Bautisa v. TAP Air Portugal
Plaintiff: Javier Bautisa
Defendant: TAP Air Portugal
Case Number: 1:2024cv00503
Filed: January 24, 2024
Court: US District Court for the Southern District of New York
Presiding Judge: Jennifer L Rochon
Nature of Suit: Airplane
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: None
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Docket Report

This docket was last retrieved on April 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 22, 2024 MAILING RECEIPT: Document No: 19. Mailed to: Javier Bautisa 1441 Edward L. Grant Highway Apartment 2A Bronx, NY 10452. (sha)
March 21, 2024 Opinion or Order Filing 19 ORDER WITH RESPECT TO APPLICATION TO WITHDRAW AS ATTORNEY granting #18 LETTER MOTION to Substitute Attorney. Old Attorney: Jessica Drury, New Attorney: David Dinoso. Pursuant to Joint Local Civil Rule 1.4 of the United States District Courts for the Southern and Eastern Districts of New York, the Court hereby grants the application of Jessica Drury to withdraw as counsel to TAP Air Portugal. Thomas H. Curran Associates, LLC represents TAP Air Portugal and David M. Dinoso of Thomas H. Curran Associates, LLC is successor counsel. SO ORDERED. Attorney Jessica Drury terminated. (Signed by Judge Jennifer L. Rochon on 3/21/2024) (jca)
March 21, 2024 Filing 18 LETTER MOTION to Substitute Attorney. Old Attorney: Jessica Drury, New Attorney: David Dinoso addressed to Judge Jennifer L. Rochon from Jessica Drury dated 3/21/2024. Document filed by TAP Air Portugal. (Attachments: #1 Proposed Order With Respect to Application to Withdraw as Attorney, #2 Affidavit In Support of Application to Withdraw as Attorney).(Drury, Jessica)
March 20, 2024 MAILING RECEIPT: Document No: 16. Mailed to: Javier Bautisa 1441 Edward L. Grant Highway Apartment 2A Bronx, NY 10452. (sha)
March 19, 2024 Minute Entry for proceedings held before Judge Jennifer L. Rochon: Initial Pretrial Conference held on 3/19/2024. (aba)
March 19, 2024 Filing 17 CERTIFICATE OF SERVICE of Order, dated March 19, 2024 [ECF No. 16] served on JLR Bautista on 3/19/24. Service was made by Mail. Document filed by TAP Air Portugal..(Dinoso, David)
March 19, 2024 Opinion or Order Filing 16 ORDER: Given that Plaintiff is pro se, the Court will reschedule the initial pretrial conference in this case for April 9, 2024, at 12:00 p.m. in Courtroom 23B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, 10007. However, by failing to appear at a Court-ordered conference to which Plaintiff was aware, Plaintiff has wasted the time and expense of Defendant and flouted this Court's order. Plaintiff must inform the Court by April 2, 2024, if he intends to continue prosecuting this case and confirm that he will attend the conference on April 9. If Plaintiff does not confirm his continued prosecution of this matter by April 9, then the Court will adjourn the April 9 conference, and it may also dismiss Plaintiff's action without prejudice for failure to prosecute. See Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962); Feurtado v. City of New York, 225 F.R.D. 474, 477 (S.D.N.Y. 2004); see also Kotler v. Jubert, 986 F.3d 147, 156 (2d Cir. 2021). The Clerk is directed to mail a copy of this Order to Plaintiff and Defendant is directed to email and mail this Order to Plaintiff immediately. Defendant shall file proof of service of this Order. SO ORDERED. ( Initial Conference set for 4/9/2024 at 12:00 PM in Courtroom 23B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 3/19/2024) (va)
March 18, 2024 Filing 15 AFFIDAVIT OF SERVICE of Letter re: Court Order, dated March 15, 2024, [ECF No. 13] Concerning March 19, 2024 Pretrial Conference. served on JLR Bautista on 3/18/2024. Service was made by Mail. Document filed by TAP Air Portugal..(Dinoso, David)
March 18, 2024 Filing 14 LETTER addressed to Judge Jennifer L. Rochon from David Dinoso dated 3/18/2024 re: Court Order, dated March 15, 2024, [ECF No. 13] Concerning March 19. 2024 Pretrial Conference. Document filed by TAP Air Portugal..(Dinoso, David)
March 18, 2024 Mailed a copy of 13 Order, (Text Only Order), to Javier Bautisa, 1441 Edward L. Grant Highway, Apartment 2A, Bronx, NY 10452. (vn)
March 15, 2024 Opinion or Order Filing 13 ORDER. The Court requests that Defendant attempt again to contact Plaintiff and determine whether Plaintiff will attend the initial pretrial conference on March 19, 2024. Defendant shall update the Court by noon on March 18, 2024. (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (aba)
March 14, 2024 Filing 12 NOTICE OF APPEARANCE by David Michael Dinoso on behalf of TAP Air Portugal..(Dinoso, David)
March 8, 2024 Filing 11 AFFIDAVIT OF SERVICE of Letter: re: Civil Case Management Plan and Scheduling Order served on JLR Bautista on 3/8/2024. Service was made by Mail. Document filed by TAP Air Portugal..(Dinoso, David)
March 8, 2024 Filing 10 LETTER addressed to Judge Jennifer L. Rochon from David Dinoso dated 3/8/2024 re: Civil Case Management Plan and Scheduling Order. Document filed by TAP Air Portugal..(Dinoso, David)
February 22, 2024 MAILING RECEIPT: Document No: 9. Mailed to: Javier Bautisa 1441 Edward L. Grant Highway Apartment 2A Bronx, NY 10452. (nb)
February 21, 2024 Opinion or Order Filing 9 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/19/2024 at 10:30 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 2/21/2024) (jca)
February 21, 2024 MAILING RECEIPT: Document No: 8. Mailed to: Javier Bautisa 1441 Edward L. Grant Highway Apartment 2A Bronx, NY 10452. (mt)
February 20, 2024 Opinion or Order Filing 8 ORDER granting #7 Letter Motion to Reopen Case; granting #7 Letter Motion to Continue. The Court is satisfied that removal was timely based on Defendant's uncontested representation that Plaintiff never properly served Defendant. See Murphy Bros. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 347-48 (1999) (a named defendant's time to remove is not triggered "by mere receipt of the complaint unattended by any formal service"). The Court is also satisfied that it has subject-matter jurisdiction because "the Montreal Convention completely preempts state law and, therefore, confers federal-question jurisdiction." Canela v. JetBlue Airways Corp., No. 22-cv-00004 (FB), 2023 WL 1801996, at *1 n.1 (E.D.N.Y. Feb. 7, 2023); accord Singh v. N. Am. Airlines, 426 F. Supp. 2d 38, 45 (E.D.N.Y. 2006); In re Air Crash at Belle Harbor, Nos. 02-cv-04765, 02-cv-01448 (RWS), 2002 WL 31356266, at *3-5 (S.D.N.Y. Oct. 17, 2002); see also Cohen v. Am. Airlines, Inc., 13 F.4th 240, 243 (2d Cir. 2021) (per curiam) (noting, without concern, that the defendant had "removed the case to district court, contending that because the alleged incident took place aboard an airplane, the [Montreal Convention] applied, and thus the district court had federal question jurisdiction"). The Court will issue an order setting an initial conference shortly. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 2/20/2024) (jca) Modified on 2/20/2024 (jca).
February 9, 2024 Filing 7 FIRST LETTER MOTION to Reopen Case and not remand case addressed to Judge Jennifer L. Rochon from Jessica Drury, Esq. dated 02.09.2024., FIRST LETTER MOTION to Continue the case as removed addressed to Judge Jennifer L. Rochon from Jessica Drury, Esq. dated 02.09.2024.( Return Date set for 2/9/2024 at 11:55 PM.) Document filed by TAP Air Portugal. (Attachments: #1 Exhibit Court Order, 01.26.24).(Drury, Jessica)
February 9, 2024 Filing 6 NOTICE OF APPEARANCE by Jessica Drury on behalf of TAP Air Portugal..(Drury, Jessica)
January 31, 2024 MAILING RECEIPT: Document No: 4. Mailed to: Javier Bautisa 1441 Edward L. Grant Highway Apartment 2A Bronx, NY 10452. (mt)
January 29, 2024 Filing 5 CIVIL COVER SHEET filed..(Drury, Jessica)
January 26, 2024 Opinion or Order Filing 4 ORDER By February 9, 2024, Defendant shall show cause why this case should not be remanded for lack of jurisdiction because: (1) there is no federal question presented on the face of Plaintiff's pleading, see Caterpillar Inc. v. Williams, 482 U.S. 386, 392-93 (1987) ("The presence or absence of federal-question jurisdiction is governed by the 'well-pleaded complaint rule,' which provides that federal jurisdiction exists only when a federal question is presented on the face of the plaintiff's properly pleaded complaint."); and/or (2) Defendant's removal is untimely, see 28 U.S.C. 1441(b)(1) ("The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based..."); Whitaker v. Am. Telecasting, Inc., 261 F.3d 196, 204 (2d Cir. 2001) ("[A]lthough a summons with notice is not technically defined as a pleading under N.Y. C.P.L.R. 3011, and the notice has no legal effect in New York except in cases of default, we nevertheless conclude that it may constitute an initial pleading for purposes of the federal removal statute."). SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/26/2024) (jca)
January 25, 2024 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jessica Drury. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1441; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1331; the County code has been modified to XX Out of State;. (jgo)
January 25, 2024 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jessica Drury to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
January 25, 2024 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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)
January 25, 2024 Magistrate Judge Robyn F. Tarnofsky 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)
January 25, 2024 Case Designated ECF. (jgo)
January 24, 2024 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Drury, Jessica) Modified on 1/25/2024 (jgo).
January 24, 2024 Filing 1 NOTICE OF REMOVAL from New York State Civil Court, County of Bronx County. Case Number: SC-000770-22/BX. (Filing Fee $ 405.00, Receipt Number ANYSDC-28854029).Document filed by TAP Air Portugal. (Attachments: #1 Exhibit Notice of Claim and Summons to Appear, #2 Exhibit Corporate Filing of Defendant).(Drury, Jessica)

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Plaintiff: Javier Bautisa
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Defendant: TAP Air Portugal
Represented By: Jessica Drury
Represented By: David Michael Dinoso
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