ACOSTA et al v. COSTA et al
| EDWIN ACOSTA and MARC RIOS |
| L & G CONSTRUCTION CORP., PATRICIA COSTA, MARCELO LIMA and L & G CONSTRUCTION II CORPORATION |
| 2:2024cv01116 |
| March 14, 2024 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| GENE EK PRATTER |
| P.I.: Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 14, 2024. A more recent docket listing may be available from PACER.
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Filing 19
Case transferred in from District of New Jersey; Case Number 1:23-cv-21557. Original file certified copy of transfer order and docket sheet received.
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Filing 18
MEMORANDUM OPINION AND ORDER directing the Clerk to re-open and Grant the #8 Motion to Set Aside Default; ORDERED that the Clerk's Entry of Default as to Defendant Lima is VACATED; ORDERED that the Clerk transfer this case to the United States District Court for the Eastern District of Pennsylvania. Signed by Chief Judge Renee Marie Bumb on 3/14/2024. (dmr) [Transferred from New Jersey on 3/14/2024.]
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***Civil Case Terminated. (dmr) [Transferred from New Jersey on 3/14/2024.]
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Filing 17
Order Initial Conference set for 4/16/2024 at 10:30 AM in Camden - Courtroom 3B before Magistrate Judge Ann Marie Donio. Signed by Magistrate Judge Ann Marie Donio on 3/4/2024. (dmr) [Transferred from New Jersey on 3/14/2024.]
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Filing 16
RESPONSE TO ORDER TO SHOW CAUSE by L & G CONSTRUCTION CORP., MARCELO LIMA. (STEIN, ROBERT) [Transferred from New Jersey on 3/14/2024.]
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Filing 15
AMENDED ANSWER to #1 Complaint, by L & G CONSTRUCTION CORP., MARCELO LIMA. (STEIN, ROBERT) [Transferred from New Jersey on 3/14/2024.]
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Filing 14
TEXT ORDER This matter comes before the Court upon its January 29, 2024, Memorandum Opinion and Order to Show Cause, [Docket No. 9], directing Defendants Marcelo Lima ("Lima") and L&G Construction Corp. ("L&G") to amend their proposed answer setting forth specific facts sufficient to establish a meritorious defense in order to set aside an entry of default. Lima and L&G submitted an Affirmation to Supplement their Proposed Answer but did not actually amend their proposed answer with allegations sufficient to set aside the entry of default. [Docket No. 11.] The allegations must go in the proposed answer, not in an affirmation or declaration. United States v. $55,518.05 in U.S. Currency, 728 F.2d 192, 195 (3d Cir. 1984). Additionally, Lima and L&G did not submit briefing, as requested by the Court, on why the Court should not transfer the case to the Eastern District of Pennsylvania, with analysis of the public and private interest factors set forth in Jumara v. State Farm Ins. Co., 55 F.3d 873 (3d Cir. 1995). Within seven (7) days, Lima and L&G shall (i) submit an amended proposed answer (not an affirmation or declaration) alleging the facts they have previously described as sufficient to set forth their meritorious defense; and (ii) address the transfer issue. So Ordered by Chief Judge Renee Marie Bumb on 02/23/2024. (Costigan, Roberta) [Transferred from New Jersey on 3/14/2024.]
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Filing 13
RESPONSE TO ORDER TO SHOW CAUSE by All Plaintiffs. (COSTELLO, EDWARD) [Transferred from New Jersey on 3/14/2024.]
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CLERK'S QUALITY CONTROL MESSAGE - The Diversity Disclosure Statement #12 filed by Robert Stein on 2/6/2024 was uploaded prior to being flattened. Before uploading fillable forms to ECF you must flatten the file to prevent other users from manipulating or editing the information. The easiest way to flatten a PDF form is by selecting Print to PDF and saving the flattened form, other PDF software may differ. Please visit our #website under Flattening PDF Forms for guidance. Your document has been corrected. This message is for informational purposes only. (dmr) [Transferred from New Jersey on 3/14/2024.]
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Filing 12
Diversity Disclosure Statement by L & G CONSTRUCTION CORP., MARCELO LIMA. (STEIN, ROBERT) (Main Document 12 replaced on 2/7/2024) (dmr, ). [Transferred from New Jersey on 3/14/2024.]
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Filing 11
AMENDED DOCUMENT by L & G CONSTRUCTION CORP., MARCELO LIMA. Amendment to Set/Reset Motion and R&R Deadlines/Hearings, . (STEIN, ROBERT) [Transferred from New Jersey on 3/14/2024.]
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Filing 10
SUMMONS Returned Executed by EDWIN ACOSTA, MARC RIOS. L & G CONSTRUCTION CORP. served on 12/28/2023, answer due 1/18/2024. (SIMON, MARC) [Transferred from New Jersey on 3/14/2024.]
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Filing 9
MEMORANDUM OPINION AND ORDER Administratively Terminating #8 Motion to Set Aside Default; ORDERED that, within 14 days, Defendants supplement the proposed answer, [Docket No. 8-2], setting forth specific facts sufficient to establish a meritorious defense; ORDERED that, within 14 days, the parties shall submit briefing addressing why this Court should not transfer the case to the Eastern District of Pennsylvania. Signed by Chief Judge Renee Marie Bumb on 1/29/2024. (dmr) [Transferred from New Jersey on 3/14/2024.]
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Set Deadlines as to #8 MOTION to Set Aside Default. Motion set for 2/20/2024 before Chief Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) [Transferred from New Jersey on 3/14/2024.]
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Filing 8
MOTION to Set Aside Default by L & G CONSTRUCTION CORP., MARCELO LIMA. (Attachments: #1 Exhibit, #2 Exhibit)(STEIN, ROBERT) [Transferred from New Jersey on 3/14/2024.]
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Filing 7
MOTION for Default Judgment as to by EDWIN ACOSTA, MARC RIOS. (Attachments: #1 Exhibit EXHIBITS)(SIMON, MARC) [Transferred from New Jersey on 3/14/2024.]
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Set Deadlines as to #7 MOTION for Default Judgment. Motion set for 2/5/2024 before Chief Judge Renee Marie Bumb. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) [Transferred from New Jersey on 3/14/2024.]
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Clerk's ENTRY OF DEFAULT as to PATRICIA COSTA and MARCELO LIMA for failure to plead or otherwise defend.***VACATED as to MARCELO LIMA. (dmr) Modified on 3/14/2024 (dmr). [Transferred from New Jersey on 3/14/2024.]
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Filing 6
Request for Clerk's Entry of Default by EDWIN ACOSTA, MARC RIOS against MARCELO LIMA. (SIMON, MARC) [Transferred from New Jersey on 3/14/2024.]
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Filing 5
Request for Clerk's Entry of Default by EDWIN ACOSTA, MARC RIOS against PATRICIA COSTA. (SIMON, MARC) [Transferred from New Jersey on 3/14/2024.]
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Filing 4
SUMMONS Returned Executed by EDWIN ACOSTA, MARC RIOS. MARCELO LIMA served on 11/2/2023, answer due 11/27/2023. (SIMON, MARC) [Transferred from New Jersey on 3/14/2024.]
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Filing 3
SUMMONS Returned Executed by EDWIN ACOSTA, MARC RIOS. PATRICIA COSTA served on 11/2/2023, answer due 11/27/2023. (SIMON, MARC) [Transferred from New Jersey on 3/14/2024.]
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Filing 2
SUMMONS ISSUED as to PATRICIA COSTA, L & G CONSTRUCTION CORP., MARCELO LIMA. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (ssp, ) [Transferred from New Jersey on 3/14/2024.]
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CASE REFERRED to Arbitration. (ssp, ) [Transferred from New Jersey on 3/14/2024.]
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CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1(a)(2), unless the Court orders otherwise, in any action filed or removed to this Court, in which jurisdiction is based upon diversity under 28 U.S.C. 1332(a), a party or intervenor must file a disclosure statement naming and identifying the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. A party, intervenor or proposed intervenor must file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the Court. #Click here to complete the Diversity Disclosure Statement, once complete, file it using the event Diversity Disclosure Statement. (ssp, ) [Transferred from New Jersey on 3/14/2024.]
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Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (ssp, ) [Transferred from New Jersey on 3/14/2024.]
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Filing 1
COMPLAINT against PATRICIA COSTA, L & G CONSTRUCTION CORP., MARCELO LIMA ( Filing and Admin fee $ 402 receipt number ANJDC-14826098) with JURY DEMAND, filed by EDWIN ACOSTA, MARC RIOS. (Attachments: #1 Civil Cover Sheet CIVIL COVER SHEET)(SIMON, MARC) [Transferred from New Jersey on 3/14/2024.]
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Chief Judge Renee Marie Bumb and Magistrate Judge Ann Marie Donio added. (dmw) [Transferred from New Jersey on 3/14/2024.]
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