Garcia v. Korzeniewski et al
| Jacqueline Garcia |
| Stanislaw Korzeniewski, Pan Am Transport, Inc., Bulls Eye Expedition, Inc. and Pan-Am Transport I Inc. |
| 1:2021cv06412 |
| July 28, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Both |
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This docket was last retrieved on November 5, 2021. A more recent docket listing may be available from PACER.
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Filing 29
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. Motions due by 10/30/2021. Deposition due by 1/30/2022. Fact Discovery due by 11/30/2021. Expert Discovery due by 1/30/2022. This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 5 days. Pretrial Conference set for 12/7/2021 at 02:45 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. The initial pretrial conference currently scheduled for September 27, 2021, see ECF No. 19, is hereby canceled. The parties have indicated that they consent to conducting all further proceeding before a U.S. Magistrate Judge. If the parties do so consent, they should submit to the Court a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge, available at https://www.nysd.uscourts.gov/forms/consent-proceed-us-magistrate-judge. If either party does not so consent, the parties need not take any action and the case will proceed before the undersigned. Separate and apart from the foregoing, in light of the parties' joint letter stating that they are amenable to a settlement conference, see ECF No. 27-1, at 3, the Court will refer this case, by separate Order to be entered today, to Magistrate Judge Wang for a settlement conference to take place in November or December. Finally, the parties should note the date of the next pretrial conference on the previous page. So Ordered. (Signed by Judge Jesse M. Furman on 9/24/21) (yv)
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Filing 28
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Ona T. Wang. The parties are directed to contact the Chambers of Magistrate Judge Wang no later than October 18, 2021, to schedule a settlement conference to take place no later than November or December 2021. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/24/2021) (tg)
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| Filing 27 PROPOSED CASE MANAGEMENT PLAN. Document filed by Jacqueline Garcia. (Attachments: #1 Exhibit Joint status letter).(Vakarev, Peter) |
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Filing 26
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY, In light of the substitution, the Clerk of Court is directed to terminate Eric Lawrence Horn as counsel. The substitution of attorney is hereby approved and SO ORDERED. Attorney Eric Lawrence Horn terminated. (Signed by Judge Jesse M. Furman on 9/21/2021) (kv)
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Filing 25
ORDER. In light of the COVID-19 situation, the Court will not hold the upcoming conference in this case in person. Counsel should submit their proposed case management plan and joint letter by the Thursday prior to the conference, as directed in the Court's earlier Scheduling Order. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/20/21) (yv)
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| Filing 24 NOTICE of Substitution of Attorney. Old Attorney: Eric Horn, New Attorney: Peter Vakarev, Address: Law Offices of Aleksandr Vakarev, 2566 86th Street, Suite 1, Brooklyn, NY, United States 11214, 7183680690. Document filed by Jacqueline Garcia..(Vakarev, Peter) |
| Filing 23 NOTICE OF APPEARANCE by Peter Vakarev on behalf of Jacqueline Garcia..(Vakarev, Peter) |
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Filing 22
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY, The substitution of attorney is hereby approved and so ORDERED. In light of the substitution, the Clerk of Court is directed to terminate Nick Migliaccio as counsel. (Signed by Judge Jesse M. Furman on 9/9/21) (yv)
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Filing 21
MEMO ENDORSEMENT on re: #17 Notice of Substitution of Attorney, filed by Stanislaw Korzeniewski, Bulls Eye Expedition, Inc., Pan-Am Transport I Inc. ENDORSEMENT:In light of the substitution, the Clerk of Court is directed to terminate Nick Migliaccio as counsel. So Ordered Attorney Nick Migliaccio terminated. (Signed by Judge Jesse M. Furman on 9/9/2021) (js)
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Filing 20
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY, The substitution of attorney is hereby approved and so ORDERED. In light of the substitution, the Clerk of Court is directed to terminate Nick Migliaccio as counsel. (Attorney Nick Migliaccio terminated.) (Signed by Judge Jesse M. Furman on 9/9/21) (yv)
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Filing 19
ORDER granting #15 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference currently scheduled for September 14, 2021, is ADJOURNED to September 27, 2021, at 3:45 p.m. The parties shall file their joint letter and proposed Case Management Plan by September 23, 2021. See ECF Nos. 4, 14. The Clerk of Court is directed to terminate ECF No. 15. SO ORDERED. Initial Conference set for 9/27/2021 at 03:45 PM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 9/9/2021) (vfr)
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| Filing 18 ANSWER to #13 Amended Complaint, with JURY DEMAND. Document filed by Bulls Eye Expedition, Inc., Stanislaw Korzeniewski, Pan-Am Transport I Inc...(Owens, Susan) |
| Filing 17 NOTICE of Substitution of Attorney. Old Attorney: Thomas Moore, New Attorney: Susan B. Owens, Address: Law Office of James J. Toomey, 485 Lexington Ave, New York, NY, 10281, 9177786635. Document filed by Bulls Eye Expedition, Inc., Stanislaw Korzeniewski, Pan-Am Transport I Inc...(Owens, Susan) |
| Filing 16 NOTICE OF APPEARANCE by Susan Owens on behalf of Bulls Eye Expedition, Inc., Stanislaw Korzeniewski, Pan-Am Transport I Inc...(Owens, Susan) |
| Filing 15 FIRST LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Eric Horn dated September 7, 2021. Document filed by Jacqueline Garcia..(Horn, Eric) |
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Filing 14
ORDER. In light of the COVID-19 situation, the Court will not hold the upcoming conference in this case in person. Counsel should submit their proposed case management plan and joint letter by the Thursday prior to the conference, as directed in the Court's earlier Scheduling Order. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/3/21) (yv)
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Nick Migliaccio. The party information for the following party/parties has been modified: Pan Am Transport, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| Filing 13 FIRST AMENDED COMPLAINT amending #12 Amended Complaint, against Bulls Eye Expedition, Inc., Stanislaw Korzeniewski, Pan Am Transport, Inc. with JURY DEMAND.Document filed by Jacqueline Garcia. Related document: #12 Amended Complaint,. (Attachments: #1 Exhibit Order - 8-12-2021).(Horn, Eric) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eric Lawrence Horn to RE-FILE Document No. #12 Amended Complaint,. The filing is deficient for the following reason(s): the All Defendant radio button was 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. (gp) |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #10 Amended Complaint against All Defendants with JURY DEMAND.Document filed by Jacqueline Garcia. Related document: #10 Amended Complaint. (Attachments: #1 Exhibit Order - 8-12-2021).(Horn, Eric) Modified on 8/19/2021 (gp). |
| Filing 11 DEMAND for Trial by Jury. Document filed by Jacqueline Garcia.(Horn, Eric) |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT against All Defendants with JURY DEMAND.Document filed by Jacqueline Garcia..(Horn, Eric) Modified on 8/19/2021 (gp). |
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Filing 9
ORDER: Accordingly, no later than August 19, 2021, Plaintiff shall file an amended complaint properly alleging the citizenship of each party to this action. If, by that date, Plaintiff does not file an amended complaint establishing this Court's subject-matter jurisdiction, the Court will dismiss the case without prejudice and without further notice to any party. Pursuant to the Court's Order of July 29, 2021, Plaintiff shall also file any response to Defendants' supplemental submission regarding subject-matter jurisdiction no later than August 19, 2021. See ECF No. 5. SO ORDERED. (Amended Pleadings due by 8/19/2021.) (Signed by Judge Jesse M. Furman on 8/12/2021) (rro)
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| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE re: #5 Order to Show Cause,,,. Document filed by Bulls Eye Expedition, Inc., Stanislaw Korzeniewski, Pan Am Transport, Inc.. (Attachments: #1 Exhibit Plaintiff's Response to Defendant's Demand for Request for Supplemental Demand for Relief).(Migliaccio, Nick) |
| Filing 7 NOTICE OF APPEARANCE by Eric Lawrence Horn on behalf of Jacqueline Garcia..(Horn, Eric) |
| Filing 6 AFFIDAVIT OF SERVICE of Order to Show Cause served on Wingate Russotti Shapiro & Halperin, LLP on July 30, 2021. Service was made by E-Mail. Document filed by Bulls Eye Expedition, Inc., Stanislaw Korzeniewski, Pan Am Transport, Inc...(Migliaccio, Nick) |
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Filing 5
ORDER TO SHOW CAUSE: In light of the foregoing, it is hereby ORDERED that Defendants show cause in writing by August 12, 2021, why this case should not be remanded to the Supreme Court of New York, Bronx County. Plaintiff may file a response no later than August 19, 2021. If Defendants fail to show cause or do not file anything by the deadline, the Court will remand the case for lack of subject-matter jurisdiction without further notice to the parties. Finally, Defendants are directed to serve on Plaintiff a copy of this Order, and to file proof of such service on the docket, within two business days of this Order. Counsel for Plaintiff is directed to file a notice of appearance on the docket within two business days of such service. (And as further set forth herein.) SO ORDERED. Show Cause Response due by 8/19/2021. (Signed by Judge Jesse M. Furman on 7/29/2021) (jca)
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| Filing 4 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/14/2021 at 03:45 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 7/29/2021) (kv) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Nick Migliaccio. 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 New York;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(jgo) |
| 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bulls Eye Expedition, Inc., Stanislaw Korzeniewski, Pan Am Transport, Inc...(Migliaccio, Nick) |
| Filing 2 CIVIL COVER SHEET filed..(Migliaccio, Nick) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 808331/2021E. (Filing Fee $ 402.00, Receipt Number ANYSDC-24851860).Document filed by Bulls Eye Expedition, Inc., Pan Am Transport, Inc., Stanislaw Korzeniewski. (Attachments: #1 Exhibit Pleadings).(Migliaccio, Nick) |
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