Brobbey v. J&A Trucking LLC et al
| EUGENE BROBBEY |
| J&A TRUCKING LLC and JEANCARLOS POLANCO |
| 1:2023cv05204 |
| June 20, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Motor Vehicle |
| 28 U.S.C. § 1441 pr Petition for Removal |
| Defendant |
Docket Report
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Filing 14
NOTICE OF INITIAL PRETRIAL CONFERENCE: In accordance with Rule 16 of the Federal Rules of Civil Procedure, the Initial Pretrial Conference ("IPTC") will be held on September 22, 2023, at 10:00 a.m. The IPTC will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. The parties are directed to submit a joint letter (the "Joint Letter") of no more than five pages by September 14, 2023 addressing each of the following in separate paragraphs as further set forth in this Order. SO ORDERED. (Initial Conference set for 9/22/2023 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 7/26/23) (yv)
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| Filing 13 NOTICE OF APPEARANCE by Akiva Ofshtein on behalf of Eugene Brobbey..(Ofshtein, Akiva) |
| Filing 12 AFFIDAVIT OF SERVICE of Court orders dated July 12 and 25, 2023 served on Plaintiff counsel on July 25, 2023. Service was made by email. Document filed by J&A Trucking LLC, Jeancarlos Polanco. (Attachments: #1 Exhibit email and orders to plaintiff counsel).(Schwartz, Bryan) |
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Filing 11
ORDER. IT IS HEREBY ORDERED that not later than Friday, July 27, 2023, Defendants must email the Courts July 12, 2023 Order and July 25, 2023 Order to Plaintiff and post proof of service on the docket or show cause why they should not be sanctioned for failing to comply with the Court's orders. IT IS FURTHER ORDERED that Plaintiff has one final opportunity to file a notice of appearance by Wednesday, August 2, 2023, or the Court will dismiss this case for failure to prosecute. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/25/23) (yv)
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Filing 10
ORDER: IT IS HEREBY ORDERED that Plaintiff must file a notice of appearance not later than Tuesday, July 18, 2023, or show cause why this case should not be dismissed for failure to prosecute. Not later than Friday, July 14, 2023, Defendants must email this order to Plaintiff and post proof of service on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/12/2023) (ama)
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| Filing 9 AFFIDAVIT OF SERVICE of order (doc 6) served on Plaintiff counsel on June 26, 2023. Service was made by email. Document filed by J&A Trucking LLC, Jeancarlos Polanco..(Schwartz, Bryan) |
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Filing 8
ORDER: IT IS HEREBY ORDERED that because Defendants filed a notice of removal within 33 days (excluding the final weekend and holiday) of possibly receiving a Bill of Particulars from which it could first ascertain that the case was removable, the Court will deem Defendants' notice of removal timely unless Plaintiff shows cause why removal is untimely not later than Friday, July 7, 2023. Not later than Tuesday, June 27, 2023, Defendants must email this order to Plaintiff and post proof of service on the docket. Plaintiff must file a notice of appearance not later than Friday, July 7, 2023. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/26/2023) (tg)
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| Filing 7 FIRST OPPOSITION BRIEF to the Court's order dated June 21, 2023. Document filed by J&A Trucking LLC, Jeancarlos Polanco. (Attachments: #1 Exhibit Petition for removal, #2 Exhibit affidavit).(Schwartz, Bryan) |
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Filing 6
ORDER: IT IS HEREBY ORDERED that not later than Friday, June 30, 2023, Defendants must submit evidence confirming when, if at all, they received the Bill of Particulars that Plaintiff purportedly served on May 15, 2023. If Defendants filed their notice of removal more than 30 days after the Bill of Particulars was served, Defendants must show cause why this case should not be remanded to state court. See Moran v. Trans States Airlines, LLC, No. 20-CV-6155 (AKH), 2020 WL 5912391, at *5 (S.D.N.Y. Oct. 6, 2020) (remanding a case to state court because the defendant failed to show good cause for its failure timely to file a notice of removal). SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/21/2023) (tg)
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| Filing 5 CIVIL COVER SHEET filed..(Schwartz, Bryan) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Bryan T. Schwartz to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the Jury Demand code was not selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Bryan T. Schwartz. The party information for the following party/parties has been modified: EUGENE BROBBEY; J&A TRUCKING LLC; JEANCARLOS POLANCO. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bryan T. Schwartz. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| 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..(jgo) |
| Magistrate Judge Ona T. Wang 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 4 DEMAND for Trial by Jury. Document filed by J&A TRUCKING LLC, JEANCARLOS POLANCO.(Schwartz, Bryan) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by J&A TRUCKING LLC, JEANCARLOS POLANCO..(Schwartz, Bryan) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Schwartz, Bryan) Modified on 6/21/2023 (jgo). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 802648/2023E. (Filing Fee $ 402.00, Receipt Number ANYSDC-27894505).Document filed by JEANCARLOS POLANCO, J&A TRUCKING LLC. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Answer, #3 Exhibit C - Discovery Demands, #4 Exhibit D - Discovery Responses).(Schwartz, Bryan) |
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