Ramos et al v. Ramierezolivo et al
| Migdalia Ramos and Juan Ramos |
| Willy Ramierezolivo and Battaway Towing LLC |
| 1:2022cv09723 |
| November 15, 2022 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity Action |
| Defendant |
Docket Report
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This docket was last retrieved on September 7, 2023. A more recent docket listing may be available from PACER.
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Filing 16
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: 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). Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Counsel for the parties believe the following alternative dispute resolution mechanisms may be helpful in resolving this case: Referral to the District's Mediation Program after the close of fact discovery. This case is to be tried to a jury. SO ORDERED. Expert Deposition due by 5/31/2023. Fact Discovery due by 4/7/2023. Expert Discovery due by 5/31/2023. Pretrial Conference set for 4/14/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 12/12/2022) (tg)
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Filing 15
MEMO ENDORSEMENT on re: #14 Letter filed by Willy Ramierezolivo, Battaway Towing LLC. ENDORSEMENT: The Court will enter the case management plan in a separate order. The initial pretrial conference scheduled for December 16, 2022, is CANCELLED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/12/2022) (tg)
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| Filing 14 JOINT LETTER addressed to Judge Valerie E. Caproni from Alexys M. Carter & Michelle Jean-Jacques dated December 9, 2022 re: Joint Letter pursuant to directives. Document filed by Battaway Towing LLC, Willy Ramierezolivo..(Carter, Alexys) |
| Filing 13 PROPOSED CASE MANAGEMENT PLAN. Document filed by Battaway Towing LLC, Willy Ramierezolivo..(Carter, Alexys) |
| Filing 12 NOTICE OF APPEARANCE by Michelle Jean-Jacques on behalf of Juan Ramos, Migdalia Ramos..(Jean-Jacques, Michelle) |
| Filing 11 ENDORSED LETTER addressed to Judge Valerie E. Caproni from Alexys M. Carter dated November 21, 2022 re: jurisdictional amount in controversary met. Document filed by Battaway Towing LLC, Willy Ramierezolivo..(Carter, Alexys) |
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Filing 10
ORDER: IT IS HEREBY ORDERED that the Clerk of Court is respectfully directed to restrict viewing of the filings at docket entry 9 to the Court and to the parties. IT IS FURTHER ORDERED that the Defendants are ordered to file a redacted version of the endorsed November 21, 2022, letter by November 23, 2022. The Defendants are admonished to follow the Court's instructions and to be more careful in their ECF filings in the future. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/22/2022) (tg)
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| Filing 9 LETTER addressed to Judge Valerie E. Caproni from Alexys M. Carter dated November 21, 2022 re: Redacted Version of letter and exhibits re supplemental submission. Document filed by Battaway Towing LLC, Willy Ramierezolivo. (Attachments: #1 Exhibit Medical Records of Juan Ramos (Part 1), #2 Exhibit Medical Records of Juan Ramos (Part 2), #3 Exhibit Medical Records of Migdalia Ramos (Part 1), #4 Exhibit Medical Records of Migdalia Ramos (Part 2), #5 Exhibit Operative Reports).(Carter, Alexys) |
| Filing 8 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/16/2022 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 11/22/2022) (tg) |
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Filing 7
***SELECTED PARTIES*** MEMO ENDORSEMENT on re: #6 Letter, filed by Juan Ramos, Migdalia Ramos, Willy Ramierezolivo, Battaway Towing LLC. ENDORSEMENT: Defendants are ordered to file a redacted version of the endorsed letter on the docket by no later than Tuesday, November 22, 2022. The Court finds that this letter and the attached exhibits are judicial documents as they are directly relevant to the Court's duty to evaluate whether it has subject-matter jurisdiction over this case. See Lugosch v. Pyramid Co. of Onondaga, 435 F. 3d 110, 120 (2d Cir. 2006). Plaintiffs' confidentiality interests in protecting their medical privacy can be addressed by redacting information related to their medical treatment. The Court finds that the medical records, submitted under seal, are sufficient to establish that the jurisdictional amount in controversy requirement is met. See United Food & Comm. Workers Union, Local 919, AFL-CIO v. CenterMark Props. Meridien Sq. Inc., 30 F.3d 298, 305-06 (2d Cir. 1994) (courts may consider supplementary submissions to determine whether the amount in controversy requirement is met where the pleadings are, by themselves, insufficient). The Clerk of Court is respectfully directed to docket this endorsement with viewing restricted to the Court and to the parties. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/21/2022) (va)
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| Filing 6 ***SELECTED PARTIES*** LETTER addressed to Judge Valerie E. Caproni from Alexys M. Carter dated November 21, 2022 re: supplementary submission re amount in controversy. Document filed by Migdalia Ramos, Battaway Towing LLC, Willy Ramierezolivo, Juan Ramos. (Attachments: #1 Exhibit Medical Records of Juan Ramos, #2 Exhibit Medical Records of Migdalia Ramos, #3 Exhibit Operative Reports)Motion or Order to File Under Seal: 52 .(Carter, Alexys) |
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Filing 5
ORDER: IT IS HEREBY ORDERED that this case will be remanded to the Supreme Court of the State of New York, County of Bronx on Tuesday, November 22, 2022, unless Defendants provide the Court, by no later than Monday, November 21, 2022, with further evidence that the amount in controversy requirement is met. Defendants' conclusory statement that their review of the medical records establishes that the amount in controversy requirement is met does not establish that the case is removable. While courts may look to medical records to determine whether the amount in controversy is met, such records must be part of the record in the case. See United Food & Comm. Workers Union, Local 919, AFL-CIO v. CenterMark Properties Meridien Sq., Inc., 30 F.3d 298, 305 (2d Cir. 1994). In order to establish the case is removable, the Defendants must submit "supplementary submissions or estimates" establishing that the amount of damages sought is in excess of the jurisdictional limit. Id. at 306; see also Kogut v. Wal-Mart Stores, Inc., 2012 WL 24050201, at *2-3 (W.D.N.Y. June 25, 2012) (a defendant's conclusory assessment that the amount in controversy is met is insufficient to establish removability). SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/18/2022) (tg)
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| Filing 4 LETTER addressed to Judge Valerie E. Caproni from Alexys M. Carter dated November 17, 2022 re: Response to Order to Show Cause. Document filed by Battaway Towing LLC, Willy Ramierezolivo. (Attachments: #1 Exhibit A - Proof of Service on Plaintiff, #2 Exhibit B - Summons & Complaint, #3 Exhibit C - Affidavits of Service, #4 Exhibit D - Stip & Answer).(Carter, Alexys) |
| Filing 3 CIVIL COVER SHEET filed..(Carter, Alexys) |
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Filing 2
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that Defendants must, no later than November 18, 2022, show cause as to why this case should not be remanded to state court for failure to comply with the requirements of removal pursuant to 28 U.S.C. 1446(b)(1). IT IS FURTHER ORDERED that, by no later than November 18, 2022, the Defendants must serve a copy of this Order on the Plaintiffs and file proof of service on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/16/2022) (tg)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alexys Marie Carter. The following case opening statistical information was erroneously selected/entered: Dollar Demand $75,000,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $75,000. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Alexys Marie Carter to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(sj) |
| 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 812933/2022E. (Filing Fee $ 402.00, Receipt Number ANYSDC-26961372).Document filed by Battaway Towing LLC, Willy Ramierezolivo. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A - Police Accident Report).(Carter, Alexys) |
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