KHAN v. Z&D TOUR, INC., et al
| JULIA KHAN |
| Z&D TOUR, INC. and PENSKE TRUCK LEASING CORP. |
| FEDEX GROUND PACKAGE SYSTEM, INC. |
| UNITED STATES PARCEL SERVICE, INC. |
| 2:2021cv00587 |
| May 5, 2021 |
| US District Court for the Western District of Pennsylvania |
| Lisa Pupo Lenihan |
| Arthur J Schwab |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on June 14, 2021. A more recent docket listing may be available from PACER.
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| Filing 44 Disclosure Statement identifying United Parcel Service, Inc. as corporate parent or other affiliate, by UNITED STATES PARCEL SERVICE, INC.. (Stewart, Gary) |
| Update Answer Deadline: Answer due from FEDEX GROUND PACKAGE SYSTEM, INC. on 7/26/2021 (jjg) |
| Filing 43 ANSWER to #9 Crossclaim of Z&D Tour, Inc. by FEDEX GROUND PACKAGE SYSTEM, INC. (Cookinham, Claire) Modified on 6/4/2021 (jjg). |
| Filing 42 NOTICE of Appearance by Gary N. Stewart on behalf of UNITED STATES PARCEL SERVICE, INC.. (Stewart, Gary) |
| Filing 41 WAIVER OF SERVICE Returned Executed by FEDEX GROUND PACKAGE SYSTEM, INC.. UNITED STATES PARCEL SERVICE, INC. waiver sent on 5/26/2021, answer due 7/26/2021. (Cookinham, Claire) Modified on 6/4/2021 (jjg). |
| Filing 40 ANSWER to #32 Answer to Complaint, Crossclaim of FedEx by Z&D TOUR, INC.. (Pentecost, William) |
| Filing 39 THIRD PARTY COMPLAINT against UNITED STATES PARCEL SERVICE, INC., filed by FEDEX GROUND PACKAGE SYSTEM, INC.. (Cookinham, Claire) |
| Filing 38 NOTICE of Appearance by Grant H Hackley on behalf of PENSKE TRUCK LEASING CORP.. (Hackley, Grant) |
| Filing 37 NOTICE of Substitution of Attorney Appearance by Gary N. Stewart on behalf of PENSKE TRUCK LEASING CORP.. Attorney David Scott Kritzer terminated. (Stewart, Gary) |
| Filing 36 NOTICE of Appearance by Gerard J. Cipriani on behalf of Z&D TOUR, INC.. (Cipriani, Gerard) |
Filing 35
ORDER granting #33 Motion to Substitute Attorney. Added attorney Robert E. Dapper, Jr for FEDEX GROUND PACKAGE SYSTEM, INC. Signed by Judge Arthur J. Schwab on 5/11/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lck) Modified on 5/12/2021 (ma).
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| Filing 34 NOTICE of Appearance by William B. Pentecost, Jr on behalf of Z&D TOUR, INC.. (Pentecost, William) |
| Filing 33 MOTION to Substitute Attorney by FEDEX GROUND PACKAGE SYSTEM, INC.. (Dapper, Robert) |
| Filing 32 ANSWER to Complaint , CROSSCLAIM against PENSKE TRUCK LEASING CORP., Z&D TOUR, INC. by FEDEX GROUND PACKAGE SYSTEM, INC.. (Attachments: #1 Exhibit Corporate Disclosure Statement) (Cookinham, Claire) |
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Filing 31
ORDER granting #30 Motion to Substitute Attorney. Added attorney Claire M. Cookinham for FEDEX GROUND PACKAGE SYSTEM, INC. Attorney Christopher Smith Del Bove and Christopher Gerald Fusco terminated. Signed by Judge Arthur J. Schwab on 5/11/21. (lck) Modified on 5/12/2021 (ma).
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| Filing 30 MOTION to Substitute Attorney by FEDEX GROUND PACKAGE SYSTEM, INC.. (Cookinham, Claire) |
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Filing 29
ORDER Re: Federal Rule of Civil Procedure 12(b) Motions to Dismiss. Signed by Judge Arthur J. Schwab on 5/10/21. (ms)
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| Filing 28 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (ms) |
| Filing 27 NOTICE of Substitution of Attorney by FEDEX GROUND PACKAGE SYSTEM, INC. (Cookinham, Claire) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #27 Notice. ERROR: Wrong event selected. CORRECTION: Filer advised that this must be filed as a Motion, and attaching a proposed order ACTION REQUIRED (jd) |
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Filing 26
ORDER that the Clerk of Court is directed to reassign this case to Judge Arthur J. Schwab. Signed by Magistrate Judge Lisa Pupo Lenihan on 05/07/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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| Judge Arthur J. Schwab added. Magistrate Judge Lisa Pupo Lenihan no longer assigned to case. (jmb) |
| Filing 25 Case transferred in from District of New York Southern; Case Number 1:21-cv-01476. Original file certified copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Western District of Pennsylvania.(va) |
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Filing 24
ORDER granting #12 Motion to Dismiss. Accordingly, the Court grants FedEx's motion to transfer the case to the Western District of Pennsylvania. The Clerk of the Court is respectfully directed to terminate the motion pending at docket 12 and to transfer this case to the United States District Court for the Western District of Pennsylvania. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/27/2021) (va) Transmission to Office of the Clerk of Court for processing.
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| Filing 23 FIRST LETTER addressed to Judge Paul A. Engelmayer from Richard K. Hershman dated 04/23/2021 re: Pending Motion. Document filed by Julia Khan..(Hershman, Richard) |
| Filing 22 LETTER addressed to Judge Paul A. Engelmayer from David S. Kritzer, Esq. dated 04/22/2021 re: Motion of Co-Defendant, FedEx. Document filed by Penske Truck Leasing Corp...(Kritzer, David) |
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Filing 21
ORDER re: #12 MOTION to Dismiss filed by FedEx Ground Package System, Inc. At yesterday's conference, the Court stayed discovery pending the resolution of the motion filed by FedEx Ground Package System, Inc. ("FedEx") to dismiss for lack of jurisdiction or, in the alternative, to transfer to the Western District of Pennsylvania. Dkt. 12. Plaintiff's opposition, or statement that plaintiff does not oppose, FedEx's motion to transfer is due April 29, 2021. Z&D Tour, Inc. and Penske Truck Leasing Corp. are directed to file forthwith letters indicating whether they intend to join or oppose FedEx's motion to dismiss or, in the alternative, transfer the case. SO ORDERED. ( Responses due by 4/29/2021) (Signed by Judge Paul A. Engelmayer on 4/9/2021) (va)
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| Filing 20 RESPONSE in Support of Motion re: #12 MOTION to Dismiss . Joining Motion to Transfer Venue, only. Document filed by Z&D Tour, Inc...(Tilak, Sunil) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephonic Initial Pretrial Conference held on 4/8/2021. (ajs) |
| Filing 19 NOTICE OF APPEARANCE by Christopher Smith Del Bove on behalf of FedEx Ground Package System, Inc...(Del Bove, Christopher) |
| Filing 18 NOTICE OF APPEARANCE by David Scott Kritzer on behalf of Penske Truck Leasing Corp...(Kritzer, David) |
| Filing 17 PROPOSED CASE MANAGEMENT PLAN. Document filed by FedEx Ground Package System, Inc.. (Attachments: #1 Exhibit A).(Fusco, Christopher) |
| Filing 16 DEMAND for Trial by Jury. Document filed by Julia Khan.(Hershman, Richard) |
| Filing 15 NOTICE OF APPEARANCE by Richard K. Hershman on behalf of Julia Khan..(Hershman, Richard) |
| Filing 14 LETTER addressed to Judge Paul A. Engelmayer from Christopher G. Fusco, Esq. dated April 2, 2021 re: February 24, 2021 Court Order. Document filed by FedEx Ground Package System, Inc...(Fusco, Christopher) |
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Filing 13
ORDER: Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by April 22, 2021. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by May 13, 2021, defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by April 22, 2021. Defendant's reply, if any, shall be served by May 6, 2021. At the time any reply is served, the moving party shall supply the Court with a courtesy copy of all motion papers by attaching them as PDF files to a single email addressed to EngelmayerNYSDChambers@nysd.uscourts.gov. The Court will determine later, after receipt of plaintiff's anticipated brief opposing a motion to dismiss the current or amended complaint, whether to schedule oral argument. SO ORDERED. (Amended Pleadings due by 4/22/2021, Motions due by 5/13/2021.) (Signed by Judge Paul A. Engelmayer on 4/2/2021) (jca)
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| Filing 12 MOTION to Dismiss . Document filed by FedEx Ground Package System, Inc.. (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss, #2 Declaration of Christopher Fusco, Esq., #3 Text of Proposed Order Proposed Order, #4 Certificate of Service, #5 Exhibit A - Police Crash Report, #6 Exhibit B - Securities and Exchange, #7 Exhibit C - Bronx County Summons & Complaint, #8 Exhibit D - Police Crash Report - Commonwealth of PA, #9 Exhibit E - Notice of Removal, #10 Exhibit F - Complaint for related litigation, #11 Exhibit G - Docket for related case, #12 Exhibit H - Complaint for related litigation).(Fusco, Christopher) |
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/10/2021) (jca)
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| Set/Reset Deadlines: FedEx Ground Package System, Inc. answer due 4/1/2021. (jca) |
| Filing 10 SECOND LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Christopher G. Fusco, Esq. dated 3-9-2021. Document filed by FedEx Ground Package System, Inc...(Fusco, Christopher) |
| Filing 9 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against FedEx Ground Package System, Inc., Penske Truck Leasing Corp.. Document filed by Z&D Tour, Inc...(Tilak, Sunil) |
| Filing 8 NOTICE OF APPEARANCE by Sunil Tilak on behalf of Z&D Tour, Inc...(Tilak, Sunil) |
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. (And as further set forth herein.) SO ORDERED. Initial Conference set for 4/8/2021 at 03:00 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 2/24/2021) (jca)
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Filing 6
ORDER granting #5 Letter Motion for Extension of Time to File Response/Reply re #5 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Paul A. Engelmayer from Christopher G. Fusco dated February 23, 2021. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/24/2021) (jca)
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| Set/Reset Deadlines: FedEx Ground Package System, Inc. answer due 3/11/2021. (jca) |
| Filing 5 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Paul A. Engelmayer from Christopher G. Fusco dated February 23, 2021. Document filed by FedEx Ground Package System, Inc...(Fusco, Christopher) |
| Filing 4 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 800432/2021E. (Filing Fee $ 402.00, Receipt Number ANYSDC-24005705).Document filed by FedEx Ground Package System, Inc.. (Attachments: #1 Exhibit A - Summons & Complaint, #2 Exhibit B - Affidavit of Service - FXG, #3 Exhibit C - Affidavit of Service - Z&D, #4 Exhibit D - Affidavit of Service - Penske Trucking, #5 Exhibit E - FILED Notice of Appearance, #6 Exhibit F - Notice of Appearance - Z&D, #7 Exhibit G - Notice of Appearance - Z&D, #8 Exhibit H - Notice of Appearance - Z&D, #9 Exhibit I - Stip Extending Time to File Responsive Pleading, #10 Exhibit J - Z&D Consent to Removal, #11 Exhibit K - Penske Consent to Removal, #12 Exhibit L - Notice of Filing of Notice of Removal).(Fusco, Christopher) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christopher Gerald Fusco to RE-FILE Document No. #1 Notice of Removal,,. The filing is deficient for the following reason(s): Notice of Removal exhibits must be labeled and filed as attachments to the notice of removal pursuant to ECF Filing Rule 13.3. Exhibits cannot be labeled Exhibit A, Exhibit B, etc.. 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. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher Gerald Fusco. The party information for the following party/parties has been modified: JULIA KHAN, Z&D TOUR, INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(dnh) |
| Magistrate Judge Gabriel W. Gorenstein 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. (dnh) |
| Case Designated ECF. (dnh) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent FedEx Corporation for FedEx Ground Package System, Inc.. Document filed by FedEx Ground Package System, Inc...(Fusco, Christopher) |
| Filing 2 CIVIL COVER SHEET filed..(Fusco, Christopher) |
| Filing 1 FILING ERROR - EXHIBITS NOT CLEARLY TITLED-NOTICE OF REMOVAL from Supreme Court, County of Bronx County. Case Number: 800432/2021E. (Filing Fee $ 402.00, Receipt Number ANYSDC-23993103).Document filed by FedEx Ground Package System, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L).(Fusco, Christopher) Modified on 2/19/2021 (dnh). |
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