Torres et al v. Saia Motor Freight Line LLC et al
| Ana Torres, Rafael Espinal and Teresa De Los Santos |
| Saia Motor Freight Line LLC and Kevin Robertson |
| 1:2024cv01301 |
| February 21, 2024 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.
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Filing 12
ORDER: This matter has been referred for settlement. Dkt. No. 11. Should the Parties wish to schedule a settlement conference, the Parties are directed to contact Courtroom Deputy Christopher Davis via email at WillisNYSDChambers@nysd.uscourts.gov to provide at least three mutually agreeable dates. Any conference will be held in person at Courtroom 228, 40 Foley Square, New York, New York. The Parties are directed to file a status letter by October 1, 2024 at the latest advising this Court as to whether a settlement conference would be productive. Parties must attend in person with their counsel. Corporate Parties must send the person with decision-making authority to settle the matter to the conference. The Parties are required to prepare pre-conference submissions in accordance with Judge Willis's Standing Order for All Cases Referred for Settlement. These letters must be submitted five business days prior to the date of the conference. See 3 of the Standing Order, ("no later than 5 business days before the conference, counsel for each party must send the Court by email a letter, marked "Confidential Material for Use Only at Settlement Conference," which should not be sent to the other parties. The letter should be sent to WillisNYSDChambers@nysd.uscourts.gov. This ex parte letter must not exceed 3 pagesThe letter should include, at a minimum, the following: (a) the history of settlement negotiations, if any, including any prior offers or demands; (b) your evaluation of the settlement value of the case and the rationale for it; (c) any case law authority in support of your settlement position; and (d) any other facts that would be helpful to the Court in preparation for the conference."). The Parties are also required to jointly fill out the attached form and submit it via email at least five business days prior to the conference. Finally, should either Party wish to discuss a possible declaration of bankruptcy, a limited ability to pay an award, or lack of access to cash to fund a settlement, the Parties are strongly encouraged to discuss such issues with opposing counsel prior to the settlement conference and to provide documents in their confidential ex parte letters that speak to their financial condition. SO ORDERED. (Signed by Magistrate Judge Jennifer E. Willis on 4/5/2024) (tg)
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| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephonic Initial Pretrial Conference held on 4/4/2024. (ajs) |
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Filing 11
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Jennifer E. Willis. Counsel for plaintiff is directed to contact the Magistrate Judge's chambers to schedule a settlement conference on a mutually agreeable date at such time that the parties agree a conference would be useful. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/4/2024) (va)
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Filing 10
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge,including motions and trial. This case is to be tried to a jury. Fact Discovery due by 10/1/2024. Deposition due by 7/31/2024. Expert Discovery due by 11/15/2024. Counsel for the parties have conferred and their present best estimate of the length of trial is 5-7 days. Case Management Conference set for 11/4/2024 at 04:00 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 4/4/2024) (va)
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| Filing 9 JOINT LETTER addressed to Judge Paul A. Engelmayer from Joshua H. Abramson, Esq. dated March 29, 2024 re: describing the case, any contemplated motions, and the prospect for settlement. Document filed by Kevin Robertson, Saia Motor Freight Line LLC..(Abramson, Joshua) |
| Filing 8 PROPOSED CASE MANAGEMENT PLAN. Document filed by Kevin Robertson, Saia Motor Freight Line LLC..(Abramson, Joshua) |
| Filing 7 LETTER addressed to Judge Paul A. Engelmayer from Joshua H. Abramson, Esq. dated March 27, 2024 re: Basis for diversity jurisdiction. Document filed by Kevin Robertson, Saia Motor Freight Line LLC..(Abramson, Joshua) |
| Filing 6 NOTICE OF APPEARANCE by Jason M. Bernstein on behalf of Teresa De Los Santos, Rafael Espinal..(Bernstein, Jason) |
| Filing 5 NOTICE OF APPEARANCE by Jason M. Bernstein on behalf of Ana Torres..(Bernstein, Jason) |
| Filing 4 NOTICE OF INITIAL PRETRIAL CONFERENCE: An initial pretrial conference is hereby scheduled for April 4, 2024 at 4 p.m. This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Initial Conference set for 4/4/2024 at 04:00 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 3/14/2024) (va) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joshua Hale Abramson. 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. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(sj) |
| Magistrate Judge Jennifer Willis 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Saia Inc. for Saia Motor Freight Line LLC. Document filed by Kevin Robertson, Saia Motor Freight Line LLC..(Abramson, Joshua) |
| Filing 2 CIVIL COVER SHEET filed..(Abramson, Joshua) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Bronx. Case Number: 802307/2023E. (Filing Fee $ 405.00, Receipt Number ANYSDC-28974395).Document filed by Kevin Robertson, Saia Motor Freight Line LLC. (Attachments: #1 Exhibit A - Complaint in Bronx County Supreme Court, #2 Exhibit B - Answer in Bronx County Supreme Court, #3 Exhibit C - Stipulation to Amend Answer and Amended Answer and Counterclaims in Bronx Supreme Court).(Abramson, Joshua) |
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