Zuckerman v. Schilling et al
| Alan Zuckerman |
| JOHN DOE, Frank C Schilling and Kimberly Schilling |
| 3:2024cv09458 |
| September 25, 2024 |
| U.S. District Court for the District of New Jersey |
| Georgette Castner |
| Justin T Quinn |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 17, 2024. A more recent docket listing may be available from PACER.
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| Magistrate Judge Justin T. Quinn added. Magistrate Judge J. Brendan Day no longer assigned to case. (jdg) |
| Filing 15 Mail Returned as Undeliverable. Mail sent to JOHN M. DOWNING (kht) |
| Filing 14 Clerk's Letter: Attorney JOHN M. DOWNING is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address at 17 Battery Place, Ste. 709, New York, NY 10004. (mlh) |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (mlh) |
| Judge Georgette Castner and Magistrate Judge J. Brendan Day added. (mlh) |
| Filing 13 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 1:24-cv-04088. Original file certified copy of transfer order and docket sheet received. |
ORDER granting #12 Motion to Change Venue. The Clerk of Court is directed to transfer this case to the United States District Court for the District of New Jersey. Ordered by Judge Nina R. Morrison on 9/17/2024. (GR)
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| Filing 12 MOTION to Change Venue by Alan Zuckerman. (Taylor, Joseph) |
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ORDER: On August 9, 2024, the Court directed Plaintiff to respond to Defendants' motion #10 to dismiss this action or in the alternative to transfer venue to the District of New Jersey. Plaintiff has not filed response. Plaintiff is directed to respond to the motion by September 5, 2024. If Plaintiff does not respond, the motion may be granted as unopposed and/or the action may be dismissed for failure to prosecute. Ordered by Judge Nina R. Morrison on 8/29/2024. (GR)
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| Filing 11 AFFIDAVIT/DECLARATION in Support re #10 MOTION to Dismiss filed by Frank C Schilling, Kimberly Schilling. (Attachments: #1 Affidavit of Frank C. Shilling - executed, #2 Affidavit of Service Affirmation of Service) (Downing, John) (Attachment 2 replaced on 8/9/2024 per phone request by atty.) (MLR). |
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ORDER: The Court is in receipt of Defendants' motion #10 to dismiss this action or in the alternative to transfer venue to the District of New Jersey. Plaintiff is directed to respond to both arguments by August 21, 2024. Ordered by Judge Nina R. Morrison on 8/9/2024. (GR)
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| Case Reassigned to Judge Nina R. Morrison and Magistrate Judge Lois Bloom. Magistrate Judge Lois Bloom no longer assigned as presider to the case. 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. (DA) |
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ORDER: Defendants' counsel, John M. Downing, stated at the initial conference that he intended to move for a change of venue in this personal injury case. The accident at issue happened in New Jersey and defendant is a citizen of that state. ECF Order dated July 23, 2024. Instead, defendants now move to dismiss this action or in the alternative to transfer venue to the District of New Jersey. The Clerk of Court is respectfully directed to assign this case to a district judge. Ordered by Magistrate Judge Lois Bloom on 8/8/2024. (NL)
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| Filing 10 MOTION to Dismiss by Frank C Schilling, Kimberly Schilling. (Attachments: #1 Affidavit in Support Affirmation in Support, #2 Exhibit Exhibit A - Police Report, #3 Exhibit Exhibit B - Summons and Complaint, #4 Exhibit Exhibit C - Defendant's Answer, #5 Exhibit Affidavit of Frank Schilling - unexecuted, #6 Exhibit Affidavit of Kimberly Schilling - Fully EXECUTED, #7 Memorandum in Support Memorandum of Law, #8 Affidavit Affidavit of Service) (Downing, John) |
| Filing 9 AFFIDAVIT of Service for Summons in a Civil Action and Complaint and Jury Demand served on Kimberly Schilling on 07/13/2024, filed by Alan Zuckerman. (Koutsoudakis, Andreas) |
| Filing 8 NOTICE of Appearance by John Nicholas Flouskakos on behalf of Alan Zuckerman (aty to be noticed) (Flouskakos, John) |
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ORDER: The Court held the initial conference in this matter on July 23, 2024. Attorney Joseph Taylor appeared on behalf of plaintiff and attorney John M. Downing appeared on behalf of defendant. Defendants counsel shall file a motion for change of venue pursuant to 28 U.S.C. 1391 and 1404 or a joint stipulation consenting to transfer by August 7, 2024. Ordered by Magistrate Judge Lois Bloom on 7/23/2024. (FTR Log #2:46-3:18.) (NL)
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| Filing 7 NOTICE of Appearance by Joseph Diego Taylor on behalf of Alan Zuckerman (aty to be noticed) (Taylor, Joseph) |
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ORDER: Plaintiff filed this personal injury diversity action on June 7, 2024. ECF No. #1 . Defendants Frank C. and Kimberly Schilling answered the complaint on July 3, 2024. ECF No. #6 . The Court shall hold the initial conference on July 23, 2024 at 2:30 p.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange their Rule 26(a)(1) initial disclosures and file a 26(f) Meeting Report by July 16, 2024. As this is a personal injury case, plaintiff shall execute releases for all medical and/or mental health treatment related to this accident to defendants' counsel by that date. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 7/8/2024. (NL)
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| Filing 6 ANSWER to #1 Complaint, by Frank C Schilling, Kimberly Schilling. (Downing, John) |
| Filing 5 NOTICE of Appearance by Alexandra Mahabir on behalf of All Plaintiffs (aty to be noticed) (Mahabir, Alexandra) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 3 Summons Issued as to John Doe, Frank C Schilling, Kimberly Schilling. (CV) |
| Filing 2 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CV) |
| Filing 1 COMPLAINT for Alan Zuckerman against All Defendants filing fee $ 405, receipt number ANYEDC-17954997 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Alan Zuckerman. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Koutsoudakis, Andreas) |
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