Nichols v. Dick Lavy Trucking Inc. et al

New York Southern District Court
Judge:	Jennifer H Rearden
Case #:	1:24-cv-01126
Nature of Suit	360 Torts - Personal Injury - Other Personal Injury
Cause	28:1332 Diversity Action

Case Filed:	Feb 15, 2024
Terminated:	Sep 30, 2024

Docket
Parties (3)

Last checked: Tuesday Aug 13, 2024 4:34 AM EDT

Defendant Dick Lavy Trucking Inc.	Represented By Jeffrey Alan Payne Payne Law contact info
Defendant Duane Harkless	Represented By Jeffrey Alan Payne Payne Law contact info
Plaintiff Sallyann P. Nichols	Represented By Paul Jon Edelstein The Edelsteins, Faegenburg & Brown contact info

Docket last updated: 04/22/2025 11:59 PM EDT

Wednesday, October 02, 2024
		misc Received Acknowledgment (Electronic Case Transfer) Wed 10/02 4:09 PM Received e-mail from the United States District Court - District of Massachusetts acknowledging receipt of transferred case. Assigned Case Number: 3:24-cv-30120, filed on 10/02/2024. (vba) Related: [-]
Monday, September 30, 2024
13		13 order Stipulation and Order Mon 09/30 5:07 PM STIPULATION AND ORDER TO TRANSFER VENUE IT IS HEREBY STIPULATED AND AGREED, that the above-captioned action be, and hereby is, transferred to the United States District Court for the District of Massachusetts, pursuant to 28 U.S.C. � 1404(a). SO ORDERED. (Signed by Judge Jennifer H. Rearden on 9/30/2024) (jca) Modified on 9/30/2024 (jca) Related: [-]
12		12 misc Letter Mon 09/30 4:02 PM LETTER addressed to Judge Jennifer H. Rearden from Paul J. Edelstein, Esq dated September 30 2024 re: Declaration of Sallyann P. Nichols. Document filed by Sallyann P. Nichols..(Edelstein, Paul) Related: [-]
11		11 misc Letter Mon 09/30 3:50 PM LETTER addressed to Judge Jennifer H. Rearden from Paul J. Edelstein, Esq dated September 30 2024 re: Stipulation and Order to Transfer Venue. Document filed by Sallyann P. Nichols..(Edelstein, Paul) Related: [-]
10		10 misc Proposed Stipulation and Order Mon 09/30 3:45 PM PROPOSED STIPULATION AND ORDER. Document filed by Sallyann P. Nichols..(Edelstein, Paul) Related: [-]
		transfer Case Transferred Out - District Transfer Mon 09/30 5:09 PM CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Massachusetts.(jca) Related: [-]
Friday, September 20, 2024
9		9 3 pgs order Order to Show Cause Fri 09/20 5:42 PM ORDER In view of the foregoing, IT IS HEREBY ORDERED that, by Monday, September 30, 2024, Plaintiff shall show cause why this action should not be dismissed for lack of subject matter jurisdiction. IT IS FURTHER ORDERED that, by September 30, 2024, (1) Defendant must show cause why this case should not be transferred to the District of Massachusetts if the Court determines that subject matter jurisdiction lies; or, alternatively, (2) the parties may inform the Court if (assuming subject matter jurisdiction exists) they consent to the transfer of this case to the District of Massachusetts. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer H. Rearden on 9/20/2024) (jca) Related: [-]
Wednesday, September 18, 2024
8		8 misc Proposed Case Management Plan Wed 09/18 8:42 AM PROPOSED CASE MANAGEMENT PLAN. Document filed by Dick Lavy Trucking Inc., Duane Harkless..(Payne, Jeffrey) Related: [-]
Wednesday, March 20, 2024
7		7 answer Answer to Complaint Wed 03/20 12:58 PM ANSWER to1 Complaint. Document filed by Dick Lavy Trucking Inc., Duane Harkless..(Payne, Jeffrey) Related: [-]
		Att: 1 Affidavit Declaration of Service - Verified Answer
Monday, March 04, 2024
6		6 service Affidavit of Service Complaints Mon 03/04 9:57 AM AFFIDAVIT OF SERVICE. Duane Harkless served on 2/23/2024, answer due 3/15/2024. Service was accepted by DAMIERA HARKLESS. Document filed by Sallyann P. Nichols..(Edelstein, Paul) Related: [-]
5		5 service Affidavit of Service Complaints Mon 03/04 9:53 AM AFFIDAVIT OF SERVICE. Dick Lavy Trucking Inc. served on 3/2/2024, answer due 3/25/2024. Service was accepted by DOUG LAVY VICE PRESIDENT. Document filed by Sallyann P. Nichols..(Edelstein, Paul) Related: [-]
Wednesday, February 21, 2024
4		4 service Summons Issued Wed 02/21 3:12 PM ELECTRONIC SUMMONS ISSUED as to Dick Lavy Trucking Inc., Duane Harkless..(jgo) Related: [-]
Tuesday, February 20, 2024
3		3 service Request for Issuance of Summons Tue 02/20 2:45 PM REQUEST FOR ISSUANCE OF SUMMONS as to DICK LAVY TRUCKING, INC., DUANE HARKLESS, re:1 Complaint. Document filed by Sallyann P. Nichols..(Edelstein, Paul) Related: [-]
Friday, February 16, 2024
		misc Notice to Attorney Regarding Party Modification Fri 02/16 10:52 AM ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul Jon Edelstein. The party information for the following party/parties has been modified: DICK LAVY TRUCKING INC., DUANE HARKLESS, SALLY P. NICHOLS. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party name entered incorrectly. (vf) Related: [-]
		misc Notice to Attorney Regarding Case Opening Statistical Error Correction Fri 02/16 10:56 AM ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Paul Jon Edelstein. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 360 (P.I.: Other); Citizenship Defendant code 2 (Citizen of Another State); County code New York. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 350 (Motor Vehicle); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to Westchester. (vf) Related: [-]
		notice Case Opening Initial Assignment Notice Fri 02/16 11:04 AM CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vf) Related: [-]
		utility Case Designation Fri 02/16 11:04 AM Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vf) Related: [-]
		utility Case Designated ECF Fri 02/16 11:05 AM Case Designated ECF. (vf) Related: [-]
Thursday, February 15, 2024
2		2 misc Civil Cover Sheet Thu 02/15 4:48 PM CIVIL COVER SHEET filed..(Edelstein, Paul) Related: [-]
1		1 cmp Complaint Thu 02/15 4:36 PM COMPLAINT against DICK LAVY TRUCKING INC., DUANE HARKLESS. (Filing Fee $ 405.00, Receipt Number ANYSDC-28953723)Document filed by SALLY P. NICHOLS..(Edelstein, Paul) Related: [-]

Continue to Create Account