Silvestri v. Wilcox
| Julie Silvestri |
| Gregg Wilcox |
| 3:2024cv01329 |
| August 16, 2024 |
| U.S. District Court for the District of Connecticut |
| Vernon D Oliver |
| Robert M Spector |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Both |
Docket Report
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| Filing 31 NOTICE of Appearance by Thomas Anthony Tarro, III on behalf of Julie Silvestri (Tarro, Thomas) |
| Set Deadlines: Discovery due by 5/30/2025 Status Report due by 2/28/2025 and 6/6/2025 (Samson, J) |
Filing 30
SCHEDULING ORDER. Having considered the parties' Rule 26(f) report, the Court enters the following Scheduling Order: Discovery due by May 30, 2025. The parties shall take the first step to initiate any dispositive motion practice by April 30, 2025. Status reports due on February 28, 2025, and June 6, 2025. Please see the attached for additional deadlines. Note that some of the dates in the Scheduling Order may differ from those proposed in the parties' Rule 26(f) report.It is so ordered. Signed by Judge Vernon D. Oliver on 10/9/2024.(Lapsia, T)
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| Filing 29 Joint REPORT of Rule 26(f) Planning Meeting. (Tarro, Thomas) |
| Filing 28 ANSWER to #1 Complaint with Jury Demand by Gregg Wilcox.(Melley, William) |
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Filing 27
ORDER granting #24 Motion to Appear Pro Hac Vice for Attorney Thomas A. Tarro III. Signed by Clerk on 9/17/2024. (Gaskins, A)
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Filing 26
ORDER granting #23 Motion to Appear Pro Hac Vice for Attorney Kris R. Marotti,.. Signed by Clerk on 9/17/2024. (Gaskins, A)
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| Filing 25 NOTICE by Julie Silvestri of Withdrawal of State Court Action (Attachments: #1 Exhibit Notice of Dismissal)(Benson, Olivia) |
| Filing 24 MOTION for Attorney(s) Thomas A. Tarro III, Esq. to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7904534) by Julie Silvestri. (Benson, Olivia) |
| Filing 23 MOTION for Attorney(s) Kris R. Marotti, Esq. to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7904512) by Julie Silvestri. (Benson, Olivia) |
| Filing 22 NOTICE of Appearance by Olivia L Benson on behalf of Julie Silvestri (Benson, Olivia) |
| Set Deadlines: Dismissal due by 9/16/2024. (Samson, J) |
| Answer deadline updated for Gregg Wilcox to 9/23/2024. (Samson, J) |
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Filing 21
ORDER granting #19 Motion for Extension of Time: The deadline for Defendant to respond to the Complaint is extended to September 23, 2024. Given that an identical action has been filed in Connecticut State Court, on or by September 16, 2024, Plaintiff shall either (1) file a notice of voluntary dismissal of this action confirming that she will proceed with the action in state court, or (2) file an appearance in this case and a notice that attaches a copy of the state court docket confirming that the state court action has been dismissed. Failure to comply with this deadline will result in the dismissal of this action for failure to prosecute. The Clerk is directed to mail a copy of this Order to Plaintiff at 71 Lambert Street, Narragansett, RI 02882.It is so ordered. Signed by Judge Vernon D. Oliver on 9/5/2024. (Lapsia, T)
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| Filing 20 RESPONSE TO 18 Order to Show Cause,, by Gregg Wilcox filed by Gregg Wilcox. (Attachments: #1 Exhibit Exhibit 1 State Complaint, #2 Exhibit Exhibit 2 State marshal return)(Melley, William) |
| Filing 19 Consent MOTION for Extension of Time until September 23, 2024 to answer or otherwise respond to plaintiff's Complaint #1 Complaint by Gregg Wilcox. (Melley, William) |
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Filing 18
ORDER TO SHOW CAUSE re: why default should not enter: Defendant has filed an appearance in this matter but has not filed his answer by the deadline of August 30, 2024. See Fed. R. Civ. P. 12(a)(4)(A) ("Unless the court sets a different time, serving a motion under this rule alters these periods as follows: (A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court's action.") (emphasis added). Defendant should file a response to this Order by September 6, 2024. It is so ordered. Signed by Judge Vernon D. Oliver on 8/31/2024.(Lapsia, T)
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| Set Deadlines: Rule 26 Meeting Report due by 10/12/2024 (Samson, J) |
| Filing 17 NOTICE of Appearance by William J. Melley, III on behalf of Gregg Wilcox (Melley, William) |
| Filing 16 NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 8/16/2024.(Gaskins, A) |
| Filing 15 NOTICE: ANY MOTIONS PENDING AT THE TIME OF TRANSFER MUST BE REFILED IN OUR DISTRICT. Signed by Clerk on 8/16/2024.(Freberg, B) |
| Filing 14 Notice of Option to Consent to Magistrate Judge Jurisdiction.(Gaskins, A) |
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Filing 13
Standing Protective Order Signed by Judge Vernon D. Oliver on 8/16/2024.(Gaskins, A)
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Filing 12
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Vernon D. Oliver on 8/16/2024.(Gaskins, A)
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Filing 11
Order on Pretrial Deadlines: Amended Pleadings due by 10/15/2024 Discovery due by 2/15/2025 Dispositive Motions due by 3/22/2025 Signed by Clerk on 8/16/2024.(Gaskins, A)
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| Filing 10 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 8/16/2024.(Gaskins, A) |
| Filing 9 Case electronically transferred in from the District of Rhode Island; Case Number 1:24-cv-00210. Electronic file certified copy of transfer order and docket sheet received. |
| Judge Vernon D. Oliver and Judge Robert M. Spector added. (Freberg, B) |
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TEXT ORDER denying as moot #6 Motion to Dismiss for Lack of Jurisdiction and transferring the matter to the District of CT: Plaintiff has failed to allege that the U.S. District Court for the District of Rhode Island has personal jurisdiction over the Defendant (a Connecticut resident involved in an auto collision that occurred in Connecticut). The Plaintiff has requested jurisdictional fact discovery. The Court denies the request for jurisdictional fact discovery because the Plaintiff has not shown any plausible basis for asserting personal jurisdiction over the Defendant. Therefore, pursuant to 28 U.S.C. 1406, the Court orders in the interest of justice, that this matter is transferred to the District of Connecticut. Defendant's Motion to Dismiss #6 is DENIED as moot. So Ordered by Chief Judge John J. McConnell, Jr. on 8/16/2024. (Jackson, Ryan)
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| Filing 8 REPLY to Response re #7 Response to Motion filed by Gregg Wilcox. (Simon, Stephanie) |
| Filing 7 RESPONSE In Opposition to #6 MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. Replies due by 7/23/2024. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Tarro, Thomas) |
| Filing 6 MOTION to Dismiss for Lack of Jurisdiction filed by All Defendants. Responses due by 7/16/2024. (Simon, Stephanie) |
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TEXT ORDER Entering #5 Stipulation for Extension of Time filed by Gregg Wilcox; Gregg Wilcox answer due 7/25/2024. So Ordered by Chief Judge John J. McConnell, Jr. on 6/25/2024. (Jackson, Ryan)
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| Filing 5 STIPULATION for Extension of Time filed by All Defendants. (Simon, Stephanie) |
| Filing 4 SUMMONS Returned Executed by Julie Silvestri. Gregg Wilcox served on 6/4/2024, answer due 6/25/2024. (Tarro, Thomas) |
| Filing 3 Summons Issued as to Gregg Wilcox. (Simoncelli, Michael) |
| Filing 2 CASE OPENING NOTICE ISSUED (Simoncelli, Michael) |
| Filing 1 COMPLAINT ( filing fee paid $ 405.00, receipt number ARIDC-1998651 ), filed by Julie Silvestri. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Tarro, Thomas) |
| Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. (Simoncelli, Michael) |
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| Plaintiff: Julie Silvestri | |
| Represented By: | Thomas Anthony Tarro, III |
| Represented By: | Olivia L Benson |
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| Defendant: Gregg Wilcox | |
| Represented By: | William J. Melley, III |
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