Martinez v. Trans-Porte, Inc et al
Plaintiff: Andres Martinez
Defendant: Trans-Porte, Inc, Trans-Porte, Inc. doing business as U.S. Foods, Inc. and Juan Yubi Bunay
Case Number: 1:2023cv08977
Filed: October 12, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Analisa Torres
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1441 nr Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 16, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 17, 2023 Filing 14 AFFIDAVIT OF SERVICE of CORRESPONDENCE TO DEFENSE COUNSEL WITH INITIAL PRE-TRIAL SCHEDULING ORDER AND JUDG'S CIVIL PRACTICE RULES served on WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP on NOVEMBER 17, 2023. Service was made by MAIL. Document filed by Andres Martinez..(Kleeger, Judd)
November 17, 2023 Opinion or Order Filing 13 ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by January 15, 2023, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 11/16/2023) (jca)
November 17, 2023 Opinion or Order Filing 12 INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by January 15, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. If this case has been settled or otherwise terminated, counsel are required to file a stipulation of discontinuance, voluntary dismissal, or other proof of termination electronically on ECF, with a courtesy copy emailed to chambers in accordance with the Court's Individual Practices. (And as further set forth herein.) SO ORDERED. (Signed by Judge Analisa Torres on 11/16/2023) (jca)
November 17, 2023 Opinion or Order Filing 11 ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 11/16/2023) (jca)
November 17, 2023 Filing 10 NOTICE OF APPEARANCE by Judd F. Kleeger on behalf of Andres Martinez..(Kleeger, Judd)
November 16, 2023 Filing 9 NOTICE OF APPEARANCE by Noah Seth Reiss on behalf of Andres Martinez. (Attachments: #1 Affidavit Affidavit of Service).(Reiss, Noah)
November 15, 2023 Filing 8 FIRST LETTER addressed to Judge Analisa Torres from Judd F. kleeger, Esq. (JFK 3495) dated November 15, 2023 re: Not Contesting to removal of action. Document filed by Andres Martinez..(Reiss, Noah)
November 14, 2023 Opinion or Order Filing 7 ORDER re: #5 Order. Accordingly, by November 28, 2023, Plaintiff shall appear in this action and advise the Court whether he intends to contest removal. Defendants shall serve this order on Plaintiff, in addition to Plaintiff's counsel, and file proof of service on the docket by November 21, 2023. (Signed by Judge Analisa Torres on 11/14/2023) (tro)
October 23, 2023 Filing 6 AFFIDAVIT OF SERVICE of Order, Notice of State Removal filed with the Court, Correspondence to Plaintiff's Counsel with Judge's Civil Practice Rules served on Judd F. Kleeger, Esq. of HECHT, KLEEGER & DAMASHEK P.C. on October 23, 2023. Service was made by Mail. Document filed by Juan Yubi Bunay, Trans-Porte, Inc, Trans-Porte, Inc...(Robinson, Noelle)
October 16, 2023 Opinion or Order Filing 5 ORDER Accordingly, by November 13, 2023, Plaintiff shall appear in this action and advise the Court whether he intends to contest removal. Defendants shall serve this order on Plaintiff and file proof of service on the docket by October 27, 2023. SO ORDERED. (Signed by Judge Analisa Torres on 10/16/2023) (jca)
October 16, 2023 Filing 4 DEMAND for Trial by Jury. Document filed by Andres Martinez.(Reiss, Noah)
October 13, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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)
October 13, 2023 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. (pc)
October 13, 2023 Case Designated ECF. (pc)
October 13, 2023 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Noelle Genene Robinson. The following case opening statistical information was erroneously selected/entered: County code Bronx;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc)
October 12, 2023 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent US Foods Holding Corp. for Trans-Porte, Inc.. Document filed by Juan Yubi Bunay, Trans-Porte, Inc, Trans-Porte, Inc...(Robinson, Noelle)
October 12, 2023 Filing 2 CIVIL COVER SHEET filed..(Robinson, Noelle)
October 12, 2023 Filing 1 NOTICE OF REMOVAL from Supreme, County of Bronx. Case Number: 809763/2023E. (Filing Fee $ 402.00, Receipt Number ANYSDC-28416513).Document filed by Trans-Porte, Inc., Trans-Porte, Inc, Juan Yubi Bunay. (Attachments: #1 Exhibit Martinez Removal Ex A S and VC(287389566.1), #2 Exhibit Martinez Removal Ex B stip ext time to answer(287389570.1), #3 Exhibit Martinez Removal Ex C verif Answer(287389579.1), #4 Exhibit Martinez Removal Ex D B of P- combined demands(287389587.1), #5 Exhibit Martinez Removal Ex E pl verif B of P, #6 Exhibit Martinez Removal Ex F AOSs(287390716.1), #7 Exhibit Martinez Removal Ex G Requests for Judicial Intervention and a Court Con..., #8 Exhibit Martinez Removal Ex H PCO).(Robinson, Noelle)

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Plaintiff: Andres Martinez
Represented By: Judd F. Kleeger
Represented By: Noah Seth Reiss
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Defendant: Trans-Porte, Inc
Represented By: Noelle Genene Robinson
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Defendant: Trans-Porte, Inc. doing business as U.S. Foods, Inc.
Represented By: Noelle Genene Robinson
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Defendant: Juan Yubi Bunay
Represented By: Noelle Genene Robinson
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