Simpson v. New Prime Inc. et al
| Yvonne Simpson |
| New Prime Inc. and Ethian Murphy |
| 1:2015cv05392 |
| September 18, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Frederic Block |
| Vera M Scanlon |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| Plaintiff |
Docket Report
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| Filing 74 RESPONSE in Opposition re #72 Letter MOTION in Limine filed by All Defendants. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Dolan, Kent) |
ORDER granting consent #73 Motion for Extension of Time to File. The JPTO will be due five (5) days after the Court issues a decision on the Daubert motion at #72 . Ordered by Magistrate Judge Vera M. Scanlon on 12/5/2022. (JR)
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| Filing 73 Letter MOTION for Extension of Time to File Pre-Trial Order by Yvonne Simpson. (Economou, Chris) |
| Filing 72 Letter MOTION in Limine by Yvonne Simpson. (Attachments: #1 Exhibit Expert Report, #2 Exhibit Expert Report, #3 Exhibit Binding Arbitration Decision) (Economou, Chris) |
| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Telephone Conference held on 11/1/2022. John Palatinos appearing on behalf of Plaintiff. Kent B. Dolan appearing on behalf of Defendants. See separate docket entry for Order. (FTR Log #3:48-4:05.) (JR) |
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ORDER. In preparation for the January 2023 trial, counsel will submit an updated JPTO by 12/2/2022. They will endeavor to clarify and streamline the exhibits and medical witnesses, as well as any related objections. As to Plaintiff's Daubert motion, Plaintiff will serve the motion by 11/23/2022; Defendants will serve the opposition by 12/16/2022; and Plaintiff will serve the reply and file the fully briefed motion by 12/23/2022. Counsel are encouraged to discuss settlement possibilities. They may request a referral to Court-annexed mediation by submitting a letter to the Court. Counsel were reminded of the 1/12/2023 IN PERSON pre-trial conference. Ordered by Magistrate Judge Vera M. Scanlon on 11/1/2022. (JR)
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SCHEDULING ORDER: A Telephone Conference is set for 11/1/2022 at 3:30 PM before Magistrate Judge Vera M. Scanlon to discuss the parties' #49 Proposed Pretrial Order. The parties are to call 877-336-1829 and dial the access code 3581283 for the AT&T conference bridge. Ordered by Magistrate Judge Vera M. Scanlon on 9/20/2022. (Scully, Nicole)
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TRIAL MANAGEMENT ORDER: Jury selection in this case is set for 1/30/2023 before Magistrate Judge Vera M. Scanlon. Jury trial to begin on 2/1/2023 at 10:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. A pre-trial conference will be held on 1/12/2023 at 3:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 9/20/2022. (Scully, Nicole)
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| Filing 71 Letter Magistrate Judge Vera M Scanlon Joint Availability for Trial by Yvonne Simpson (Economou, Chris) |
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ORDER. Based on the undisputed submissions as to diversity at #66 and #70 , the Court finds it has jurisdiction under 28 U.S.C. 1332(a). By 7/22/2022, counsel are to submit a letter as to their joint availability for trial from now through June 2023. Ordered by Magistrate Judge Vera M. Scanlon on 7/18/2022. (Scully, Nicole)
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| Filing 70 NOTICE by Yvonne Simpson Responsive Diversity Letter (Economou, Chris) |
| Filing 69 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Vera M. Scanlon for all further proceedings. Judge Frederic Block no longer assigned to 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. (So Ordered by Frederic Block, dated 7/12/2022) (Galeano, Sonia) |
| Filing 68 (Economou, Chris) |
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Filing 67
ORDER: The Court held a pre-trial conference on June 24, 2022. Counsel failed to comply with the instructions in the June 24, 2022 minute entry to file by July 8, 2022 a fully executed consent to a Magistrate Judge form. By July 18, 2022 counsel shall file a fully executed copy of the attached consent to a Magistrate Judge form. Ordered by Judge Frederic Block on 7/12/2022. (Innelli, Michael)
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| Case no longer referred to Magistrate Judge Vera M. Scanlon. (Galeano, Sonia) |
| Filing 66 NOTICE by Ethian Murphy, New Prime Inc. (Dolan, Kent) |
| Filing 65 Minute Entry for proceedings held before Judge Frederic Block: Chris Economon, Esq. & John Palaitianos, Esq. for the plaintiff and Kent Dolan, Esq. for the defendants, all present. Telephone pre-trial conference held on 6/24/2022. Counsels joint pre-trial order #49 was discussed. Settlement is not possible at this time. Diversity jurisdiction was discussed. By July 8, 2022 the defendant shall file a letter confirming diversity jurisdiction and by July 15, 2022 the plaintiff shall file a reply letter. MJ Scanlon will determine the diversity jurisdiction issue prior to scheduling a jury trial. Counsel have consented to have this case re-assigned to MJ Scanlon for all purposes including a jury trial and entry of a judgment. Counsel were informed that MJ Scanlon will schedule a jury trial date that works for all the parties. Attached to this minute entry is a consent form. By July 8, 2022 all parties shall execute the attached consent form and then plaintiffs counsel shall file it with the Court at which time the case will be re-assigned to MJ Scanlon for all purposes.(Court Reporter: Not Reported) (Innelli, Michael) |
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SCHEDULING ORDER: The in person pre-trial conference scheduled for June 24, 2022 @ 4:00 PM is being converted to a telephone conference due to a conflict with the Court's calendar. All parties are directed to call 877-336-1839 then enter access code 7543641 at the time of the telephone pre-motion conference . Upon receipt of this email counsel shall confirm with each other of the date and time of this telephone pre-motion conference. Ordered by Judge Frederic Block on 6/22/2022. (Innelli, Michael)
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| Set/Reset Hearings: Telephone Pre-Trial Conference set for 6/24/2022 04:00 PM before Judge Frederic Block. (Innelli, Michael) |
| Filing 64 Second MOTION to Adjourn Conference by Ethian Murphy, New Prime Inc.. (Gitnik, Roman) |
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ELECTRONIC ORDER: Defendant's letter application #64 is GRANTED. The in person pre-trial conference scheduled for May 20, 2022 is adjourned to June 24, 2022 at 4:00 P.M. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person pre-trial conference. In the future counsel should obtain the consent of all parties prior to filing a letter seeking an adjournment of a court appearance. Ordered by Judge Frederic Block on 5/19/2022. (Innelli, Michael)
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| Set/Reset Hearings: In Person Pretrial Conference set for 6/24/2022 04:00 PM before Judge Frederic Block. (Innelli, Michael) |
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SCHEDULING ORDER: The in person pre-trial conference scheduled for March 30, 2022 is being adjourned by the Court to May 20, 2022 @ 4:00 pm, due to a conflict with the Court's calendar. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person pre-trial conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference, and then file a letter application. Ordered by Judge Frederic Block on 3/22/2022. (Innelli, Michael)
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| Set/Reset Hearings: In Person Pretrial Conference set for 5/20/2022 04:00 PM before Judge Frederic Block. (Innelli, Michael) |
| Filing 63 First MOTION to Adjourn Conference by Ethian Murphy, New Prime Inc.. (Gitnik, Roman) |
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ELECTRONIC ORDER: Defendant's letter application #63 without the consent of plaintiff's counsel is GRANTED. The in person pre-trial conference scheduled for March 8, 2022 is adjourned to March 30, 2022 at 4:00 P.M. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person pre-trial conference. Ordered by Judge Frederic Block on 3/7/2022. (Innelli, Michael)
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| Set/Reset Hearings: In Person Pretrial Conference set for 3/30/2022 04:00 PM before Judge Frederic Block. (Innelli, Michael) |
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SCHEDULING ORDER: An in person pretrial conference is schedule for March 8, 2022 @ 4:00 pm to schedule a trial date. Trial counsel shall appear at this conference so a firm trial date can be scheduled. Upon receipt of this email counsel shall confirm with each other the date and time of this in person pre-trial conference. If this date presents a conflict counsel shall first obtain the consent from all the parties to adjourn this conference and then file a letter application. Ordered by Judge Frederic Block on 2/22/2022. (Innelli, Michael)
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| Set/Reset Hearings: In Person Pre-trial Conference set for 3/8/2022 04:00 PM before Judge Frederic Block. (Innelli, Michael) |
| Case Reassigned to Judge Frederic Block. Judge Roslynn R. Mauskopf no longer assigned 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. (Mahoney, Brenna) |
| NOTICE: This case has just been recently re-assigned to J. Block for all purposes. This case has been placed on the Courts trial ready calendar. When the National Health Crisis involving COVID-19 is lifted, the Court will then schedule an in person pre-trial conference to schedule a jury trial date. At the pre-trial conference counsel can raise their anticipated Daubert motions. Due to COVID-19 the court's trial calendar is backed up. Counsel should consider participating in the Court's mediation program or consenting to try this case before the assigned Magistrate Judge. Counsel should notify the court by letter if they would like to do either of the above. (Innelli, Michael) |
| Filing 62 Letter Status Update to Judge Scanlon by Yvonne Simpson (Economou, Chris) |
| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 1/21/2021. Christopher Michael Arzberger appearing for Plaintiff. Kent B. Dolan appearing for Defendant. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:09-11:29.) (Quinlan, Krista) |
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STATUS REPORT ORDER: As discussed during the 1/21/2021 conference, the Parties express that they would like to proceed with Plaintiff's Daubert motion and move forward with trial. On or before 2/11/2021, the Parties will file a joint letter updating the Court on their preference for trial. Ordered by Magistrate Judge Vera M. Scanlon on 1/21/2021. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 12/10/2020. Christopher Michael Arzberger and Chris Economou appearing for Plaintiff. Kent B. Dolan appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #3:06-3:31.) (Quinlan, Krista) |
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SCHEDULING ORDER: As discussed during the 12/10/2020 conference, on or before 12/24/2020, Defendants shall provide Plaintiff with updated Rule 26 initial disclosures including information regarding the insurance policy. A Telephone Conference is set for 1/21/2021 11:00 AM before Magistrate Judge Vera M. Scanlon to discuss whether this case may be resolved by settlement or court-annexed mediation. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Ordered by Magistrate Judge Vera M. Scanlon on 12/10/2020. (Quinlan, Krista)
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| Filing 61 Letter to Chief Justice Mauskopf by Yvonne Simpson (Economou, Chris) |
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ORDER granting #60 Motion to Substitute Attorney. Added attorney Kent B. Dolan for Ethian Murphy,Kent B. Dolan for New Prime Inc. Attorney Peter G. Siachos; Ryan Emerson Dempsey and Matthew P. Gallo terminated. Ordered by Magistrate Judge Vera M. Scanlon on 11/23/2020. (Quinlan, Krista)
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SCHEDULING ORDER: A Telephone Conference is set for 12/10/2020 at 3:00 PM before Magistrate Judge Vera M. Scanlon. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Please do not use the speaker function on your phone, remember to identify yourselves every time you speak, and speak slowly and deliberately for purposes of the record. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Ordered by Magistrate Judge Vera M. Scanlon on 11/23/2020. (Quinlan, Krista)
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| Filing 60 MOTION to Substitute Attorney by Yvonne Simpson (Attachments: #1 Supplement) (Economou, Chris) Modified on 11/23/2020 to add motion. (Quinlan, Krista). |
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ORDER: The Parties express that they would like to proceed with Plaintiff's Daubert motion and move forward with trial. The Parties shall direct their request to the District Judge in accordance with her individual rules of practice. Ordered by Magistrate Judge Vera M. Scanlon on 11/17/2020. (Quinlan, Krista)
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| Filing 59 Letter Honorable Judge Vera M. Scanlon by Yvonne Simpson (Economou, Chris) |
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STATUS REPORT ORDER: On or before 12/4/2020, the Parties will file a joint status report letter updating the Court on a new date for arbitration and whether the parties were able to determine mutually agreeable parameters for arbitration. Ordered by Magistrate Judge Vera M. Scanlon on 10/20/2020. (Quinlan, Krista)
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| Filing 58 Letter Joint by Ethian Murphy, New Prime Inc., STATUS REPORT by Ethian Murphy, New Prime Inc. (Dempsey, Ryan) |
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STATUS REPORT ORDER: On or before 10/19/2020, the Parties will file a joint status report letter updating the Court regarding arbitration. Ordered by Magistrate Judge Vera M. Scanlon on 9/7/2020. (Quinlan, Krista)
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| Filing 57 Letter dated September 3, 2020 to Judge Vera Scanlon by Ethian Murphy, New Prime Inc., STATUS REPORT by Ethian Murphy, New Prime Inc. (Dempsey, Ryan) |
| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 7/13/2020. Christopher Arzberger appearing for Plaintiff. Ryan Emerson Dempsey appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #12:27-12:43.) (Quinlan, Krista) |
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STATUS REPORT ORDER: As discussed during the 7/13/2020 conference, on or before 9/4/2020, the Parties will file a joint status report letter updating the Court whether the Parties will pursue NAM mediation, binding arbitration or the case in Federal Court. Ordered by Magistrate Judge Vera M. Scanlon on 7/13/2020. (Quinlan, Krista) Modified on 7/14/2020 (Quinlan, Krista).
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RE-SCHEDULING ORDER: Due to a conflict in the Court's schedule, the telephone conference originally scheduled for 7/15/2020 will be held on 7/13/2020 at 12:00 PM before Magistrate Judge Vera M. Scanlon. Counsel are to confirm amongst themselves that all are aware of this change. The Parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Should the Parties experience delays or difficulty accessing the conference bridge due to a high volume of calls, please dial again. In case of an emergency or should the Parties need to apprise the Court of any confidential developments requiring an adjournment of the telephone conference, the Parties may contact the Court via email at Scanlon_Chambers@nyed.uscourts.gov with 3 proposed alternative dates. No ex parte communications. Ordered by Magistrate Judge Vera M. Scanlon on 6/29/2020. (Quinlan, Krista)
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SCHEDULING ORDER: A Telephone Conference is set for 7/15/2020 at 3:00 PM before Magistrate Judge Vera M. Scanlon. Counsel should be prepared to address whether the trial in this case should continue to be delayed in light of the state proceedings, or if trial preparations, including possibly the anticipated Daubert motion, should proceed. Counsel should also be prepared to discuss whether this case will be joined with the arbitration of the related two cases. The Parties are to call 877-336-1829 and type in the access code 3581283. Should the Parties experience delays or difficulty accessing the conference bridge due to a high volume of calls, please dial again. In case of an emergency or should the Parties need to apprise the Court of any confidential developments requiring an adjournment of the telephone conference, the Parties may contact the Court via email at Scanlon_Chambers@nyed.uscourts.gov with 3 proposed alternative dates. No ex parte communications. Ordered by Magistrate Judge Vera M. Scanlon on 5/27/2020. (Quinlan, Krista)
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STATUS REPORT ORDER: On or before 7/10/2020, the Parties will file a joint status report letter informing the Court whether the arbitration in state court has occurred. Ordered by Magistrate Judge Vera M. Scanlon on 5/26/2020. (Quinlan, Krista)
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| Filing 56 STATUS REPORT Status Letter by Yvonne Simpson (Economou, Chris) |
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STATUS REPORT ORDER: On or before 5/22/2020, the Parties will file a joint status report letter informing the Court whether the arbitration in state court has occurred. Ordered by Magistrate Judge Vera M. Scanlon on 3/23/2020. (Quinlan, Krista)
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| Filing 55 Letter Status Report to Court by Yvonne Simpson (Economou, Chris) |
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STATUS REPORT ORDER: On or before 3/20/2020, the Parties will file a joint status report letter informing the Court whether the arbitration in state court has occurred. Ordered by Magistrate Judge Vera M. Scanlon on 1/29/2020. (Quinlan, Krista)
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| Filing 54 Letter re: Status Update by Ethian Murphy, New Prime Inc. (Gallo, Matthew) |
| Filing 53 Letter Status Request by Yvonne Simpson (Economou, Chris) |
| Filing 52 NOTICE of Appearance by Chris Economou on behalf of Yvonne Simpson (aty to be noticed) (Economou, Chris) |
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STATUS REPORT ORDER: By 11/1/2019, counsel are to submit a letter update as to the status of the two related state court cases that were scheduled for trial in the spring. Counsel should indicate whether settlement discussions are likely to be productive and whether they request a referral to the Court's ADR program. Ordered by Magistrate Judge Vera M. Scanlon on 10/16/2019. (Quinlan, Krista)
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| Filing 51 NOTICE of Appearance by Ryan Emerson Dempsey on behalf of Ethian Murphy, New Prime Inc. (aty to be noticed) (Dempsey, Ryan) |
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Filing 50
ORDER: As discussed during the 12/3/2018 conference (see attached order for additional detail and deadlines), counsel are trial ready except there is a significant Daubert motion to be heard prior to trial. Two related cases will likely be tried in state court in the Spring. Ordered by Magistrate Judge Vera M. Scanlon on 12/3/2018. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 12/3/2018 in Courtroom 13A South. Christopher Arzberger appearing for Plaintiff. Matthew Gallo appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #12:13-12:20.) (Quinlan, Krista) |
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SCHEDULING ORDER: An in person Status Conference is set for 12/3/2018 at 12:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon to review the JPTO and settlement possibilities. Ordered by Magistrate Judge Vera M. Scanlon on 11/1/2018. (Quinlan, Krista)
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| Filing 49 Proposed Pretrial Order by Yvonne Simpson (Attachments: #1 Letter) (Arzberger, Christopher) |
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STATUS REPORT ORDER: The Parties failed to comply with the Court's 5/2/2018 Order. On or before 7/27/2018, the Parties must comply. The Parties are warned that failure to comply with the Court's Orders may result in sanctions. Ordered by Magistrate Judge Vera M. Scanlon on 7/25/2018. (Quinlan, Krista)
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Filing 48
SCHEDULING ORDER: As discussed during the 5/2/2018 conference (see attached order for additional detail and deadlines), On or before 5/15/2018, the Parties will file their joint Revised Proposed Pretrial Order. Counsel will discuss settlement possibilities and revise the proposed JPTO. Ordered by Magistrate Judge Vera M. Scanlon on 5/2/2018. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 5/2/2018 in Courtroom 13A South. Christopher Arzberger appearing for Plaintiff. Matthew Gallo appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #10:11-10:12; 10:53-11:08; 11:42-11:44.) (Quinlan, Krista) |
| Filing 47 Proposed Pretrial Order First Amended by Yvonne Simpson (Arzberger, Christopher) |
| Filing 46 Minute Entry for proceedings held before Magistrate Judge Viktor V. Pohorelsky: Settlement Conference held on 4/4/2018. Settlement not reached. See annexed minutes for further details. (Pohorelsky, Viktor) |
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SCHEDULING ORDER: re #45 Letter filed by New Prime Inc., Ethian Murphy -- at the request of the parties the Settlement Conference is reset for 4/4/2018 at 10:00 AM in Courtroom 2F North before Magistrate Judge Viktor V. Pohorelsky. By the close of business on 4/2/2018, counsel shall each submit ex parte letters limited to three pages setting forth their respective settlement positions. The letters are to be sent by email to viktor_pohorelsky@nyed.uscourts.gov. Ordered by Magistrate Judge Viktor V. Pohorelsky on 2/22/2018. (Pohorelsky, Viktor)
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| Filing 45 Letter to Judge Pohorelsky by Ethian Murphy, New Prime Inc. (Gallo, Matthew) |
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Filing 44
ORDER finding as moot #43 Motion for Discovery. SCHEDULING ORDER: As discussed during the 2/13/2018 conference (see attached order for additional detail and deadlines) an in person Status Conference is set for 5/2/2018 at 10:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon to review revised JPTO. Plaintiff agreed to set for a second IME etc (as stated on the record). The report would be expected by 3/30/2018. A Settlement Conference is set for 3/1/2018 at 10:00 AM in Courtroom 2F North before Magistrate Judge Viktor V. Pohorelsky. If the case does not settle, a revised JPTO is due by 4/27/2018. Ordered by Magistrate Judge Vera M. Scanlon on 2/13/2018. (Quinlan, Krista)
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| CASE REFERRED to Magistrate Judge Magistrate Judge Viktor V. Pohorelsky for a settlement conference. (Quinlan, Krista) |
| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 2/13/2018 in Courtroom 13A South. Christopher Arzberger appearing for Plaintiff. Matthew Gallo appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #10:53-11:02.) (Quinlan, Krista) |
| Filing 43 MOTION for Discovery by Ethian Murphy, New Prime Inc. (Gallo, Matthew) Modified on 2/16/2018 to add motion. (Quinlan, Krista). |
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SCHEDULING ORDER: An in person Status Conference is set for 2/13/2018 at 10:30 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 1/19/2018. (Quinlan, Krista)
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| Filing 42 Proposed Pretrial Order - Joint Filing by Yvonne Simpson (Arzberger, Christopher) |
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ORDER granting #41 Motion for Extension of Time to File. The Parties are to file their joint Proposed Pretrial Order by 8/7/2017. Ordered by Magistrate Judge Vera M. Scanlon on 7/31/2017. (Stackhouse, Noreen)
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| Filing 41 MOTION for Extension of Time to File Joint Proposed Pretrial Order by Yvonne Simpson (Arzberger, Christopher) Modified on 7/31/2017 to add motion (Stackhouse, Noreen). |
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Order Certifying Discovery is complete. As the Parties confirmed at #40 , discovery in this matter is complete. The Parties are reminded of the 7/31/2017 deadline to file their joint Proposed Pretrial Order. Ordered by Magistrate Judge Vera M. Scanlon on 6/5/2017. (Stackhouse, Noreen)
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| Filing 40 Letter (Joint Status Report) by Ethian Murphy, New Prime Inc. (Siachos, Peter) |
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Filing 39
SCHEDULING ORDER: As discussed during the 3/31/2017 conference (see attached order for additional detail and deadlines), all discovery must be completed by 5/31/2017. On or before 6/2/2017, the Parties will file a joint status report letter confirming that discovery is complete. On or before 7/31/2017, the Parties will file their joint Proposed Pretrial Order. Mediation is underway. Counsel are encouraged to pursue settlement discussions and to meet again with a mediator. Ordered by Magistrate Judge Vera M. Scanlon on 3/31/2017. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 3/31/2017 in Room 504 North. Christopher Arzberger appearing for Plaintiff. Matthew Gallo appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #9:53-10:03.) (Quinlan, Krista) |
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ORDER granting #38 Motion for Extension of Time to Complete Discovery. In light of the Parties' mediation schedule and the recent completion of Ms. Spauldina's deposition, the Parties' request for an extension of time to complete expert discovery is granted. Initial expert reports to be served by 3/15/2017. Rebuttal expert reports to be served by 4/15/2017. The deadline for expert discovery is 5/17/2017. On or before 5/19/2017, the Parties will file a joint status report letter confirming that discovery is complete. On or before 6/19/2017, the Parties will file their joint Proposed Pretrial Order. The 2/22/2017 Status Conference is adjourned to 3/31/2017 at 09:30 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 2/16/2017. (Stackhouse, Noreen)
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| Filing 38 MOTION for Extension of Time to Complete Discovery by Ethian Murphy, New Prime Inc. (Siachos, Peter) Modified on 2/16/2017 to add motion (Stackhouse, Noreen). |
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ORDER granting #37 Motion for Extension of Time to Complete Discovery. In light of the Parties' mediation schedule, the Parties' request for an extension of time to complete discovery is granted. Initial expert reports to be served by 2/15/2017. Rebuttal expert reports to be served by 3/17/2017. The deadline for expert discovery is 4/17/2017. On or before 4/19/2017, the Parties will file a joint status report letter confirming that discovery is complete. On or before 5/17/2017, the Parties will file their joint Proposed Pretrial Order.The 1/17/2017 Status Conference is adjourned to 2/22/2017 at 09:30 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon.With regard to the deposition of Ms. Spauldina, counsel must undertake to make an appropriate motion for relief. Any motion for contempt should comply with Local Rule 83.6. Ordered by Magistrate Judge Vera M. Scanlon on 12/29/2016. (Stackhouse, Noreen)
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| Filing 37 MOTION for Extension of Time to Complete Discovery by Ethian Murphy, New Prime Inc. (Siachos, Peter) Modified on 12/29/2016 to add motion (Stackhouse, Noreen). |
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ORDER: The 12/6/2016 Status Conference has been rescheduled to 1/17/2017 at 10:30 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. On or before 1/13/2017, the Parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. Counsel are to confer with each other to confirm that all are aware of the change. Ordered by Magistrate Judge Vera M. Scanlon on 12/5/2016. (Stackhouse, Noreen)
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Filing 36
ORDER granting #35 Motion for Extension of Time to Complete Discovery; SCHEDULING ORDER: As discussed during the 11/16/2016 conference (see attached order for additional detail and deadlines), all discovery must be completed by 2/28/2017. On or before 2/31/2017, the Parties will file a joint status report letter confirming that discovery is complete. On or before 3/31/2017, the Parties will file their joint Proposed Pretrial Order. By 2/10/2017, if counsel wish to mediate they will inform the Court of such arrangements. Ordered by Magistrate Judge Vera M. Scanlon on 11/16/2016. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Motion Hearing held on 11/16/2016 re #35 MOTION for Extension of Time to Complete Discovery to Submit Expert Report Because of Unavailability of Material Witness filed by New Prime Inc., Ethian Murphy. Christopher Arzberger appearing for Plaintiff. Matthew Gallo appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #9:37-9:45.) (Quinlan, Krista) |
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ORDER deferring ruling on #35 Motion for Extension of Time to Complete Discovery. SCHEDULING ORDER: Status Conference set for 11/16/2016 at 09:30 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. The Parties should be prepared to discuss Defendants' letter motion at #35 . Ordered by Magistrate Judge Vera M. Scanlon on 11/7/2016. (Stackhouse, Noreen)
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| Filing 35 MOTION for Extension of Time to Complete Discovery to Submit Expert Report Because of Unavailability of Material Witness by Ethian Murphy, New Prime Inc.. (Siachos, Peter) |
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SCHEDULING ORDER: A Status Conference is set for 12/6/2016 at 10:30 AM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 9/29/2016. (Quinlan, Krista)
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ORDER granting #34 Motion for Extension of Time to Complete Discovery. Defendants must serve their biochemical/reconstruction expert reports by 11/4/2016; Plaintiff must serve biochemical/reconstruction rebuttal expert reports by 11/18/2016; all expert depositions must be completed by 12/9/2016; all discovery must be completed by 12/16/2016; and the Parties must file their joint Proposed Pretrial Order by 12/30/2016. In addition, on or before 12/16/2016, the Parties will file a joint status report confirming that discovery is complete. Ordered by Magistrate Judge Vera M. Scanlon on 9/28/2016. (Weingarten, Richard)
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| Filing 34 Letter Joint Letter from Peter G. Siachos and Christopher Arzberger requesting extension of discovery by Ethian Murphy, New Prime Inc. (Siachos, Peter) Modified on 9/28/2016 to add motion (Weingarten, Richard). |
| Filing 33 Motion to compel by Ethian Murphy, New Prime Inc. (Attachments: #1 Exhibit A) (Siachos, Peter) Modified on 9/26/2016 to add motion (Weingarten, Richard). |
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ORDER denying #33 Motion to Compel. Plaintiff's motion to "suppress" is denied as she fails to cite any authority which would warrant such relief, particularly where, as here, Ms. Spauldina's deposition is scheduled to continue in October 2016 when all Parties will have a chance to question her. Moreover, with respect to Plaintiff's motion to compel the "property damage file," Plaintiff fails to assert that such file was ever requested from Defendants. As such, Plaintiff's motion to compel this documentation is denied without prejudice with leave to renew following a discovery request for same and certification that the Parties have met and conferred pursuant to Fed. R. Civ. P. 37(a)(1) should a dispute arise. Ordered by Magistrate Judge Vera M. Scanlon on 9/26/2016. (Weingarten, Richard)
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| Filing 32 Letter by Yvonne Simpson (Arzberger, Christopher) |
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Filing 31
SCHEDULING ORDER: As discussed during the 9/20/2016 conference (see attached order for additional detail and deadlines), a Status Conference is set for 11/17/2016 at 3:30 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. The 10/18/2016 conference is cancelled. During the deposition of Ms. Spaulding, who in state cases is represented by Jon Kessel, who also represents Plaintiff Ms. Simpson in State Court litigation, a conflict of interest arose for Mr. Kessel as to the dual representation of Ms. Simpson and Ms. Spaulding. Mr. Kessel needs to withdraw as counsel for Ms. Simpson and Ms. Spaulding, and new counsel will need to be appointed by the carrier on the state litigation. Accordingly, the deposition of Ms. Spaulding could not be completed today as Ms. Spaulding's counsel is unable to continue his representation today. Mr. Kessel expects that new counsel can be appointed within 30 days. Discovery is extended for 30 days given these exigent circumstances. Counsel are to submit a joint letter with the revised dates by 9/23/2016. Ordered by Magistrate Judge Vera M. Scanlon on 9/20/2016. (Quinlan, Krista)
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Filing 30
ORDER: As discussed during the 9/20/2016 conference (see attached order for additional detail and deadlines), counsel provided an update on a non party witness appearance at a deposition, which is expected to proceed today. Ordered by Magistrate Judge Vera M. Scanlon on 9/20/2016. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 9/20/2016 in Room 504 North. Ralph Caio appearing for Plaintiff. Peter Siachos, Matthew Gallo and Jon Kassel appearing for Defendants. Witness Kareena Spaulding present. See separate docket entry for Order issuing from this proceeding. (Tape #12:45-12:55.) (Quinlan, Krista) |
| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 9/20/2016 in Room 504 North. Ralph Caio appearing for Plaintiff. Peter Siachos, Matthew Gallo and Jon Kassel appearing for Defendants. Witness Kareena Spaulding present. See separate docket entry for Order issuing from this proceeding. (Tape #11:44-11:47.) (Quinlan, Krista) |
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ORDER finding as moot #26 Motion for Extension of Time to File. See docket entry #29. Ordered by Magistrate Judge Vera M. Scanlon on 9/8/16. (Quinlan, Krista)
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Filing 29
ORDER: As discussed during the 9/8/2016 conference (see attached order for additional detail and deadlines), as previously noted, the motion to compel is moot based on the counsel's agreement. Based on recent communication from the witness's counsel, Defendants are responding by serving the witness a subpoena for a 9/20/2016 deposition. Parties and non parties are expected to comply with properly served discovery tools. Ordered by Magistrate Judge Vera M. Scanlon on 9/8/2016. (Quinlan, Krista)
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| Filing 28 Letter re: instructions in Order by Yvonne Simpson (Arzberger, Christopher) |
| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 9/8/2016 in Room 504 North. Christopher Arzberger appearing for Plaintiff. Matthew Gallo appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #3:58-4:07.) (Quinlan, Krista) |
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ORDER granting #27 Motion to Appear by Telephone. Plaintiff's counsel is directed to confirm that Defendants' counsel is aware of the change. Ordered by Magistrate Judge Vera M. Scanlon on 9/8/2016. (Quinlan, Krista)
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| Filing 27 Motion to Appear by Telephone by Yvonne Simpson (Arzberger, Christopher) Modified on 9/8/2016 to add motion (Quinlan, Krista). |
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ORDER finding as moot #24 Motion for Discovery. In light of #26 , Defendants' motion to compel the deposition of Ms. Spauldina is denied as moot. The conference previously scheduled for 9/8/2016 at 3:30 p.m. will go forward to discuss a final expert discovery schedule. Counsel for Ms. Spauldina need not attend the conference. Defendants' counsel is directed to immediately alert Ms. Spauldina's counsel by email and telephone of this Order. Ordered by Magistrate Judge Vera M. Scanlon on 9/7/2016. (Weingarten, Richard)
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| Filing 26 MOTION for Extension of Time to File expert discovery by Ethian Murphy, New Prime Inc. (Siachos, Peter) Modified on 9/7/2016 to add motion (Quinlan, Krista). |
| Filing 25 DECLARATION of Service by Ethian Murphy, New Prime Inc. (Attachments: #1 Exhibit A, #2 Exhibit B) (Siachos, Peter) |
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SCHEDULING ORDER: An in-person status conference is scheduled for 9/8/2016 to discuss Defendants' motion at #24 . Defendants' counsel is directed to serve a copy of this Order by mail and email on non-party Kareena Spauldina's counsel by 8/29/2016, and must file a declaration of service by 8/30/2016. Ms. Spaldina's counsel must appear in person at the conference. To the extent Ms. Spaldina's counsel intends to file a response to Defendants' motion, she may do so by filing a copy on the docket or emailing a copy to chambers at Scanlon_Chambers@nyed.uscourts.gov by 9/2/2016. Status Conference set for 9/8/2016 03:30 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 8/26/2016. (Weingarten, Richard)
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| Filing 24 MOTION for Discovery by Ethian Murphy, New Prime Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Siachos, Peter) |
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ORDER granting #23 Motion for Extension of Time to File. All deadlines set in the Court's 7/19/2016 Order are extended as follows: all discovery must be completed by 10/28/2016. On or before 10/28/2016, the Parties will file a joint status report letter confirming that discovery is complete. On or before 11/28/2016, the Parties will file their joint Proposed Pretrial Order. Defendants will serve biochemical/reconstruction expert reports by 9/12/2016. Plaintiff may serve biochemical/reconstruction rebuttal reports by 10/11/2016. By 10/24/2016, all expert depositions are to be completed. The telephone conference previously set for 9/26/2016 will instead be held on 10/18/2016 at 10:00 a.m. No further extensions will be granted absent exigent circumstances. (Status Report due by 10/28/2016) (Telephone Conference set for 10/18/2016 10:00 AM before Magistrate Judge Vera M. Scanlon) Ordered by Magistrate Judge Vera M. Scanlon on 8/19/2016. (Weingarten, Richard)
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| Filing 23 Letter from Peter G. Siachos by Ethian Murphy, New Prime Inc. (Siachos, Peter) Modified on 8/19/2016 to add motion (Weingarten, Richard). |
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ORDER granting #21 Motion for Extension of Time to serve expert report. Defendants may serve an economic expert report by 9/19/2016. All other deadlines set forth in the Court's 7/19/2016 Order remain the same. Ordered by Magistrate Judge Vera M. Scanlon on 8/8/2016. (Weingarten, Richard)
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| Filing 22 Letter in Response to Defendant's Letter by Yvonne Simpson (Arzberger, Christopher) |
| Filing 21 Letter requesting ext of time to serve expert report Peter G. Siachos by Ethian Murphy, New Prime Inc. (Siachos, Peter) Modified on 8/8/2016 to add motion (Weingarten, Richard). |
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ORDER granting #20 Motion for Extension of Time to Serve expert report. All deadlines set in the Court's 7/13/2016 Order are extended as follows: all discovery must be completed by 10/10/2016. On or before 10/10/2016, the Parties will file a joint status report letter confirming that discovery is complete. On or before 11/15/2016 the Parties will file their joint Proposed Pretrial Order. Defendant will serve a biochemical expert report by 8/19/2016. Defendant will serve a reconstruction expert report by 8/19/2016, rebuttal report due 9/20/2016. By 10/4/2016, all expert depositions are to be completed. The conference previously set for 9/26/2016 will go forward as scheduled. Ordered by Magistrate Judge Vera M. Scanlon on 7/19/2016. (Weingarten, Richard)
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| Filing 20 Letter requesting extension of expert discovery schedule from Peter G. Siachos by Ethian Murphy, New Prime Inc. (Siachos, Peter) Modified on 7/19/2016 (Weingarten, Richard). |
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Filing 19
ORDER: As discussed during the 7/13/2016 conference (see attached order for additional detail and deadlines), all discovery must be completed by 9/27/2016. On or before 9/27/2016 the Parties will file a joint status report letter confirming that discovery is complete. On or before 11/1/2016 the Parties will file their joint Proposed Pretrial Order. Defendant will serve a biochemical expert report by 8/5/2016. Defendant will serve a reconstruction expert report by 8/5/2016, rebuttal report due 9/6/2016. By 9/20/2016, all expert depositions are to be completed. A Telephone Conference is set for 9/26/2016 at 2:15 PM before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 7/13/2016. (Gillespie, Saudia)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 7/13/2016 in Room 504 North. Christopher Arzberger appearing for Plaintiff and Peter Siachos appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #2:32-3:21.) (Gillespie, Saudia) |
| Filing 18 Letter from Peter G. Siachos by Ethian Murphy, New Prime Inc. (Siachos, Peter) |
| Filing 17 Letter from Peter G. Siachos by Ethian Murphy, New Prime Inc. (Siachos, Peter) |
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Filing 16
SCHEDULING ORDER: As discussed during the 3/24/2016 conference (see attached order for additional detail and deadlines), a Telephone Conference is set for 7/13/2016 at 2:30 PM before Magistrate Judge Vera M. Scanlon. Defendants' counsel is to organize a conference call, then phone Chambers at (718) 613-2300 with all counsel on the line. Plaintiff may have surgery which may require an extension of the IME/EBT schedule for Plaintiff. Ordered by Magistrate Judge Vera M. Scanlon on 3/24/2016. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 3/24/2016 in Room 504 North. Christopher Arzberger appearing for Plaintiff. Matthew Gallo appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (Tape #2:53-3:07.) (Quinlan, Krista) |
| Filing 15 Letter from Peter G. Siachos by Ethian Murphy, New Prime Inc. (Siachos, Peter) |
| Case Reassigned to Judge Roslynn R. Mauskopf. Judge John Gleeson no longer assigned 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. (Brucella, Michelle) |
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ORDER granting #14 Motion for Extension of Time to serve initial disclosures and discovery demands. Ordered by Magistrate Judge Vera M. Scanlon on 1/8/2016. (Weingarten, Richard)
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| Filing 14 Letter motion from Peter G. Siachos re: Extension of Time to Serve Discovery by Ethian Murphy, New Prime Inc. (Siachos, Peter) Modified to add motion on 1/8/2016 (Weingarten, Richard). |
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Filing 13
SCHEDULING ORDER: As discussed during the 12/7/2015 conference (see attached order for additional detail and deadlines), all discovery must be completed by 9/1/2016. On or before 9/15/2016, the Parties will file a joint status report letter confirming that discovery is complete. On or before 10/1/2016, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 11/1/2016, the Parties will file their joint Proposed Pretrial Order. A Telephone Conference is set for 3/24/2016 at 2:45 PM before Magistrate Judge Vera M. Scanlon. Plaintiff's counsel is to organize a conference call, then phone Chambers at (718) 613-2300 with all counsel on the line. On or before 3/17/2016, the Parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes.. Ordered by Magistrate Judge Vera M. Scanlon on 12/7/2015. (Quinlan, Krista)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 12/7/2015 in Room 504 North. Christopher Arzberger appearing for Plaintiff. Matthew Gallo appearing for Defendant. See separate docket entry for Order issuing from this proceeding.(Tape #9:55-10:31.) (Quinlan, Krista). |
| Filing 12 Proposed Scheduling Order Initial by Ethian Murphy, New Prime Inc. (Siachos, Peter) |
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Filing 11
SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 12/7/2015 at 10:00 A Mbefore Magistrate Judge Scanlon in Courtroom 504 North. Plaintiff's counsel is directed to confirm with Defendant's counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 12/3/2015. Ordered by Magistrate Judge Vera M. Scanlon on 10/23/2015. (Quinlan, Krista)
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| Filing 10 ANSWER to #9 Amended Complaint, by Ethian Murphy, New Prime Inc.. (Siachos, Peter) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Yvonne Simpson. (Attachments: #1 Affidavit of Service, #2 Affidavit of Service, #3 Affidavit of Service, #4 Affidavit of Service, #5 Civil Cover Sheet) (Arzberger, Christopher) |
| Filing 8 NOTICE of Appearance by Matthew P. Gallo on behalf of Ethian Murphy, New Prime Inc. (aty to be noticed) (Gallo, Matthew) |
| Filing 7 NOTICE by Yvonne Simpson Civil Cover Sheet (Arzberger, Christopher) |
| Filing 6 NOTICE of Appearance by Christopher Michael Arzberger on behalf of Yvonne Simpson (aty to be noticed) (Arzberger, Christopher) |
| Filing 5 Defendants' ANSWER to Complaint of Yvonne Simpson by Ethian Murphy, New Prime Inc.. (Siachos, Peter) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 3 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. (Davis, Kimberly) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by Ethian Murphy, New Prime Inc. (Attachments: #1 Rule 7.1 Disclosure) (Siachos, Peter) |
| Filing 1 NOTICE OF REMOVAL by Ethian Murphy, New Prime Inc. ( Filing fee $ 400 receipt number 0207-8030142) (Attachments: #1 Exhibit A - State Court Amended Complaint, #2 Exhibit B - Acknowledgement of Service, #3 Proposed Order) (Siachos, Peter) |
| Case Assigned to Judge John Gleeson and Magistrate Judge Vera M. Scanlon. 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. (Davis, Kimberly) |
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