Ashford et al v. U.S. Food Service et al
| Cassandra Ashford and John Edward Johnson |
| U.S. Food Service and Alfred Michaud |
| 1:2024cv02410 |
| March 29, 2024 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Motor Vehicle |
| 28 U.S.C. § 1332 pi Diversity-Personal Injury |
| Plaintiff |
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| Filing 9 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:24-cv-01502. Original file certified copy of transfer order and docket entries received. |
| Magistrate Judge Valerie Figueredo 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. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Lewis J. Liman. 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..(vba) |
| Case Designated ECF. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
ORDER TRANSFERRING CASE: On 3/4/2024, the Court ordered defendants to show cause why this action should not be transferred to the Southern District of New York. Defendants' #8 submission indicates that they do not oppose a transfer. For the reasons stated in the 3/4/2024 Order to Show Cause, the Court finds that the proper venue in this action is the Southern District of New York. The Clerk of Court is respectfully directed to transfer this action to the Southern District of New York. The provision of Rule 83.1 of the Local Rules of the Eastern District of New York, which requires a seven-day delay, is waived. Ordered by Judge Rachel P. Kovner on 3/22/2024. (SP) [Transferred from New York Eastern on 3/29/2024.]
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| Filing 8 AFFIDAVIT/AFFIRMATION re Order to Show Cause,,,,,, by Alfred Michaud, U.S. Food Service (Heck, Anthony) [Transferred from New York Eastern on 3/29/2024.] |
| Filing 7 DEMAND for Trial by Jury by Cassandra Ashford, John Edward Johnson (Wolff, Robert) [Transferred from New York Eastern on 3/29/2024.] |
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Filing 6
SCHEDULING ORDER: An Initial Conference will be held in this case on May 7, 2024 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Counsel are directed to the annexed Initial Conference Order for instructions. By May 1, 2024, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Defendants' counsel is directed to ensure that Plaintiffs are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 3/4/2024. (RO) [Transferred from New York Eastern on 3/29/2024.]
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ORDER TO SHOW CAUSE: Defendants removed this action from state court, but the #1 notice of removal and attached [1-1] complaint do not establish that venue is proper in the Eastern District of New York. Under the general venue statute, a civil action may be brought in "a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located" or in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred." 28 U.S.C. 1391(b)(1)-(2). The notice of removal alleges that defendant Alfred Michaud is a resident of New Jersey and that defendant US Foods, Inc. is a resident of Illinois and Delaware. #1 Notice of Removal 5-6. The complaint alleges that plaintiffs' injuries arise from an accident that occurred on "[F]ifth Avenue" and "West 141st Street" in "the County of New York, City and State of New York." [1-1] Compl. 10. New York County is located in the Southern District of New York. Accordingly, defendants shall show cause in writing by 3/25/2024 why this action should not be transferred to the Southern District of New York. See 28 U.S.C. 1406(a) ("The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought."). Failure to respond will likely result in the transfer of this action. Ordered by Judge Rachel P. Kovner on 3/4/2024. (SP) [Transferred from New York Eastern on 3/29/2024.]
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) [Transferred from New York Eastern on 3/29/2024.] |
| Filing 4 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD) [Transferred from New York Eastern on 3/29/2024.] |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (KD) [Transferred from New York Eastern on 3/29/2024.] |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) [Transferred from New York Eastern on 3/29/2024.] |
| Filing 3 Civil Cover Sheet.. Re #2 Corporate Disclosure Statement, #1 Notice of Removal, by Alfred Michaud, U.S. Food Service (Heck, Anthony) [Transferred from New York Eastern on 3/29/2024.] |
| Filing 2 Corporate Disclosure Statement by Alfred Michaud, U.S. Food Service identifying Corporate Parent US Foods Holding Corp. for U.S. Food Service. (Heck, Anthony) [Transferred from New York Eastern on 3/29/2024.] |
| Filing 1 NOTICE OF REMOVAL by Alfred Michaud, U.S. Food Service from Supreme Kings, case number 527014/2023. ( Filing fee $ 405 receipt number ANYEDC-17616650) (Attachments: #1 Exhibit Complaint, #2 Exhibit Police Report, #3 Exhibit Answer, #4 Exhibit Plaintiff's Demand) (Heck, Anthony) [Transferred from New York Eastern on 3/29/2024.] |
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