Guzman v. Monroe et al
| Guzman and Romulo Guzman |
| Monroe, Abilene Motor Express,Inc. and Robert Monroe |
| 1:2017cv01254 |
| March 6, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Pamela K Chen |
| James Orenstein |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 7, 2018. A more recent docket listing may be available from PACER.
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ORDER DISMISSING CASE: The #39 Stipulation of Settlement is So Ordered. Ordered by Judge Pamela K. Chen on 6/7/2018. (Abdallah, Fida)
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| Filing 39 STIPULATION of Settlement to be so ordered. Action is discontinued without costs and without prejudice to the right to reopen the action if settlement is not consummated. by Abilene Motor Express,Inc., Robert Monroe (Nelson, Amanda) |
| Filing 38 Letter of Settlement Reached by Romulo Guzman (Liakas, Nicholas) |
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SCHEDULING ORDER re #38 Letter -- A telephone conference will be held on June 12, 2018, at 12:30 p.m. If a stipulation of dismissal is filed by June 8, 2018, I will cancel the conference; otherwise, counsel for the plaintiff shall initiate the call and conference in chambers when all parties are on the line. All parties are directed to use landlines rather than mobile telephones in order to reduce potential interference. Ordered by Magistrate Judge James Orenstein on 5/10/2018. (Drake, Shaw)
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ORDER -- The parties shall submit a joint pretrial order forthwith. See docket entry #37 . Ordered by Magistrate Judge James Orenstein on 5/9/2018. (Drake, Shaw)
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| Filing 37 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Interim Pretrial Conference held on 3/23/2018. Discovery is closed, and there are no unresolved disputes. The parties have agreed that the plaintiff will belatedly appear for independent medical examinations by two doctors, one today and the other on April 9, 2018. The parties discussed settlement but did not reach an agreement. Any party seeking leave to file a motion for summary judgment may submit a request by April 6, 2018, for a pre-motion conference. Upon the parties' submission of a joint pretrial order that fully complies with #Judge Chen's individual practice requirements, due no later than May 8, 2018, I will certify that the case is ready for trial. (Orenstein, James) |
| Filing 36 NOTICE of Appearance by Joseph T Guardino on behalf of Romulo Guzman (aty to be noticed) (Guardino, Joseph) |
| Filing 35 NOTICE of Appearance by Amanda Lynn Nelson on behalf of Abilene Motor Express,Inc., Robert Monroe (aty to be noticed) (Nelson, Amanda) |
| Filing 34 Letter MOTION for Extension of Time to Complete Discovery by Abilene Motor Express,Inc., Robert Monroe. (Kearney, Ryan) |
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ORDER denying #34 Motion for Extension of Time to Complete Discovery -- The motion is untimely and fails to make a satisfactory showing of extraordinary circumstances justifying either the extension requested or the delay in seeking it. I therefore deny the motion, but the parties remain free to continue exchanging information on a voluntary basis before trial. I will discuss the status of discovery and settlement at the next conference on March 23, 2018, at 9:30 a.m. The parties must file ex parte statements of settlement position via email by March 21, 2018. Ordered by Magistrate Judge James Orenstein on 3/8/2018. (Drake, Shaw)
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| Filing 33 NOTICE of Appearance by Ryan Thomas Kearney on behalf of Abilene Motor Express,Inc., Robert Monroe (aty to be noticed) (Kearney, Ryan) |
| Filing 32 AFFIDAVIT/AFFIRMATION Proof of Service by Abilene Motor Express,Inc., Robert Monroe (Berson, Alison) |
| Filing 31 AFFIDAVIT/AFFIRMATION Proof of Service by Abilene Motor Express,Inc., Robert Monroe (Berson, Alison) |
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Filing 30
AMENDED SCHEDULING ORDER: Fact discovery to be completed by: December 26, 2017. Plaintiff's expert reports to be completed by: January 26, 2018. Defendants' expert reports to be completed by: February 26, 2018. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: March 12, 2018. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): March 23, 2018, at 9:30 a.m. Dispositive motion process started by: April 6, 2018. Joint pretrial order due by: May 8, 2018. The deadlines in this order will be enforced, and in light of the history of this case, will be modified only upon a timely showing of extraordinary circumstances. SEE ATTACHED ORDER Ordered by Magistrate Judge James Orenstein on 11/27/2017. (Drake, Shaw)
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ORDER granting #29 Motion for Discovery -- The application is granted. I will enter a separate amended scheduling order reflecting the new deadlines. Ordered by Magistrate Judge James Orenstein on 11/27/2017. (Drake, Shaw)
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| Filing 29 MOTION for Discovery Extention of time by Romulo Guzman. (Liakas, Nicholas) |
| Filing 28 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Telephone Conference held on 10/12/2017. SCHEDULING: The next pretrial conference will be held on January 23, 2018, at 9:30 a.m. SUMMARY: I resolved the parties' deposition dispute as set forth on the record of the deposition. (Orenstein, James) |
| Filing 27 Letter MOTION to Adjourn Conference by Abilene Motor Express,Inc., Robert Monroe. (Berson, Alison) |
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ORDER granting #27 Motion to Adjourn Conference -- Upon reviewing the defendants' letter motion, Docket Entry #27 , it appears that the scheduled settlement conference would not be a productive use of the parties' or the court's time. Accordingly, the settlement conference scheduled for October 3, 2017, is cancelled. Pursuant to the Case Management and Scheduling Order dated April 25, 2017, Docket Entry #15 , I assume that discovery will be completed by the current deadline of January 10, 2018. Ordered by Magistrate Judge James Orenstein on 10/2/2017. (Drake, Shaw)
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| Filing 26 Letter by Abilene Motor Express,Inc., Robert Monroe (Berson, Alison) |
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ORDER re #26 Letter filed by Abilene Motor Express,Inc., Robert Monroe --The application is granted and the conference previously scheduled for September 12, 2017 is cancelled. Pursuant to the Case Management and Scheduling Order dated April 25, 2017, docket entry #15 , I assume that the parties' application is predicated on their agreement that discovery will be completed by the current deadline of January 10, 2018. Counsel for each party shall promptly advise me if that assumption is incorrect, and is also under a continuing obligation promptly to advise me of any subsequent developments that will keep the parties from complying with the deadlines currently in effect. Ordered by Magistrate Judge James Orenstein on 9/11/2017. (Miao, Tiffany)
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SCHEDULING ORDER: re #26 Letter filed by Abilene Motor Express,Inc., Robert Monroe -- A settlement conference is scheduled for October 3, 2017, at 2:00 p.m. No later than September 29, 2017, each party must submit an ex parte statement of settlement position by email only (NOT by ECF) to #orenstein_chambers@nyed.uscourts.gov. Each statement must include the terms on which the party is willing to settle the case, whether those terms are negotiable, and an explanation of that position. These statements will be treated as confidential, and will not be docketed. Meaningful settlement discussions will occur at this conference; clients or other persons with full settlement authority must be present or immediately available by telephone. Ordered by Magistrate Judge James Orenstein on 9/11/2017. (Miao, Tiffany)
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Filing 25
STIPULATION and Order Regarding Confidential Information with Exhibit A by Abilene Motor Express,Inc., Robert Monroe (Berson, Alison)
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ORDER re #25 Stipulation filed by Abilene Motor Express,Inc., Robert Monroe -- The stipulated protective order, docket entry #25 , is so ordered. Ordered by Magistrate Judge James Orenstein on 8/17/2017. (Miao, Tiffany)
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ORDER re #23 Stipulation filed by Abilene Motor Express,Inc., Robert Monroe -- The parties are respectfully directed to submit the referenced exhibit as a part of the proposed order. Ordered by Magistrate Judge James Orenstein on 8/17/2017. (Miao, Tiffany)
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| Filing 24 NOTICE of Change of Firm Address by Stephen John Liakas (Liakas, Stephen) |
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Filing 23
STIPULATION and Order Regarding Confidential Information by Abilene Motor Express,Inc., Robert Monroe (Berson, Alison)
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ORDER terminating #16 Motion for Discovery -- See docket entries #19 and #22 . Ordered by Magistrate Judge James Orenstein on 7/28/2017. (Miao, Tiffany)
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ORDER re #22 Letter filed by Abilene Motor Express,Inc., Robert Monroe -- The proposed order in docket entry #22 , is so ordered. Ordered by Magistrate Judge James Orenstein on 7/28/2017. (Miao, Tiffany)
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| Filing 22 Letter with Proposed Order by Abilene Motor Express,Inc., Robert Monroe (Attachments: #1 Proposed Order, #2 Exhibit A - Confidentiality Order, #3 Exhibit B - Facebook Instructions) (Berson, Alison) |
| Filing 21 NOTICE of Appearance by Paul Josef Zola on behalf of All Defendants (aty to be noticed) (Zola, Paul) |
| Filing 20 NOTICE of Appearance by Alison Michele Berson on behalf of Abilene Motor Express,Inc., Robert Monroe (notification declined or already on case) (Berson, Alison) |
| Filing 19 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Status Conference held on 7/21/2017. SCHEDULING: (1) The next status conference will be held on September 12, 2017, at 11:30 a.m. (2) A pretrial conference will be held on January 23, 2018, at 9:30 a.m. SUMMARY: The parties resolved their discovery disputes on consent; the plaintiff will promptly produce outstanding discovery responses and the will promptly submit a proposed stipulated protective order. (Orenstein, James) |
| Filing 18 NOTICE of Appearance by Nicholas Emanuel Liakas, Jr on behalf of Romulo Guzman (aty to be noticed) (Liakas, Nicholas) |
| Motions terminated, docketed incorrectly: #17 Letter MOTION for Discovery correcting Exhibit "C" filed by Abilene Motor Express,Inc. Docket Entry #17 is not a motion for discovery and should not have been filed as such; when submitting electronic filings with the court Counsel must use the appropriate event at all times. No further action is necessary; do not refile your document. (Guy, Alicia) |
| Filing 17 Letter MOTION for Discovery correcting Exhibit "C" by Abilene Motor Express,Inc.. (Attachments: #1 Exhibit Corrected Ex. "C") (Berson, Alison) |
| Filing 16 Letter MOTION for Discovery by Abilene Motor Express,Inc., Robert Monroe. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Berson, Alison) |
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ORDER re #16 Letter MOTION for Discovery filed by Abilene Motor Express,Inc., Robert Monroe -- The plaintiff is respectfully directed to respond to the defendants' letter motion, docket entry #16 , by July 11, 2017. A status conference will be held on July 21, 2017, at 11:30 a.m. Ordered by Magistrate Judge James Orenstein on 7/6/2017. (Miao, Tiffany)
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Filing 15
SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: April 25, 2017. First request for production of documents and first request for interrogatories due by: April 25, 2017. Deadline for joinder of additional parties and amendment of pleadings: June 9, 2017. Status Conference (with joint status report due two business days in advance): September 12, 2017, at 11:30 a.m. Fact discovery to be completed by: October 27, 2017. Plaintiff's expert reports to be completed by: November 27, 2017. Defendants' expert reports to be completed by: December 27, 2017. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: January 10, 2018. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): January 23, 2018, at 9:30 a.m. Dispositive motion process started by: February 6, 2018. Joint pretrial order due by: March 9, 2018. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 4/25/2017. (Orenstein, James) (Main Document 15 replaced on 5/4/2017) (Guy, Alicia).
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| Filing 14 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 4/25/2017. SCHEDULING: (1) The next status conference will be held on September 12, 2017, at 11:30 a.m. (2) A pretrial conference will be held on January 23, 2018, at 9:30 a.m. SUMMARY: The plaintiff has no procedural objection to the removal of the case to this court. I will enter a separate case management and scheduling order that reflects, with modifications discussed at today's conference, the deadlines set forth in the parties' joint discovery plan. The parties will preserve their respective mobile telephones and exchange cell phone and social media records (and, in the plaintiff's case, mobile phone application records relating to his work as a taxi driver) for the day of the accident up through the time of the pertinent police report. To the extent the parties have other disagreements as to discovery, their attorneys shall meet and confer before filing any motions for relief that may remain necessary. (Orenstein, James) (Main Document 14 replaced on 5/4/2017) (Guy, Alicia). |
| Filing 13 REPORT of Rule 26(f) Planning Meeting (Berson, Alison) |
| Filing 12 NOTICE of Appearance by Alison Michele Berson on behalf of Robert Monroe (notification declined or already on case) (Berson, Alison) |
| Filing 11 NOTICE of Appearance by Alison Michele Berson on behalf of Abilene Motor Express,Inc. (notification declined or already on case) (Berson, Alison) |
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Filing 10
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on, April 25, 2017, at 11:00 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than April 21, 2017, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 3/27/2017. (Guy, Alicia)
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ORDER re #9 Certificate of Counsel filed by Romulo Guzman --- It is ordered that the referral to arbitration in the above captioned case be vacated. Ordered by Magistrate Judge James Orenstein on 3/27/2017. (Guy, Alicia)
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| Filing 9 CERTIFICATE of Counsel Pursuant to Local Civl Rule 83.7(d)(3) by Stephen John Liakas on behalf of Romulo Guzman (Liakas, Stephen) |
| Filing 8 NOTICE Designating Case To Arbitration. This case has been designated to participate in the Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7(d) which requires the Clerk of Court to designate and process for compulsory arbitration all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs. Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7(d)(3). (Credle, Rita) |
| CASE REFERRED to Arbitration. (Credle, Rita) |
| Filing 7 Verified ANSWER to Complaint by Abilene Motor Express,Inc., Robert Monroe. (Berson, Alison) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 5 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) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge James Orenstein. 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) |
| Filing 4 DEMAND for Trial by Jury by Romulo Guzman (Liakas, Stephen) |
| Filing 3 NOTICE of Appearance by Stephen John Liakas on behalf of All Plaintiffs (aty to be noticed) (Liakas, Stephen) |
| Filing 2 CERTIFICATE OF SERVICE by Abilene Motor Express,Inc., Robert Monroe re #1 Notice of Removal, (Berson, Alison) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court Kings County, case number 502171/2017. ( Filing fee $ 400 receipt number 0207-9342263) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Summons and Complaint, #3 Exhibit B - Affidavit of Service, #4 Exhibit C - Jenkins Affidavit) (Berson, Alison) |
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