Walker v. James et al
| Marcel Walker |
| Everett L. James and M&S Transport Inc. |
| 1:2023cv07895 |
| September 6, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on November 2, 2023. A more recent docket listing may be available from PACER.
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| NOTICE ADJOURNING CONFERENCE re: #4 Order for Initial Pretrial Conference: In light of Plaintiff's pending motion to remand, to date not yet fully briefed, the conference that is scheduled for November 3, 2023, is ADJOURNED sine die. ***No PDF is attached to this entry. (tn) |
Filing 8
ORDER:The Court is in receipt of Plaintiffs motion to remand and accompanying papers, filed on October 4, 2023. (Dkt. #5-7). Further briefing shall proceed as follows: Defendants shall file their opposition, not to exceed 25 pages, on or before November 6, 2023. Plaintiff may file a reply, not to exceed ten pages, on or before November 20, 2023. ( Replies due by 11/20/2023., Responses due by 11/6/2023) (Signed by Judge Katherine Polk Failla on 10/5/2023) (rro)
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| Filing 7 DECLARATION of KEVIN S. KLEIN in Support re: #5 FIRST MOTION to Remand to State Court .. Document filed by Marcel Walker. (Attachments: #1 Exhibit State Court Summons & Complaint, #2 Exhibit Initial Notice of Removal, #3 Exhibit Initial Petition for Removal, #4 Exhibit Order of Dismissal, Remanding Action to State Court, #5 Exhibit Request for Preliminary Conference, #6 Exhibit Second Notice of Removal and Petition).(Gammons, Matthew) |
| Filing 6 FIRST MEMORANDUM OF LAW in Support re: #5 FIRST MOTION to Remand to State Court . . Document filed by Marcel Walker..(Gammons, Matthew) |
| Filing 5 FIRST MOTION to Remand to State Court . Document filed by Marcel Walker. Return Date set for 10/31/2023 at 09:30 AM..(Gammons, Matthew) |
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Filing 4
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on November 3, 2023, at 3:00 p.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. Initial Conference set for 11/3/2023 at 03:00 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 9/14/2023) (rro)
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| Filing 3 CIVIL COVER SHEET filed..(Richardson, Atasia) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Atasia Rashae Richardson to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple citizenships for the defendant were selected. Choose one for the first listed defendant. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
| Magistrate Judge James L. Cott 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 Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Atasia Rashae Richardson. The party information for the following party/parties has been modified: M&S Transport Inc., Everett L. James, Marcel Walker. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Atasia Rashae Richardson. The following case opening statistical information was erroneously selected/entered: County code Bronx; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Richardson, Atasia) Modified on 9/7/2023 (pc). |
| Filing 1 NOTICE OF REMOVAL from New York Supreme Court, County of Bronx. Case Number: 815991/2022E. (Filing Fee $ 402.00, Receipt Number ANYSDC-28246426).Document filed by M&S Transport Inc., Everett L. James. (Attachments: #1 Exhibit A - Electronic Filing Receipt, #2 Exhibit B - Summons and Complaint, #3 Exhibit C - Affidavit of Services, #4 Exhibit D - Answer, #5 Exhibit E - Decision for Remand, #6 Exhibit F - Preliminary Conference Order, #7 Exhibit G - Demand for State of Damages, #8 Exhibit H - Verified Bill of particulars, #9 Exhibit I - Driver's CDL, #10 Exhibit J - Certificate of Insurance, #11 Exhibit K - Affidavit of Zlatkovic).(Richardson, Atasia) |
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