Philpot v. Drivo LLC et al
| Krisha Philpot |
| Drivo LLC and John Doe |
| 1:2022cv01564 |
| February 24, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Motor Vehicle |
| 28 U.S.C. § 1332 pi Diversity-Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on April 20, 2022. A more recent docket listing may be available from PACER.
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of Bronx. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1ZE22E533710055057 on 4/20/2022. (tg) |
Filing 15
STIPULATION TO REMAND FROM FEDERAL TO STATE COURT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for Plaintiff, KRISHA PHILPOT, the attorneys of record for Defendant DRIVO LLC, that the above-entitled matter be remanded to the Supreme Court of New York, County of Bronx. IT IS FURTHER HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for Plaintiff and Defendant, that each party shall bear his/her/its own attorneys' fees and costs with respect to the removal and subsequent remand of the action pursuant to this Stipulation and Order. IT IS FURTHER HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for Plaintiff and Defendant, that all pending deadlines and hearings in this case should be taken off the Courts calendar. The Clerk of Court is respectfully directed to terminate all open motions and close this case. (Signed by Judge Valerie E. Caproni on 4/19/2022) (tg) Transmission to Docket Assistant Clerk for processing.
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| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by Drivo LLC..(Zimmerman, Kevin) |
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Filing 13
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). Fact Discovery due by 7/20/2022. All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than 9/6/2022. This case is to be tried to a jury. Pretrial Conference set for 7/22/2022 at 10:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/18/2022) (rro)
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Filing 12
MEMO ENDORSEMENT on re: #10 Letter filed by Drivo LLC. ENDORSEMENT: Pursuant to the Court's order at Docket 9, the Initial Pre-Trial Conference has already been adjourned sine die, and the parties have been ordered to file a separate update regarding the status of their pending stipulation not later than Tuesday, April 19, 2022. The deadline for that update remains in effect. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/18/2022) (rro)
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| Filing 11 PROPOSED CASE MANAGEMENT PLAN. Document filed by Drivo LLC..(Zimmerman, Kevin) |
| Filing 10 LETTER addressed to Judge Valerie E. Caproni from Kevin Zimmerman dated 04/18/2022 re: Initial Planning Conference. Document filed by Drivo LLC..(Zimmerman, Kevin) |
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Filing 9
MEMO ENDORSEMENT: on re: #8 Letter filed by Drivo LLC. ENDORSEMENT: The Initial Pre-Trial Conference currently scheduled for Friday, April 22, 2022 at 3:00 p.m. is hereby ADJOURNED sine die. The Court's order at Docket 5 clearly directs the parties to address in their joint letter: "(1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s); (2) any contemplated motions; (3) the basis for subject matter jurisdiction; and (4) the prospect for settlement." See Order, Dkt. 5 at 2. The order also directs the parties to inform the Court "whether they believe a Rule 16 conference is unnecessary[.]" ld. at 1. The Court notes that the parties have not met a single Court-ordered requirement in their joint letter, on top of filing the letter after the Court-ordered deadline. The parties are ordered to file an update regarding the status of their pending stipulation not later than Tuesday, April 19, 2022. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/15/2022) (ama)
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| Filing 8 LETTER addressed to Judge Valerie E. Caproni from Kevin Zimmerman dated April 15, 2022 re: Joint status letter. Document filed by Drivo LLC..(Zimmerman, Kevin) |
| Filing 7 DEMAND for Trial by Jury. Document filed by Drivo LLC.(Zimmerman, Kevin) |
| Filing 6 ANSWER to Complaint. Document filed by Drivo LLC..(Zimmerman, Kevin) |
| Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 1564. Initial Conference set for 4/22/2022 at 03:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 2/25/2022) (tg) |
| Filing 4 CIVIL COVER SHEET filed..(Zimmerman, Kevin) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Kevin Michael Zimmerman to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): civil cover sheet was not signed. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kevin Michael Zimmerman. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(pc) |
| 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Drivo LLC..(Zimmerman, Kevin) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Zimmerman, Kevin) Modified on 2/25/2022 (pc). |
| Filing 1 NOTICE OF REMOVAL from Supreme, County of Bronx. Case Number: 812980/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25778739).Document filed by Drivo LLC. (Attachments: #1 Exhibit State Court Complaint).(Zimmerman, Kevin) |
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