Ramirez v. Byran Transport LLC et al
Plaintiff: Felix Ramirez
Defendant: Byran Transport LLC, William Jackson and Williams Jackson
Case Number: 1:2021cv05582
Filed: June 28, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Gregory H Woods
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. ยง 1332 nr
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 17, 2021 Opinion or Order Filing 20 ORDER granting in part and denying in part #18 Letter Motion for Extension of Time to Complete Discovery. On December 15, 2021, Defendants file a motion asking the court to "so- order" subpoenas for records and extend the fact and expert discovery deadlines by 60 days. The Court held a conference on December 17, 2021 to discuss Defendants' applications. For the reasons stated on the record during the December 17, 2021 conference, Defendants' motion for the Court to "so-order" those subpoenas is denied. As stated on the record during the conference held on December 17, 2021, Defendants' request for an extension of time to complete discovery, Dkt. No. 18, is granted. The deadline for the completion of al l fact discovery is extended to February 25, 2022. The deadline for the completion of all expert discovery is extended to April 11, 2022. Every party-proponent of a claim (including any counterclaim, cross-claim, or third-party claim) that intends to offer expert testimony in respect of such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by February 25, 2022. Every party-opponent of such claim that intends to offer expert testimony in opposition to such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by March 11, 2022. The deadline for the submission of motions for summary judgment, if any, is extended to May 13, 2022. The status conference scheduled for February 28, 2022 is adjourned to April 27, 2022 at 4:30 p.m. and will be held 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. The joint status letter requested in the case management plan and scheduling order entered on August 31, 2021, Dkt. No. 15, is due no later than April 20, 2022. Except as expressly modified by this order, the case management plan entered by the Court on August 31, 2021, Dkt. No. 15, remains in full force and effect. The Clerk of Court is directed to terminate the motion currently pending at Dkt. No. 18. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/17/2021) (rro)
December 17, 2021 Set/Reset Deadlines: ( Expert Discovery due by 4/11/2022., Fact Discovery due by 2/25/2022., Motions due by 5/13/2022.), Set/Reset Hearings:( Telephone Conference set for 4/27/2022 at 04:30 PM before Judge Gregory H. Woods.) (rro)
December 17, 2021 Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 12/17/2021. (Court Reporter present) (wv)
December 16, 2021 Opinion or Order Filing 19 ORDER. In light of Defendants' December 15, 2021 letter, the Court will hold a teleconference tomorrow, December 17, 2021, at 9:30 a.m. 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. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
December 15, 2021 Filing 18 LETTER MOTION for Extension of Time to Complete Discovery and request for issuance of so ordered subpoenas addressed to Judge Gregory H. Woods from Tomas B. Lim dated December 15, 2021. Document filed by Byran Transport LLC, Williams Jackson. (Attachments: #1 Exhibit Subpoenas - Request to So Order).(Lim, Tomas)
November 26, 2021 Opinion or Order Filing 17 ORDER. On November 24, 2021, counsel for Defendants submitted an application to the Court requesting that it "so order" a number of subpoenas directed to medical providers. Dkt. No. 16. That request is denied without prejudice. The Court declines to "so order" the requested subpoenas. Simply put, Defendants have not made a showing that suggests that a subpoena signed by the Court, rather than a regular subpoena which can be requested and issued without the Court's endorsement, is necessary here. See generally F.R.C.P. 45. Counsel writes that the healthcare providers have "not responded to my requests...." From that, the Court understands that counsel has only made informal requests for the documents, rather than issuing subpoenas demanding their production. The request does not provide sufficient justification for requesting "so ordered" judicial subpoenas in lieu of subpoenas that can be issued without specific Court authorization. Therefore, the application is denied without prejudice. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory)
November 24, 2021 Filing 16 LETTER addressed to Judge Gregory H. Woods from Tomas B. Lim dated November 24, 2021 re: Request for So Ordered Subpoenas. Document filed by Byran Transport LLC, Williams Jackson. (Attachments: #1 Exhibit State Farm Subpoena, #2 Exhibit Additional State Farm Subpoena, #3 Exhibit Metro High Tech Subpoena, #4 Exhibit PDA NY Subpoena, #5 Exhibit Nassau Hospital Subpoena, #6 Exhibit Floral Park Subpoena, #7 Exhibit Medical Care Subpoena, #8 Exhibit GTM Subpoena, #9 Exhibit SSA Subpoena, #10 Exhibit Angel Flooring Subpoena, #11 Exhibit Metro HP Subpoena, #12 Exhibit Additional State Farm Subpoena, #13 Exhibit Autorama Subpoena).(Lim, Tomas)
August 31, 2021 Opinion or Order Filing 15 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedingsbefore a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Fact Discovery due by 12/27/2021. Deposition due by 11/19/2021. Expert Discovery due by 2/10/2022. Motions due by 3/14/2022. The parties accept that this case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 6 days. Status Conference set for 2/28/2022 at 03:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 8/30/2021) (rro)
August 27, 2021 Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 8/27/2021. (Court Reporter present) (wv)
August 24, 2021 Filing 14 NOTICE OF APPEARANCE by Mark Bongiovanni on behalf of Byran Transport LLC, Williams Jackson..(Bongiovanni, Mark)
August 18, 2021 Filing 13 JOINT LETTER addressed to Judge Gregory H. Woods from Tomas B. Lim dated August 18, 2021 re: Joint Status Letter. Document filed by Byran Transport LLC, Williams Jackson..(Lim, Tomas)
August 17, 2021 Filing 12 DEMAND for Trial by Jury. Document filed by Felix Ramirez.(Krigsfeld, Michael)
August 17, 2021 Filing 11 NOTICE OF APPEARANCE by Michael Krigsfeld on behalf of Felix Ramirez..(Krigsfeld, Michael)
August 16, 2021 Opinion or Order Filing 10 ORDER denying #9 Letter Motion to Adjourn Conference. Defendants' request to adjourn the August 27, 2021 conference is denied. The conference is scheduled to take place by telephone; counsel's physical presence in New York City is not required for the conference to proceed when scheduled. The parties are reminded to submit the joint letter and proposed case management plan required by the Court's July 6, 2021 order no later than August 20, 2021. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
August 16, 2021 Filing 9 FIRST LETTER MOTION to Adjourn Conference of August 27, 2021 at 10am addressed to Judge Gregory H. Woods from Tomas B. Lim dated August 16, 2021. Document filed by Byran Transport LLC, Williams Jackson. Return Date set for 8/27/2021 at 10:00 AM..(Lim, Tomas)
July 6, 2021 Filing 8 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/27/2021 at 10:00 AM 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 7/6/2021) (rro)
July 6, 2021 Filing 7 RESPONSE TO ORDER TO SHOW CAUSE re: #6 Order to Show Cause,. Document filed by Byran Transport LLC, Williams Jackson. (Attachments: #1 Exhibit Exhibit A - Declaration).(Lim, Tomas)
June 30, 2021 Opinion or Order Filing 6 ORDER TO SHOW CAUSE: Accordingly, Defendants are hereby ORDERED TO SHOW CAUSE by July 6, 2021 as to why this action should not be remanded for lack of subject matter jurisdiction. So Ordered. (Signed by Judge Gregory H. Woods on 6/30/2021) (js)
June 30, 2021 Filing 5 NOTICE OF APPEARANCE by Alex Yadgarov on behalf of Felix Ramirez..(Yadgarov, Alex)
June 29, 2021 Filing 4 FIRST LETTER addressed to Judge Gregory H. Woods from Tomas B. Lim dated 6/29/21 re: County Code Clarification. Document filed by Byran Transport LLC, Williams Jackson..(Lim, Tomas)
June 29, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Tomas Blaquera Lim. The following case opening statistical information was erroneously selected/entered: County code Bronx. The following correction(s) have been made to your case entry: the County code has been modified to Kings. (vf)
June 29, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tomas Blaquera Lim. The party information for the following party/parties has been modified: William Jackson; Felix Ramirez. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly. (vf)
June 29, 2021 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..(vf)
June 29, 2021 Case Designated ECF. (vf)
June 29, 2021 Magistrate Judge Ona T. Wang 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. (vf)
June 28, 2021 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Byran Transport LLC..(Lim, Tomas)
June 28, 2021 Filing 2 CIVIL COVER SHEET filed..(Lim, Tomas)
June 28, 2021 Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 806448/2021E. (Filing Fee $ 402.00, Receipt Number ANYSDC-24724151).Document filed by Williams Jackson, Byran Transport LLC. (Attachments: #1 Supplement Notice of Removal, #2 Exhibit Exhibit A - Summons and Complaint, #3 Exhibit Exhibit B - AOS - Byran Transport, #4 Exhibit Exhibit C - AOS - William Jackson, #5 Exhibit Exhibit D - Defendants State Court Answers/Demands, #6 Exhibit Exhibit E - Adverse Party Notice, #7 Exhibit Exhibit F - State Court Notice, #8 Affidavit AOS - Notice of Removal - cc to plaintiff's attorney).(Lim, Tomas)

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Defendant: Byran Transport LLC
Represented By: Tomas Blaquera Lim
Represented By: Mark Bongiovanni
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Defendant: William Jackson
Represented By: Tomas Blaquera Lim
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Defendant: Williams Jackson
Represented By: Mark Bongiovanni
Represented By: Tomas Blaquera Lim
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Plaintiff: Felix Ramirez
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