DeMarco v. Party Boat Central of Freeport, Inc. et al
| Taylor Ann DeMarco |
| Party Boat Central of Freeport, Inc., Med Party Boat, Inc. and Ryan T Cooke |
| 7:2020cv01056 |
| February 7, 2020 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Marine |
| 28 U.S.C. § 1332 ct |
| Plaintiff |
Docket Report
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(rj) |
| Received e-mail from the United States District Court - Eastern District of New York acknowledging receipt of transferred case. Assigned Case Number: 2:20-cv-01511, filed on 03/23/2020. (sjo) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #11 MOTION for Gino Joseph Butto to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19130799. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of Florida;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Gino Joseph Butto to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19130799. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ryan T Cooke, Med Party Boat, Inc., Party Boat Central of Freeport, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Exhibit Florida Certificate of Good Standing).(Butto, Gino) Modified on 3/17/2020 (wb). |
| Filing 10 AFFIDAVIT OF SERVICE. Ryan T Cooke served on 2/29/2020, answer due 3/23/2020. Service was accepted by Ryan T. Cooke, personally served. Document filed by Taylor Ann DeMarco..(Franchi, Richard) |
| Filing 9 AFFIDAVIT OF SERVICE. Party Boat Central of Freeport, Inc. served on 2/29/2020, answer due 3/23/2020. Service was accepted by Ryan T. Cooke, agent. Document filed by Taylor Ann DeMarco..(Franchi, Richard) |
| Filing 8 AFFIDAVIT OF SERVICE. Med Party Boat, Inc. served on 2/29/2020, answer due 3/23/2020. Service was accepted by Ryan T. Cooke, agent. Document filed by Taylor Ann DeMarco..(Franchi, Richard) |
Filing 7
TRANSFER ORDER: Under 1404(a), transfer appears to be appropriate in this case. Plaintiff is a citizen of the State of Connecticut and a resident of the Town of Branford in the County of New Haven. (ECF No. 5,para. 1.) Thus, she does not reside in this District. Furthermore, although the underlying injury seemingly occurred "along the coastline at or near New York City (Id.,para. 13), all of the Defendants in this action either reside or do business in the Town of Hempstead, located in Nassau County, which falls within the Eastern District of New York. See 28 U.S.C. 112(a). Finally, Defendants' party boat, on which Plaintiff sustained her injuries, "boarded, departed and returned to and from the docks in Freeport, New York" (ECF No. 5,para. 11), which is also located in Nassau County. Venue is therefore proper in the Eastern District of New York. See 28 U.S.C. 1391(b). Based on the totality of the circumstances, the Court concludes that it is in the interest of justice to transfer this action to the United States District Court for the Eastern District of New York. 28 U.S.C. 1404(a). The Clerk of the Court is directed to transfer this action to the United States District Court for the Eastern District of New York. The Clerk of the Court is further directed to close this case. (Signed by Judge Nelson Stephen Roman on 3/6/2020) (rj) Transmission to Office of the Clerk of Court for processing.
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| Filing 6 CIVIL COVER SHEET filed..(Franchi, Richard) |
| Filing 5 COMPLAINT against Ryan T Cooke, Med Party Boat, Inc., Party Boat Central of Freeport, Inc.. Document filed by Taylor Ann DeMarco..(Franchi, Richard) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Ryan T Cooke, Med Party Boat, Inc., Party Boat Central of Freeport, Inc...(jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard Michael Franchi to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Richard Michael Franchi. The following party/parties has been removed from this case: Med Party Boat, Inc.. The party was added to the case in error. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Richard Michael Franchi to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code - no selection; second page was omitted;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard Michael Franchi. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 360 (P.I.: Other); Dollar Demand $2000000000;. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 340 (Marine); the Dollar Demand has been modified to none;. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Paul E. Davison is so designated. 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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..(jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Med Party Boat, Inc., Party Boat Central of Freeport, Inc. and Ryan T. Cooke, re: #1 Complaint. Document filed by Taylor Ann DeMarco..(Franchi, Richard) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Franchi, Richard) Modified on 2/10/2020 (jgo). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-18725874)Document filed by Taylor Ann DeMarco..(Franchi, Richard) Modified on 2/10/2020 (jgo). |
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