Rodriguez v. Monval et al
| New York Eastern District Court | |
| Judge: | Brian M Cogan |
| Case #: | 1:25-cv-00123 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Jan 08, 2025 |
| Terminated: | Jan 17, 2025 |
| Case in other court: | Supreme Court, 726507/2024 |
| Last checked: Wednesday Jan 08, 2025 11:08 AM EST |
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Defendant
Bilkays Trucking Inc
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Represented By
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Defendant
Gifferson Monval
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Represented By
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Defendant
Penske Truck Leasing Co LP
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Represented By
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Plaintiff
Maria Rodriguez
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Represented By
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| Docket last updated: 01/17/2025 11:59 PM EST |
| Friday, January 17, 2025 | ||
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order
Order of Remand to State Court
Fri 01/17 1:13 PM
ORDER REMANDING CASE to the Supreme Court of New York, Queens County (Index No. 726507/2024). As made clear from defendants' letter, plaintiff has not served defendants with any "amended pleading, motion, order or other paper" from which the jurisdictional amount could be ascertained. 28 U.S.C. § 1446(b)(3). Until plaintiff does so, the action is not removable. See id. Ordered by Judge Brian M. Cogan on 1/17/2025. (PW) |
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| Thursday, January 16, 2025 | ||
| 8 | 8
notice
Notice of Appearance
Thu 01/16 3:37 PM
NOTICE of Appearance by Joseph John Carcagno on behalf of Gifferson Monval, Penske Truck Leasing Co LP, Bilkays Trucking Inc (aty to be noticed) (Carcagno, Joseph) |
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| 7 | 7
misc
Letter
Thu 01/16 3:06 PM
Letter to Judge Cogan requesting extension of time by Gifferson Monval, Penske Truck Leasing Co LP, Bilkays Trucking Inc (Carcagno, Joseph) |
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| Wednesday, January 08, 2025 | ||
| 6 | 6
order
Scheduling Order
Wed 01/08 3:21 PM
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 1/29/2025 at 11:00 am. The parties are directed to call 571-353-2301 and enter Meeting ID 949146687#. In addition, plaintiff is directed to serve on defendants a complete set of medical releases and HIPAA authorizations prior to the conference. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 1/8/2025. (PW) |
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| 5 | 5
misc
Quality Control Check - Attorney Case Opening
Wed 01/08 10:57 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
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| 4 | 4
notice
Notice(Other)
Wed 01/08 10:56 AM
NOTICE by Gifferson Monval, Penske Truck Leasing Co LP, Bilkays Trucking Inc Notice of Filing (Connors, John) |
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| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Wed 01/08 10:54 AM
Civil Cover Sheet.. by Gifferson Monval, Penske Truck Leasing Co LP, Bilkays Trucking Inc (Connors, John) |
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| 2 | 2
misc
Corporate Disclosure Statement
Wed 01/08 10:53 AM
Corporate Disclosure Statement by Gifferson Monval, Penske Truck Leasing Co LP, Bilkays Trucking Inc (Connors, John) |
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| 1 | 1
notice
Notice of Removal
Wed 01/08 10:51 AM
NOTICE OF REMOVAL by All Defendants from Supreme, case number 726507/2024. ( Filing fee $ 405 receipt number ANYEDC-18644490) (Connors, John) |
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Att: 1
Exhibit Summons and Complaint,
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Att: 2
Exhibit Verified Answer
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utility
Case Assigned/Reassigned
Wed 01/08 10:56 AM
Case Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) |
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misc
ECF Admission and Registration Notification - Removal
Wed 01/08 10:59 AM
This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (KD) |
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order
Order to Show Cause
Wed 01/08 5:16 PM
ORDER TO SHOW CAUSE. Defendants are ORDERED TO SHOW CAUSE by 01/15/2025 why this action should not be remanded to state court. For the purposes of removal, the jurisdictional amount is satisfied only when a plaintiff "serves the defendant with a paper that explicitly specifies the amount of monetary damages sought." Moltner v. Starbucks Coffee Co. , 624 F.3d 34, 38 (2d Cir. 2010). A demand for relief "not to exceed the sum of TEN MILLION ($10,000,000) DOLLARS" does not cut it. Plaintiff might, for example, be seeking $74,999.99, which does not exceed $10,000,000 but does not satisfy 28 U.S.C. § 1332. Ordered by Judge Brian M. Cogan on 1/8/2025. (PW) |
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