O'Gilvie v. VFS Canada et al
| Cordella Angeline O'Gilvie |
| VFS Canada, VOLVO GROUP NORTH AMERICA, LLC, Andrey N Zlinskiy, Randolph A Henry, Enterprise Rent-A-Car Canada, LTD, Enterprise Holdings, Inc., VFS Canada, Inc., Audrey N. Zlynskiy and N.E.W.S. Trans., Inc. |
| 1:2020cv01922 |
| December 30, 2020 |
| US District Court for the Western District of New York |
| William M Skretny |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 26, 2021. A more recent docket listing may be available from PACER.
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| Filing 29 Corporate Disclosure Statement by N.E.W.S. Trans., Inc., VFS Canada, Inc., Audrey N. Zlynskiy. (Scott, Robert) |
| Filing 28 Corporate Disclosure Statement by N.E.W.S. Trans., Inc., VFS Canada, Inc., Audrey N. Zlynskiy. (Scott, Robert) |
| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD) |
| Filing 27 Verified ANSWER to #24 Amended Complaint, with Certificate of Service, CROSSCLAIM against Enterprise Rent-A-Car Canada, LTD, Randolph A Henry by N.E.W.S. Trans., Inc., VFS Canada, Inc., Audrey N. Zlynskiy.(Scott, Robert) |
| Filing 26 ANSWER to Complaint , CROSSCLAIM against Enterprise Rent-A-Car Canada, LTD, Randolph A Henry by Audrey N. Zlynskiy, N.E.W.S. Trans., Inc., VFS Canada, Inc..(Scott, Robert) |
| Filing 25 Summons Issued as to N.E.W.S. Trans., Inc. (JLV) |
| Filing 24 AMENDED COMPLAINT against Enterprise Rent-A-Car Canada, LTD, Randolph A Henry, VFS Canada, Volvo Group North America, LLC, Andrey N Zlinskiy, N.E.W.S. Trans., Inc., filed by Cordella Angeline O'Gilvie. (Attachments: #1 Summons - NEWS TRANS INC, #2 Certificate of Service)(Henderson, David) |
| Filing 23 AMENDED COMPLAINT against Enterprise Rent-A-Car Canada, LTD, Randolph A Henry, VFS Canada, Volvo Group North America, LLC, Andrey N Zlinskiy, filed by Cordella Angeline O'Gilvie.(Henderson, David) |
| Filing 22 TEXT ORDER On December 24, 2020, the parties stipulated that this case be transferred to the Western District of New York and this case was accordingly transferred to this Court on December 30, 2020. No action having been taken since that date,IT HEREBY IS ORDERED, that Plaintiff shall file an amended complaint consistent with the parties' stipulation within 21 days of the entry date of this order. SO ORDERED. Issued by William M. Skretny, United States District Judge on 2/3/2021. (JCM) |
| Filing 21 NOTICE of Appearance by David Liff Henderson on behalf of Cordella Angeline O'Gilvie (Henderson, David) |
| Filing 20 Case transferred in from District of New York Eastern; Case Number 1:20-cv-03864. |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (JD) |
| Case transferred to District of Western New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Ramesar, Thameera) [Transferred from nyed on 12/30/2020.] |
ORDER: The parties have filed a stipulation #19 indicating that no party objects to the Court's exercise of its discretion pursuant to 28 U.S.C. 1404 to transfer this case to the Western District of New York. Accordingly, for the reasons stated on the record at the December 8, 2020 pre-motion conference, in the interest of justice, the Clerk of Court is respectfully directed to TRANSFER this case to the Western District of New York and close this case in the Eastern District of New York. See 28 U.S.C. 1404 ("For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented."). Ordered by Judge LaShann DeArcy Hall on 12/29/2020. (Williams, Erica) [Transferred from nyed on 12/30/2020.]
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| Filing 19 STIPULATION to Transfer Venue, Dismiss Party, and Amend Caption by Cordella Angeline O'Gilvie (Henderson, David) [Transferred from nyed on 12/30/2020.] |
| Filing 18 NOTICE of Appearance by Michael P. Sullivan on behalf of VFS Canada, Andrey N Zlinskiy (aty to be noticed) (Sullivan, Michael) [Transferred from nyed on 12/30/2020.] |
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MINUTE ENTRY AND ORDER: A pre-motion conference on Defendants VFS and Zlinskiy's anticipated motion for venue transfer and Enterprise Defendants anticipated motion to dismiss for lack of personal jurisdiction was held before Judge DeArcy Hall on December 18, 2020. Michael Sullivan appeared on behalf of Defendant VFS Canada and Zlinskiy. James Carman appeared on behalf of the Enterprise Defendants. Matthew Valauri appeared on behalf of Randolph Henry. David Henderson appeared on behalf of Plaintiff. Defendants all indicated that they would stipulate to venue transfer. The parties shall file a joint letter, not to exceed two pages, by December 29, 2020 indicating whether the parties will stipulate to a venue transfer and whether Plaintiff will stipulate to the dismissal of Enterprise Holdings Inc. Ordered by Judge LaShann DeArcy Hall on 12/18/2020. (Court Reporter Holly Driscoll.) (Williams, Erica) [Transferred from nyed on 12/30/2020.]
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ORDER: Due to a conflict in the Court's calendar, the pre-motion conference scheduled for December 15, 2020 at 10:00 a.m. is ADJOURNED to Friday, December 18, 2020 at 11:30 a.m. The parties are directed to use the following conference line and dial-in information: toll free number 1-888-684-8852; access code 1537693. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Ordered by Judge LaShann DeArcy Hall on 12/15/2020. (Williams, Erica) [Transferred from nyed on 12/30/2020.]
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| Filing 17 Letter response to Defendants' request for a pre-motion conference by Cordella Angeline O'Gilvie (Henderson, David) [Transferred from nyed on 12/30/2020.] |
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ORDER: Plaintiff failed to file a timely response to Enterprise Defendants' request for a pre-motion conference in accordance with this Court's individual practices. The Court ordered Plaintiff to file a response by December 10, 2020. On December 10, 2020, Plaintiff filed a request #16 for an extension until 5 p.m. on December 11, 2020 to file a response. The request is GRANTED. However, future failure to comply with the Court's individual practices may result in sanctions, including dismissal of this case for failure to prosecute. Ordered by Judge LaShann DeArcy Hall on 12/11/2020. (Williams, Erica) [Transferred from nyed on 12/30/2020.]
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| Filing 16 Letter response to Defendants' request for a pre-motion conference by Cordella Angeline O'Gilvie (Henderson, David) [Transferred from nyed on 12/30/2020.] |
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ORDER: On November 24, 2020, Defendants Enterprise Holdings, Inc. and Enterprise Rent-A-Car Canada filed a pre-motion conference letter request #15 on an anticipated motion to dismiss. In contravention of this Court's individual practices, Plaintiff never replied. Plaintiff shall file a response by December 10, 2020. Ordered by Judge LaShann DeArcy Hall on 12/9/2020. (Williams, Erica) [Transferred from nyed on 12/30/2020.]
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ORDER: Defendant Enterprise's request #15 for a pre-motion conference is GRANTED. The Court will hold one pre-motion conference on the two proposed motions to dismiss #12 #15 . The pre-motion conference previously scheduled for December 4, 2020 is ADJOURNED to December 15, 2020 at 10:00 a.m. Ordered by Judge LaShann DeArcy Hall on 12/2/2020. (Williams, Erica) [Transferred from nyed on 12/30/2020.]
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| Filing 15 MOTION for pre motion conference by Enterprise Holdings, Inc., Enterprise Rent-A-Car Canada, LTD. (Carman, James) [Transferred from nyed on 12/30/2020.] |
| Filing 14 ANSWER to Complaint , CROSSCLAIM against VFS Canada, Volvo Group North America, LLC, Andrey N Zlinskiy by Enterprise Rent-A-Car Canada, LTD, Enterprise Holdings, Inc.. (Carman, James) [Transferred from nyed on 12/30/2020.] |
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ORDER: Defendant's motion #12 for a pre-motion conference on an anticipated motion to dismiss is GRANTED. The pre-motion conference shall be held on December 4, 2020 at 10:30 a.m. by teleconference. The parties are directed to use the following conference line and dial-in information: toll free number 1-888-684-8852; access code 1537693. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Ordered by Judge LaShann DeArcy Hall on 11/2/2020. (Williams, Erica) [Transferred from nyed on 12/30/2020.]
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| Filing 13 Letter regarding pre-motion conference request by Cordella Angeline O'Gilvie (Henderson, David) [Transferred from nyed on 12/30/2020.] |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: David Henderson, Michael Sullivan, Matthew Valauri. Case management order set. Fact discovery deadline 6/30/21. Exert discovery deadline to be set at next conference 4/13/21 at 10:00 (same dial-in number and access code)(status). Initial Conference Hearing held on 10/28/2020 (Levy, Robert) [Transferred from nyed on 12/30/2020.] |
| Filing 12 First MOTION for pre motion conference by VFS Canada, Andrey N Zlinskiy. (Attachments: #1 Exhibit Exhibit A - Medical Records, #2 Exhibit Exhibit B - Summons and Complaint, #3 Exhibit Exhibit C - Police Report) (Scott, Robert) [Transferred from nyed on 12/30/2020.] |
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ORDER: In contravention of this Court's individual practices, Defendants VFS Canada and Andrey N Zlinskiy filed a motion to dismiss the complaint under Rule 12(b)(3) without filing a pre-motion conference letter. Accordingly, the motion #11 is DENIED as improperly filed, with leave to renew is accordance with the Court's individual practices. Defendants pre-motion conference letter shall be filed by October 22, 2020. Plaintiff's reply shall be filed by October 29, 2020. The parties shall adhere to the Court's individual practices. Ordered by Judge LaShann DeArcy Hall on 10/15/2020. (Williams, Erica) [Transferred from nyed on 12/30/2020.]
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| Filing 11 First MOTION to Dismiss for Lack of Jurisdiction by VFS Canada, Andrey N Zlinskiy. (Attachments: #1 Memorandum in Support Memorandum in Support, #2 Affidavit in Support Attorney Affidavit, #3 Exhibit Summons and Complaint, #4 Exhibit Police Report, #5 Exhibit ECMC No Fault app, #6 Exhibit Kaleida Health Bill, #7 Exhibit HealthLink, #8 Exhibit Ellesmere x-ray receipts, #9 Exhibit Dr. Guong, #10 Exhibit ECMC, #11 Exhibit Dr. Moazami, #12 Exhibit EXR Medical Imaging, #13 Exhibit Fitness for Air Travel) (Scott, Robert) [Transferred from nyed on 12/30/2020.] |
| Filing 10 Proposed Scheduling Order Initial Conference Questionnaire by Randolph A Henry (Valauri, Matthew) [Transferred from nyed on 12/30/2020.] |
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Filing 9
SCHEDULING ORDER: An initial conference by telephone has been scheduled for October 28, 2020 at 12:30 p.m., before the Honorable Robert M. Levy, United States Magistrate Judge at (888) 684-8852; Access Code #: 6223489. All counsel must be available. Plaintiff's counsel is directed to confirm with defendants' counsel that all necessary participants are aware of this conference. Ordered by Magistrate Judge Robert M. Levy on 9/28/2020. (Attachments: #1 ic questionnaire, #2 individual rules) (Marino, Janine) [Transferred from nyed on 12/30/2020.]
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| Filing 8 ANSWER to Complaint , First CROSSCLAIM against VFS Canada, Andrey N Zlinskiy by Randolph A Henry. (Valauri, Matthew) [Transferred from nyed on 12/30/2020.] |
| Filing 7 ANSWER to Complaint by Randolph A Henry. (Attachments: #1 Affidavit of Service Attorney Verification, #2 Certificate of Service Certificate of Service) (Valauri, Matthew) [Transferred from nyed on 12/30/2020.] |
| Filing 6 NOTICE of Appearance by Matthew David Valauri on behalf of Randolph A Henry (aty to be noticed) (Valauri, Matthew) [Transferred from nyed on 12/30/2020.] |
| Filing 5 NOTICE of Appearance by David Liff Henderson on behalf of Cordella Angeline O'Gilvie (notification declined or already on case) (Henderson, David) [Transferred from nyed on 12/30/2020.] |
| Filing 4 CERTIFICATE OF SERVICE by VFS Canada, Andrey N Zlinskiy re #1 Notice of Removal, (Scott, Robert) [Transferred from nyed on 12/30/2020.] |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) [Transferred from nyed on 12/30/2020.] |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) [Transferred from nyed on 12/30/2020.] |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) [Transferred from nyed on 12/30/2020.] |
| Filing 1 NOTICE OF REMOVAL by VFS Canada, Andrey N Zlinskiy from Kings County Supreme Court, case number 510428/2020. ( Filing fee $ 400 receipt number ANYEDC-13249606) (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit AOS - VFS Canada, #3 Exhibit AOS - Zlinskiy, #4 Errata AOS - Zlinskiy, #5 Civil Cover Sheet, #6 Appendix Index of Record) (Scott, Robert) [Transferred from nyed on 12/30/2020.] |
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