Nunez et al v. UPS Ground Freight, Inc. et al
| Victorino D J Nunez, Alicia Lora De Fernandez and Jennifer Pimentel |
| T-Force Freight Inc. i/s/h/a UPS Ground Freight, Inc., Herbert Williams, UPS Ground Freight, Inc. and John Doe |
| 1:2024cv02600 |
| April 5, 2024 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Motor Vehicle |
| 28 U.S.C. § 1441 tm Petition for Removal- Tort/Motor Vehicle ( |
| Both |
Docket Report
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This docket was last retrieved on July 29, 2024. A more recent docket listing may be available from PACER.
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| Filing 19 CIVIL CASE MANAGEMENT PLAN: All parties do not consent to conduction all further proceedings before a United States Magistrate Judge, including motions and trial. Motions to amend of join additional parties due by 6/21/2024. Deposition due by 11/4/2024. Fact Discovery due by 9/20/2024. Expert Discovery due by 11/4/2024. Pretrial Conference set for 9/25/2024 at 09:00 AM before Judge Jesse M. Furman. The initial pretrial conference scheduled for May 22, 2024 is hereby CANCELED. The parties should note the date of the next pretrial conference and the deadline for their next joint letter on the previous page. (Signed by Judge Jesse M. Furman on 5/15/2024) (tro) |
| Filing 18 PROPOSED CASE MANAGEMENT PLAN. Document filed by Victorino D J Nunez..(Jean-Jacques, Michelle) |
| Filing 17 JOINT LETTER addressed to Judge Jesse M. Furman from Michelle Jean-Jacques, Esq. dated May 15, 2024 re: Initial Conference on May 22, 2024 at 9:00am.. Document filed by Victorino D J Nunez..(Jean-Jacques, Michelle) |
Filing 16
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. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/13/24) (yv)
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| Filing 15 AMENDED NOTICE OF REMOVAL against Alicia Lora De Fernandez, Victorino D J Nunez, Jennifer Pimentel; amending #1 Notice of Removal, with JURY DEMAND.Document filed by UPS Ground Freight, Inc., John Doe. Related document: #1 Notice of Removal,. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Defendant's Answer, #3 Exhibit C - Demand for Damages, #4 Exhibit D - Plaintiff's Bill of Particulars, #5 Exhibit E - Plaintiff's Response to Demand for Damages).(Schwartz, Bryan) |
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Filing 14
MEMO ENDORSEMENT on re: #11 Letter, filed by UPS Ground Freight, Inc., John Doe ENDORSEMENT The above letter and its attachments present "facts that would support a colorable claim of jurisdiction" and therefore make a "threshold showing for some basis to assert [diversity] jurisdiction." Mills 2011 LLC v. Synovus Bank, 921 F. Supp. 2d 219, 228 (S.D.N.Y. 2013) (Nathan, J.). Although Plaintiffs argue that Defendants have failed to establish diversity of citizenship, Plaintiffs neither dispute that they are each citizens of New York nor offer any evidence to the contrary. Accordingly, no later than May 7, 2024, Defendants shall file an amended notice of removal properly alleging the citizenship of each party to this action. If, by that date, Defendants do not file an amended notice of removal establishing this Court's subject matter jurisdiction, the Court will remand the case without further notice to any party. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/1/2024) (jca)
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| Filing 13 LETTER addressed to Judge Jesse M. Furman from Kesete Taye, Plaintiff Attorney dated 4/29/2024 re: Plaintiff Responsive letter to Order to Show Cause. Document filed by Alicia Lora De Fernandez, Victorino D J Nunez, Jennifer Pimentel..(Taye, Kesete) |
| Filing 12 NOTICE OF APPEARANCE by Kesete Taye on behalf of Alicia Lora De Fernandez, Victorino D J Nunez, Jennifer Pimentel..(Taye, Kesete) |
| Filing 11 FIRST LETTER addressed to Judge Jesse M. Furman from BRYAN T. SCHWARTZ, ESQ. dated April 22, 2024 re: response to Court's 4.9.24 Order (Doc.#7). Document filed by John Doe, UPS Ground Freight, Inc.. (Attachments: #1 Exhibit A - Authorizations).(Schwartz, Bryan) |
| Filing 10 AFFIDAVIT OF SERVICE of April 9, 2024 Order served on Harmon, Linder & Rogowsky on April 15, 2024. Service was made by mail. Document filed by John Doe, UPS Ground Freight, Inc...(Schwartz, Bryan) |
| Filing 9 NOTICE OF APPEARANCE by Michelle Jean-Jacques on behalf of Victorino D J Nunez..(Jean-Jacques, Michelle) |
| Filing 8 AFFIDAVIT OF SERVICE of Notice of Initial PreTrial Conference and Court's Individual Rules and Practices served on Harmon, Linder & Rogowsky on April 12, 2024. Service was made by mail. Document filed by UPS Ground Freight, Inc...(Schwartz, Bryan) |
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Filing 7
ORDER TO SHOW CAUSE. It is hereby ORDERED that Defendants show cause in writing, in a letter brief not to exceed five pages, by April 23, 2024, why this case should not be remanded to the Supreme Court of New York, Bronx County. Plaintiffs may file a responsive letter, not to exceed five pages, within one week of Defendants letter. If Defendants fail to show cause or does not file anything by the deadline, the Court will remand the case without further notice to the parties. Finally, Defendants are directed to serve a copy of this Order on Plaintiffs and to file proof of such service on the docket, within two business days of this Order. Counsel for Plaintiffs are directed to file a notice of appearance on the docket within two business days of such service. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/9/24) (yv)
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Filing 6
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 May 22, 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. Within two business days of the date of this Order, Defendants are directed to serve on Plaintiffs a copy of this Order and of the Court's Individual Rules and Practices in Civil Cases, and to file proof of such service on the docket. Counsel for Plaintiffs is directed to file a notice of appearance on the docket within two business days of such service. Additionally, in accordance with Paragraph 3.D of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. SO ORDERED. ( Initial Conference set for 5/22/2024 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 4/9/24) (yv)
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| Filing 5 CIVIL COVER SHEET filed..(Schwartz, Bryan) |
| Magistrate Judge Sarah Netburn 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Bryan T. Schwartz. The party information for the following party/parties has been modified: T-Force Freight Inc. i/s/h/a UPS Ground Freight, Inc., Herbert Williams. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; alias party type was entered incorrectly;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Bryan T. Schwartz to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple citizenships for the defendant were selected. Choose one for the first listed defendant. Civil cover sheet was not signed;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Mary Kay Vyskocil is no longer assigned to the case. (tro) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bryan T. Schwartz. 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;. (pc) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by T-Force Freight Inc. i/s/h/a UPS Ground Freight, Inc., Herbert Williams..(Schwartz, Bryan) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Schwartz, Bryan) Modified on 4/8/2024 (pc). |
| Filing 2 DEMAND for Trial by Jury. Document filed by T-Force Freight Inc. i/s/h/a UPS Ground Freight, Inc., Herbert Williams.(Schwartz, Bryan) |
| Filing 1 NOTICE OF REMOVAL from Supreme, County of Bronx. Case Number: 808438/2023E. (Filing Fee $ 405.00, Receipt Number ANYSDC-29181079).Document filed by T-Force Freight Inc. i/s/h/a UPS Ground Freight, Inc., Herbert Williams. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Defendant's Answer, #3 Exhibit C - Demand for Damages, #4 Exhibit Plaintiff's Bill of Particulars, #5 Exhibit Response to Demand for Damages).(Schwartz, Bryan) |
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