Herbert v. Espinal et al
| Sherry D. Herbert and Melvon E. Herbert |
| Christoph Espinal and ARS CARGO LOGISTIC, LLC |
| 1:2024cv03604 |
| May 10, 2024 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Analisa Torres |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on May 17, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 AFFIDAVIT OF SERVICE of Petition for Removal served on MORGAN & MORGAN NY, PLLC on 5/17/2024. Service was made by Mail. Document filed by ARS CARGO LOGISTIC, LLC, Christoph Espinal..(Karan, Gail) |
| Filing 4 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 808101/2023E. (Filing Fee $ 405.00, Receipt Number ANYSDC-29367835).Document filed by Christoph Espinal, ARS CARGO LOGISTIC, LLC. (Attachments: #1 Exhibit Pleadings, #2 Exhibit Westlaw, #3 Exhibit Plaintiff's discovery response, #4 Exhibit Affidavit).(Karan, Gail) |
Filing 3
ORDER: On May 13, 2024, Defendants removed this action from Supreme Court, New York County. ECF No. 2. Although the notice of removal references exhibits containing "a copy of all process and pleadings," there are no exhibits to the removal notice. Id. Paragraph 9. Accordingly: 1. By May 20, 2024, Defendants shall file an amended notice of removal with all exhibits properly attached; 2. By May 20, 2024, Defendants shall serve this order on Plaintiffs and file proof of service on the docket. 3. By May 23, 2024, Plaintiffs shall file a letter stating whether they seek to contest removal. If so, the Court shall set a briefing schedule. SO ORDERED. ( Amended Pleadings due by 5/20/2024.) (Signed by Judge Analisa Torres on 5/16/2024) (vfr)
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| ADD PARTY FOR PLEADING. Defendants/Respondents All Defendants added. Party added pursuant to #2 Notice of Removal.Document filed by ARS CARGO LOGISTIC, LLC. Related document: #2 Notice of Removal..(Karan, Gail) |
| Case Designated ECF. (vf) |
| Magistrate Judge Stewart D. Aaron 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gail Susan Karan. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); Cause of Action code 28:1331au Fed. Question: Auto Negligence; Origin code 1 (Original Proceeding); County code Albany; Fee Status code due (due). The following correction(s) have been made to your case entry:the Jurisdiction code has been modified to 4 (Diversity); the Cause of Action code has been modified to 28:1332 Diversity Action; the Origin code has been modified to 2 (Removal from State Court); the County code has been modified to Bronx; the Fee Status code has been modified to pd (paid). (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Gail Susan Karan re: Document No. #2 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf) |
| Filing 2 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 813951/2023E. (Filing Fee $ 405.00, Receipt Number ANYSDC-29344965).Document filed by CHRISTOPH ESPINAL..(Karan, Gail) |
| Filing 1 CIVIL COVER SHEET filed..(Karan, Gail) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Gail Susan Karan. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Gail Susan Karan to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 5/20/2024. (vf) |
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