Smith v. Roadie, Inc. et al
| Amber Smith |
| United Parcel Service, Inc. and Roadie, Inc. |
| 1:2024cv00364 |
| January 17, 2024 |
| US District Court for the Southern District of New York |
| Gabriel W Gorenstein |
| Victor Marrero |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 5, 2024. A more recent docket listing may be available from PACER.
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Filing 14
SCHEDULING ORDER: Amended Pleadings due by 4/5/2024. Joinder of Parties due by 4/5/2024. Motions due by 9/18/2024. Deposition due by 8/6/2024. Discovery due by 9/11/2024. The Parties best estimate for length of trial is 4 days, and Plaintiff has requested a jury trial. The Parties believe that mediation may be appropriate at or around the time of Plaintiff's deposition. Counsel shall confer with one another by telephone or in person within 30 days of thedate of this Order regarding production of electronically stored information (ESI),including but not limited to sources of relevant ESI; steps taken or to be taken to preserve relevant ESI; identification of appropriate custodians; ESI search and review procedures; form of production of ESI; and any limitations or anticipated difficulties regarding discovery or production of ESI. All discovery (including requests for admission and any applications to the Court with respect to the conduct of discovery) must be initiated in time to be concluded by the deadline for all discovery. Any application for an extension of the time limitations herein must be made as soon as the cause for the extension becomes known to the party making the application and in accordance with this Court's Individual Practices. Any application not in compliance with this paragraph will be denied. To the extent a party expects to produce electronically stored information, the parties shall promptly discuss the protocols for the search and review of such material. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/05/2024) (ama)
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| Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Initial Pretrial Conference held on 3/5/2024. (cf) |
| Filing 13 PROPOSED SCHEDULING ORDER. Document filed by Roadie, Inc., United Parcel Service, Inc...(Tucker, MaKenna) |
| Filing 12 NOTICE OF APPEARANCE by Erdal Ayhan Turnacioglu on behalf of Amber Smith..(Turnacioglu, Erdal) |
| Filing 11 CERTIFICATE OF SERVICE of Notice of Removal and Court Order served on Amber Smith through Counsel on January 31, 2024. Service was made by Mail. Document filed by Roadie, Inc., United Parcel Service, Inc...(Tucker, MaKenna) |
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Filing 10
ORDER: Defendants Roadie, Inc. and United Parcel Service, Inc. have filed a defective certificate of service (Docket # 1 at page 6 of 6) inasmuch as the certificate states that the Court's CM/ECF system "will automatically notify all parties or counsel of record." In fact, because this case was removed, the CM/ECF system cannot give notice to the plaintiff or plaintiff's counsel. Defendants are directed to make proper service of the notice of removal forthwith and to file a certificate of service on or before February 2, 2024. Defendants shall serve a copy of this Order on plaintiff's attorney forthwith as well. Plaintiff's attorney is directed to file a notice of appearance on or before February 16, 2024. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/31/2024) (ama)
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Filing 9
ORDER FOR CONFERENCE PURSUANT TO RULE 16: This action is scheduled for an initial case management conference by telephone pursuant to Fed. R. Civ. P. 16(a), on March 5, 2024 at 11:00 a.m. At that time, the parties shall dial 646-453-4442 using access code 848 850 185# (The public may also dial in but will be permitted only to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden. As described below, the parties must also file a proposed scheduling order two business days before the conference date, or March 1, 2024. As further set forth by this Order. SO ORDERED. Initial Conference set for 3/5/2024 at 11:00 AM before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/31/2024) (tg)
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Filing 8
ORDER The Court's January 29, 2024 Order directing the parties to submit a joint letter and a completed Case Management Plan (Dkt. No. 6) is hereby VACATED. The Court refers the parties to Magistrate Judge Gabriel Gorenstein for all pretrial supervision, consistent with the Court's referral order. (Dkt. No. 7.) SO ORDERED. (Signed by Judge Victor Marrero on 1/30/2024) (jca)
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Filing 7
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 Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge Victor Marrero on 1/29/2024) (jca)
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Filing 6
Vacated as per Judge's Order dated 1/30/2024, Doc. # 8 ORDER A Complaint in the above-captioned matter was filed by Plaintiff Amber Smith ("Smith") in the Supreme Court of the State of New York, for the County of New York, on December 4, 2023. Defendants Roadie, Inc. ("Roadie") and United Parcel Service Inc. ("UPS") filed a Notice of Removal to this Court on January 17, 2024. (Dkt. No. 1.) On January 24, 2024, Roadie and UPS filed an Answer to the Complaint. (Dkt. No. 5.) Plaintiff Smith and Defendants Roadie and UPS are hereby directed to submit a joint letter, within thirty (30) days of the date of this Order, addressing the following in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s); (2) any contemplated motions; (3) the prospect for settlement; and (4) whether the parties consent to proceed for all purposes before the Magistrate Judge designated for this action. The parties are also directed to submit a completed Case Management Plan that provides that discovery is to be completed within four months unless otherwise permitted by the Court. A model Case Management Plan is attached hereto and is also available on the Court's website: https://nysd.uscourts.gov/hon-victor-marrero. SO ORDERED. (Signed by Judge Victor Marrero on 1/29/2024) (jca) Modified on 1/30/2024 (jca).
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| Filing 5 ANSWER to Complaint. Document filed by Roadie, Inc., United Parcel Service, Inc...(Tucker, MaKenna) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent United Parcel Service, Inc. for Roadie, Inc.. Document filed by Roadie, Inc...(Tucker, MaKenna) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent United Parcel Service, Inc. for United Parcel Service, Inc.. Document filed by United Parcel Service, Inc...(Tucker, MaKenna) |
| Filing 2 CIVIL COVER SHEET filed..(Tucker, MaKenna) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney MaKenna Tucker. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| Magistrate Judge Judith C. McCarthy 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. (jgo) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Gabriel W. Gorenstein to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (tro) |
| Case Designated ECF. (jgo) |
| NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Cathy Seibel is no longer assigned to the case. (tro) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 161730/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-28823425).Document filed by United Parcel Service, Inc., Roadie, Inc.. (Attachments: #1 Exhibit A).(Tucker, MaKenna) |
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