GARCIA VELEZ et al v. LSL LOGISTICS LLC et al
| New York Southern District Court | |
| Judge: | Jesse M Furman |
| Case #: | 1:25-cv-01412 |
| Nature of Suit | 350 Torts - Personal Injury - Motor Vehicle |
| Cause | 28:1332 Diversity Action |
| Case Filed: | Feb 19, 2025 |
| Last checked: Saturday Apr 05, 2025 7:19 AM EDT |
|
Defendant
Cesar Omar Ortiz Ortiz
|
Represented By
|
|
Defendant
LSL Logistics LLC
|
Represented By
|
|
Plaintiff
Israel Garcia Velez
|
Represented By
|
|
Plaintiff
Lisa Vongnarath
|
Represented By
|
| Docket last updated: 77 minutes ago |
| Friday, April 11, 2025 | ||
| 19 | 19
order
Case Management Plan
Fri 04/11 3:38 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The parties are free to withhold consent without adverse substantive consequences. Motions due by 5/13/2025. Deposition due by 9/27/2025. Fact Discovery due by 8/13/2025. Expert Discovery due by 9/27/2025. This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is two weeks. Telephone Conference set for 8/19/2025 at 09:00 AM before Judge Jesse M. Furman. Unless and until the Court orders otherwise, the conference will be held remotely by telephone in accordance with Paragraph 3.B of the Courts Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Courts dedicated conference line at (855) 244-8681 and using access code 2303 019 3884, followed by the pound (#) key. When prompted for an attendee ID number, press the pound (#) key again. In light of the parties' joint letter, the Court does not believe an initial pretrial conference is necessary. Accordingly, the initial pretrial conference scheduled for April 15, 2025, see ECF No. 4, is hereby CANCELED. The parties should note the amended deadlines for the completion of discovery, the deadline for the parties' joint letter regarding settlement, and the date of the next pretrial conference included above. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/11/25) (yv) |
|
| Thursday, April 10, 2025 | ||
| 18 | 18
misc
Letter
Thu 04/10 1:32 PM
FIRST LETTER addressed to Judge Jesse M. Furman from Linda Simmons dated April 8, 2025 re: Joint status letter. Document filed by Israel Garcia Velez, Lisa Vongnarath..(Simmons, Linda) |
|
|
Att: 1
Exhibit Proposed case management order
|
||
| Monday, April 07, 2025 | ||
| 17 | 17
1
pgs
order
Order
Mon 04/07 11:56 AM
ORDER : Counsel are reminded that, per the Court's earlier Scheduling Order, they must submit their proposed case management plan and joint letter by the Thursday prior to the upcoming conference. The parties should indicate in their joint letter whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not (or if the Court concludes that, the parties' views notwithstanding, a conference should be held), the Court will hold the initial conference by telephone, albeit perhaps during the week of April 21, 2025. To that end, counsel should indicate in their joint letter dates and times between April 21, 2025, and April 25, 2025, that they would be available for a telephone conference. Unless and until the Court orders otherwise, however, the conference will proceed and will do so on the date and time previously set. In the event a conference is held, the parties should join it by calling the Court's dedicated conference line at (855) 244-8681 and using access code 2303 019 3884, followed by the pound (#) key. When prompted for an attendee ID number, press the pound (#) key again. Further, counsel should review and comply with the procedures for telephone conferences set forth in the Court's Individual Rules and Practices for Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, including Rule 3(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/7/2025) (jjc) |
|
| Wednesday, March 26, 2025 | ||
| 16 | 16
1
pgs
order
Order on Motion to Remand to State Court
Wed 03/26 12:30 PM
ORDER denying11 Motion to Remand to State Court. In light of Defendants' Affirmation filed on March 25, 2025, see ECF No. 15, the motion is DENIED. The Clerk of Court is directed to terminate ECF No. 11. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/26/25) (yv) |
|
| Tuesday, March 25, 2025 | ||
| 15 | 15
respm
Affirmation in Opposition to Motion
Tue 03/25 4:38 PM
AFFIRMATION of STEPHEN SCHIOPPI in Opposition re:11 FIRST MOTION to Remand to State Court .. Document filed by Cesar Omar Ortiz Ortiz..(Schioppi, Stephen) |
|
|
Att: 1
Exhibit Summons & Complaint,
|
||
|
Att: 2
Exhibit Liability_Police Reports,
|
||
|
Att: 3
Exhibit Statement of Domestication(IN) and Certificate of Organization LLC-,
|
||
|
Att: 4
Exhibit Affidavit of Sylvia Maldonado,
|
||
|
Att: 5
Exhibit DEC Page,
|
||
|
Att: 6
Exhibit LUPIA v. NJ TRANSIT RAIL OPERATIONS INC. (Verdict Settlement Summary),
|
||
|
Att: 7
Exhibit Reyes v. Bugg et al(Verdict Settlement Summary),
|
||
|
Att: 8
Exhibit Fetahu v. Torres (Verdict Settlement Summary)
|
||
| Thursday, March 20, 2025 | ||
| 14 | 14
order
Memo Endorsement ~Util - Set Deadlines
Thu 03/20 11:14 AM
MEMO ENDORSEMENT on re:11 FIRST MOTION to Remand to State Court . filed by Lisa Vongnarath, Israel Garcia Velez. ENDORSEMENT: Defendants shall file a response, not to exceed ten pages, by March 27, 2025. No reply may be filed without prior leave of Court. SO ORDERED., ( Responses due by 3/27/2025) (Signed by Judge Jesse M. Furman on 3/20/25) (yv) |
|
| Monday, March 17, 2025 | ||
| 13 | 13
4
pgs
respm
Memorandum of Law in Support of Motion
Mon 03/17 12:58 PM
FIRST MEMORANDUM OF LAW in Support re:11 FIRST MOTION to Remand to State Court . . Document filed by Israel Garcia Velez, Lisa Vongnarath..(Simmons, Linda) |
|
| 12 | 12
respm
Declaration in Support of Motion
Mon 03/17 12:57 PM
DECLARATION of Linda Simmons in Support re:11 FIRST MOTION to Remand to State Court .. Document filed by Israel Garcia Velez, Lisa Vongnarath..(Simmons, Linda) |
|
|
Att: 1
Exhibit PA Statement of Domestication,
|
||
|
Att: 2
Exhibit Form DSCB:15-375,
|
||
|
Att: 3
Exhibit Form DSCB:15-8821
|
||
| 11 | 11
motion
Remand to State Court
Mon 03/17 12:53 PM
FIRST MOTION to Remand to State Court . Document filed by Israel Garcia Velez, Lisa Vongnarath..(Simmons, Linda) |
|
| Saturday, March 08, 2025 | ||
| 10 | 10
notice
Notice of Removal
Sat 03/08 10:15 AM
NOTICE OF REMOVAL from SUPREME, County of BRONX. Case Number: 817700/2024E..Document filed by LSL Logistics LLC..(Schioppi, Stephen) |
|
|
Att: 1
Exhibit S&C,
|
||
|
Att: 2
Exhibit AOS1,
|
||
|
Att: 3
Exhibit AOS2,
|
||
|
Att: 4
Exhibit ANS,
|
||
|
Att: 5
Exhibit PAR,
|
||
|
Att: 6
Exhibit DEC,
|
||
|
Att: 7
Exhibit CASE1,
|
||
|
Att: 8
Exhibit CASE2,
|
||
|
Att: 9
Exhibit CASE3,
|
||
|
Att: 10
Exhibit DOM
|
||
| Friday, March 07, 2025 | ||
| 9 | 9
2
pgs
order
Order ~Util - Set Deadlines
Fri 03/07 3:19 PM
ORDER, It is hereby ORDERED that, on or before March 10, 2025, Defendants shall amend their Notice of Removal to allege the citizenship of each constituent person or entity comprising LSL Logistics LLC (including the state of incorporation and principal place of business of any corporate entity member). If, by that date, Defendants are unable to amend their Notice of Removal to truthfully allege complete diversity of citizenship, then the action will be remanded to the Supreme Court of New York, County of Bronx, without further notice to either party. SO ORDERED. ( Amended Pleadings due by 3/10/2025.) (Signed by Judge Jesse M. Furman on 3/7/25) (yv) |
|
| Thursday, March 06, 2025 | ||
| 8 | 8
notice
Notice (Other)
Thu 03/06 12:57 PM
NOTICE of Amended Petition for Removal. Document filed by Cesar Omar Ortiz Ortiz..(Schioppi, Stephen) |
|
|
Att: 1
Exhibit Summons & Complaint,
|
||
|
Att: 2
Exhibit Proof of Service,
|
||
|
Att: 3
Exhibit Proof of Service (Ortiz),
|
||
|
Att: 4
Exhibit Answer,
|
||
|
Att: 5
Exhibit Police Report,
|
||
|
Att: 6
Exhibit Declaration Page,
|
||
|
Att: 7
Exhibit LUPIA (Verdict & Settlement Summary),
|
||
|
Att: 8
Exhibit Reyes v. Bugg et al(Verdict & Settlement Summary),
|
||
|
Att: 9
Exhibit Fetahu v. Torres (Verdict & Settlement Summary)
|
||
| Tuesday, February 25, 2025 | ||
| 7 | 7
notice
Notice of Appearance
Tue 02/25 1:44 PM
NOTICE OF APPEARANCE by Linda Simmons on behalf of Israel Garcia Velez, Lisa Vongnarath..(Simmons, Linda) |
|
| Monday, February 24, 2025 | ||
| 6 | 6
service
Affidavit of Service Other
Mon 02/24 7:29 PM
AFFIDAVIT OF SERVICE of ORDEER served on PLAINTIFFS ISRAEL GARCIA VELEZ and LISA VONGNARATH on 2/24/25. Document filed by Israel Garcia Velez..(Schioppi, Stephen) |
|
|
Att: 1
Affidavit AFFIRMATION OF SERVICE OF ORDER
|
||
| 5 | 5
3
pgs
order
Order to Show Cause ~Util - Set Deadlines
Mon 02/24 2:57 PM
ORDER, It is hereby ORDERED that, on or before March 10, 2025, Defendants shall amend their Notice of Removal to allege the citizenship of each constituent person or entity comprising the Defendant LLCs. Defendants are further ORDERED to show cause in writing by March 10, 2025, why this case should not be remanded to the Supreme Court of New York, Bronx County due to the lack of allegations of a jurisdictionally sufficient amount in controversy. Plaintiffs may file a response no later than March 17, 2025. If Defendants fail to show cause or fails to amend their Notice Removal by the deadline, the Court will remand the case for lack of subject-matter jurisdiction without further notice to the parties. Finally, Defendants are directed to, within two business days of this Order, serve on Plaintiffs a copy of this Order and to file proof of such service on the docket. Counsel for Plaintiffs is directed to file a notice of appearance on the docket within two business days of such service. SO ORDERED. ( Amended Pleadings due by 3/10/2025., Show Cause Response due by 3/17/2025.) (Signed by Judge Jesse M. Furman on 2/24/25) (yv) |
|
| 4 | 4
3
pgs
order
Order for Initial Pretrial Conference
Mon 02/24 2:50 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on April 15, 2025 at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (855) 244-8681 and using access code 2303 019 3884, followed by the pound (#) key. When prompted for an attendee ID number, press the pound (#) key again. Additionally, in accordance with Paragraph 3.D of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. SO ORDERED. ( Initial Conference set for 4/15/2025 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/24/25) (yv) |
|
| Friday, February 21, 2025 | ||
|
misc
Case Opening Fee Paid via Pay.gov
Fri 02/21 9:30 AM
Civil Case Opening Fee Paid electronically via Pay.gov: for1 Notice of Removal,,. Filing fee $ 405.00. Pay.gov receipt number ANYSDC-30650559, paid on 2/20/2025..(pc) |
||
|
notice
Case Opening Initial Assignment Notice
Fri 02/21 9:32 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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] ..(pc) |
||
|
utility
Case Designation
Fri 02/21 9:33 AM
Magistrate Judge Stewart D. Aaron 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] . (pc) |
||
|
utility
Case Designated ECF
Fri 02/21 9:33 AM
Case Designated ECF. (pc) |
||
| Thursday, February 20, 2025 | ||
| 3 | 3
misc
Civil Cover Sheet
Thu 02/20 4:22 PM
CIVIL COVER SHEET filed..(Schioppi, Stephen) |
|
| 2 | 2
misc
Rule 7.1 Corporate Disclosure Statement
Thu 02/20 4:21 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by LSL Logistics LLC..(Schioppi, Stephen) |
|
|
misc
Notice to Attorney Regarding Party Modification
Thu 02/20 9:48 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Stephen Schioppi. The party information for the following party/parties has been modified: CEASAR OMAR ORTIZ ORTIZ, LSL LOGISTICS LLC, ISRAEL GARCIA VELEZ, LISA VONGNARATH. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; DO NOT ENTER ALL PARTY NAMES IN ALL CAPS. (pc) |
||
|
misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Thu 02/20 9:48 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Stephen Schioppi. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (pc) |
||
|
misc
Notice to Attorney Regarding Deficient Civil Cover Sheet
Thu 02/20 9:48 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Stephen Schioppi to RE-FILE Document No. 1 Notice of Removal,,. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated December 4, 2024; the event wrong event type was used to file the civil cover sheet; incorrect citizenship for the defendant was selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated December 4, 2024. The S.D.N.Y. Civil Cover Sheet dated December 4, 2024 is located at http://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (pc) |
||
|
misc
Notice to Attorney Regarding Deficient Rule 7.1 Corporate Disclosure Statement
Thu 02/20 9:48 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Stephen Schioppi to RE-FILE Document No. 1 Notice of Removal,,. The filing is deficient for the following reason(s): the wrong event type was used to file the corporate disclosure statement;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (pc) |
||
|
misc
Case Opening Fee Due
Thu 02/20 9:48 AM
***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Stephen Schioppi. Civil Case Opening Fee of Due: for1 Notice of Removal,,. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 2/25/2025..(pc) |
||
| Wednesday, February 19, 2025 | ||
| 1 | 1
notice
Notice of Removal
Wed 02/19 12:50 PM
NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 817700/2024E..Document filed by CEASAR OMAR ORTIZ ORTIZ, LSL LOGISTICS LLC..(Schioppi, Stephen) |
|
|
Att: 1
Affidavit Rule 7.1 Statement,
|
||
|
Att: 2
Civil Cover Sheet Civil Cover Sheet,
|
||
|
Att: 3
Exhibit Exhibit A - Summons & Complaint,
|
||
|
Att: 4
Exhibit Exhibit B - Proof of Service,
|
||
|
Att: 5
Exhibit Exhibit B 1 - Proof of Service (Ortiz),
|
||
|
Att: 6
Exhibit Exhibit C - Answer,
|
||
|
Att: 7
Exhibit Exhibit D - Police Report,
|
||
|
Att: 8
Exhibit Exhibit E - Declaration Page
|
||