Greenfield v. Brandon Transfer and Storage, Inc.
| RICHARD D. GREENFIELD |
| BRANDON TRANSFER AND STORAGE, INC., Manning Claim Services, LLC and Sirva, Inc. |
| 1:2023cv07893 |
| September 6, 2023 |
| US District Court for the Southern District of New York |
| Dale E Ho |
| Robert W Lehrburger |
| Personal Property: Other |
| 28 U.S.C. § 1331 pd Fed. Question: Property Damage |
| None |
Docket Report
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| Filing 16 PROPOSED CASE MANAGEMENT PLAN. Document filed by Brandon Transfer and Storage, Inc...(Wescoe, James) |
Filing 15
ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE: This action has been assigned to me for [GENERAL PRETRIAL] purposes. Accordingly, 1. The parties shall appear before the Court for an initial pretrial conference in accordance with Rule 16 of the Federal Rules of Civil Procedure on Wednesday, November 8, 2023 at 4:00 p.m. The conference will be held telephonically. The parties are instructed to call (888) 398-2342 and enter access code 9543348, as further set forth. Initial Conference set for 11/8/2023 at 04:00 PM before Magistrate Judge Robert W. Lehrburger. Copies transmitted this date to all parties on record. (Signed by Magistrate Judge Robert W. Lehrburger on 10/20/2023) (mml) Modified on 10/20/2023 (mml).
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| Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss . . Document filed by Brandon Transfer and Storage, Inc.. (Attachments: #1 Exhibit Exh A Pltfs Amended Complaint, #2 Exhibit Exh B Pltfs initial Complaint, #3 Exhibit Exh C Informational Invoice, #4 Exhibit Exh D. HHG Descriptive Inventories, #5 Exhibit Exh E Bill of Lading).(Wescoe, James) |
| Filing 13 MOTION to Dismiss . Document filed by Brandon Transfer and Storage, Inc.. Responses due by 11/9/2023 (Attachments: #1 Proposed Order proposed order, #2 Exhibit Exh A Pltfs Amended Complaint, #3 Exhibit Exh B Pltfs initial Complaint, #4 Exhibit Exh C Information Invoice, #5 Exhibit Exh D HHG Descriptive Inventories).(Wescoe, James) |
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Filing 12
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. SO ORDERED. (Signed by Judge Dale E Ho on 10/17/2023) (jca)
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Filing 11
NOTICE OF REASSIGNMENT This case has been reassigned to the undersigned. All counsel and pro se Plaintiff must familiarize themselves with the Court's Individual Practices, which are available at https://nysd.uscourts.gov/hon-dale-e-ho, including the Court's Individual Practices in Civil Pro Se Cases. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the cases reassignment. SO ORDERED. (Signed by Judge Dale E Ho on 10/17/2023) (jca)
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| NOTICE OF CASE REASSIGNMENT to Judge Dale E Ho. Judge Mary Kay Vyskocil is no longer assigned to the case. (vba) |
| Filing 10 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Richard Greenfield consents to receive electronic service via the ECF system. Document filed by Richard D. Greenfield.(sc) |
| Filing 9 AMENDED COMPLAINT against Brandon Transfer and Storage, Inc., Manning Claim Services, LLC, Sirva, Inc.Document filed by Richard D. Greenfield.(sc) |
| Mailed a copy of #8 Memo Endorsement, to Richard D. Greenfield at 200 East 62nd Street, Apt. 29 A New York, NY 10065. (sha) |
| Filing 8 MEMO ENDORSEMENT on re: #7 Letter, filed by Richard D. Greenfield. ENDORSEMENT: GRANTED. The Plaintiff is granted leave to amend the Complaint, which is due on or before October 6, 2023. This will be Plaintiff's last opportunity to amend the complaint in response to arguments raised in the Defendant's letter. Defendant must respond to any amended complaint within 14 days of its filing. In the event Defendant files a new motion to dismiss, the briefing for that motion will be on the schedule set forth in Local Rule 6.1(b). ( Amended Pleadings due by 10/6/2023.) (Signed by Judge Mary Kay Vyskocil on 9/28/2023) (ate) |
| Filing 7 LETTER addressed to Judge Mary Kay Vyskocil from R. Greenfield, dated 9/15/23 re: Please accept my apologies for not responding to the request of defense counsel for a pre-motion conference. I have been in Lenox Hill Hospital since last Friday and have just been released. Document filed by Richard D. Greenfield.(sc) |
| Mailed a copy of #6 Order on Motion for Conference, to Richard D. Greenfield at 200 East 62nd Street, Apt. 29 A New York, NY 10065. (sha) |
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Filing 6
SCHEDULING ORDER granting in part and denying in part #4 Letter Motion for Conference re: #4 LETTER MOTION for Conference to discuss our contemplated Motion to Dismiss plaintiffs Complaint for failing to state a claim for which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6) addressed to Judge Mary Kay Vys.The Defendant submitted a request for a pre-motion conference on its anticipated motion to dismiss the Plaintiff's complaint (ECF No. 14). The Plaintiff did not respond. After reviewing the arguments set out in the Defendant's submission, the motion for a pre-motion conference is DENIED, and Defendant is GRANTED leave to file a motion to dismiss on the schedule set forth below. IT IS FURTHER ORDERED that on or before September 20, 2023, Plaintiff must inform the Court via letter whether he intends to amend his complaint. This will be Plaintiff's last opportunity to amend the complaint in response to arguments raised in the Defendant's letter. IT IS FURTHER ORDERED that if the Plaintiff does not amend his complaint, Defendant must file its motion to dismiss on or before October 6, 2023. Further briefing shall be submitted on the schedule set forth in Local Rule 6.1(b). IT IS FURTHER ORDERED that if the Plaintiff elects to amend his complaint, the amended complaint is due on or before October 6, 2023. Defendant must respond to any amended complaint within 14 days of its filing. In the event Defendant files a new motion to dismiss, the briefing for that motion will be on the schedule set forth in Local Rule 6.1(b). Any request for an extension or adjournment shall be made by letter filed on ECF and must be received at least 48 hours before the deadline. The Clerk of Court is respectfully requested to terminate Docket Entry 4. (Signed by Judge Mary Kay Vyskocil on 9/13/2023) (rro)
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| Set/Reset Deadlines: Amended Pleadings due by 10/6/2023. Motions due by 10/6/2023. (rro) |
| Filing 4 LETTER MOTION for Conference to discuss our contemplated Motion to Dismiss plaintiffs Complaint for failing to state a claim for which relief may be granted pursuant to Federal Rule of Civil Procedure 12(b)(6) addressed to Judge Mary Kay Vyskocil from Attorney James Wescoe, Counsel for defendant, Brandon Transfer and Storage, Inc. dated September 7, 2023. Document filed by Brandon Transfer and Storage, Inc...(Wescoe, James) |
| 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James Anthony Wescoe. The party information for the following party/parties has been modified: RICHARD D. GREENFIELD, BRANDON TRANSFER AND STORAGE, INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; DO NOT ENTER ALL PARTIES IN ALL CAPS. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James Anthony Wescoe. 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 New York;. (pc) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BRANDON TRANSFER AND STORAGE, INC...(Wescoe, James) |
| Filing 2 CIVIL COVER SHEET filed..(Wescoe, James) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 100719/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-28246043).Document filed by BRANDON TRANSFER AND STORAGE, INC.. (Attachments: #1 Exhibit Exhibit, Complaint).(Wescoe, James) |
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