SMITH-TORESCO et al v. THE ESTATE OF DONALD M. TORESCO
| KEATON SMITH, ROBIN SMITH-TORESCO and KEATON GILBERT |
| THE ESTATE OF DONALD M. TORESCO |
| 2:2012cv05599 |
| September 7, 2012 |
| US District Court for the District of New Jersey |
| Newark Office |
| Morris |
| Katharine S Hayden |
| Cathy L Waldor |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 17, 2014. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 56
STIPULATION AND ORDER dismissing action, with prejudice. Signed by Judge Katharine S. Hayden on 1/16/2014. (nr, )
|
| Filing 55 STIPULATION of Dismissal with Prejudice and Without Costs by THE ESTATE OF DONALD M. TORESCO. (KOZYRA, BARRY) |
|
Filing 54
ORDER DISMISSING CASE as settled, w/out prejudice. Signed by Judge Katharine S. Hayden on 9/20/2013. (nr, )
|
| Filing 53 Letter from Barry A. Kozyra regarding Estate reached a settlement with Robin Smith Toresco and Keaton Smith. (KOZYRA, BARRY) |
| Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Motion Hearing held on 8/20/2013 re #48 MOTION to Quash Subpoena filed by THE ESTATE OF DONALD M. TORESCO. (Court Reporter/Recorder ECR.) (tjg, ) |
| Filing 52 REPLY BRIEF to Opposition to Motion filed by THE ESTATE OF DONALD M. TORESCO re #48 MOTION to Quash Subpoena (Attachments: #1 Certification, #2 Exhibit)(GADHOK, RAJ) |
|
Filing 51
TEXT ORDER: The Court will hold an in-person status conference on August 16, 2013 at 11:30 a.m. in Courtroom 4C Ordered by Magistrate Judge Cathy L. Waldor on 7/24/13. (tjg, )
|
| Filing 50 CERTIFICATION in Opposition filed by KEATON SMITH, ROBIN SMITH-TORESCO re #48 MOTION to Quash Subpoena Declaration in Opposition to Motion to Quash (Attachments: #1 Exhibit Exhibits 1 - 4, #2 Exhibit Exhibits 5 - 11, #3 Exhibit Exhibits 12 - 19, #4 Exhibit Exhibits 20 - 25, #5 Exhibit Exhibits 26 - 33, #6 Exhibit Exhibits 34 - 35)(NOVACK, DAVID) |
| Filing 49 BRIEF in Opposition filed by KEATON SMITH, ROBIN SMITH-TORESCO re #48 MOTION to Quash Subpoena Plaintiffs Brief in Opposition to Motion to Quash (NOVACK, DAVID) |
| Set Deadlines as to #48 MOTION to Quash Subpoena. Motion set for 8/5/2013 before Judge Katharine S. Hayden. The motion will be decided on the papers. No appearances required unless notified by the court. (sr, ) |
| Filing 48 MOTION to Quash Subpoena by THE ESTATE OF DONALD M. TORESCO. (Attachments: #1 Certification, #2 Brief, #3 Text of Proposed Order)(GADHOK, RAJ) |
| Filing 47 Transcript of Proceedings held on December 19, 2012, before Judge PATTY SHWARTZ. Court Reporter/Transcriber KING TRANSCRIPTION SERVICES/Sara L. Kern (973-237-6080). Tape Number: HEARING. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 7/5/2013. Redacted Transcript Deadline set for 7/15/2013. Release of Transcript Restriction set for 9/11/2013. (ek) |
|
Filing 46
TEXT ORDER: The following briefing schedule will apply to the motion to quash the subpoena to Barry Kozyra:Opening brief: due by June 28, 2013;Opposition brief: due by July 19, 2013; and Reply brief: due by August 2, 2013.The fact end date is extended to September 30, 2013. Affirmative Expert reports are due by October 18, 2013. Responding reports are due by November 18, 2013. The expert discovery end date is extended to December 31, 2013. Ordered by Magistrate Judge Cathy L. Waldor on 6/5/13. (tjg, )
|
|
Filing 45
TEXT ORDER: The Court will hold a telephone conference, to be initiated by plaintiff, on 9/24/13 at 10:30 PM. Parties may contact chambers at (973) 776 7862. Ordered by Magistrate Judge Cathy L. Waldor on 6/5/13. (tjg, )
|
| Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Status Conference held on 6/5/2013. (tjg, ) |
| Filing 44 Letter from Raj Gadhok, Esq.. (GADHOK, RAJ) |
| Filing 43 Letter from Philip S. Adelman (Budd Larner). (NOVACK, DAVID) |
| Filing 42 Letter from David J. Novack (Budd Larner, PC). (NOVACK, DAVID) |
|
Filing 41
TEXT ORDER: The settlement conference set for April 25, 2013 is canceled. The Court will hold a telephone conference on 6/5/13 at 1:30 PM. Plaintiff's counsel is to initiate the call. Ordered by Magistrate Judge Cathy L. Waldor on 4/17/13. (tjg, )
|
| Filing 40 Letter from David J. Novack, Esq.. (NOVACK, DAVID) |
| Case Reassigned to Magistrate Judge Cathy L. Waldor. Magistrate Judge Patty Shwartz no longer assigned to the case. (aa, ) |
| Filing 39 REPLY BRIEF to Opposition to Motion filed by THE ESTATE OF DONALD M. TORESCO re #26 First MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(1) (Attachments: #1 Certification (Supplemental) of Barry A. Kozyra)(KOZYRA, BARRY) |
| Filing 38 CERTIFICATION in Opposition filed by KEATON SMITH, ROBIN SMITH-TORESCO re #26 First MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(1) Declaration of Plaintiffs' Counsel in Opposition to Defendant's Motion to Dismiss (Attachments: #1 Exhibit Exhibits 1-5 to Plaintiffs' Declaration in Opposition to Motion to Dismiss, #2 Exhibit Exhibits 6-9 to Plaintiffs' Declaration in Opposition to Motion to Dismiss, #3 Exhibit Exhibits 10-14 to Plaintiffs' Declaration in Opposition to Motion to Dismiss, #4 Exhibit Exhibits 15-18 to Plaintiffs' Declaration in Opposition to Motion to Dismiss, #5 Exhibit Exhibits 19-28 to Plaintiffs' Declaration in Opposition to Motion to Dismiss, #6 Exhibit Exhibits 29-32 to Plaintiffs' Declaration in Opposition to Motion to Dismiss, #7 Exhibit Exhibits 33-36 to Plaintiffs' Declaration in Opposition to Motion to Dismiss)(NOVACK, DAVID) |
| Filing 37 BRIEF in Opposition filed by KEATON SMITH, ROBIN SMITH-TORESCO re #26 First MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(1) (NOVACK, DAVID) |
|
Filing 36
ORDER on informal application granting request to extend the deadline to raise unresolved discovery disputes; AMENDED PRETRIAL SCHEDULING ORDER:( Settlement Conference set for 4/25/2013 12:30 PM before Magistrate Judge Patty Shwartz., Telephone Status Conference set for 5/1/2013 09:30 AM before Magistrate Judge Patty Shwartz., Final Pretrial Conference set for 8/6/2013 01:00 PM before Magistrate Judge Patty Shwartz., Discovery due by 6/1/2013., Proposed Pretrial Order due by 7/26/2013.). Signed by Magistrate Judge Patty Shwartz on 3/22/2013. (nr, )
|
| Filing 35 Letter from Budd Larner (Philip Adelman on behalf of Plaintiffs). (NOVACK, DAVID) |
|
Filing 34
TEXT ORDER, There shall be a settlement conference on April 25, 2013 at 12:30 p.m. Trial counsel, Ms. Smith-Toresco, and a representative of the estate with full settlement authority are required to appear in-person at the conference. All deadlines shall remain in full force and effect. ORDERED by Magistrate Judge Patty Shwartz on 3/18/13. (Liriano, I)
|
| Filing 32 Letter from Barry A. Kozyra and David J. Novack (jointly) re 30 Order, Set Hearings,,. (KOZYRA, BARRY) |
|
Filing 33
LETTER ORDER granting pltfs' request to adjourn the motion to dismiss to 4/15/2013. Signed by Judge Katharine S. Hayden on 3/14/2013. (nr, )
|
| Filing 31 MOTION for Extension of Time to File Response/Reply (Rule 7.1(d)(5)) by KEATON SMITH, ROBIN SMITH-TORESCO. (NOVACK, DAVID) |
|
Filing 30
TEXT ORDER, Based upon the plaintiff's representations in ECF No. 29, the text order setting the April 25, 2013 settlement conference is vacated. No later than March 15, 2013 at 3:00 p.m., trial counsel shall submit a single joint letter that sets forth three dates on which counsel, a representative of the Estate, and Ms. Smith are available to appear in-person for a settlement conference. ORDERED by Magistrate Judge Patty Shwartz on 3/13/13. (Liriano, I)
|
| Filing 29 Letter. (NOVACK, DAVID) |
|
Filing 28
TEXT ORDER, (There shall be a settlement conference before the Undersigned on April 25, 2013 at 12:30 p.m. Trial counsel, the plaintiff Robin Smith-Toresco, and the representative of the estate with full settlement authority are required to appear in-person at the conference. All deadlines shall remain in full force and effect before Magistrate Judge Patty Shwartz.)ORDERED by Magistrate Judge Patty Shwartz on 3/13/13. (Liriano, I)
|
| Filing 27 Letter from Barry A. Kozyra re 25 Order, Set Hearings,,,,,,. (KOZYRA, BARRY) |
| Set Deadlines as to #26 First MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(1). Motion set for 4/1/2013 10:00 AM before Judge Katharine S. Hayden. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, ) |
| Filing 26 First MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(1) by THE ESTATE OF DONALD M. TORESCO. Responses due by 3/18/2013 (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Certification, #4 Exhibit A, #5 Exhibit B-C, #6 Exhibit D-F, #7 Exhibit G-H, #8 Exhibit I-J, #9 Exhibit J-N)(KOZYRA, BARRY) |
|
Filing 25
TEXT ORDER, Based upon the unavailability of the plaintiff to appear in person at the settlement conference on March 8, 2013 and the requirement that clients with full settlement authority appear in-person at the conference, and the Court's determination that in-person participation of the clients enhances the productivity of the settlement conference, the March 8, 2013 settlement conference is cancelled and no later than March 13, 2013, the parties shall submit a letter that provides three dates on which trial counsel and clients (other than Kaeaton Smith) with full settlement authority are available to appear in-person for a settlement conference. All deadlines shall remain in full force and effect. ORDERED by Magistrate Judge Patty Shwartz on 3/8/13. (Liriano, I)
|
| Filing 24 Letter from David Novack (Budd Larner, PC). (NOVACK, DAVID) |
|
Filing 23
ORDER on informal application regarding depositions; etc.. Signed by Magistrate Judge Patty Shwartz on 3/1/2013. (nr, )
|
|
Filing 22
Discovery Confidentiality Order. Signed by Magistrate Judge Patty Shwartz on 2/20/2013. (nr, )
|
|
Filing 21
ORDER denying deft's request to adjourn the 3/8/2013 settlement conference. Signed by Magistrate Judge Patty Shwartz on 2/20/2013. (nr, )
|
| Filing 20 AMENDED COMPLAINT (First Amended Complaint) against All Defendants All Defendants., filed by ROBIN SMITH-TORESCO, KEATON SMITH.(NOVACK, DAVID) |
|
Filing 19
ORDER terminating #11 Motion to Dismiss for Lack of Jurisdiction ; granting #14 Motion to file an amended complt.; the amended complt. shall be filed no later than 2/20/2013, etc.. Signed by Magistrate Judge Patty Shwartz on 2/15/2013. (nr, )
|
| Filing 18 Letter from Budd Larner (Philip Adelman - Cover Letter submittg Discovery Confidentiality Order). (Attachments: #1 Text of Proposed Order (Proposed Discovery Confidentiality Order), #2 Declaration (Local Rule 5.3 Declaration as to Discovery Confidentiality Order))(NOVACK, DAVID) |
| Filing 17 Letter from David Novack on behalf of the Plaintiffs objecting to the Defendant's Request to Adjourn the Settlement Conference. (NOVACK, DAVID) |
| Filing 16 Letter from Jason Haller, Esq. to Judge Shwartz requesting adjournment of settlement conference. (KOZYRA, BARRY) |
| Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Telephone Conference held on the record on 2/15/2013. (Court Reporter/Recorder ECR.) (aa, ) |
| Filing 15 Letter from Budd Larner (Plaintiffs' Letter to Judge Shwartz as to Discovery Confidentiality Order and Proposed Order). (Attachments: #1 Text of Proposed Order)(NOVACK, DAVID) |
| Set Deadlines as to #14 MOTION to Amend/Correct Complaint (Motion for Leave to File an Amended Complaint under Fed. R. Civ. P. 15(a)(2). Motion set for 3/4/2013 10:00 AM before Judge Katharine S. Hayden. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, ) |
| Filing 14 MOTION to Amend/Correct Complaint (Motion for Leave to File an Amended Complaint under Fed. R. Civ. P. 15(a)(2) by KEATON SMITH, ROBIN SMITH-TORESCO. (Attachments: #1 Brief, #2 Declaration Philip Adelman (declaration), #3 Text of Proposed Order, #4 Affidavit Proof of Service)(NOVACK, DAVID) |
|
Filing 13
LETTER ORDER granting request to adjourn the motion to dismiss to 3/4/2012 and resetting briefing schedule. Signed by Judge Katharine S. Hayden on 2/1/2013. (nr, )
|
| Filing 12 MOTION for Extension of Time to File Response/Reply by ROBIN SMITH-TORESCO. (LONGO, SONYA) |
| Set Deadlines as to #11 First MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1). Motion set for 2/19/2013 10:00 AM before Judge Katharine S. Hayden. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, ) |
| Filing 11 First MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(1) by THE ESTATE OF DONALD M. TORESCO. Responses due by 2/5/2013 (Attachments: #1 Brief, #2 Certification, #3 Certification, #4 Certification, #5 Certification, #6 Certification, #7 Certification, #8 Text of Proposed Order)(KOZYRA, BARRY) |
|
Filing 10
PRETRIAL SCHEDULING ORDER: Fact Discovery due 6/1/2013; Settlement Conference set for 3/8/2013 11:00 AM before Magistrate Judge Patty Shwartz. Amended pleading or joining of parties due 2/15/2013;Telephone Conference set for 5/1/2013 09:30 AM before Magistrate Judge Patty Shwartz.Proposed Final Pretrial Order due 7/26/2013; Final Pretrial Conference set for 8/6/2013 01:00 PM. Signed by Magistrate Judge Patty Shwartz on 12/19/2012. (adg) Modified on 1/4/2013 (mn).
|
| Minute Entry for proceedings held before Magistrate Judge Patty Shwartz: Scheduling Conference held on the record on 12/19/2012. (Court Reporter/Recorder ECR.) (aa, ) |
| Filing 9 Joint Discovery Plan by KEATON SMITH, ROBIN SMITH-TORESCO.(NOVACK, DAVID) |
|
Filing 8
ORDER. Signed by Judge Katharine S. Hayden on 11/13/12. (rg, )
|
| Filing 7 Letter from Barry A. Kozyra, Esq.. (KOZYRA, BARRY) |
| Filing 6 Letter from David J. Novack Esq. (NOVACK, DAVID) |
|
Filing 5
SCHEDULING ORDER, Scheduling Conference set for 12/19/2012 10:00 AM in Newark - Courtroom 10 before Magistrate Judge Patty Shwartz. Signed by Magistrate Judge Patty Shwartz on 10/16/12. (aa, )
|
| Filing 4 ANSWER to Complaint and Separate Defenses by THE ESTATE OF DONALD M. TORESCO.(KOZYRA, BARRY) |
| Answer Due Deadline Update - The document #3 Certificate of Service filed by KEATON SMITH, ROBIN SMITH-TORESCO submitted by THE ESTATE OF DONALD M. TORESCO has been GRANTED. The answer due date has been set for 10/3/2012. (nr, ) |
| Filing 3 CERTIFICATE OF SERVICE by KEATON SMITH, ROBIN SMITH-TORESCO of Summons & Complaint upon Defendant (NOVACK, DAVID) |
| Filing 2 SUMMONS ISSUED as to THE ESTATE OF DONALD M. TORESCO Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *LEROY DUNBAR* (ld, ) |
| Filing 1 COMPLAINT against THE ESTATE OF DONALD M. TORESCO ( Filing fee $ 350 receipt number 4561480) with JURY DEMAND, filed by ROBIN SMITH-TORESCO, KEATON SMITH. (Attachments: #1 Summons, #2 Civil Cover Sheet)(ld, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New Jersey District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
