Ross et al v. J.B. Hunt Transport
| Michael Ross, Gina Hernandez and Kelvin Lee |
| J.B. Hunt Transport |
| 1:2022cv08761 |
| October 14, 2022 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Motor Vehicle |
| 28 U.S.C. § 1332 tm Diversity-Tort/Motor Vehicle (P.I.) |
| None |
Docket Report
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This docket was last retrieved on December 1, 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 1Z E22 E53 37 1007 663 2 on 12/02/2022. (ama) |
Filing 21
ORDER: For the reasons stated on the record at today's conference, Defendantfailed to remove this action within the 30-day period prescribed by 28 U.S.C. 1446(b)(1). Accordingly, the Clerk of Court is directed to remand the caseto New York State Supreme Court, Bronx County, pursuant to 28 U.S.C. 1447(c). The Clerk of Court is further directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/01/2022) (ama) Transmission to Docket Assistant Clerk for processing.
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Motion Hearing held on 12/1/2022 re: #19 LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Stuart K. Gechlik dated November 28, 2022 filed by Michael Ross: Attorney Douglas E. Shayne representing Plaintiffs present. Attorney Matthew Jude Vitucci representing Defendant present. For the reasons stated on the record, this case is REMANDED. Plaintiffs shall order a copy of today's transcript. (See transcript.) (Court Reporter Sara Beiter) (tn) |
| Filing 20 LETTER addressed to Judge Katherine Polk Failla from Stuart K. Gechlik dated November 28, 2022 re: Conference of 12-1-22. Document filed by Michael Ross. (Attachments: #1 Exhibit Bill of Particulars part 1, #2 Exhibit Bill of particulars Part 2, #3 Exhibit Case law).(Gechlik, Stuart) |
| Filing 19 LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Stuart K. Gechlik dated November 28, 2022. Document filed by Michael Ross. Return Date set for 12/1/2022 at 11:30 AM. (Attachments: #1 Exhibit Bill of Particulars part 1, #2 Exhibit Bill of particulars Part 2, #3 Exhibit Case law).(Gechlik, Stuart) |
| Filing 18 SECOND LETTER addressed to Judge Katherine Polk Failla from Matthew Vitucci dated November 28, 2022 re: November 3, 2022 Order. Document filed by J.B. Hunt Transport..(Vitucci, Matthew) |
| Filing 17 NOTICE OF APPEARANCE by Douglas E. Shayne, I on behalf of Michael Ross..(Shayne, Douglas) |
| Filing 16 NOTICE OF APPEARANCE by Douglas E. Shayne, I on behalf of Kelvin Lee..(Shayne, Douglas) |
| Filing 15 NOTICE OF APPEARANCE by Douglas E. Shayne, I on behalf of Gina Hernandez..(Shayne, Douglas) |
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Filing 14
MEMO ENDORSEMENT on re: #12 Letter filed by J.B. Hunt Transport. ENDORSEMENT: Application GRANTED. Each party may, but is not required to, file a letter not to exceed three pages describing that party's position on the three questions posed in the Court's November 3, 2022 Order (Dkt. #11). Any party wishing to file a letter shall do so on or before November 28, 2022. At the conference, the Court will determine whether further briefing is warranted. (Signed by Judge Katherine Polk Failla on 11/15/2022) (rro)
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| Filing 13 NOTICE OF APPEARANCE by Matthew Jude Vitucci on behalf of J.B. Hunt Transport..(Vitucci, Matthew) |
| Filing 12 LETTER addressed to Judge Katherine Polk Failla from Matthew Vitucci dated November 15, 2022 re: November 3, 2022 Order. Document filed by J.B. Hunt Transport..(Vitucci, Matthew) |
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Filing 11
MEMO ENDORSEMENT on re: #10 Letter filed by J.B. Hunt Transport. ENDORSEMENT: The Court is in receipt of Plaintiff's letter alleging that removal was improper (Dkt. #8), and Defendant's above response. The parties are hereby ORDERED to appear for a conference on the matter on December 1, 2022, at 11:30 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. At the conference, the parties should be prepared to discuss: (i) Whether, in light of Moltner v. Starbucks Coffee Co., 624 F.3d 34 (2d Cir. 2010), a paper that details plaintiffs' injuries but does not explicitly state the amount of monetary damages sought can be the basis for removal under 28 U.S.C. 1446(b)(1) or 28 U.S.C. 1446(b)(3); (ii) Whether 28 U.S.C. 1446(c)(1)'s bar on removal more than one year after a case is filed applies to this action, and if so, whether that provision's bad faith exception applies; and (iii) Whether a defendant can waive its right to remove an action by filing a substantive motion in state court. ( Status Conference set for 12/1/2022 at 11:30 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 11/3/2022) (rro)
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| Filing 10 LETTER addressed to Judge Katherine Polk Failla from Heather Ragone dated October 25, 2022 re: response to Plaintiffs' contention. Document filed by J.B. Hunt Transport..(Ragone, Heather) |
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Filing 9
ORDER granting #8 Letter Motion for Conference re: #8 FIRST LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Stuart K. Gechlik dated October 19, 2022. The Court is in receipt of Plaintiffs' above letter. Defendant is hereby ORDERED to file a letter brief responding to Plaintiffs' contention that removal was improper on or before October 28, 2022. At that time, the Court will determine whether a conference on the matter is necessary. The Clerk of Court is directed to terminate the motion at docket entry 8. (Signed by Judge Katherine Polk Failla on 10/25/2022) (rro)
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| Set/Reset Deadlines: Brief due by 10/28/2022. (rro) |
| Filing 8 FIRST LETTER MOTION for Conference addressed to Judge Katherine Polk Failla from Stuart K. Gechlik dated October 19, 2022. Document filed by Michael Ross..(Gechlik, Stuart) |
| Filing 7 NOTICE OF APPEARANCE by Stuart Keith Gechlik on behalf of Michael Ross..(Gechlik, Stuart) |
| Filing 6 NOTICE OF APPEARANCE by Stuart Keith Gechlik on behalf of Kelvin Lee..(Gechlik, Stuart) |
| Filing 5 NOTICE OF APPEARANCE by Stuart Keith Gechlik on behalf of Gina Hernandez..(Gechlik, Stuart) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent J.B. Hunt Transport, Inc. for J.B. Hunt Transport. Document filed by J.B. Hunt Transport..(Ragone, Heather) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Heather Cara Ragone re: Document No. #2 Notice of Removal,. The filing is deficient for the following reason(s): all of the parties listed on the pleading 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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 Katharine H. Parker 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) |
| Case Designated ECF. (vf) |
| Filing 3 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by J.B. Hunt Transport..(Ragone, Heather) Modified on 10/14/2022 (lb). |
| Filing 2 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 812492/2021E. (Filing Fee $ 402.00, Receipt Number ANYSDC-26817977).Document filed by J.B. Hunt Transport. (Attachments: #1 Exhibit Pleadings, #2 Exhibit Report of Motor Vehicle Accident from the New York State Department of Motor Vehicles, #3 Exhibit Demand for Statement of Damages, #4 Exhibit Plaintiffs' Response to Demand for Statement of Damages).(Ragone, Heather) |
| Filing 1 CIVIL COVER SHEET filed..(Ragone, Heather) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Heather Cara Ragone to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) |
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