Simpson v. Mejia-Johnson et al.
| Peter-Richard Anthony Simpson |
| Marquez Mejia Trucking Inc, Marquez Trucking Inc. and Silvia Mejia-Johnson |
| 1:2022cv08067 |
| September 21, 2022 |
| US District Court for the Southern District of New York |
| Robert W Lehrburger |
| Motor Vehicle |
| 28 U.S.C. § 1332 au Diversity-Auto Negligence |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 9, 2022. A more recent docket listing may be available from PACER.
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| Filing 16 NOTICE OF APPEARANCE by Ashley Cohen on behalf of Peter-Richard Anthony Simpson..(Cohen, Ashley) |
| Filing 15 NOTICE OF APPEARANCE by Ashley Cohen on behalf of Peter-Richard Anthony Simpson..(Cohen, Ashley) |
| Filing 14 FIRST LETTER addressed to Magistrate Judge Robert W. Lehrburger from Marjorie Jules dated November 14, 2022 re: Consent to Settlement. Document filed by Marquez Trucking Inc., Silvia Mejia-Johnson..(Jules, Marjorie) |
Filing 13
ORDER: In light of the parties having consented to my jurisdiction for all purposes, the parties shall meet and confer and by November 16, 2022 shall file a letter indicating whether, for purposes of settlement discussions, they still wish to proceed with my involvement in settlement discussions or, instead, prefer either (1) referral to the district's mediation program, or (2) referral to another Magistrate Judge. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/2/2022) (mml)
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Filing 12
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE by Marquez Trucking Inc., Silvia Mejia-Johnson, Peter-Richard Anthony Simpson. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robert W. Lehrburger. IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Signed by Judge Vernon S. Broderick on 10/31/2022).(kv)
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| Filing 11 NOTICE of Notice Consent and Referee. Document filed by Marquez Trucking Inc., Silvia Mejia-Johnson..(Jules, Marjorie) |
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Filing 10
ORDER Accordingly, it is hereby ORDERED that the parties comply with the terms of my October 14, 2022 order, (Doc. 7), by November 1, 2022. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/28/2022) (jca)
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| Filing 9 NOTICE of Hearing: Settlement Conference set for 12/15/2022 at 9:30 AM before Magistrate Judge Robert W. Lehrburger. This conference will be conducted via Microsoft Teams. A link will be emailed, one week prior to the conference. The parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than December 8, 2022, by 5:00 p.m.(rsh) |
| Filing 8 NOTICE of Hearing: Pre-Settlement Telephone Conference set for 11/23/2022 at 9:30 AM before Magistrate Judge Robert W. Lehrburger. The parties are instructed to review and adhere to Judge Lehrburger's Individual Practices and Settlement Conference Procedures. The parties shall call the teleconference line at (888)-398-2342 and enter access code: 9543348.(rsh) |
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Filing 7
ORDER: On October 13, 2022, the parties filed a proposed case management plan. (Doc. 5.) The parties checked the box indicating that they consented "to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c)." (Id. at Paragraph 1.) However, the parties have not submitted the AO 85 Notice, Consent, and Reference of a Dispositive Motion to a Magistrate Judge. If the parties intend to consent to the exercise of jurisdiction by a United States Magistrate Judge, the parties are directed to file the AO 85 form, available at https://www.nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf, on or before October 21, 2022. If the parties do not intend to consent to the exercise of jurisdiction by a United States Magistrate Judge, the parties are directed to file a corrected proposed case management plan and scheduling order, on or before October 21, 2022. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/14/2022) (tg)
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Filing 6
ORDER OF REFERENCE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/13/2022) (ama)
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Filing 5
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Pursuant to Rules 16-26(f) of the Federal Rules of Civil Procedure, the Court hereby adopts the following Case Management Plan and Scheduling Order: All parties consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Deposition due by 5/30/2023. All Fact Discovery due by 2/6/2023. All Expert Discovery due by 5/30/2023. All Discovery due by 6/30/2023. Telephonic Status Conference set for 7/6/2023 at 02:00 PM before Judge Vernon S. Broderick. The parties have conferred and their present best estimate of the length of trial is one week. And as set forth herein. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/13/2022) (ama)
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| Filing 4 PROPOSED CASE MANAGEMENT PLAN. Document filed by Marquez Trucking Inc., Silvia Mejia-Johnson. (Attachments: #1 Supplement Joint Letter to the Court).(Jules, Marjorie) |
| Filing 3 FILING ERROR DEFICIENT PLEADING - PDF ERROR - AMENDED NOTICE OF REMOVAL against Marquez Trucking Inc., SILVIA MEJIA-JOHNSON ; amending #1 Notice of Removal,,.Document filed by Marquez Trucking Inc.. Related document: #1 Notice of Removal,,. (Attachments: #1 Exhibit Rule 7.1 Statement).(Jules, Marjorie) Modified on 9/30/2022 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Marjorie Jules to RE-FILE Document No. #3 Amended Notice of Removal. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct;. Re-file the pleading using the event type Amended 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) |
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Filing 2
ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that, in light of the public health crisis, the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by October 5, 2022, the parties submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs: 1. A brief description of the nature of the action and the principal defenses thereto; As further set forth in this Order. IT IS FURTHER ORDERED that the parties also jointly submit to the Court a proposed case management plan and scheduling order. A template for the order is available at http://nysd.uscourts.gov/judge/Broderick. The status letter and the proposed case management plan should be filed electronically on ECF, consistent with Section 13.1 of the Court's Electronic Case Filing (ECF) Rules & Instructions, available at https://nysd.uscourts.gov/rules/ecf-relatedinstructions. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/23/2022) (ks)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Marjorie Jules re: Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading (Silvia Mejia-Johnson) were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (vf) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Marjorie Jules. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Marjorie Jules. The party information for the following party/parties has been modified: Marquez Mejia Trucking Inc. The information for the party/parties has been modified for the following reason/reasons: party name entered incorrectly. (vf) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(vf) |
| 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. (vf) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 814218/2021E. (Filing Fee $ 402.00, Receipt Number ANYSDC-26711961).Document filed by Marquez Mejia Trucking Inc. (Attachments: #1 Exhibit A- Summons and Complaint, #2 Exhibit B- Answer, #3 Exhibit C- Discovery Demands, #4 Exhibit D- Discovery Responses, #5 Exhibit E- Plaintiff's Bill of Particulars, #6 Exhibit F- Affidavit of Owner, #7 Exhibit G-Affidavit of Driver, #8 Exhibit H- Police Report, #9 Exhibit I- Affidavit of Process Server).(Jules, Marjorie) |
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