Del Rosario v. J.B. Hunt Transport, Inc. et al
| Gabriel Jimenez Del Rosario |
| J.B. Hunt Transport, Inc., Frank M. Gargiulo & Son, Inc. and Frank Owusu |
| 1:2024cv06323 |
| August 21, 2024 |
| U.S. District Court for the Southern District of New York |
| Lewis A Kaplan |
| Gary Stein |
| Motor Vehicle |
| 28 U.S.C. § 1332 tm Diversity-Tort/Motor Vehicle (P.I.) |
| Plaintiff |
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This docket was last retrieved on October 4, 2024. A more recent docket listing may be available from PACER.
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Filing 11
INITIAL CASE MANAGEMENT CONFERENCE ORDER: On August 29, 2024, in response to the Courts inquiry (Dkt. No. 8), Plaintiff stated that he intended to file a motion to remand this case back to state court by September 20, 2024. (Dkt. No. 9). The Court then set a briefing schedule for the motion to remand, requiring Plaintiff to submit his motion to remand and supporting papers by September 20, 2024. (Dkt. No. 10). To date, Plaintiff has not filed his motion to remand or requested an extension of his time to do so. Accordingly, it appears this case will be moving forward in this Court. The Court hereby schedules an Initial Case Management Conference for Friday, November 13, 2024 at 11:00 a.m. The parties are directed to appear for a video conference via Microsoft Teams at the scheduled time. The parties shall consult and comply with the undersigneds Individual Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-gary-stein. In accordance with Section II.A of the Individual Practices, counsel are directed to file a joint Proposed Case Management Plan and Scheduling Order no later than one week prior to the conference. Click here to join the meeting. [Meeting ID 216 406 138 977] [Passcode: Dbedv4]. SO ORDERED. Initial Conference set for 11/13/2024 at 11:00 AM before Magistrate Judge Gary Stein. (Signed by Magistrate Judge Gary Stein on 10/4/2024) (tg)
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Filing 10
MEMO ENDORSEMENT on re: #9 Letter filed by Gabriel Jimenez Del Rosario. ENDORSEMENT: Application granted. Plaintiff shall file his motion to remand and supporting papers by September 20, 2024. Defendants' response is due October 11, 2024. Plaintiff's reply, if any, is due October 18, 2024. SO ORDERED. ( Motions due by 9/20/2024., Responses due by 10/11/2024, Replies due by 10/18/2024.) (Signed by Magistrate Judge Gary Stein on 8/30/2024) (tg)
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| Filing 9 FIRST LETTER addressed to Magistrate Judge Gary Stein from Matthew H. Kerner dated August 29, 2024 re: Intention to file a motion to remand. Document filed by Gabriel Jimenez Del Rosario..(Kerner, Matthew) |
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Filing 8
ORDER: The Court is in receipt of Plaintiff's Demand for a Jury Trial, in which Plaintiff states that he "objects to the grounds for removal" and "does not waive his rights of remand in this case." (Dkt. No. 6). By no later than Wednesday, September 4, 2024, Plaintiff shall file a letter advising the Court whether he intends to file a motion to remand pursuant to 28 U.S.C. 1447 and, if so, providing a brief statement of the grounds on which the motion will be based and the date by which Plaintiff proposes to file the motion. If Plaintiff states that he does not intend to file a motion to remand, the Court will proceed to schedule an Initial Case Management Conference pursuant to Fed. R. Civ. P. 16(b). (Signed by Magistrate Judge Gary Stein on 8/28/2024) (tg)
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| Filing 7 NOTICE OF APPEARANCE by Matthew Harris Kerner on behalf of Gabriel Jimenez Del Rosario..(Kerner, Matthew) |
| Filing 6 DEMAND for Trial by Jury. Document filed by Gabriel Jimenez Del Rosario.(Kerner, Matthew) |
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Filing 5
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). All such motions. Referred to Magistrate Judge Gary Stein. (Signed by Judge Lewis A. Kaplan on 8/26/24) (yv)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Anthony D. Luis. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 2 (Citizen of Another State); Arbitration code e (Exempt). The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Arbitration code has been deleted. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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 Gary Stein 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 4 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent J.B. Hunt Transport, Inc. for J.B. Hunt Transport, Inc.. Document filed by Frank M. Gargiulo & Son, Inc., J.B. Hunt Transport, Inc., Frank Owusu..(Luis, Anthony) |
| Filing 3 CERTIFICATE of Counsel by Anthony D. Luis on behalf of Frank M. Gargiulo & Son, Inc., J.B. Hunt Transport, Inc., Frank Owusu. Re: #1 Notice of Removal,,. .(Luis, Anthony) |
| Filing 2 CIVIL COVER SHEET filed..(Luis, Anthony) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 805163/2024E. (Filing Fee $ 405.00, Receipt Number ANYSDC-29784009).Document filed by Frank Owusu, Frank M. Gargiulo & Son, Inc., J.B. Hunt Transport, Inc.. (Attachments: #1 Exhibit Exhibit "A" - Summons and Complaint, #2 Exhibit Exhibit "B" - Court-Filed Verified Answer, #3 Exhibit Exhibit "C" - Plaintiff's Demand / Response to Combined Demands, #4 Affidavit Affidavit of Service to Notice of Removal, #5 Affidavit Attorney Certificate of Service to Notice of Removal).(Luis, Anthony) |
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