Accordingly, 1. Defendants' request for leave to file a motion to strike and/or to dismiss is GRANTED; 2. By May 13, 2021, Plaintiffs shall amend their complaint, if they wish; 3. By June 17, 2021, Defendants shall file their motion to strike and/or to dismiss, if they still wish upon review of the amended complaint; 4. By July 8, 2021, Plaintiffs shall file their opposition papers; 5. By July 22, 2021, Defendants shall file their reply, if any. SO ORDERED. Amended Pleadings due by 5/13/2021., Motions due by 6/17/2021., Responses due by 7/8/2021, Replies due by 7/22/2021.) (Signed by Judge Analisa Torres on 4/29/2021) (kv)
April 27, 2021 Opinion or Order NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/27/2021.(ah)
April 23, 2021 Opinion or Order Filing 24 LETTER addressed to Judge Analisa Torres from John J. Nestico dated April 23, 2021 re: Pre-Motion Letter in Response Defendants' Pre-Motion Letter of April 16, 2021 (Docket No. 23). Document filed by Ricardo Bell, Tavares Hobbs, Robert Shaw..(Nestico, John)
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 ***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 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 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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Search for this case: Hobbs et al v. Knight-Swift Transportation Holdings, Inc. et al
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Plaintiff: Tavares Hobbs
Represented By: John Joseph Nestico
Represented By: Joshua G. Konecky
Represented By: Nathan Bunnell Piller
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Plaintiff: Ricardo Bell
Represented By: John Joseph Nestico
Represented By: Joshua G. Konecky
Represented By: Nathan Bunnell Piller
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Plaintiff: Robert Shaw
Represented By: John Joseph Nestico
Represented By: Joshua G. Konecky
Represented By: Nathan Bunnell Piller
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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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