Fabien v. Atlas Van Lines, Inc. et al
| Julson Fabien and Weldon Sheib |
| Atlas Van Lines, Inc. |
| 1:2021cv07178 |
| August 25, 2021 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Motor Vehicle |
| 28 U.S.C. § 1441 mv Removal- Motor Vehicle |
| None |
Docket Report
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This docket was last retrieved on August 4, 2022. A more recent docket listing may be available from PACER.
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| Filing 26 SECOND LETTER addressed to Judge Lorna G. Schofield from Sean Sasso, Esq. dated 08/04/2022 re: Joint Status Letter. Document filed by Julson Fabien..(Sasso, Sean) |
Filing 25
ORDER: It is hereby ORDERED that, by August 4, 2022, the parties shall file the status letter. (Signed by Judge Lorna G. Schofield on 8/2/2022) (mml)
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| Filing 24 FIRST LETTER addressed to Judge Lorna G. Schofield from Daniel D. Wang dated June 15, 2022 re: Joint letter to court re Status of Settlement Negotiation. Document filed by Atlas Van Lines, Inc...(Wang, Daniel) |
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Filing 23
SECOND AMENDED 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. See 28 U.S.C. Section 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Settlement discussions have not taken place. No additional parties may be joined after close of discovery without leave of Court. Amended pleadings may be filed without leave of Court until Close of Discovery. Expert depositions due 5/1/2022. This case is to be tried to a jury. Estimate length of trial is 2-3 weeks. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Rule III.A.I. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. Deposition due by 5/1/2022. Fact Discovery due by 7/15/2022. Expert Discovery due by 8/15/2022. Telephone Conference set for 9/8/2022 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 5/9/2022) (tg)
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| Filing 22 MEMO ENDORSEMENT on re: #21 Letter filed by Julson Fabien. ENDORSEMENT: Application granted. A separate second amended case management plan will issue. No further extensions will be granted absent extraordinary circumstances. (Signed by Judge Lorna G. Schofield on 5/9/2022) (tg) |
| Filing 21 JOINT LETTER addressed to Judge Lorna G. Schofield from Sean L Sasso, Esq. dated 05/06/2022 re: Discovery/ Status Letter. Document filed by Julson Fabien..(Sasso, Sean) |
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Filing 20
ORDER: It is hereby ORDERED that, by May 6, 2022, the parties shall file the status letter. (Signed by Judge Lorna G. Schofield on 5/3/2022) (tg)
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| Filing 19 RESPONSE to Discovery Request from Daniel Wang.Document filed by Atlas Van Lines, Inc., Weldon Sheib..(Wang, Daniel) |
| Filing 18 LETTER addressed to Judge Lorna G. Schofield from Daniel D. Wang dated January 27, 2022 re: Joint Status Letter as per the Court's Order dated December 3, 2021. Document filed by Atlas Van Lines, Inc., Weldon Sheib..(Wang, Daniel) |
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Filing 17
MEMO ENDORSEMENT on re: #15 Letter filed by Weldon Sheib, Atlas Van Lines, Inc. ENDORSEMENT: Application GRANTED. A separate amended civil case management and scheduling order will issue. The parties shall file a joint status letter by January 27, 2022. So Ordered. (Signed by Judge Lorna G. Schofield on 12/3/2021) (mml)
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Filing 16
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United Stales Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). 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 2-3 weeks. 1. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the fonn provided in the Court's Individual Rule III.A. 1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9{b)-(c) and 13(a)-(c} into the Court's calendar. Deposition due by 5/1/2022. Fact Discovery due by 6/1/2022. Expert Discovery due by 7/15/2022. Telephone Conference set for 7/28/2022 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 12/3/2021) (mml)
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| Filing 15 LETTER addressed to Judge Lorna G. Schofield from Daniel D. Wang dated November 29, 2021 re: Joint Letter to Court re extension of deadlines. Document filed by Atlas Van Lines, Inc., Weldon Sheib..(Wang, Daniel) |
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Filing 14
ORDER: It is hereby ORDERED that the October 28, 2021, initial pretrial conference is CANCELLED. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendants seek to file a motion to dismiss, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 10/22/2021) (mml)
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Filing 13
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c}. The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Settlement discussions have not taken place. No additional parties may be joined after Close of Discovery without leave of Court. Amended pleadings may be filed without leave of Court until Close of Discovery. 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 2-3 weeks. By December 21, 2021, the parties shall submit a joint status letter. Deposition due by 2/1/2022. Fact Discovery due by 3/1/2022. Expert Discovery due by 4/15/2022. Pre-Motion Conference set for 4/28/2022 at 10:30 AM before Judge Lorna G. Schofield. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9{b)-(c) and 13(a)-(c} into the Court's calendar. (And as further set forth herein.) SO ORDERED. (Signed by Judge Lorna G. Schofield on 10/22/2021) (jca)
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| Filing 12 PROPOSED CASE MANAGEMENT PLAN. Document filed by Julson Fabien. (Attachments: #1 Supplement Joint Letter).(Sasso, Sean) |
| Filing 11 NOTICE OF APPEARANCE by Sean Louis Sasso on behalf of Julson Fabien..(Sasso, Sean) |
| Filing 10 NOTICE of Notice of an Initial Pre-trial Conference. Document filed by Atlas Van Lines, Inc., Weldon Sheib..(Wang, Daniel) |
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Filing 9
ORDER: Initial Conference set for 10/28/2021 at 10:30 AM before Judge Lorna G. Schofield. The conference will be telephonic. The Court will call the parties at the number provided in the joint letter (discussed below) once the conference is ready to begin. ( As further set forth in this Order.) SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/15/2021) (vfr)
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| Filing 8 ANSWER to Complaint. Document filed by Atlas Van Lines, Inc., Weldon Sheib..(Wang, Daniel) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Atlas World Group, Inc., for Atlas Van Lines, Inc.. Document filed by Atlas Van Lines, Inc., Weldon Sheib..(Wang, Daniel) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Daniel David Wang to RE-FILE Document #3 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
| Filing 6 NOTICE OF REMOVAL from Supreme, County of Bronx. Case Number: NOT INDICATED..Document filed by Weldon Sheib, Atlas Van Lines, Inc.. (Attachments: #1 Exhibit Exhibit A).(Wang, Daniel) |
| Filing 5 NOTICE OF REMOVAL from Supreme, County of Bronx. Case Number: NOT INDICATED..Document filed by Weldon Sheib, Atlas Van Lines, Inc...(Wang, Daniel) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel David Wang. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding); County code Albany;. The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court); the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Daniel David Wang to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel David Wang to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading;. Re-file the pleading using the event type Notice of Removal 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel David Wang. The party information for the following party/parties has been modified: Weldon Sheib. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo) |
| Magistrate Judge Robert W. Lehrburger 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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) |
| Case Designated ECF. (jgo) |
| Filing 4 NOTICE OF APPEARANCE by Daniel David Wang on behalf of Atlas Van Lines, Inc...(Wang, Daniel) |
| Filing 3 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Atlas Van Lines, Inc...(Wang, Daniel) Modified on 8/27/2021 (lb). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Wang, Daniel) Modified on 8/26/2021 (jgo). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 810616/2021E. (Filing Fee $ 402.00, Receipt Number ANYSDC-24982050).Document filed by Julson Fabien, Weldon Sheib. (Attachments: #1 Exhibit a - Summons & Complaint).(Wang, Daniel) Modified on 8/26/2021 (jgo). |
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