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 January 19, 2023. A more recent docket listing may be available from PACER.
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| Filing 39 MEMO ENDORSEMENT: on re: #38 Letter filed by Julson Fabien. ENDORSEMENT: Application GRANTED. The parties shall file another joint letter apprising the Court of the status of settlement discussions by December 19, 2022. (Signed by Judge Lorna G. Schofield on 11/21/2022) (ama) |
| Filing 38 THIRD LETTER addressed to Judge Lorna G. Schofield from Sean L Sasso, Esq. dated 11/16/2022 re: status letter. Document filed by Julson Fabien..(Sasso, Sean) |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 11/14/2022. Mediation Status due by 12/14/2022. (mnp) |
| SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 11/14/2022 at 02:00 PM in telephone or video conference.(mnp) |
| MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 11/11/2022 was not held. Mediation Status due by 11/25/2022.(mnp) |
| Filing 37 LETTER addressed to Judge Lorna G. Schofield from Sean Sasso dated 11/10/2022 re: Mediation. Document filed by Julson Fabien..(Sasso, Sean) |
Filing 36
ORDER: It is hereby ORDERED that, at the conclusion of the November 11, 2022, mediation conference, the parties shall file a joint letter apprising the Court of the status of mediation. It is further ORDERED, that if Plaintiff plans to file a motion for summary judgment, he shall file a proposed briefing schedule by November 18, 2022. (Signed by Judge Lorna G. Schofield on 9/15/2022) (vfr)
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 9/14/2022. (jcs) |
| SUBSEQUENT MEDIATION CONFERENCE. Mediation Conference scheduled for 11/11/2022 at 10:00 AM in telephone or video conference.(mnp) |
| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 9/8/2022. Mediation Status due by 10/11/2022. (mnp) |
| Filing 35 FIRST LETTER addressed to Judge Lorna G. Schofield from Daniel D. Wang dated September 5, 2022 re: PRE MOTION LETTER. Document filed by Atlas Van Lines, Inc...(Wang, Daniel) |
| Filing 34 SECOND LETTER addressed to Judge Lorna G. Schofield from Sean L Sasso, Esq. dated 08/29/2022 re: pre-motion letter. Document filed by Julson Fabien..(Sasso, Sean) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Sean Sasso to RE-FILE Document #33 SECOND MOTION for Summary Judgment Pre Motion Letter.. Use the event type Other Filings - Other Documents found under the event list LETTER. (kj) |
| Filing 33 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND MOTION for Summary Judgment Pre Motion Letter. Document filed by Julson Fabien. Responses due by 9/5/2022 Return Date set for 9/14/2022 at 04:00 PM..(Sasso, Sean) Modified on 8/30/2022 (kj). |
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Filing 32
ORDER denying without prejudice to renewal by formal motion #31 Letter Motion for Discovery. Application DENIED without prejudice to renewal. Plaintiff's pre-motion letter is not in compliance with Individual Rule III.A.1, which requires the party to identify all of the issues in dispute and explain the legal and other grounds for the motion. Plaintiff shall file a pre-motion letter in compliance, not to exceed three pages, by August 29, 2022. Defendants shall file a responsive letter, not to exceed three pages, by September 5, 2022. The pre-motion conference scheduled for September 8, 2022, is adjourned to September 14, 2022, at 4:00 P.M. At that time, the parties shall call 888-363-4749 and use the access code 558-3333. So Ordered. (Signed by Judge Lorna G. Schofield on 8/23/22) (yv)
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| Set/Reset Hearings: Telephone Conference set for 9/14/2022 at 04:00 PM before Judge Lorna G. Schofield. (yv) |
| Filing 31 FIRST LETTER MOTION for Discovery addressed to Judge Lorna G. Schofield from Sean L Sasso, Esq. dated 08/22/2022. Document filed by Julson Fabien. Return Date set for 9/8/2022 at 10:00 AM..(Sasso, Sean) |
| FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 9/8/2022 at 10:00 AM in telephone or video conference.(ah) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator.(ah) |
| Filing 30 MEMO ENDORSEMENT on re: #29 Letter filed by Julson Fabien. ENDORSEMENT: Application GRANTED. The deadline for the mediation to take place is extended to September 16, 2022. The deadlines in the Case Management Plan remain in effect. If the parties seek an adjournment, that shall state what has been accomplished and what specific discovery remains. (Signed by Judge Lorna G. Schofield on 8/12/2022) (mml) Transmission to Mediation Clerk for processing. |
| Filing 29 FIRST LETTER addressed to Judge Lorna G. Schofield from Sean L. Sasso., Esq. dated 08/08/2022 re: Letter-request to adjourn Mediation. Document filed by Julson Fabien..(Sasso, Sean) |
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Filing 28
ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program to take place by August 26, 2022. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. To the extent possible, the Mediation Program is directed to appoint a mediator with expertise in personal injury actions. It is hereby ORDERED that this case is referred to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 and the Mediation Program Procedures shall govern the mediation. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. 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 8/18/2022. (Signed by Judge Lorna G. Schofield on 8/8/2022) (mml)
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| Filing 27 MEMO ENDORSEMENT on re: #26 Letter filed by Julson Fabien. ENDORSEMENT: Application GRANTED. Referral to the court's mediation program will issue separately. (Signed by Judge Lorna G. Schofield on 8/8/2022) (mml) |
| 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) |
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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) |
| 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) |
| 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 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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