Abreu Bautista v. Pagan-Rodriguez et al
| Yeiro Jose Abreu Bautista and Julio A Monserrate Rivera |
| Angel Luis Pagan-Rodriguez, Ryder Truck Rental, Inc., Kenneth O. Lester Company, Inc. and PFG Transco, Inc. |
| 1:2024cv00631 |
| January 29, 2024 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Motor Vehicle |
| 28 U.S.C. § 1332 pi Diversity-Personal Injury |
| Defendant |
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Filing 18
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Any motion to amend or to join additional parties shall be filed no later than April 25, 2024. The parties agree that there is need for expert discovery. All expert discovery, including reports, production of underlying documents, and depositions, shall be completed no later than September 26, 2024. This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 7 days. The parties shall file a joint letter no later than Friday, March 29, 2024, informing the Court of their proposal and/or positions with respect to adding parties as defendants and/ or third party defendants, as well as the possible dismissal of Ryder from this action. Any party seeking a protective order, if unable to secure the consent of all other parties, shall file a motion for a protective order pursuant to Rule 26(c) no later than April 5, 2024. Any opposition shall be filed by April 12, 2024. The next pretrial conference is scheduled for August 6, 2024 at 9:00 a.m. Unless and until the Court orders otherwise, the conference will be held remotely by telephone in accordance with Paragraph 2.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. SO ORDERED. Motions due by 4/25/2024. Responses due by 4/12/2024 Deposition due by 9/26/2024. Fact Discovery due by 7/26/2024. Expert Discovery due by 9/26/2024. Telephone Conference set for 8/6/2024 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 3/26/2024) (vfr)
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| Filing 17 NOTICE OF APPEARANCE by Robert L Astrachan on behalf of Julio A Monserrate Rivera..(Astrachan, Robert) |
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Filing 16
MEMO ENDORSEMENT on re: (15 in 1:24-cv-00631-JMF) Proposed Case Management Plan, filed by Kenneth O. Lester Company, Inc., Angel Luis Pagan-Rodriguez, PFG Transco, Inc., Ryder Truck Rental, Inc., ENDORSEMENT: The initial pretrial conference will be held, but is rescheduled for 3:00 p.m. on the same day, March 26, 2024. The call-in information remains the same. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/21/2024) ( Initial Conference set for 3/26/2024 at 03:00 PM before Judge Jesse M. Furman.) Filed In Associated Cases: 1:24-cv-00631-JMF, 1:24-cv-00743-JMF (ks)
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| Filing 15 PROPOSED CASE MANAGEMENT PLAN. Document filed by Kenneth O. Lester Company, Inc., PFG Transco, Inc., Angel Luis Pagan-Rodriguez, Ryder Truck Rental, Inc.. (Attachments: #1 Proposed Order Proposed Case Mgt Plan & Scheduling Order).(Caccamo-Bobchin, Peter) |
| Filing 14 CERTIFICATE of Counsel by Peter Caccamo-Bobchin on behalf of Kenneth O. Lester Company, Inc., PFG Transco, Inc., Angel Luis Pagan-Rodriguez, Ryder Truck Rental, Inc.. Re: #13 Order,,,,,,,. (Attachments: #1 Exhibit Ex A - Service of 3-18-24 Order, #2 Exhibit Ex B - Acknowledgments of Receipt of Order).(Caccamo-Bobchin, Peter) |
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Filing 13
ORDER. Counsel are reminded that, per the Court's earlier Scheduling Order, they must submit their proposed case management plan and joint letter by the Thursday prior to the upcoming conference. The parties should indicate in their joint letter whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not (or if the Court concludes that, the parties views notwithstanding, a conference should be held), the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. Unless and until the Court orders otherwise, however, the conference will proceed and will do so on the date and time previously set. In the event a conference is held, the parties should join it by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Further, counsel should review and comply with the procedures for telephone conferences set forth in the Court's Individual Rules and Practices for Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, including Rule 3(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. Defendants shall serve a copy of this Order on Plaintiffs in the two consolidated cases and file proof of service on the docket. Counsel for Plaintiffs in each of the consolidated cases shall promptly file notices of appearance on the docket. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/18/24) (yv)
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| Filing 12 NOTICE OF APPEARANCE by Joan Elizabeth Abreu on behalf of Yeiro Jose Abreu Bautista..(Abreu, Joan) |
| Filing 11 CERTIFICATE of Counsel by Peter Caccamo-Bobchin on behalf of Kenneth O. Lester Company, Inc., PFG Transco, Inc., Angel Luis Pagan-Rodriguez, Ryder Truck Rental, Inc.. Re: #8 Order,,, #9 Certificate of Counsel. Supp Aff of Service (Attachments: #1 Exhibit Email to Counsel).(Caccamo-Bobchin, Peter) |
| Filing 10 ANSWER to Complaint with JURY DEMAND. Document filed by Kenneth O. Lester Company, Inc., PFG Transco, Inc., Angel Luis Pagan-Rodriguez, Ryder Truck Rental, Inc...(Caccamo-Bobchin, Peter) |
| Filing 9 CERTIFICATE of Counsel by Peter Caccamo-Bobchin on behalf of Angel Luis Pagan-Rodriguez, Ryder Truck Rental, Inc.. Aff of Service (Attachments: #1 Exhibit Email to Atty Abreu).(Caccamo-Bobchin, Peter) |
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Filing 8
ORDER. It is hereby ordered that pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, they are consolidated under the case number 24-CV-631. The initial pretrial conference, already scheduled for the same date and time in both actions, will proceed as previously ordered. 24-CV-631, ECF No. 4; 24-CV-743, ECF No. 8. It is further ORDERED that the Defendants in the action currently captioned 24-CV-631, in which no appearance has been entered on behalf of Plaintiff on the federal court docket, shall promptly serve a copy of this Order on Plaintiff Yeiro Jose Abreu Bautista and file proof of service on the docket. The Clerk of court is directed to consolidate 24-CV-631 and 24-CV-743 under case number 24-CV-631, and to close 24-CV-743. All future filings should be made in 24-CV-631 alone. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/14/24) Filed In Associated Cases: 1:24-cv-00631-JMF, 1:24-cv-00743-JMF (yv)
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| Filing 7 ANSWER to Complaint with JURY DEMAND. Document filed by Angel Luis Pagan-Rodriguez, Ryder Truck Rental, Inc...(Caccamo-Bobchin, Peter) |
| Filing 6 CERTIFICATE of Counsel by Peter Caccamo-Bobchin on behalf of Angel Luis Pagan-Rodriguez, Ryder Truck Rental, Inc.. Proof of Service of Text Order (Attachments: #1 Exhibit Email to counsel).(Caccamo-Bobchin, Peter) |
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Filing 5
ORDER. As of this Order, no motion for consolidation has been filed, but 24-CV-743 has been accepted by the Court as related to 24-CV-631, and the cases appear to involve common questions of law and fact. The Court is inclined to consolidate the cases pursuant to Rule 42 of the Federal Rules of Civil Procedure for all purposes. Any party who objects to such consolidation shall file a letter brief, not to exceed three single-spaced pages, by February 13, 2024. If no party files a letter opposing consolidation, the Court will consolidate the two cases without further notice to the parties. It is further ORDERED that Defendants shall promptly serve a copy of this Order on each of the Plaintiffs and file proof of service on the docket. SO ORDERED (Signed by Judge Jesse M. Furman on 2/6/24) (yv)
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Filing 4
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on March 26, 2024 at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Initial Conference set for 3/26/2024 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 2/5/2024) (rro)
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| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Barbara C. Moses to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (tro) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Kenneth M. Karas is no longer assigned to the case..(tro) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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 Victoria Reznik 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) |
| Case Designated ECF. (vf) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ryder System, Inc. for Ryder Truck Rental, Inc.. Document filed by Ryder Truck Rental, Inc...(Caccamo-Bobchin, Peter) |
| Filing 2 CIVIL COVER SHEET filed..(Caccamo-Bobchin, Peter) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 820509/2023E. (Filing Fee $ 405.00, Receipt Number ANYSDC-28874143).Document filed by Ryder Truck Rental, Inc., Angel Luis Pagan-Rodriguez. (Attachments: #1 Exhibit Ex A - State Court Complaint).(Caccamo-Bobchin, Peter) |
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