McAllister et al v. Russell et al
| Kenneth McAllister and Vanessa Cowan McAllister |
| David Renneisen, Miles J. Russell and Michelle Condo |
| 1:2020cv00238 |
| February 20, 2020 |
| US District Court for the District of Delaware |
| Leonard P Stark |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 43
ORDER re #42 Letter -- IT IS HEREBY ORDERED that the deadline for Delaware counsel to enter an appearance for Plaintiffs is extended until April 23, 2020. ORDERED by Judge Leonard P. Stark on 4/1/20. (ntl)
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| Filing 42 Letter to Judge Leonard P. Stark from Raymond W. Cobb regarding Possible representation of Plaintiffs and request for additional timefor Delaware counsel to enter an appearance. (Cobb, Raymond) |
| Filing 41 NOTICE OF SUBSTITUTION OF COUNSEL re David Renneisen: Entry of appearance of attorney Steven F. Mones. Attorney Richard D. Abrams, Esquire terminated. (Mones, Steven) |
| Filing 40 NOTICE of Appearance by Richard Dennis Abrams on behalf of Miles J. Russell (Abrams, Richard) |
| Filing 39 NOTICE of Appearance by Nicholas E. Skiles on behalf of Miles J. Russell (Skiles, Nicholas) |
| Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) |
| Filing 38 Local Counsel Letter sent. Notice of Compliance deadline set for 3/23/2020. (lak) |
| Filing 37 Record of case transferred in from District of New York Southern; Case Number in Other District: 7:19-cv-06150. Copy of Docket Sheet and original file |
| 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 Delaware.(yv) [Transferred from New York Southern on 2/20/2020.] |
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Filing 36
ORDER ADOPTING REPORT AND RECOMMENDATIONS for #35 Report and Recommendations. It is hereby: ORDERED that discovery is held in abeyance and that the case should be transferred to the District of Delaware. The Clerk of Court is respectfully directed to transfer the case to the District of Delaware. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/12/20) (yv) [Transferred from New York Southern on 2/20/2020.]
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| Filing 35 REPORT AND RECOMMENDATION. Counsel have informed the undersigned that there is a companion case filed in state court in Delaware. Because the event in question took place in Delaware, one Defendant allegedly lives in Delaware, and a companion case has been filed there, I conclude, and respectfully recommend that Your Honor should conclude, that this case should be transferred to the District of Delaware, on the grounds that the Southern District of New York has no venue over the action. (Objections to R&R due by 1/28/2020). (Signed by Magistrate Judge Lisa Margaret Smith on 1/10/2020) (rjm) [Transferred from New York Southern on 2/20/2020.] |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 1/10/2020. Kenneth A. Laub appearing by telephone on behalf of Plaintiffs. Susan G. Duncan appearing in person on behalf of Defendant Russell. Michael J. Mernin appearing by telephone on behalf of Defendant Condo. Michael K. Gertzer appearing in person on behalf of Defendant Renneisen. The Court will issue a Report and Recommendation recommending that the matter be transferred to the United States District Court for the District of Delaware. Adjourned. (Court Reporter: Courtflow) (ESL) [Transferred from New York Southern on 2/20/2020.] |
| Filing 34 FIRST SET OF INTERROGATORIES to Defendants.Document filed by Kenneth McAllister.(Laub, Kenneth) [Transferred from New York Southern on 2/20/2020.] |
| Filing 33 RULE 26 DISCLOSURE.Document filed by Kenneth McAllister.(Laub, Kenneth) [Transferred from New York Southern on 2/20/2020.] |
| Filing 32 RULE 26 DISCLOSURE.Document filed by Kenneth McAllister.(Laub, Kenneth) [Transferred from New York Southern on 2/20/2020.] |
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Filing 31
ORDER TO SHOW CAUSE: On November 21, 2019, the Honorable Kenneth M. Karas, U.S.D.J., referred this case to the undersigned for general pre-trial supervision. Docket# 23. The undersigned held an initial status conference with the parties on December 12, 2019, at which time the undersigned addressed the issue of venue. Docket Sheet, Minute Entry for 12/12/2019. After the conference, the undersigned consulted with Judge Karas on this issue. In accordance with that conversation, the parties are hereby ordered to show cause by no later than January 10, 2020, why the undersigned should not issue a Report and Recommendation recommending that Judge Karas issue an order transferring this case to the United States District Court for the District of Delaware. In lieu of appearing before the undersigned at the previously scheduled status conference set for January 10, 2020, at 10:00 a.m., the parties may file a stipulation of change of venue on the docket before the scheduled conference date. Service of this Order to Show Cause on counsel of record via ECF is deemed good and sufficient service. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 12/13/2019) (jca) [Transferred from New York Southern on 2/20/2020.]
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| Filing 30 NOTICE OF CHANGE OF ADDRESS by Kenneth Andrew Laub on behalf of Vanessa Cowan McAllister(as parent & natural guardian of V.C. McAllister, III). New Address:. (Laub, Kenneth) [Transferred from New York Southern on 2/20/2020.] |
| Filing 29 NOTICE OF CHANGE OF ADDRESS by Kenneth Andrew Laub on behalf of Vanessa Cowan McAllister(as parent & natural guardian of C. Cowan). New Address:. (Laub, Kenneth) [Transferred from New York Southern on 2/20/2020.] |
| Filing 28 NOTICE OF CHANGE OF ADDRESS by Kenneth Andrew Laub on behalf of Vanessa Cowan McAllister. New Address:. (Laub, Kenneth) [Transferred from New York Southern on 2/20/2020.] |
| Filing 27 NOTICE OF CHANGE OF ADDRESS by Kenneth Andrew Laub on behalf of Kenneth McAllister. New Address: Schwab Gasparini, 222 Bloomingdale-Suite 200, White Plains, NY, 10605, 914-304-4353. (Laub, Kenneth) [Transferred from New York Southern on 2/20/2020.] |
| Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 12/12/2019. Kenneth A. Laub appearing in person on behalf of Plaintiffs. Susan G. Duncan appearing in person on behalf of Defendant Russell. Michael J. Mernin appearing in person on behalf of Defendant Condo. Michael K. Gertzer appearing in person on behalf of Defendant Renneisen. Discovery issues addressed on the record; see transcript. Parties have 30 days to resolve the issue of venue. Adjourned to January 10, 2019, at 10:00 AM for an in-person status conference. (Status Conference set for 1/10/2019 at 10:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith) (Court Reporter: Courtflow) (ESL) [Transferred from New York Southern on 2/20/2020.] |
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Filing 26
RE-SCHEDULING NOTICE: The matter of McAllister, et al. v. Russell, et al., 19-cv-6150 (KMK) (LMS), has been rescheduled from an in-person status conference on Thursday, December 12, 2019, at 2:15 PM, before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to an in-person status conference on Thursday, December 12, 2019, at 2:30 PM, in Courtroom 520. Please Note: Counsel seeking to reschedule an appearance must have all parties on the line prior to contacting Chambers. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 12/11/2019) Status Conference set for 12/12/2019 at 02:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. (ks) [Transferred from New York Southern on 2/20/2020.]
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Filing 25
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: The party objecting to disclosure, claiming an insufficient response to a discovery request, or asserting a privilege bears the burden of coming forward by bringing the dispute to the attention of the court as hereinafter set forth. The objecting party has 3 business days to attempt an amicable resolution of the dispute. If the dispute is not affirmatively resolved within 3 business days, the objecting party then has 5 business days to bring the issue to the attention of the court by a letter brief limited to two (2) double spaced pages. Opposing parties have 5 business days thereafter to submit a two (2) page double spaced answering letter brief. (And as further set forth in this Order.) SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 11/22/2019) (jca) [Transferred from New York Southern on 2/20/2020.]
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Filing 24
SCHEDULING NOTICE: The matter of McAllister, et al. v. Russell, et al., 19-cv-6150 (KMK)(LMS), has been scheduled for an in-person status conference before the Hon. Lisa Margaret Smith, United States Magistrate Judge, on Thursday, December 12, 2019, at 2:15 PM, in Courtroom 520. Please note: counsel seeking to reschedule an appearance must have all parties on the line prior to contacting chambers. SO ORDERED. Status Conference set for 12/12/2019 at 02:15 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. (Signed by Magistrate Judge Lisa Margaret Smith on 11/22/2019) (jca) [Transferred from New York Southern on 2/20/2020.]
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Filing 23
ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Lisa Margaret Smith. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/21/2019) (jca) [Transferred from New York Southern on 2/20/2020.]
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Filing 22
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: At the conference before the Court held on 11/20/2019 this Case Management Plan and Scheduling Order was adopted in accordance with Rules 16-26(f) of the Federal Rules of Civil Procedure. This case is to be tried to a jury. All Fact Discovery due by 3/31/2020. All Expert Discovery due by 5/31/2020. Deposition due by 5/31/2020. Parties ha( conferred and their present best estimate of the length of trial is 1 week. The next Case Management Conference set for 4/28/2020 at 11:00 AM before Judge Kenneth M. Karas. The movant's pre-motion letter is due 4/14/2020. The non-movant's response is due 4/21/2020. And as set forth herein. SO ORDERED. (Signed by Judge Kenneth M. Karas on 11/20/2019) (ama) [Transferred from New York Southern on 2/20/2020.]
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| Filing 21 NOTICE OF APPEARANCE by Kenneth Andrew Laub on behalf of Kenneth McAllister, Vanessa Cowan McAllister, Vanessa Cowan McAllister(as parent & natural guardian of C. Cowan), Vanessa Cowan McAllister(as parent & natural guardian of V.C. McAllister, III). (Laub, Kenneth) [Transferred from New York Southern on 2/20/2020.] |
| Filing 20 ANSWER to #3 Complaint,., CROSSCLAIM against All Defendants., COUNTERCLAIM against Kenneth McAllister. Document filed by Michelle Condo.(Mernin, Michael) [Transferred from New York Southern on 2/20/2020.] |
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time to Answer. Granted. SO ORDERED. Michelle Condo answer due 11/20/2019. (Signed by Judge Kenneth M. Karas on 11/18/2019) (jca) [Transferred from New York Southern on 2/20/2020.]
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| Filing 18 LETTER MOTION for Extension of Time to File Answer addressed to Judge Kenneth M. Karas from Michael Mernin dated 11/18/2019. Document filed by Michelle Condo.(Mernin, Michael) [Transferred from New York Southern on 2/20/2020.] |
| Filing 17 NOTICE OF APPEARANCE by Michael Joseph Mernin on behalf of Michelle Condo. (Mernin, Michael) [Transferred from New York Southern on 2/20/2020.] |
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Filing 16
CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for: Rule (16) conference before the Honorable Kenneth M. Karas, United States District Judge, on Wednesday, November 20, 2019 at 2:00 p.m. in Courtroom 521, U. S. District Court, 300 Quarropas Street, White Plains, New York 10601. Any scheduling difficulties must be brought to the attention of the Court in writing, at least five business days beforehand. SO ORDERED. Initial Conference set for 11/20/2019 at 02:00 PM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 11/8/2019) (jca) [Transferred from New York Southern on 2/20/2020.]
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| Filing 15 ANSWER to #14 , #3 Crossclaim., ANSWER to #14 Answer to Complaint, Crossclaim, Counterclaim, #3 Complaint,., CROSSCLAIM against All Defendants., COUNTERCLAIM against Kenneth McAllister. Document filed by Miles J. Russell.(Duncan, Susan) [Transferred from New York Southern on 2/20/2020.] |
| Filing 14 ANSWER to #3 Complaint, with JURY DEMAND., CROSSCLAIM against Michelle Condo, Miles J. Russell., COUNTERCLAIM against Kenneth McAllister. Document filed by David Renneisen.(Gertzer, Michael) [Transferred from New York Southern on 2/20/2020.] |
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Filing 13
ORDER granting #12 LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint. The extension is granted. SO ORDERED. David Renneisen answer due 9/5/2019. (Signed by Judge Kenneth M. Karas on 8/6/2019) (jca) [Transferred from New York Southern on 2/20/2020.]
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| Filing 12 LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint addressed to Judge Kenneth M. Karas from Michael K. Gertzer dated August 5, 2019. Document filed by David Renneisen.(Gertzer, Michael) [Transferred from New York Southern on 2/20/2020.] |
| Filing 11 NOTICE OF APPEARANCE by Michael Keith Gertzer on behalf of David Renneisen. (Gertzer, Michael) [Transferred from New York Southern on 2/20/2020.] |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Miles J. Russell. (pc) [Transferred from New York Southern on 2/20/2020.] |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to David Renneisen. (pc) [Transferred from New York Southern on 2/20/2020.] |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Michelle Condo. (pc) [Transferred from New York Southern on 2/20/2020.] |
| Filing 7 CIVIL COVER SHEET filed. (Laub, Kenneth) [Transferred from New York Southern on 2/20/2020.] |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to David Renneisen, re: #3 Complaint,. Document filed by Kenneth McAllister, Vanessa Cowan McAllister, Vanessa Cowan McAllister(as parent & natural guardian of V.C. McAllister, III), Vanessa Cowan McAllister(as parent & natural guardian of C. Cowan). (Laub, Kenneth) [Transferred from New York Southern on 2/20/2020.] |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Michelle Condo, re: #3 Complaint,. Document filed by Kenneth McAllister, Vanessa Cowan McAllister, Vanessa Cowan McAllister(as parent & natural guardian of V.C. McAllister, III), Vanessa Cowan McAllister(as parent & natural guardian of C. Cowan). (Laub, Kenneth) [Transferred from New York Southern on 2/20/2020.] |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Miles J. Russell, re: #3 Complaint,. Document filed by Kenneth McAllister, Vanessa Cowan McAllister, Vanessa Cowan McAllister(as parent & natural guardian of V.C. McAllister, III), Vanessa Cowan McAllister(as parent & natural guardian of C. Cowan). (Laub, Kenneth) [Transferred from New York Southern on 2/20/2020.] |
| Filing 3 COMPLAINT against Michelle Condo, David Renneisen, Miles J. Russell. Document filed by Vanessa Cowan McAllister(as parent & natural guardian of V.C. McAllister, III), Kenneth McAllister, Vanessa Cowan McAllister(as parent & natural guardian of C. Cowan), Vanessa Cowan McAllister.(Laub, Kenneth) [Transferred from New York Southern on 2/20/2020.] |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - COMPLAINT against David Renneisen, Miles J. Russell. Document filed by Kenneth McAllister.(Laub, Kenneth) Modified on 7/3/2019 (pc). [Transferred from New York Southern on 2/20/2020.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kenneth Andrew Laub. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,000,000,000; Arbitration code v (Voluntary); County code Putnam; Fee Status code due (due). The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $1,000,000; the Arbitration code has been deleted; the County code has been modified to Westchester; the Fee Status code has been modified to pd (paid). (pne) [Transferred from New York Southern on 2/20/2020.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (pne) [Transferred from New York Southern on 2/20/2020.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kenneth Andrew Laub to RE-FILE re: Document No. #1 Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; Kenneth McAllister must be added to the case two more times, once with party text "as parent & natural guardian of C. Cowan", and a second time with party text "as parent & natural guardian of V.C. McAllister, III"; all filers were not selected for the pleading; all parties whom the pleading is against were not selected; the pleading was not properly signed. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. ***DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS*** (pne) [Transferred from New York Southern on 2/20/2020.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kenneth Andrew Laub to RE-FILE Document. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; summons requests should not be filed as attachments to another document. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne) [Transferred from New York Southern on 2/20/2020.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Kenneth Andrew Laub to RE-FILE Document. The filing is deficient for the following reason(s): the PDF attached for the civil cover sheet is not correct; the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated June 2017; the wrong event type was used to file the civil cover sheet; the civil cover sheet should not be filed as an attachment to another document. 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 June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) [Transferred from New York Southern on 2/20/2020.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kenneth Andrew Laub. The party information for the following party/parties has been modified: Kenneth McAllister, Vanessa Cowan McAllister, Vanessa Cowan McAllister, Vanessa Cowan McAllister, Miles J. Russell, Michelle Condo, David Renneisen. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted. (pne) [Transferred from New York Southern on 2/20/2020.] |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FILED AGAINST PARTY ERROR - SIGNATURE ERROR - COMPLAINT against Michelle Condo. (Filing Fee $ 400.00, Receipt Number BNYSDC-17176318)Document filed by Kenneth McAllister. (Attachments: #1 Civil Cover Sheet, #2 Summons-Condo, #3 Summons-Renneisen, #4 Summons-Russell)(Laub, Kenneth) Modified on 7/2/2019 (pne). [Transferred from New York Southern on 2/20/2020.] |
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