STEPHENS v. UNITED STATES OF AMERICA et al
| Vanessa D. Stephens |
| Daniela Costa and UNITED STATES OF AMERICA |
| Daniela Costa |
| UNITED STATES OF AMERICA |
| 3:2024cv08744 |
| August 26, 2024 |
| U.S. District Court for the District of New Jersey |
| Tonianne J Bongiovanni |
| Michael A Shipp |
| Motor Vehicle |
| 28 U.S.C. § 2671 Federal Tort Claims Act |
| None |
Docket Report
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This docket was last retrieved on October 24, 2024. A more recent docket listing may be available from PACER.
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Filing 38
SCHEDULING ORDER: Telephone Conference set for 1/14/2025 at 10:30 AM before Magistrate Judge Tonianne J. Bongiovanni. Deadline to file any motion to amend the pleadings or to add parties shall be filed by 1/21/2025. Fact discovery shall be completed by 4/18/2025. Signed by Magistrate Judge Tonianne J. Bongiovanni on 10/24/2024. (kht)
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| Filing 37 NOTICE of Appearance by STEVEN I. GREENBERG on behalf of DANIELA COSTA (GREENBERG, STEVEN) |
| Filing 36 CERTIFICATE OF SERVICE by DANIELA COSTA (GREENBERG, STEVEN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
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Filing 35
TEXT ORDER: The parties are directed to confer and submit a proposed schedule to tjb_orders@njd.uscourts.gov no later than 10/18/2024. Also by 10/18/2024, Plaintiff is directed to retain counsel admitted to the Federal Bar of New Jersey. Plaintiff may, thereafter, seek to have current counsel admitted pro hac vice. So Ordered by Magistrate Judge Tonianne J. Bongiovanni on 9/18/2024. (jem)
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| Filing 34 NOTICE of Appearance by HEATHER CARNEY COSTANZO on behalf of UNITED STATES OF AMERICA (Attachments: #1 Certificate of Service)(COSTANZO, HEATHER) |
| Filing 33 Clerk's Letter: Attorney ROBERT A. KOUBEK is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address via USPS at 50 Charles Lindbergh Boulevard, Suite 401, Uniondale, NY 11553. (kht) |
| Filing 32 Clerk's Letter: Attorney KIMBERLY A. FRANCIS is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address via USPS at Eastern District of New York, 271-A Cadman Plaza East, Brooklyn, New York 11201. (kht) |
| Judge Michael A. Shipp and Magistrate Judge Tonianne J. Bongiovanni added. (kht) |
| Filing 31 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 1:23-cv-03972. Original file certified copy of transfer order and docket sheet received. |
| Case transferred to District of New Jersey. Original file, certified copy of transfer order, and docket sheet sent via CM/ECF. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (TLH) |
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Filing 30
MEMORANDUM & ORDER, For the reasons discussed in this Memorandum & Order, convenience and the interest of justice favor transferring this case to the District of New Jersey, pursuant to 28 U.S.C. 1404(a). Accordingly, the Defendant's motion to transfer is GRANTED. So Ordered by Judge Nicholas G. Garaufis on 8/9/2024. (TLH)
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ORDER re #29 : The parties report compliance with the Court's 09/19/2023 Order. The remaining deadlines in the Court's 09/19/2023 remain in effect. So Ordered by Magistrate Judge Marcia M. Henry on 01/24/2024. (RA)
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| Filing 29 STATUS REPORT (Joint) Pursuant to Sept. 19, 2023 Order (Dkt. No. 19) by United States of America (Francis, Kimberly) |
| Filing 28 Letter confirming delivery of courtesy copy of Defendant United States of America's venue transfer motion papers by United States of America (Francis, Kimberly) |
| Filing 27 Letter confirming submission of Defendant United States of America's motion to transfer venue by United States of America (Francis, Kimberly) |
| Filing 26 REPLY in Support re #24 MOTION to Change Venue filed by United States of America. (Francis, Kimberly) |
| Filing 25 MEMORANDUM in Opposition re #24 MOTION to Change Venue by Plaintiff Vanessa Stephens filed by United States of America. (Francis, Kimberly) |
| Filing 24 MOTION to Change Venue by United States of America. (Attachments: #1 Memorandum in Support, #2 Declaration of Meghan Shaver, #3 Exhibit A to Shaver Declaration (Police Report)) (Francis, Kimberly) |
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Filing 23
ORDER granting #22 Motion for Extension of Time to File Reply. Reply due by 1/12/2024. So Ordered by Judge Nicholas G. Garaufis on 1/3/2024. (TLH)
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| Filing 22 Consent MOTION for Extension of Time to File Response/Reply in Support of Defendant USA's Motion to Transfer by United States of America. (Francis, Kimberly) |
| Filing 21 Letter to Plaintiff and Defendant Costa, with ECF copy to the Court, confirming service of transfer motion papers by United States of America (Francis, Kimberly) |
| Minute Entry for proceedings held before Judge Nicholas G. Garaufis. Pre-motion conference held on October 30, 2023. Counsel for Plaintiff and Counsel for Defendants present. The court GRANTED Defendants' #20 request for leave to file a motion to transfer. Briefing schedule for the motion set as follows: opening motion by December 1, 2023; Plaintiff's opposition by December 22, 2023; and Defendants' reply, if any, by January 5, 2024. The parties should consult the court's Individual Rules for further instruction. (Court Reporter: Anthony Frisolone) (CFW) |
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ORDER: Defendant's #20 motion for a pre-motion conference with respect to Defendant's proposed motion to transfer is GRANTED. The parties are DIRECTED to confer and contact the court's Deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule the pre-motion conference. So Ordered by Judge Nicholas G. Garaufis on 10/11/2023. (CFW)
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| Filing 20 Letter MOTION for pre motion conference with respect to Defendant's proposed motion to transfer by United States of America. (Francis, Kimberly) |
| Filing 18 NOTICE of Appearance by Dzhamshed Bakhromovich Mannonov on behalf of Vanessa D. Stephens (aty to be noticed) (Mannonov, Dzhamshed) |
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Filing 19
MINUTE ENTRY for proceedings held before Magistrate Judge Marcia M. Henry: An in-person initial conference was held in this case on 09/19/2023. Dzhamshed Mannonov appeared on behalf of the Plaintiff. AUSA Kimberly Francis appeared on behalf of Defendant United States of America. Robert Andrew Koubek appeared on behalf of the Defendant Daniela Costa.Defendant United States intend to move to transfer venue; Defendant Koubek intends to join the application; and Plaintiff opposes. By 10/06/2023, any such motion shall be initiated pursuant to the individual rules of the Honorable Nicholas G. Garaufis.In the meantime, the parties' proposed discovery plan is So Ordered. The parties have already exchanged Rule 26(a)(1) disclosures. By 10/06/2023, Plaintiff shall provide amended medical authorizations. Fact discovery shall conclude six months after a decision on transfer. The parties shall file a joint status report certifying the close of fact discovery and indicating whether expert discovery is needed one week after the conclusion of fact discovery. All discovery shall conclude thirty days after rebuttal expert reports, and the parties shall submit a joint status report certifying the close of all discovery by thirty-five days after rebuttal reports. See attached for all other deadlines.By 01/22/2024, the parties shall file a joint status report. So Ordered by Magistrate Judge Marcia M. Henry on 09/19/2023. (FTR Log # 11:20AM-11:38AM) (RC)
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| Filing 17 NOTICE of Appearance by David Liff Henderson on behalf of Vanessa D. Stephens (notification declined or already on case) (Henderson, David) |
| Filing 16 Proposed Scheduling Order - Letter Enclosing Joint Proposed Discovery Plan/Scheduling Order by United States of America (Attachments: #1 Joint Proposed Discovery Plan/Scheduling Order) (Francis, Kimberly) |
| Filing 15 ANSWER to #5 Answer to Complaint, Crossclaim of Defendant and Cross-Claimant Daniela Costa by United States of America. (Francis, Kimberly) |
| Filing 14 ANSWER to #1 Complaint, by United States of America. (Francis, Kimberly) |
| Filing 13 NOTICE of Appearance by Kimberly Francis on behalf of United States of America (aty to be noticed) (Francis, Kimberly) |
| Filing 12 SUMMONS Returned Executed by Vanessa D. Stephens. Daniela Costa served on 6/12/2023, answer due 7/4/2023. (Henderson, David) |
| Filing 11 SUMMONS Returned Executed by Vanessa D. Stephens. United States of America served on 6/5/2023, answer due 8/7/2023. (Henderson, David) |
| Filing 10 SUMMONS Returned Executed by Vanessa D. Stephens. United States of America served on 6/7/2023, answer due 8/7/2023. (Henderson, David) |
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Filing 9
SCHEDULING ORDER: An in-person initial conference will be held on 09/19/2023 at 11:30AM in Courtroom 504 North before Magistrate Judge Marcia M. Henry. All counsel must attend.Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 09/12/2023, the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: # https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf). So Ordered by Magistrate Judge Marcia M. Henry on 07/21/2023.(Attachments: #1 Individual Practice Rules, #2 Proposed Discovery Plan) (RC)
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ORDER re: #6 , #7 , #8 : Plaintiff filed three affidavits indicating service of the Complaint, but did not use the correct "Returned Summons Executed" option in ECF. Counsel shall refile the affidavits using the correct ECF option by 07/26/2023. The parties may contact the Clerk's Office for questions regarding ECF docketing. So Ordered by Magistrate Judge Marcia M. Henry on 07/21/2023. (JD)
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| Filing 8 AFFIDAVIT of Service for Complaint served on USA on 6/7/2023, filed by Vanessa D. Stephens. (Henderson, David) |
| Filing 7 AFFIDAVIT of Service for Complaint served on USA on 6/5/2023, filed by Vanessa D. Stephens. (Henderson, David) |
| Filing 6 AFFIDAVIT of Service for Complaint served on Daniela Costa on 6/12/2023, filed by Vanessa D. Stephens. (Henderson, David) |
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ORDER: Plaintiff shall file proof of service as to Defendant Costa by 07/31/2023 and as to Defendant United States of America by 08/28/2023. See Fed. R. Civ. P. 4(l), 4(m). So Ordered by Magistrate Judge Marcia M. Henry on 07/19/2023. (JD)
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| Filing 5 Defendant Costa's ANSWER to #1 Complaint, , Notice of CROSSCLAIM against United States of America by Daniela Costa. (Koubek, Robert) |
| Filing 4 Summons Issued as to Daniela Costa, United States of America, U.S. Attorney and U.S. Attorney General (KD) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (KD) |
| Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge Marcia M. Henry. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) |
| Filing 1 COMPLAINT against Daniela Costa, United States of America filing fee $ 402, receipt number ANYEDC-16744505 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Vanessa D. Stephens. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Henderson, David) |
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