Pena Hernandez v. Performance Transportation, LLC et al
| Andriz M Pena Hernandez |
| Performance Transportation, LLC, Eric Payne and Performance Transportation, LLC doing business as Performance Food Group, Inc. |
| 1:2022cv09658 |
| November 11, 2022 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Motor Vehicle |
| 28 U.S.C. § 1332 au Diversity-Auto Negligence |
| Defendant |
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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| Filing 13 AMENDED NOTICE OF REMOVAL against Andriz M Pena Hernandez; amending #1 Notice of Removal,.Document filed by Eric Payne, Performance Transportation, LLC. Related document: #1 Notice of Removal,. (Attachments: #1 Exhibit Ex A - State Court Complaint, #2 Exhibit Ex B - Removing Defendants' Amended Answer, #3 Exhibit Ex C - Plaintiff's Discovery Responses, #4 Exhibit Ex D - Statement of Damages).(Caccamo-Bobchin, Peter) |
Filing 12
ORDER granting #8 Motion to Amend/Correct: GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (lar)
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| Filing 11 MEMORANDUM OF LAW in Support re: #8 MOTION to Amend/Correct #1 Notice of Removal, pursuant to order dated November 14, 2022. . Document filed by Eric Payne, Performance Transportation, LLC. (Attachments: #1 Appendix Finley v. 50 Star Logistics LLC, 2020 WL 7024348).(Caccamo-Bobchin, Peter) |
| Filing 10 DECLARATION of Peter Caccamo-Bobchin in Support re: #8 MOTION to Amend/Correct #1 Notice of Removal, pursuant to order dated November 14, 2022.. Document filed by Eric Payne, Performance Transportation, LLC. (Attachments: #1 Exhibit Ex A - Proposed Amended Notice of Removal with exhibits, #2 Exhibit Ex B - Filed Federal Notice of Removal with exhibits, #3 Exhibit Ex C - Order dated November 14, 2022).(Caccamo-Bobchin, Peter) |
| Filing 9 DECLARATION of Michelle M. Benton in Support re: #8 MOTION to Amend/Correct #1 Notice of Removal, pursuant to order dated November 14, 2022.. Document filed by Eric Payne, Performance Transportation, LLC..(Caccamo-Bobchin, Peter) |
| Filing 8 MOTION to Amend/Correct #1 Notice of Removal, pursuant to order dated November 14, 2022. Document filed by Eric Payne, Performance Transportation, LLC..(Caccamo-Bobchin, Peter) |
| Filing 7 DEMAND for Trial by Jury. Document filed by Andriz M Pena Hernandez.(Krigsfeld, Michael) |
| Filing 6 NOTICE OF APPEARANCE by Michael Krigsfeld on behalf of Andriz M Pena Hernandez..(Krigsfeld, Michael) |
| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - (SUPPORTING DOCUMENTS TO BE FILED SEPARATELY) - MOTION to Amend/Correct #4 Order to Show Cause,, Set Deadlines, #1 Notice of Removal, . Document filed by Eric Payne, Performance Transportation, LLC. (Attachments: #1 Affidavit Declaration of Michelle Benton, #2 Affidavit Declaration of Peter Caccamo-Bobchin, #3 Exhibit Ex A - Proposed Amended Notice of Removal with exhibits, #4 Exhibit Ex B - Filed Notice of Removal, #5 Exhibit Ex C - Order, #6 Supplement Memorandum of Law, #7 Appendix Finley v. 50 Star Logistics LLC, 2020 WL 7024348, #8 Affidavit Affirmation of Service).(Caccamo-Bobchin, Peter) Modified on 12/1/2022 (lb). |
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Filing 4
ORDER: Therefore, Defendant shall, on or before November 30, 2022, either (1) show cause as to why this case should not be remanded for lack of subject matter jurisdiction, or (2) move to file an amended notice of removal that properly pleads jurisdiction. If Defendant fails to do so, this action may be dismissed. ( Motions due by 11/30/2022.) (Signed by Judge J. Paul Oetken on 11/14/2022) (ate)
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| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Performance Food Group Company for Performance Transportation, LLC. Document filed by Performance Transportation, LLC..(Caccamo-Bobchin, Peter) |
| Filing 2 CIVIL COVER SHEET filed..(Caccamo-Bobchin, Peter) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Peter Caccamo-Bobchin. The party information for the following party/parties has been modified: Performance Transportation, LLC. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Peter Caccamo-Bobchin. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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) |
| Case Designated ECF. (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) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 812351/2022E. (Filing Fee $ 402.00, Receipt Number ANYSDC-26949730).Document filed by Eric Payne, Performance Transportation, LLC. (Attachments: #1 Exhibit Ex A - State Court Complaint, #2 Exhibit Ex B - Removing Defendants' Amended Answer, #3 Exhibit Ex C - Plaintiff's Discovery Responses, #4 Exhibit Ex - Plaintiff's Notice pursuant to CPLR3017(c)).(Caccamo-Bobchin, Peter) |
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