John Bartula v. Brian Kurtz
Plaintiff: john bartula
Defendant: Kurtz Trucking Ltd. and Brian Kurtz doing business as Brian Kurtz Trucking, Ltd.
Case Number: 1:2021cv00390
Filed: March 12, 2021
Court: US District Court for the Western District of New York
Presiding Judge: Jeremiah J McCarthy
Referring Judge: William M Skretny
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 20, 2021 Opinion or Order Filing 7 Stipulation-Selection of Mediator by Brian Kurtz(Gioia, Michael)
April 1, 2021 Opinion or Order Filing 6 CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Dispositive Motions due by 3/31/2022. Signed by Hon. Jeremiah J. McCarthy on 4/1/21. (MDY)
April 1, 2021 Opinion or Order Filing 5 TEXT ORDER: Based on plaintiff's counsel's representation at today's telephonic conference that the corporation (Brian Kurtz Trucking, Ltd.) is the sole defendant, as well as counsels' representations concerning the citizenship of the parties and the amount in controversy, I am satisfied that subject matter jurisdiction exists and that removal was proper. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/1/21. (MDY)
April 1, 2021 Opinion or Order Filing 4 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 4/1/2021. Counsel for the parties appear by telephone. Preliminary jurisdictional issues discussed. Case Management Order (CMO) dates discussed and set. CMO to follow. The court instructs the parties that good cause must be shown to amend CMO dates. The court also informs the parties of its informal discovery dispute resolution procedures, and encourages them to consent to magistrate judge jurisdiction over the case.APPEARANCES (by phone): Marc Shatkin for plaintiff; Michael Gioia for defendant (AT&T) (EG)
March 17, 2021 Opinion or Order Remark: Clerk mailed a copy of #3 Text Order to attorney Joseph-Anthony Muscato. (KM)
March 16, 2021 Opinion or Order Filing 3 TEXT ORDER: A telephonic status conference is scheduled for April 1, 2021 at 3:00 p.m.before Hon. Jeremiah J. McCarthy. The parties shall dial (888)808-6929, access code 1533000#. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/16/21. (MDY)(a copy of this text order is being e-mailed to plaintiff's counsel).
March 16, 2021 Opinion or Order Filing 2 TEXT REFERRAL ORDER. Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. SO ORDERED. Issued by William M. Skretny, United States District Judge on 3/16/2021. (JCM)
March 15, 2021 Opinion or Order Case assigned to Hon. William M. Skretny. Notification to chambers of on-line civil opening. (KM)
March 15, 2021 Opinion or Order 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. (KM)
March 15, 2021 Opinion or Order AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KM)
March 12, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL by Kurtz Trucking Ltd. from Erie County Supreme Court, case number 816334/2020. (Filing fee $ 402 receipt number 0209-4184247), filed by Kurtz Trucking Ltd.. (Attachments: #1 Errata State Court Complaint, #2 Civil Cover Sheet, #3 Appendix State Court Filings)(Gioia, Michael)

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Plaintiff: john bartula
Represented By: Joseph-Anthony Muscato
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Defendant: Kurtz Trucking Ltd.
Represented By: Michael T. Gioia
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Defendant: Brian Kurtz doing business as Brian Kurtz Trucking, Ltd.
Represented By: Michael T. Gioia
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