Flores De Jesus et al v. Lecarl et al
| New York Eastern District Court | |
| Judge: | Eric R Komitee |
| Referred: | Vera M Scanlon |
| Case #: | 1:24-cv-08609 |
| Nature of Suit | 350 Torts - Personal Injury - Motor Vehicle |
| Cause | 28:1332 Diversity-Motor Vehicle Product Liability |
| Case Filed: | Dec 17, 2024 |
| Case in other court: | Supreme Queens, 715891/2024 |
| Last checked: Saturday Feb 01, 2025 4:05 AM EST |
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Defendant
HL Motor Group, Inc.
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Represented By
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Defendant
Highlight Motor Freight USA
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Represented By
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Defendant
Highlight Motor Group USA NJ
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Represented By
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Defendant
Ronald James Lecarl
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Represented By
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Defendant
Ryder Truck Rental Inc
Connors & Connors, PC 766 Castleton Avenue
Staten Island, NY 10310 |
Represented By
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Plaintiff
Ramon Fernandez Urena
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Represented By
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Plaintiff
Bernardino Flores De Jesus
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Represented By
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Plaintiff
Bernaly Flores Flores Fernandez
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Represented By
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| Docket last updated: 05/08/2025 11:59 PM EDT |
| Friday, May 02, 2025 | ||
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order
Order on Motion for Extension of Time to Complete Discovery
Fri 05/02 5:32 PM
ORDER granting15 Motion for Extension of Time to Complete Discovery. The parties must serve initial disclosures on or before 6/1/2025. The parties must serve initial document requests and interrogatories on or before 6/15/2025. Any joinder and/or amendments of the pleadings must be commenced on or before 6/30/2025. Plaintiffs' response to counsel conflict is to be served on or before 7/1/2025. A joint discovery status letter is due to the Court on or before 7/14/2025. Fact discovery closes 8/15/2025. If the parties engage in expert discovery, initial expert disclosures must be served by 8/15/2025, initial expert reports by 9/1/2025, and rebuttal expert reports by 10/1/2025. Expert discovery closes on 12/1/2025. By the same date, the parties must file a joint letter certifying the close of all discovery. Dispositive motion practice must commence on or before 1/30/2026 or the proposed JPTO must be filed on or before 2/27/2026, in accordance with the assigned judge's individual rules. Ordered by Magistrate Judge Vera M. Scanlon on 5/2/2025. (SH) |
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| Tuesday, April 29, 2025 | ||
| 15 | 15
motion
Extension of Time to Complete Discovery
Tue 04/29 11:34 AM
Second MOTION for Extension of Time to Complete Discovery to extend deadlines by HL Motor Group, Inc., Highlight Motor Freight USA, Highlight Motor Group USA NJ, Ronald James Lecarl, Ryder Truck Rental Inc. (Choudhury, Ashfaquzzaman) |
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| Wednesday, April 02, 2025 | ||
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order
Order on Motion for Extension of Time to File Status Report Order
Wed 04/02 2:39 PM
ORDER granting14 Motion for Extension of Time to File. Plaintiffs' response to counsel conflict is to be served on or before 5/6/2025. Plaintiff Flores de Jesus will respond to the counterclaim on or before 5/6/2025. The Court notes that the requested extension will not affect the remainder of the discovery schedule at 3/7/2025. Ordered by Magistrate Judge Vera M. Scanlon on 4/2/2025. (SH) |
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| Monday, March 31, 2025 | ||
| 14 | 14
misc
Letter
Mon 03/31 1:01 PM
Letter Joint Letter Request by Ramon Fernandez Urena, Bernardino Flores De Jesus, Bernaly Flores Flores Fernandez (Shalom, Jonathan) |
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| Friday, March 07, 2025 | ||
| 13 | 13
answer
Answer to Complaint
Fri 03/07 4:15 PM
Counterclaim ANSWER to Complaint by Bernardino Flores De Jesus. (Scahill, Francis) |
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| 12 | 12
notice
Notice of Appearance
Fri 03/07 1:59 PM
NOTICE of Appearance by Francis Jarlath Scahill on behalf of Bernardino Flores De Jesus (aty to be noticed) (Scahill, Francis) |
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order
Order on Motion for Extension of Time to Complete Discovery
Fri 03/07 3:34 PM
ORDER granting11 Motion for Extension of Time to Complete Discovery. Plaintiffs' response to counsel conflict is to be served on or before 4/6/2025. Plaintiff Flores de Jesus will respond to the counterclaim on or before 4/6/2025. The parties must serve initial disclosures on or before 5/1/2025. The parties must serve initial document requests and interrogatories on or before 5/15/2025. Any joinder and/or amendments of the pleadings must be commenced on or before 5/30/2025. A joint discovery status letter is due to the Court on or before 6/14/2025. Fact discovery closes 7/1/2025. If the parties engage in expert discovery, initial expert disclosures must be served by 7/1/2025, initial expert reports by 8/1/2025, and rebuttal expert reports by 9/1/2025. Expert discovery closes on 11/1/2025. By the same date, the parties must file a joint letter certifying the close of all discovery. Dispositive motion practice must commence on or before 12/31/2025 or the proposed JPTO must be filed on or before 1/30/2026, in accordance with the assigned judge's individual rules. Ordered by Magistrate Judge Vera M. Scanlon on 3/7/2025. (SH) |
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| Thursday, March 06, 2025 | ||
| 11 | 11
motion
Extension of Time to Complete Discovery
Thu 03/06 9:31 PM
First MOTION for Extension of Time to Complete Discovery to extend deadlines (corrected filing) by HL Motor Group, Inc., Highlight Motor Freight USA, Highlight Motor Group USA NJ, Ronald James Lecarl, Ryder Truck Rental Inc. (Choudhury, Ashfaquzzaman) |
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| 10 | 10
misc
Letter
Thu 03/06 4:12 PM
Letter to extend deadlines by HL Motor Group, Inc., Highlight Motor Freight USA, Highlight Motor Group USA NJ, Ronald James Lecarl, Ryder Truck Rental Inc (Choudhury, Ashfaquzzaman) |
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| Wednesday, January 22, 2025 | ||
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minutes
Initial Conference Hearing
Wed 01/22 11:27 AM
Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Initial Conference held 1/21/2025. Jonathan Shalom appeared on behalf of Plaintiffs. Ashfaquzzaman Choudhury appeared on behalf of Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #10:49-11:10.) (SH) |
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order
Scheduling Order
Wed 01/22 11:30 AM
ORDER. As discussed during the conference, the parties wish to engage in settlement discussion. Plaintiffs must serve a settlement demand on or before 1/27/2025; Defendants will respond by 2/17/2025. Plaintiff Flores de Jesus will respond to the counterclaim on or before 3/7/2025. The parties must serve initial disclosures on or before 4/1/2025. The parties must serve initial document requests and interrogatories on or before 4/15/2025. Any joinder and/or amendments of the pleadings must be commenced on or before 4/30/2025. A joint discovery status letter is due to the Court on or before 5/15/2025. Fact discovery closes 6/1/2025. If the parties engage in expert discovery, initial expert disclosures must be served by 6/1/2025, initial expert reports by 8/1/2025, and rebuttal expert reports by 9/1/2025. Expert discovery closes on 11/1/2025. By the same date, the parties must file a joint letter certifying the close of all discovery. Dispositive motion practice must commence on or before 12/1/2025 or the proposed JPTO must be filed on or before 1/9/2026, in accordance with the assigned judge's individual rules. If the parties wish to pursue mediation through the Court-annexed mediation program, they may request a referral to the program at any time by filing a joint request on ECF. See separate Order as to Plaintiffs' counsel's possible conflict regarding his representation of all Plaintiffs in this action. Ordered by Magistrate Judge Vera M. Scanlon on 1/22/2025. (SH) |
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order
Status Report Order
Wed 01/22 11:39 AM
ORDER. On or before 3/7/2025, Attorney for Plaintiffs must show cause in writing as to why counsel is not conflicted from representing all Plaintiffs, who are Bernardino Flores de Jesus, the driver of the subject vehicle, and the passengers in the Flores de Jesus vehicle, Plaintiffs Bernaly Flores Fernandez and Jose Ramon Fernandez Urena. See ECF Nos. 1-1 (complaint). In addition, Defendants have raised a counterclaim against Plaintiff Flores de Jesus, as to which a response is due on or before 3/7/2025. The Court raises this question because in almost all cases, a lawyer may not represent both the driver and the passenger of the same vehicle in a lawsuit related to an automobile accident. See , e.g., Genao de Valdez v. A. Duie Pyle, Inc. , 24 Civ. 05376 (HG), 2024 WL 4710877, at *1 (E.D.N.Y. Nov. 7, 2024); Cohen v. Strouch , No. 10 Civ. 7828 (DLC), 2011 WL 1143067, at *3 (S.D.N.Y. Mar. 24, 2011). For lawsuits arising out of automobile accidents, if the plaintiff-passenger does not pursue separate claims against the plaintiff-driver, "there is a risk of non-recovery [for the plaintiff-passenger] in the event that the named defendant is exculpated from fault." Shaikh ex rel Shaikh v. Waiters , 710 N.Y.S.2d 873, 876 (Nassau Cnty. Sup. Ct. 2000). If a lawyer has represented both the driver and the passenger in a lawsuit arising out of an automobile accident, that lawyer must withdraw as counsel for both the driver and the passenger. Once an "actual conflict of interest has arisen," a lawyer "who undertakes the joint representation of two parties in a lawsuit [should] not continue as counsel for either one[.]" Sidor v. Zuhoski , 690 N.Y.S.2d 637, 638 (2d Dept 1999) (quoting Matter of H. Children , 608 N.Y.S.2d 784, 785 (Kings Cnty. Fam. Ct. 1994)). This is because "continued representation of either or both parties would result in a violation of the ethical rule requiring an attorney to preserve a client's confidences or the rule requiring an attorney to represent a client zealously[.]" Id. at 638-39 (emphasis added). Even without evidence that an attorney obtained confidential information from a discontinued client, a conflict of interest remains if the lawyer retains representation of one plaintiff but discontinues representation of the other. See Gabri v. County of Niagara , 486 N.Y.S.2d 682, 685 (Niagara Cnty. Sup. Ct. 1985). District courts in the Second Circuit and New York courts have disqualified attorneys from representing either the driver or the passenger in an automobile action when the attorney previously represented both parties, even if the parties consented. See Cohen , 2011 WL 1143067, at *1, 5 (finding a conflict of interest unwaivable because the plaintiff-driver was a defendant in a state court action arising out of the same events as the instant litigation); Genao de Valdez , 2024 WL 4710877, at *2 (disqualifying counsel from representing the driver and passenger in an automobile lawsuit, despite a waiver, in part because a counterclaim had been filed against the plaintiff-driver); Shaikh , 710 N.Y.S.2d at 876); Ganiev v. Nazi , 730 N.Y.S.2d 661, 662 (2d Dept 2001). Here, Plaintiffs' counsel stated on the record during the 1/21/2025 conference that Plaintiffs had executed a conflict waiver; the Court is concerned that the conflict to the extent it exists may be one that cannot be waived. In addition, as discussed on the record, counsel for Plaintiffs believes that based on statements made by the insurance carrier, Defendants have acknowledged liability, but Defendants' counsel disagrees with that position at this time. To the extent that this understanding informed the conflict position, counsel must re-visit the analysis based on the current position of Defendants and the position taken in the answer at ECF No. 1-2. To the extent that counsel identifies a conflict that requires a change in representation, counsel should notify the Court and may propose a revised schedule to account for the counsel change. Ordered by Magistrate Judge Vera M. Scanlon on 1/22/2025. (SH) |
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| Thursday, January 09, 2025 | ||
| 9 | 9
misc
Case Management Statement
Thu 01/09 2:21 PM
CASE MANAGEMENT STATEMENT Joint Proposed Case Management Plan (Shalom, Jonathan) |
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| Monday, January 06, 2025 | ||
| 8 | 8
notice
Notice of Appearance
Mon 01/06 3:13 PM
NOTICE of Appearance by Julia Harvey on behalf of Ronald James Lecarl, Ryder Truck Rental Inc, Highlight Motor Group USA NJ, Highlight Motor Freight USA, HL Motor Group, Inc. (aty to be noticed) (Harvey, Julia) |
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| 7 | 7
order
Scheduling Order
Mon 01/06 12:54 PM
SCHEDULING ORDER: An initial conference is scheduled for 1/21/2025 at 10:45 AM via ZoomGov. To gain access to the ZoomGov audio conferencing system, counsel and/or any pro se parties are to dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. Please note that your microphone will be automatically muted when you enter the virtual conference room. If another conference is underway, please remain on mute until the case is called. At that time, you may unmute your microphone by pressing *6 on your keypad. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 1/13/2025. Ordered by Magistrate Judge Vera M. Scanlon on 1/6/2025. (SH) |
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| Thursday, December 19, 2024 | ||
| 6 | 6
notice
Notice of Appearance
Thu 12/19 1:27 PM
NOTICE of Appearance by Jonathan Shalom on behalf of All Plaintiffs (notification declined or already on case) (Shalom, Jonathan) |
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| Wednesday, December 18, 2024 | ||
| 5 | 5
misc
Quality Control Check - Attorney Case Opening
Wed 12/18 8:59 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
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| 4 | 4
misc
Clerks Notice of Rule 73
Wed 12/18 8:59 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CV) |
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utility
Case Assigned/Reassigned
Wed 12/18 8:58 AM
Case to Judge Eric R. Komitee and Magistrate Judge Vera M. Scanlon. 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. (CV) |
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misc
ECF Admission and Registration Notification - Removal
Wed 12/18 8:59 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. (CV) |
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| Tuesday, December 17, 2024 | ||
| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Tue 12/17 3:48 PM
Civil Cover Sheet.. by Ronald James Lecarl, Ryder Truck Rental Inc, Highlight Motor Group USA NJ, Highlight Motor Freight USA, HL Motor Group, Inc. (Choudhury, Ashfaquzzaman) |
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| 2 | 2
misc
Corporate Disclosure Statement
Tue 12/17 3:45 PM
Corporate Disclosure Statement by Ronald James Lecarl, Ryder Truck Rental Inc, Highlight Motor Group USA NJ, Highlight Motor Freight USA, HL Motor Group, Inc. (Choudhury, Ashfaquzzaman) |
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| 1 | 1
notice
Notice of Removal
Tue 12/17 2:34 PM
NOTICE OF REMOVAL by Ronald James Lecarl, Ryder Truck Rental Inc, Highlight Motor Group USA NJ, Highlight Motor Freight USA, HL Motor Group, Inc. from Supreme Court Queens County, case number 715891/2024. ( Filing fee $ 405 receipt number ANYEDC-18590973) (Choudhury, Ashfaquzzaman) |
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Att: 1
Exhibit A - Summons and Complaint,
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Att: 2
Exhibit B - Verified Answer,
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Att: 3
Exhibit C - Demand for Statement of Damages Pursuant to CPLR Section 3017,
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Att: 4
Exhibit D - Emails
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