Culler et al v. Shenk et al
Plaintiff: Dayshon Culler and Latisha Hardamon
Defendant: Tracy Shenk and Hainsley Watts
Case Number: 1:2022cv03077
Filed: April 13, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Sarah L Cave
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332 nr Diversity: Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 6, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 7, 2022 Opinion or Order Filing 18 ORDER denying #8 Motion to Remand. Accordingly, the Court has subject-matter jurisdiction pursuant to 28 U.S.C. 1332(a), and the Motion is DENIED. No initial case management conference yet having taken place in this action, it is hereby ORDERED that an initial conference in accordance with Fed. R. Civ. P. 16 will be held on Wednesday, July 6, 2022, at 12:00 pm, in Courtroom 18A, 500 Pearl Street, New York, New York. At the conference, the parties must be prepared to discuss the subjects set forth in Fed. R. Civ. P. 16(b) and (c). It is further ORDERED that counsel shall meet and confer in accordance with Fed. R. Civ. P. 26(f) no later than 21 days before the Initial Case Management Conference. No later than one week (seven (7) calendar days) before the conference, the parties shall file a Report of Rule 26(f) Meeting and Proposed Case Management Plan, via ECF, signed by counsel for each party. A template is available at https://www.nysd.uscourts.gov/hon-sarah-l-cave. To the extent the parties disagree about any portion of the Proposed Case Management Plan, they may set forth their respective proposals for the disputed provision, without argument. It is further ORDERED that by Wednesday, June 15, 2022, Defendants shall file a complete set of pleadings, including all provisions that were not attached to the Notice. SO ORDERED.. (Signed by Magistrate Judge Sarah L Cave on 6/7/2022) (ks)
June 7, 2022 Set/Reset Hearings: Initial Conference set for 7/6/2022 at 12:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave. (ks)
June 6, 2022 Filing 17 FIRST LETTER addressed to Magistrate Judge Sarah L. Cave from Bobby Walia dated 6-6-2022 re: Order dated 5-26-22. Document filed by Dayshon Culler, Latisha Hardamon..(Walia, Bobby)
June 6, 2022 Opinion or Order Filing 16 ORDER: On May 27, 2022, the Court directed Plaintiffs to submit a letter (the "Letter") by May 31, 2022, advising the Court whether the amount in controversy exceeds $75,000. (ECF No. 15). To date, Plaintiffs have not submitted the Letter. Accordingly, Plaintiffs are directed to submit the Letter by Friday, June 10, 2022. Plaintiffs are warned that failure to submit the Letter constitutes violation of a Court Order, and may result in the award of sanctions or dismissal of this matter for failure to prosecute. See Fed. R. Civ. P. 37, 41. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 6/6/2022) (vfr)
May 26, 2022 Opinion or Order Filing 15 ORDER: Accordingly, by Tuesday, May 31, 2022, Plaintiffs are directed to submit a letter advising the Court whether the amount in controversy exceeds $75,000. (Signed by Magistrate Judge Sarah L Cave on 5/26/2022) (ate)
May 23, 2022 Filing 14 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Dayshon Culler, Latisha Hardamon, Tracy Shenk, Hainsley Watts. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Sarah L Cave. (Signed by Judge Vernon S. Broderick on 5/23/2022). (vfr)
May 17, 2022 Filing 13 NOTICE of Reference of a Civil Action to a Magistrate Judge re: #12 Order, #11 Memo Endorsement,,, Set Deadlines/Hearings,,. Document filed by Dayshon Culler, Latisha Hardamon..(Walia, Bobby)
May 17, 2022 Opinion or Order Filing 12 ORDER. It is hereby ORDERED that the parties must file the consent form by May 20, 2022 or otherwise advise the Court about how they wish to proceed in this matter. Failure to do so will result in dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/17/22) (yv)
May 9, 2022 Opinion or Order Filing 11 MEMO ENDORSEMENT: on re: #9 Letter filed by Hainsley Watts, Tracy Shenk. ENDORSEMENT: The parties have indicated their consent to have this case proceed before the designated magistrate judge for all purposes. (Doc. 10.) In light of this, the parties are reminded they must file the appropriate form to give notice of their consent. The form can be found at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. The parties must file the completed form by May 16, 2022. SO ORDERED., ( Motions due by 5/16/2022.) (Signed by Judge Vernon S. Broderick on 5/09/2022) (ama)
May 6, 2022 Filing 10 PROPOSED CASE MANAGEMENT PLAN. Document filed by Tracy Shenk, Hainsley Watts..(Baden, James)
May 6, 2022 Filing 9 LETTER addressed to Judge Vernon S. Broderick from James Baden and Bobby Walia dated 05/06/2022 re: Pursuant to Order and Notice of Initial Conference (ECF Doc 6). Document filed by Tracy Shenk, Hainsley Watts..(Baden, James)
April 27, 2022 Filing 8 FIRST MOTION to Remand to State Court. Document filed by Dayshon Culler, Latisha Hardamon..(Walia, Bobby)
April 27, 2022 Filing 7 DEMAND for Trial by Jury. Document filed by Dayshon Culler, Latisha Hardamon.(Walia, Bobby)
April 22, 2022 Opinion or Order Filing 6 ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that, in light of the public health crisis, the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by May 6, 2022, the parties shall submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs: as further set forth herein. (Signed by Judge Vernon S. Broderick on 4/22/2022) (kv)
April 21, 2022 Filing 5 ANSWER to Complaint., COUNTERCLAIM against Dayshon Culler. Document filed by Hainsley Watts, Tracy Shenk..(Baden, James)
April 21, 2022 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Tracy Shenk, Hainsley Watts..(Baden, James)
April 15, 2022 Filing 3 NOTICE OF APPEARANCE by Bobby Walia on behalf of Dayshon Culler, Latisha Hardamon..(Walia, Bobby)
April 15, 2022 Magistrate Judge Sarah L. Cave is so redesignated. (aea)
April 15, 2022 NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Vincent L. Briccetti is no longer assigned to the case. (aea)
April 14, 2022 Filing 2 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 802690/2022E..Document filed by Hainsley Watts, Tracy Shenk. (Attachments: #1 Exhibit Ex. A - Summons & Complaint with Affidavits of Service).(Baden, James)
April 14, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James Kimball Baden to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): Pursuant to ECF Rule 13.3, you must refile your pleading with exhibits named accordingly. Re-file the pleading using the event type Notice of Removal 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. (vf)
April 14, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney James Kimball Baden to Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): Civil Cover Sheet is filed as its own individual event; and Courthouse Assignment Section of form is not provided. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf)
April 14, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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)
April 14, 2022 Case Designated ECF. (vf)
April 14, 2022 Magistrate Judge Andrew E. Krause 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. (vf)
April 13, 2022 Filing 1 FILING ERROR - DEFICIENT PLEADING- NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 802690/2022E. (Filing Fee $ 402.00, Receipt Number BNYSDC-26005627).Document filed by Hainsley Watts, Tracy Shenk. (Attachments: #1 Civil Cover Sheet).(Baden, James) Modified on 4/14/2022 (vf).

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Plaintiff: Dayshon Culler
Represented By: Bobby Walia
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Plaintiff: Latisha Hardamon
Represented By: Bobby Walia
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Defendant: Tracy Shenk
Represented By: James Kimball Baden
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Defendant: Hainsley Watts
Represented By: James Kimball Baden
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