Mikanadze v. Reed et al
| Giorgi Mikanadze |
| Daniel Howard Reed, Stephen John Pollak and Allied Van Lines, Inc. |
| Asap Gio Corporation |
| 4:2022cv01335 |
| July 28, 2022 |
| US District Court for the Northern District of Ohio |
| Youngstown Office |
| Benita Y Pearson |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Both |
Docket Report
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Filing 38
Order For the reasons set forth herein, the parties' Joint Motion to Reschedule CMC (ECF No. #35 ) is denied. The Court will conduct the Telephonic CMC this Monday, 9/26/2022. The attorney(s) for Plaintiff's carrier whom will provide the defense of Plaintiff on Defendant Reed's First Amended Counterclaim (ECF No. #37 ) are encouraged to immediately enter an appearance and participate in the CMC. The Court will enter a Case Management Plan after consultation with the parties and counsel during the CMC. The Court will, however, be amenable to any reasonable modification(s) to the Case Management Plan subsequently requested by ASAP Gio Corporation because it has not yet been served with summons and ECF No. #37 . See Order for additional information and requirements. Judge Benita Y. Pearson on 9/23/2022. (JLG) Modified text and regenerated NEF's on 9/23/2022 (JLG).
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| Filing 37 First Amended Counterclaim against Giorgi Mikanadze, Asap Gio Corporation. Filed by Daniel Howard Reed. (Wise, Collin) |
| Filing 36 Corporate Disclosure Statement filed by Allied Van Lines, Inc.. (Pelini, Craig) |
| Filing 35 Joint Motion to continue Case Management Conference by all parties filed by Plaintiff Giorgi Mikanadze. (Mastrantonio, Steven) |
| Filing 34 Report of Parties' Planning Meeting - filed by All Plaintiffs. (Mastrantonio, Steven) |
| Filing 33 Initial Disclosures of Plaintiff filed by Giorgi Mikanadze. (Mastrantonio, Steven) |
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Order [non-document] granting Defendant/Counter-Claimant Daniel Howard Reed's #30 Motion for Joinder. Defendant/Counterclaimant shall file the First Amended Counterclaim within 36 hours of this ruling. Judge Benita Y. Pearson on 9/21/2022. (JLG)
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Order [non-document] granting Plaintiff's #31 Stipulated Motion for Extension of Time, allowing 21 days after the amendment has been filed for Plaintiff to respond to the Amended Counterclaim. Judge Benita Y. Pearson on 9/21/2022. (JLG)
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| Filing 32 Notice of Service of yes Defendants' Initial Disclosures filed by All Defendants. (Pelini, Craig) |
| Filing 31 Stipulated Motion for extension of time until 21 days to answer Counterclaim filed by Plaintiff Giorgi Mikanadze. (Mastrantonio, Steven) |
| Filing 30 Motion for joinder filed by Defendant Daniel Howard Reed, Counter-Claimant Daniel Howard Reed. (Attachments: #1 Exhibit A: Proposed Amended Counterclaim)(Wise, Collin) |
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Filing 29
Order For good cause shown, Attorney Andrew C. Kaye's Motion for Leave to Withdraw as Counsel for Defendants (ECF No. #28 ) is granted. Andrew C. Kaye and Gallo Vitucci Klar LLP are allowed to withdraw from further representation of Defendants Daniel Howard Reed, Stephen John Pollak, and Allied Van Lines, Inc. in this case because Craig G. Pelini of Pelini, Campbell & Ricard LLC has entered an appearance as counsel for Defendants and Gary A. Corroto, Maria C. Klutinoty Edwards, and Collin S. Wise of Plakas Mannos have entered an appearance as co-counsel for Defendant Daniel Howard Reed. See Notices of Appearance (ECF Nos. #24 and #26 ). Judge Benita Y. Pearson on 8/29/2022. (JLG)
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| Filing 28 Motion by Andrew C. Kaye to Withdraw as Attorney filed by Allied Van Lines, Inc., Stephen John Pollak, Daniel Howard Reed, Counter-Claimant Daniel Howard Reed. (Attachments: #1 Affidavit of Service by Mail and Email, #2 Email Correspondence, #3 Transmittal Letter)(G,M) |
| Filing 27 Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 9/26/2022 at 11:00 a.m. before Judge Benita Y. Pearson. Counsel for Plaintiff shall set up the conference call and contact Chambers directly at (330) 884-7435, with all participants on the line. The Court requires personal participation of parties at the Case Management Conference, even when the conference is telephonic. Judge Benita Y. Pearson on 8/19/2022. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4, #5 Attachment No. 5) (JLG) |
| Filing 26 Attorney Appearance of Gary Corroto, Maria Klutinoty Edwards, and Collin Wise filed by on behalf of Daniel Howard Reed. (Wise, Collin) |
| Filing 25 Answer to #1 Complaint with Jury Demand filed by Defendants Daniel Howard Reed, Stephen John Pollak, and Allies Van Lines, Inc, and Counterclaim against Plaintiff Giorgi Mikanadze filed by Defendant Daniel Howard Reed. (Pelini, Craig) Modified docket text on 8/19/2022 (G,M). |
| Filing 24 Attorney Appearance by Craig G Pelini filed by on behalf of All Defendants. (Pelini, Craig) |
| Filing 23 Attorney Appearance for Plaintiff by Steven W. Mastrantonio and Natalie M. Niese filed by on behalf of All Plaintiffs. (Mastrantonio, Steven) |
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Filing 22
Order On 8/1/2022, the Court received a facsimile transmission from Attorney Joseph Katz. Local Rule 5.1(a) provides "[t]he Clerks Office will not accept any facsimile transmission unless ordered by the Court." Therefore, counsel shall not send any more facsimile transmissions to the Court. If an attorney in this action is not admitted to practice in the Northern District of Ohio and has not been granted pro hac vice status, pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed on or before 8/31/2022. The local rules and the attorney admission application are available on the Court's web site at www.ohnd.uscourts.gov. If an attorney is not counsel of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed on or before 8/31/2022. Judge Benita Y. Pearson on 8/2/2022. (JLG)
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| Notice to Attorney Joseph Katz. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Notice to Attorney Andrew Charles Kaye. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Filing 21 Magistrate Consent Form issued. (S,DM) |
| Filing 20 CASE TRANSFERRED IN from District of New York Eastern. Case number 1:22-cv-02617. Electronic file, transfer order and docket sheet received. |
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Filing 19
ORDER: As further explained in the accompanying order, due to Plaintiffs failure to allege a basis for venue in the Eastern District of New York, and consistent with the parties consent, the Court hereby ORDERS a transfer of this case to cure the lack of venue, pursuant to 28 U.S.C. 1406(a). The Court respectfully directs the Clerk of Court to immediately transfer this case to the United States District Court for the Northern District of Ohio. The Court waives compliance with Rule 83.1 of the Local Rules for the Eastern District of New York, which otherwise imposes a seven-day delay in the transfer of relevant case materials. Ordered by Judge Hector Gonzalez on 7/28/2022. (Morales, James) [Transferred from nyed on 7/28/2022.]
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| Judge Benita Y. Pearson assigned to case. (S,DM) |
| Notice by Clerk: Pursuant to Local Rule 3.13(b), Allied Van Lines, Inc. are reminded of their requirement to file a Corporate Disclosure Statement. (S,DM) |
| Copy of #21 Magistrate Consent Form Issued and Copy of Docket mailed to attorneys Andrew Charles Kaye at Gallo Vitucci Klar, 90 Broad Street, 3d Floor, New York, NY 10004 and Joseph Katz at Sacco & Fillas, LLP, 31-19 Newtown Avenue, Seventh Floor, Astoria, NY 11102 on 7/28/2022. Related document(s) #21 . (S,DM) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (S,DM) |
| Case transferred to Northern District of Ohio. 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. (Morales, James) [Transferred from nyed on 7/28/2022.] |
| Filing 18 Letter to Court by Giorgi Mikanadze (Katz, Joseph) (Main Document 18 replaced on 7/22/2022) (Bowens, Priscilla). [Transferred from nyed on 7/28/2022.] |
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Filing 17
ORDER: As further explained in the accompanying order, Plaintiff shall file a letter, on or before July 27, 2022, confirming the county in Ohio where his accident occurred and the city or village nearest to the accident. Ordered by Judge Hector Gonzalez on 7/22/2022. (Herrmann, Brendan) [Transferred from nyed on 7/28/2022.]
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| Filing 16 First MOTION to Change Venue Letter Regarding Responses from Plaintiff's Counsel by Allied Van Lines, Inc., Stephen John Pollak, Daniel Howard Reed. (Kaye, Andrew) [Transferred from nyed on 7/28/2022.] |
| Filing 15 Letter to Court by Giorgi Mikanadze (Katz, Joseph) [Transferred from nyed on 7/28/2022.] |
| Filing 14 First MOTION to Change Venue Further Letter to Court on Venue by Allied Van Lines, Inc., Stephen John Pollak, Daniel Howard Reed. (Kaye, Andrew) [Transferred from nyed on 7/28/2022.] |
| Filing 13 MOTION for Extension of Time to File Request for two week extension of time on Court's directive to try and agree to Venue by Allied Van Lines, Inc., Stephen John Pollak, Daniel Howard Reed. (Kaye, Andrew) Modified on 6/24/2022 - Improperly filed as a Motion to Dismiss. (Neptune, Pierre). [Transferred from nyed on 7/28/2022.] |
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ORDER: The Court grants the parties' joint request for an extension of time. See ECF No. #13 . The parties shall file a joint letter on or before July 8, 2022, providing the information required by the Court's order dated June 17, 2022. Ordered by Judge Hector Gonzalez on 6/24/2022. (Herrmann, Brendan) [Transferred from nyed on 7/28/2022.]
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ORDER: The parties are directed to submit a joint letter on or before June 24, 2022, stating whether they have agreed to transfer this case to another court in which venue is proper and which can exercise personal jurisdiction over all Defendants, for the reasons stated on the record during the pre-motion conference on June 17, 2022. See ECF Nos. #10 , #11 , #12 . The initial status conference previously scheduled for June 28, 2022, and the parties' corresponding obligation to submit a joint letter and civil case management plan in preparation for that conference, are adjourned sine die. See ECF No. #6 . Ordered by Judge Hector Gonzalez on 6/17/2022. (Herrmann, Brendan) [Transferred from nyed on 7/28/2022.]
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| Minute Entry for proceedings held before Judge Hector Gonzalez: Pre-Motion Conference held on June 17, 2022. Joseph Katz appeared on behalf of Plaintiff. Andrew Kaye appeared on behalf of Defendants. The parties' pre-motion conference letters related to Defendants' proposed motion to dismiss were discussed. See ECF Nos. #10 , #11 , and #12 . Arguments were heard from both parties. The Court directed the parties to file a joint status report letter by June 24, 2022. A decision on the matter will be held in abeyance until the aforementioned letter has been filed. (Court Reporter Michele Lucchese.) (Neptune, Pierre) [Transferred from nyed on 7/28/2022.] |
| Filing 12 Letter in compliance with Court Order, dated June 9, 2022 by Giorgi Mikanadze (Katz, Joseph) [Transferred from nyed on 7/28/2022.] |
| NOTICE: The Pre-Motion Conference set for June 17, 2022 at 1:00 PM, will take place in courtroom 6D South. (Neptune, Pierre) [Transferred from nyed on 7/28/2022.] |
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ORDER granting Defendants' motion for a pre-motion conference. See ECF No. #10 . The Court will hold a pre-motion conference on June 17, 2022, at 1:00PM in a courtroom to be determined, regarding Defendants' proposed motion to dismiss the two individual defendants for lack of personal jurisdiction or, alternatively, to transfer this case to cure the alleged lack of venue. See ECF No. #10 . During or after that pre-motion conference, the Court may exercise its discretion to treat the parties' letters, along with counsel's arguments at the conference, as Defendants' motion, pursuant to Section IV.A.11 of the Court's Individual Practices. The Court notes that Plaintiff's letter in response to Defendants' proposed motion did not address the issue of personal jurisdiction and did not address the issue of whether this judicial district is the proper venue pursuant to 28 U.S.C. 1391, but instead exclusively addressed whether a discretionary transfer would be appropriate under 28 U.S.C. 1404. See ECF No. #11 . Plaintiff may file an additional letter no longer than three pages addressing these issues, on or before June 14, 2022. Ordered by Judge Hector Gonzalez on 6/9/2022. (Herrmann, Brendan) [Transferred from nyed on 7/28/2022.]
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| Filing 11 RESPONSE to Motion re #10 First MOTION for pre motion conference Plaintiffs Letter in Response to Defendants Pre-Motion Letter, dated May 31, 2022 filed by All Plaintiffs. (Katz, Joseph) [Transferred from nyed on 7/28/2022.] |
| Filing 10 First MOTION for pre motion conference by Allied Van Lines, Inc., Stephen John Pollak, Daniel Howard Reed. (Kaye, Andrew) [Transferred from nyed on 7/28/2022.] |
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ORDER denying Defendants' motion for Extension of Time to File Answer. See ECF No. #9 . Defendants shall file on or before June 2, 2022, a pre-motion letter that complies with Section IV.A of the Court's Individual Practices regarding Defendants' proposed motion to dismiss. Plaintiff shall file a responsive letter on or before June 9, 2022. Ordered by Judge Hector Gonzalez on 5/23/2022. (Herrmann, Brendan) [Transferred from nyed on 7/28/2022.]
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| Filing 9 Letter MOTION for Extension of Time to File Answer by Allied Van Lines, Inc., Stephen John Pollak, Daniel Howard Reed. (Kaye, Andrew) [Transferred from nyed on 7/28/2022.] |
| Filing 8 SUMMONS Returned Executed by Giorgi Mikanadze. Allied Van Lines, Inc. served on 5/12/2022, answer due 6/2/2022. (Tucker, Clifford) [Transferred from nyed on 7/28/2022.] |
| Filing 7 SUMMONS Returned Executed by Giorgi Mikanadze. Stephen John Pollak served on 5/13/2022, answer due 6/3/2022; Daniel Howard Reed served on 5/12/2022, answer due 6/2/2022. (Attachments: #1 Affidavit Stephen John) (Tucker, Clifford) [Transferred from nyed on 7/28/2022.] |
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Filing 6
SCHEDULING ORDER: Counsel for all parties are directed to appear before Judge Gonzalez for an initial status conference in accordance with Fed. R. Civ. P. 16 on JUNE 28, 2022 AT 11:00AM in a courtroom to be determined. The parties are directed to comply with the attached mandatory requirements, including filing on the docket a joint letter describing the case and a completed civil case management plan prior to the conference. Requests for adjournment of the initial status conference will be considered only if made in writing and otherwise in accordance with Section I.D of Judge Gonzalez's Individual Practices. Ordered by Judge Hector Gonzalez on 5/12/2022. (Herrmann, Brendan) [Transferred from nyed on 7/28/2022.]
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) [Transferred from nyed on 7/28/2022.] |
| Filing 4 Summons Issued as to All Defendants. (Bowens, Priscilla) [Transferred from nyed on 7/28/2022.] |
| Filing 3 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. (Bowens, Priscilla) [Transferred from nyed on 7/28/2022.] |
| Filing 2 Civil Cover Sheet.. by Giorgi Mikanadze (Bowens, Priscilla) (Additional attachment(s) added on 5/9/2022: #1 Proposed Summons) (Bowens, Priscilla). [Transferred from nyed on 7/28/2022.] |
| Notice: Re: Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please submit Civil Cover Sheet. (Bowens, Priscilla) [Transferred from nyed on 7/28/2022.] |
| Case Assigned to Judge Hector Gonzalez. 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. (Bowens, Priscilla) [Transferred from nyed on 7/28/2022.] |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15542916 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Giorgi Mikanadze. (Katz, Joseph) [Transferred from nyed on 7/28/2022.] |
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