Lebron v. Lozovyi et al
| Jesus Lebron |
| Mykola Lozovyi, Sergei Tarasenko, a/k/a Serghei Tarasenco and GL Group Inc. |
| 1:2022cv08027 |
| September 20, 2022 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Motor Vehicle |
| 28 U.S.C. § 1332 nr Diversity: Notice of Removal |
| None |
Docket Report
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Filing 16
MEMO ENDORSEMENT on re: #15 Letter, filed by Mykola Lozovyi, GL Group Inc., Sergei Tarasenko, a/k/a Serghei Tarasenco. ENDORSEMENT: In light of the parties' letter, the Court will reschedule the initial pretrial conference in this case to an earlier date. Accordingly, the January 5, 2023 initial pretrial conference and the December 21, 2022 pre-conference submission deadline in the Court's Order at ECF No. 12 are adjourned. IT IS FURTHER ORDERED that the parties shall appear for an initial pretrial conference with the Court at 10:30 a.m. on December 8, 2022 and file a joint letter and proposed Civil Case Management Plan and Scheduling Order by November 30, 2022. Counsel for the parties are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Federal Rule of Civil Procedure 16 conference. Notwithstanding the new conference date and deadlines in this Order, the parties shall continue to otherwise comply with the Court's Order at ECF No. 12. The parties request for a discovery extension is DENIED as moot. SO ORDERED. (Initial Conference set for 12/8/2022 at 10:30 AM before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 11/18/2022) (jca)
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| Filing 15 LETTER addressed to Judge Jennifer L. Rochon from Richard B. Polner dated 11/17/2022 re: response to 11/16/22 order re: State Discovery Order. Document filed by GL Group Inc., Mykola Lozovyi, Sergei Tarasenko, a/k/a Serghei Tarasenco..(Polner, Richard) |
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Filing 14
ORDER denying #13 FIRST LETTER MOTION for Extension of Time to complete depositions. Application DENIED. Defendants represent in their letter that there is an "initial discovery schedule" in this case that requires depositions be completed by September 21, 2022. This Court has not issued a discovery order and there is no discovery order on the docket. If a state court issued a discovery order, prior to removal of this action to this Court, Defendants were required to file on the docket in this Court "a copy of all process, pleadings, and orders" from the state court action (28 U.S. Code 1446), yet Defendants did not file any state court orders. Moreover, Defendants seek to extend a discovery deadline that Defendants claim passed almost two months ago, yet this Court's Individual Rule 1.F. requires requests for extension of time to be filed before the expiration of the deadline, absent extraordinary circumstances. Defendants are hereby ORDERED to, promptly and no later than November 18, 2022, (1) file a letter clarifying what "initial discovery schedule" they are referring to and confirming that "all process, pleadings, and orders" served on Defendants in the state court action were filed with Defendants' Notice of Removal in this action; (2) filing a copy of the docket sheet from the state court action; and (3) filing anything that was required to be filed, but was not filed, pursuant to 28 U.S. Code 1446. The parties are directed to make any requests for extension of time in accordance with the Court's Individual Rules. The parties are also reminded that the Court has scheduled an initial pretrial conference for January 5, 2023 at 2 p.m. and the parties must comply with their obligations pursuant to the Court's October 21, 2022 Order. See ECF No. 12. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 11/16/2022) (jca)
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| Filing 13 FIRST LETTER MOTION for Extension of Time to complete depositions addressed to Judge Jennifer L. Rochon from Richard B. Polner dated November 16, 2022. Document filed by GL Group Inc., Mykola Lozovyi, Sergei Tarasenko, a/k/a Serghei Tarasenco..(Polner, Richard) |
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Filing 12
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on January 5, 2023 at 2:00 p.m. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Additionally, in accordance with Paragraph 2.D of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than December 21, 2022. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jennifer-l-rochon. The joint letter shall not exceed three (3) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 1/5/2023 at 02:00 PM before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 10/21/22) (yv)
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| Filing 11 FIRST LETTER addressed to Judge Jennifer L. Rochon from Richard B. Polner dated 10/20/2022 re: Diversity. Document filed by GL Group Inc., Mykola Lozovyi, Sergei Tarasenko, a/k/a Serghei Tarasenco. (Attachments: #1 Exhibit S&C, #2 Exhibit Response to Ad Damnum, #3 Exhibit Affidavit of S. Tarasenco, #4 Exhibit Affidavit of M. Lozovyi).(Polner, Richard) |
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Filing 10
ORDER: granting in part #9 Letter Motion for Extension of Time. Request GRANTED in part. The deadline to file the joint letter is hereby extended to October 20, 2022. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/06/2022) (ama)
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| Filing 9 FIRST LETTER MOTION for Extension of Time addressed to Judge Jennifer L. Rochon from Robert Fitch, Esq. dated October 6, 2022. Document filed by Mykola Lozovyi..(Fitch, Robert) |
| Filing 8 ANSWER to Complaint. Document filed by GL Group Inc., Mykola Lozovyi, Sergei Tarasenko, a/k/a Serghei Tarasenco..(Fitch, Robert) |
| Filing 7 NOTICE OF APPEARANCE by Greg Garber on behalf of Jesus Lebron..(Garber, Greg) |
| Filing 6 CERTIFICATE OF SERVICE of Order - served on TT's Atty - G. Greg Garber, Esq. on 9/23/2022. Service was made by Mail. Document filed by GL Group Inc., Mykola Lozovyi, Sergei Tarasenko, a/k/a Serghei Tarasenco..(Polner, Richard) |
| Filing 5 NOTICE OF APPEARANCE by Richard Brian Polner on behalf of GL Group Inc., Mykola Lozovyi, Sergei Tarasenko, a/k/a Serghei Tarasenco..(Polner, Richard) |
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Filing 4
ORDER Accordingly, it is hereby ORDERED that, on or before October 6, 2022, the parties shall file on ECF a joint letter, supported by one or more sworn affidavits, stating the citizenship of the Plaintiff and each of the three Defendants for jurisdictional purposes. If, by that date, the parties are unable to allege a good-faith basis for complete diversity of citizenship, the action will be remanded to the Supreme Court of New York, Bronx County, without further notice to the parties. Finally, Defendants are directed to, within two business days of this Order, serve on Plaintiff a copy of this Order and file proof of such service on the docket. 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. (Signed by Judge Jennifer L. Rochon on 9/22/2022) (jca)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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 Gabriel W. Gorenstein 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 GL Group Inc., Mykola Lozovyi, Sergei Tarasenko, a/k/a Serghei Tarasenco..(Fitch, Robert) |
| Filing 2 CIVIL COVER SHEET filed..(Fitch, Robert) |
| Filing 1 NOTICE OF REMOVAL from Supreme, County of Bronx. Case Number: 806875/2022E. (Filing Fee $ 402.00, Receipt Number ANYSDC-26707064).Document filed by GL Group Inc., Sergei Tarasenko, a/k/a Serghei Tarasenco, Mykola Lozovyi. (Attachments: #1 Exhibit S&C, #2 Exhibit Rsponse to Demand, #3 Affidavit certificate of mailing).(Fitch, Robert) |
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