Ortiz et al v. Mouton & Brown Trucking LLC et al
| antonio ortiz and jesus vasquez |
| Mouton & Brown Trucking LLC, Alberto Morales Bueno and Serghei Grama |
| 1:2022cv08609 |
| October 10, 2022 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| Paul G Gardephe |
| Motor Vehicle |
| 28 U.S.C. § 1446 mv Notice of Removal - Motor Vehicle |
| None |
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| Filing 17 FIRST SET OF INTERROGATORIES to Mouton & Brown Trucking LLC and Alberto Morales Bueno.Document filed by Antonio Ortiz..(Kimmelman, Michael) |
Filing 16
SETTLEMENT CONFERENCE SCHEDULING ORDER: A settlement conference before Judge Cave is scheduled for Monday, February 6, 2023 at 2:00 p.m. and will take place in person, in Courtroom 18A, 500 Pearl Street, New York, New York, as further set forth herein. Settlement Conference set for 2/6/2023 at 02:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 11/22/2022) (mml)
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| Filing 15 FIRST LETTER addressed to Magistrate Judge Sarah L. Cave from Matthew D. Goodstein, Esq. dated 11/22/2022 re: Requesting a settlement conference. Document filed by Jesus Vasquez..(Goodstein, Matthew) |
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Filing 14
ORDER granting #12 Letter Motion to Adjourn Conference. Defendants' letter-motion seeking to adjourn the initial case management conference set for Tuesday, November 22, 2022 at 4:30 p.m. (the "Conference") (ECF No. 12) is GRANTED, and the Conference is ADJOURNED sine die. An order endorsing the proposed case management plan is forthcoming. The Clerk of Court is respectfully directed to close ECF No. 12. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/16/2022) (tg)
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Filing 13
REPORT OF RULE 26(f) CONFERENCE AND CASE MANAGEMENT PLAN: In accordance with Federal Rule of Civil Procedure 26(f) and Judge Cave's Individual Practices, the parties met on November 2 2022 (at least one week before the Initial Case Management Conference) and exchanged communications thereafter. The parties now submit the following report for the Court's consideration: As further set forth by this Order. Last date to amend any pleading pursuant to Fed. R. Civ. P. 15(a) is May 1, 2023. The parties have discussed the possibility of settlement. The parties do not consent to a trial before a Magistrate Judge at this time. The parties request a jury trial. By Thursday, December 15, 2022, the parties shall file a joint status letter advising the Court whether they are interested in a settlement conference with the Court, or alternatively, a referral to the mediation program. A telephonic status conference is scheduled for February 3, 2023 at 2:30 p.m. on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. Amended Pleadings due by 5/1/2023. Deposition due by 3/31/2023. Fact Discovery due by 5/31/2023. Expert Discovery due by 9/15/2023. Estimate length of trial 10 days. Telephone Conference set for 2/3/2023 at 02:30 PM before Magistrate Judge Sarah L Cave. Ready for Trial by 11/15/2023. (Signed by Magistrate Judge Sarah L Cave on 11/16/2022) (tg)
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| Filing 12 FIRST LETTER MOTION to Adjourn Conference on Consent addressed to Magistrate Judge Sarah L. Cave from Matthew K. Finkelstein dated 11/16/2022. Document filed by Alberto Morales Bueno, Mouton & Brown Trucking LLC..(Finkelstein, Matthew) |
| Filing 11 PROPOSED CASE MANAGEMENT PLAN. Document filed by Alberto Morales Bueno, Mouton & Brown Trucking LLC..(Finkelstein, Matthew) |
| Filing 10 NOTICE OF APPEARANCE by Matthew Goodstein on behalf of Jesus Vasquez. (Attachments: #1 Exhibit Consent to Change Attorney).(Goodstein, Matthew) |
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Filing 9
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: Initial Conference set for Tuesday, 11/22/2022 at 04:30 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 10/24/2022) (tro)
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| Filing 8 LETTER addressed to Magistrate Judge Sarah L. Cave from Michael Kimmelman dated 10/21/22 re: status of service on Grama. Document filed by Antonio Ortiz..(Kimmelman, Michael) |
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Filing 7
ORDER. By Wednesday, October 26, 2022, Plaintiff shall file a status letter advising the Court of the status of service on Grama. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/20/22) (yv)
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| Filing 6 NOTICE OF APPEARANCE by Michael Lawrence Kimmelman on behalf of Jesus Vasquez..(Kimmelman, Michael) |
| Filing 5 NOTICE OF APPEARANCE by Michael Lawrence Kimmelman on behalf of Antonio Ortiz..(Kimmelman, Michael) |
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Filing 4
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah L Cave. (Signed by Judge Paul G. Gardephe on 10/18/2022) (ate)
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| Filing 3 CERTIFICATE OF SERVICE of Notice of Filing Notice of Removal, with Notice of Removal and all Exhibits served on Antonio Ortiz, Jesus Vasquez and Serghei Grama on October 10, 2022 (Ortiz/Vasquez) October 11, 2022 (Grama). Service was made by Mail (Grama) NYSCEF (Ortiz/Vasquez). Document filed by Alberto Morales Bueno, Mouton & Brown Trucking LLC..(Finkelstein, Matthew) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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..(gp) |
| Magistrate Judge Sarah L. Cave 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. (gp) |
| Case Designated ECF. (gp) |
| Filing 2 CIVIL COVER SHEET filed..(Finkelstein, Matthew) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 809556/2022E. (Filing Fee $ 402.00, Receipt Number ANYSDC-26794996).Document filed by Alberto Morales Bueno, Mouton & Brown Trucking LLC. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Defendants' Answers, #3 Exhibit C - Plaintiff's Response to CPLR 3017 demand, #4 Exhibit D - Plaintiffs Bill of Particulars, #5 Exhibit E - Preliminary Conference Order).(Finkelstein, Matthew) |
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