Dalmida v. Ryder Truck Rental, Inc. et al
| Eugene Dalmida |
| Ryder Truck Rental, Inc. and Joshua Peters |
| 1:2023cv09907 |
| November 9, 2023 |
| US District Court for the Southern District of New York |
| Robert W Lehrburger |
| Motor Vehicle |
| 28 U.S.C. § 1332 tm Diversity-Tort/Motor Vehicle (P.I.) |
| Plaintiff |
Docket Report
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Filing 24
ORDER. Pursuant to the parties' consent, this case has been referred to me for all purposes. The dates identified by the parties in their proposed case schedule and management plan previously submitted to Judge Woods are acceptable to the Court. Accordingly, by January 8, 2024, the parties shall file a proposed case schedule and management plan using this Court's form, available on the SDNY website page for Judge Lehrburger, for doing so. At this time the Court does not anticipate the need to hold an initial pretrial conference prior to entry of the case schedule and management plan. If, however, the parties believe it would be useful to conduct a conference, they shall so notify the Court in writing. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (Stefanovic, Sophia)
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Filing 23
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: by Eugene Dalmida, Joshua Peters, Ryder Truck Rental, Inc. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robert W. Lehrburger. IT IS ORDERED: This case is referred to a United States Magistrate Judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Cic. P. 73. (Signed by Judge Gregory H. Woods on 12/28/2023).(ama)
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| Filing 22 NOTICE of Notice, Consent, and Reference of a Civil Action to a Magistrate Judge. Document filed by Eugene Dalmida..(Rooi, Imro) |
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Filing 21
ORDER: In their proposed case management plan and scheduling order, the parties indicated that they consented to proceeding before a magistrate judge. Dkt. No. 17. At the December 22, 2023 conference, the parties confirmed that they consented to proceeding before a magistrate judge. During the conference, the Court provided a detailed explanation of how the parties could file therequired form indicating their consent. The Court has not yet received the required form indicating consent. If the parties do not submit the consent form by December 29, 2023, they are ordered to submit a joint letter to the Court by December 29, 2023 containing proposals for the date on which Court should reschedule the initial pretrial conference. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/26/2023) (ama)
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 12/22/2023. (Court Reporter present) (wv) |
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Filing 20
ORDER. Earlier today, the parties filed a letter addressed to "Hon. Magistrate Judge Gregory H. Woods" stating that they consent to proceed before him in this case. Judge Woods is a district judge, not a magistrate judge. Therefore, the parties need not consent to proceed before him. That is the default rule. To the extent that the parties intended to consent to proceed before the assigned magistrate judge, the Court directs the parties to the instructions in the Court's November 30, 2023 order. Dkt. No. 15. That order explains the process by which the parties may consent to proceedings before the assigned magistrate judge, which involves the completion and submission of the consent form identified in that order. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory)
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| Filing 19 LETTER addressed to Judge Gregory H. Woods from Plaintiff and Defendant Counsel dated 12/19/2023 re: Letter consenting to proceed before Judge Woods. Document filed by Eugene Dalmida..(Rooi, Imro) |
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Filing 18
ORDER: On November 30, 2023 the Court directed the parties to confer as to whether they consent to proceeding before the assigned Magistrate Judge, and to submit either an executed consent form or a joint letter no later than December 14, 2023. Dkt. No. 15. Neither document has been submitted. Accordingly, the parties are directed to comply with the Court's November 30, 2023 order forthwith, and in no event later than December 19, 2023. (Signed by Judge Gregory H. Woods on 12/15/2023) (rro)
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| Filing 17 PROPOSED CASE MANAGEMENT PLAN..(jca) |
| Filing 16 LETTER addressed to Judge Gregory H. Woods from Plaintiff and Defendant Counsel dated December 7, 2023 re: Joint Status Letter. Document filed by Eugene Dalmida..(Rooi, Imro) |
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Filing 15
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 must 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 both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a "Proposed Consent to Jurisdiction by US Magistrate Judge," and be described using the "Proposed Consent to Jurisdiction by US Magistrate Judge" filing event in accordance with ECF Rule 13.27. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order 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 Gregory H. Woods on 11/30/2023) (rro)
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| Filing 14 NOTICE OF APPEARANCE by Imro M. Rooi on behalf of Eugene Dalmida..(Rooi, Imro) |
| Filing 13 DEMAND for Trial by Jury. Document filed by Eugene Dalmida.(Salomon, Michael) |
| Filing 12 NOTICE OF APPEARANCE by Michael Lawrence Salomon on behalf of Eugene Dalmida..(Salomon, Michael) |
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Filing 11
ORDER This action was removed from the Supreme Court of the State of New York, County of Bronx, on November 14, 2023. Dkt. No. 8. Pursuant to Fed. R. Civ. P. 81(c)(3), if any party wishes to demand a jury trial in this matter, the demand must be served and filed no later than November 28, 2023. Additionally, counsel for Plaintiff is directed to promptly file a notice of appearance in this case. Counsel for Defendant is directed to serve a copy of this order on Plaintiff, and to retain proof of service. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/14/2023) (jca)
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Filing 10
NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be conducted by telephone. (And as further set forth herein.) SO ORDERED. Initial Conference set for 12/22/2023 at 11:00 AM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 11/14/2023) (jca)
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| Filing 9 CIVIL COVER SHEET filed..(Pfuhler, Robert) |
| Filing 8 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 804040/2023E..Document filed by Joshua Peters, Ryder Truck Rental, Inc.. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Defendants' Answer, #3 Exhibit Plaintiff's Response to Statement of Damages).(Pfuhler, Robert) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert Joseph Pfuhler. 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 Bronx. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Robert Joseph Pfuhler to RE-FILE Document No. #5 Civil Cover Sheet. The filing is deficient for the following reason(s): Signature Error. Form is not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(vf) |
| Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. 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. (vf) |
| Civil Case Opening Fee Payment: for #8 Notice of Removal,. Filing fee $ 402.00, receipt number ANYSDC-28567164..(Pfuhler, Robert) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Joshua Peters, Ryder Truck Rental, Inc...(Pfuhler, Robert) |
| Filing 6 NOTICE of Notice of Filing re: #4 Notice of Removal, #5 Civil Cover Sheet. Document filed by Joshua Peters, Ryder Truck Rental, Inc...(Pfuhler, Robert) |
| Filing 5 FILING ERROR - DEFICIENT - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Pfuhler, Robert) Modified on 11/14/2023 (vf). |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - NOTICE OF REMOVAL from Supreme Court, County of Richmond. Case Number: 804040/2023E..Document filed by Joshua Peters, Ryder Truck Rental, Inc...(Pfuhler, Robert) Modified on 11/13/2023 (vf). |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Robert Joseph Pfuhler. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robert Joseph Pfuhler to RE-FILE Document No. #1 Notice (Other). The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct,The PDF reflects Case No. Error; the wrong event type was used to file the pleading. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 11/20/2023. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robert Joseph Pfuhler to RE-FILE Document No. #4 Notice of Removal. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Docket Entry Error: enter the State Court when prompted in ECF. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 11/20/2023. (vf) |
| Filing 3 NOTICE of Notice of Filing re: #1 Notice (Other), #2 Rule 7.1 Corporate Disclosure Statement. Document filed by Joshua Peters, Ryder Truck Rental, Inc...(Pfuhler, Robert) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Joshua Peters, Ryder Truck Rental, Inc.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Pfuhler, Robert) |
| Filing 1 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Removal. Document filed by Joshua Peters, Ryder Truck Rental, Inc.. (Attachments: #1 Exhibit Summons & Complaint, #2 Exhibit Defendants' Answer, #3 Errata Pltf's Response to Demand for Statement of Damages).(Pfuhler, Robert) Modified on 11/13/2023 (vf). |
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