Fernandez Vargas v. Amaker et al
| Luis Fernandez Vargas |
| Gayland Desmond Amaker, J.B. Hunt Transport, Inc., Jonatan Pena and Jonatan R. Pena |
| 1:2022cv09208 |
| October 27, 2022 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Motor Vehicle |
| 28 U.S.C. § 1332 tm Diversity-Tort/Motor Vehicle (P.I.) |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 22
MEMO ENDORSEMENT on re: #21 Letter filed by J.B. Hunt Transport, Inc., Gayland Desmond Amaker ENDORSEMENT: Application granted. The briefing schedule for Defendants' summary-judgment motion, Dkt. No. 20, is hereby canceled. The case management plan entered by the Court, Dkt. No. 16, otherwise remains in full force and effect. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/22/2022) (ks)
|
| Filing 21 LETTER addressed to Judge Gregory H. Woods from Heather Ragone dated December 22, 2022 re: Motion for Summary Judgment. Document filed by Gayland Desmond Amaker, J.B. Hunt Transport, Inc...(Ragone, Heather) |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 12/20/2022. (Court Reporter present) (wv) |
|
Filing 20
ORDER: As discussed at the December 20, 2022 conference, Defendants' motion for summary judgment must be filed and served no later than January 13, 2023. Plaintiff's opposition based on Federal Rule of Civil Procedure 56(d) must be filed and served no later than three weeks following the service of Defendants' motion; Defendants' Reply, if any, is due no later than one week following the filing and service of Plaintiff's Rule 56(d) opposition. The Court will invite additional substantive briefing on the merits of Defendants motion if it chooses not to deny or delay the filing of that motion based on the parties' Rule 56(d) arguments. ( Motions due by 1/13/2023.) (Signed by Judge Gregory H. Woods on 12/20/2022) (rro)
|
| Filing 19 LETTER addressed to Judge Gregory H. Woods from Dean Ferdenzi, Esq. dated December 12, 2022 re: Letter Opposition to Defendants Pre-Motion Submission to File Summary Judgment on Threshold. Document filed by Luis Fernandez Vargas..(Bonder, Sandra) |
|
Filing 18
MEMO ENDORSEMENT: on re: #17 Letter filed by J.B. Hunt Transport, Inc., Gayland Desmond Amaker. ENDORSEMENT: Application granted. The Court will hold a teleconference regarding Defendants' proposed motion for summary judgment on December 20, 2022 at 3:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. SO ORDERED., ( Telephone Conference set for 12/20/2022 at 03:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 12/08/2022) (ama)
|
| Filing 17 LETTER addressed to Judge Gregory H. Woods from Heather Ragone dated December 8, 2022 re: pre-motion conference. Document filed by Gayland Desmond Amaker, J.B. Hunt Transport, Inc...(Ragone, Heather) |
| Received returned mail re: #5 Order for Initial Pretrial Conference. Mail was addressed to Jonatan R. Pena, 28 Summer Avenue, Apt. 3L, Springfield, MA 01108 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward. (vn) |
| Filing 15 NOTICE OF APPEARANCE by Dean Angelo Ferdenzi on behalf of Luis Fernandez Vargas..(Ferdenzi, Dean) |
|
Filing 16
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). 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). Motions due by 7/28/2023. Deposition due by 3/16/2023. All Fact Discovery due by 5/15/2023. All Expert Discovery due by 6/29/2023. The parties expect that this case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 5-7 days. A Status Conference set for 7/13/2023 at 04:00 PM before Judge Gregory H. Woods. A joint letter updating the Court on the status of the case shall be filed on ECF by July 6, 2023. And as set forth herein. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/16/2022) (ama)
|
| Filing 14 NOTICE OF APPEARANCE by Sandra Laura Bonder on behalf of Luis Fernandez Vargas..(Bonder, Sandra) |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 11/16/2022. (Court Reporter present) (wv) |
| Filing 13 NOTICE of Entry. Document filed by Gayland Desmond Amaker, J.B. Hunt Transport, Inc.. (Attachments: #1 Affidavit Proof of Service of 11.14.22 Order).(Ragone, Heather) |
|
Filing 12
ORDER: On October 31, 2022, this Court issued an order directing counsel for Plaintiff to promptly file a notice of appearance in this case. Dkt. No. 6. Counsel for Defendant was directed to serve a copy of that order on counsel for Plaintiff. Id. Plaintiff's counsel's notice of appearance, however, has not been filed. Counsel for Plaintiff is accordingly directed to file a notice of appearance in this case no later than November 16, 2022, at 12:00 p.m. EST. Counsel for Defendant is directed to serve a copy of this order on Plaintiff, and to retain proof of service. That service must occur no later than November 15, 2022, at 12:00 p.m. EST. (Signed by Judge Gregory H. Woods on 11/14/2022) (rro)
|
| Filing 11 PROPOSED CASE MANAGEMENT PLAN. Document filed by Gayland Desmond Amaker, J.B. Hunt Transport, Inc...(Ragone, Heather) |
|
Filing 10
ORDER: In an October 31, 2022 order, the Court set the initial pretrial conference in this case for November 16, 2022 at 3:00 p.m. and directed the parties to submit a joint letter via ECF and to email a joint proposed Case Management Plan and Scheduling Order to Chambers by no later than November 9, 2022. Dkt. No. 7. The Court has not received the parties' submissions. The parties are directed to submit their joint letter via ECF and to email their joint proposed Case Management Plan to Chambers forthwith, and in no event later than November 14, 2022. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/10/2022) (ama)
|
| Filing 9 AFFIDAVIT OF SERVICE of Judge Gregory Woods' Order dated October 30, 2022 served on The Fastman Law Group, P.C. and Jonatan R. Pena on October 31, 2022. Service was made by Mail. Document filed by Gayland Desmond Amaker, J.B. Hunt Transport, Inc...(Ragone, Heather) |
| Filing 8 DEMAND for Trial by Jury. Document filed by Gayland Desmond Amaker, J.B. Hunt Transport, Inc..(Ragone, Heather) |
|
Filing 7
ORDER: This order modifies the dates set in the notice of initial pretrial conference. Dkt. No. 5. The initial pretrial conference in this case is hereby moved to November 16, 2022 at 3:00 p.m. The joint letter and proposed case management plan described in the notice of initial pretrial conference are due no later than November 9, 2022. The parties should refer to the order filed at Dkt. No. 5 for all other information relevant to the initial pretrial conference. SO ORDERED. Initial Conference set for 11/16/2022 at 03:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 10/30/2022) (kv)
|
|
Filing 6
ORDER re: #1 Notice of Removal, filed by J.B. Hunt Transport, Inc., Gayland Desmond Amaker. This action was removed from the Supreme Court of the State of New York, County of New York, on October 27, 2022. Dkt. No. 1. Pursuant to Fed. R. Civ. P. 81(c)(3), if any party wishes to demand a jury trial in this matter, the demand must be served and filed no later than November 10, 2022. Additionally, counsel for Plaintiff is directed to promptly file a notice of appearance in this case. Counsel for Defendant is directed to serve a copy of this order on Plaintiff, and to retain proof of service. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/30/2022) (kv)
|
| MAILING RECEIPT: Document No: 5. Mailed to: Jonatan R. Pena 28 Summer Avenue, Apt. 3L Springfield, MA 01108. (kh) |
| Filing 5 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/4/2023 at 04:00 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (Signed by Judge Gregory H. Woods on 10/28/2022) (rro) |
| Filing 4 AFFIDAVIT OF SERVICE of Civil Cover Sheet, Notice of Removal with Petition for Removal and Rule 7.1 Statement served on The Fastman Law Group, P.C. and Jonatan R. Pena on October 27, 2022. Service was made by Mail. Document filed by Gayland Desmond Amaker, J.B. Hunt Transport, Inc...(Ragone, Heather) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Heather Cara Ragone. The following case opening statistical information was erroneously selected/entered: County code Bronx;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Heather Cara Ragone. The party information for the following party/parties has been modified: Jonatan Pena. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(jgo) |
| 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent J.B. Hunt Transport Services, Inc. for Gayland Desmond Amaker, J.B. Hunt Transport, Inc.. Document filed by Gayland Desmond Amaker, J.B. Hunt Transport, Inc...(Ragone, Heather) |
| Filing 2 CIVIL COVER SHEET filed..(Ragone, Heather) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 800266/2022E. (Filing Fee $ 402.00, Receipt Number ANYSDC-26879840).Document filed by J.B. Hunt Transport, Inc., Gayland Desmond Amaker. (Attachments: #1 Exhibit Pleadings, #2 Exhibit Police Report, #3 Exhibit Demand for Statement of Damages, #4 Exhibit Amended and Supplemental Verified Bill of Particulars).(Ragone, Heather) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
