Vargas-Moya v. A. Duie Pyle, Inc. et al
| Yeyson Manuel Vargas-Moya |
| A. Duie Pyle, Inc. and Leszek Kedzierski |
| Esq. Richard Patrick Byrne |
| 1:2018cv00188 |
| January 11, 2018 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Hector Gonzalez |
| Diane Gujarati |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
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| Filing 68 NOTICE of Appearance by Gennaro Savastano on behalf of Yeyson Manuel Vargas-Moya (aty to be noticed) (Savastano, Gennaro) |
ORDER: If Plaintiff intends to move for judgment as a matter of law or for a new trial, he shall file his opening papers in support of such motion(s) on or before April 20, 2023. See Fed. R. Civ. P. 50(b), 59(b). Defendants' papers in opposition to any such motion(s) shall be filed on or before May 18, 2023, and Plaintiff's reply papers shall be filed on or before June 1, 2023. The parties' motion papers shall comply with Section IV.B of the Court's Individual Practices. The Court will be amenable to reasonable extensions of the deadlines for the parties' opposition and reply papers, but the Court does not have the authority to extend the deadline for Plaintiff's opening papers. See Fed. R. Civ. P. 6(b)(2) ("A court must not extend the time to act under Rules 50(b) and (d), 52(b), 59(b), (d), and (e), and 60(b)."). Ordered by Judge Hector Gonzalez on 3/24/2023. (BH)
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Filing 67
JUDGMENT dated March 23, 2023. Upon the jury's verdict in favor of defendants and against plaintiff, the case is dismissed on the merits, and plaintiff shall recover nothing from defendants. Ordered by Judge Hector Gonzalez on March 23, 2023. (PN)
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| Filing 66 JURY VERDICT (PN) |
| Filing 65 Court Exhibits and Jury Notes. (PN) |
| Minute Entry for proceedings held before Judge Hector Gonzalez: Jury Trial held on March 23, 2023. Stephen Kahn appeared on behalf of plaintiff, and was joined by paralegal Monica Hawkins. The plaintiff was also present. Curtis Sobel appeared on behalf of defendants. Defendant Kedzierski was also present. Sworn testimony was heard from Nicholas Post. The parties presented their closing arguments. The Court charged the jury. Jury deliberations began and were completed. The jury rendered a verdict. The Court thanked the jurors for their service, and they were dismissed. Following the dismissal of the jury, Plaintiff moved for judgment pursuant to Fed. R. Civ. P. 50(b), which the Court denied, for the reasons stated on the record. Although the Court denied Plaintiff's oral application, Plaintiff may submit a proposed briefing schedule for a written Rule 50 motion. (Court Reporter Andronikh Barna.) (PN) |
| Filing 64 NOTICE of Certificate of Certification CPLR 3122-A regarding Medical Chart for Plaintiff. (JC) |
| Minute Entry for proceedings held before Judge Hector Gonzalez: Jury Trial held on March 22, 2023. Stephen Kahn appeared on behalf of plaintiff, and was joined by paralegal Monica Hawkins. The plaintiff was also present. Curtis Sobel appeared on behalf of defendants. Defendant Kedzierski was also present. Sworn testimony was heard from Ali Sadegh. Jury Trial will continue on Wednesday, March 23, 2023, at 9:30am in Courtroom 6A South. (Court Reporter Michele Lucchese.) (PN) |
| Minute Entry for proceedings held before Judge Hector Gonzalez: Jury Trial held on March 21, 2023. Stephen Kahn appeared on behalf of plaintiff, and was joined by paralegal Monica Hawkins. The plaintiff was also present. Curtis Sobel appeared on behalf of defendants. Defendant Kedzierski was also present. Sworn testimony was heard from William Jones, Leszek Kedzierski and Yeyson Manuel Vargas-Moya. Evan Frierson served as the Spanish interpreter for Yeyson Manuel Vargas-Moya. Jury charge conference was held. Plaintiff moved for judgment pursuant to Fed. R. Civ. P. 50(a). Plaintiff's motion was denied, for the reasons stated on the record. Jury Trial will continue on Wednesday, March 22, 2023, at 9:30am in Courtroom 6A South. (Court Reporter Michele Lucchese.) (PN) |
| Minute Entry for proceedings held before Judge Hector Gonzalez: Jury Selection and Trial held on March 20, 2023. Stephen Kahn appeared on behalf of plaintiff, and was joined by paralegal Monica Hawkins. The plaintiff was also present. Curtis Sobel appeared on behalf of defendants. Defendant Kedzierski was also present. Jury Selection and voir dire held and completed. Jury sworn. Counsel for Plaintiff and Defendants provided opening statements. Sworn testimony was heard from Vadim Lerman. Jury Trial will continue on Tuesday, March 21, 2023, at 9:30am in Courtroom 6A South. (Court Reporter Michele Lucchese.) (PN) |
| Minute Entry for proceedings held before Judge Hector Gonzalez: Pretrial conference held on March 14, 2023. Stephen Khan appeared on behalf of Plaintiff. Curtis Sobel appeared on behalf of Defendants. The parties informed the Court that one of their witnesses may not be available to be present during trial, but raised the possibility of having them appear virtually. The Court informed the parties of its preference to have the witness appear in person, and directed the parties to confer regarding the witness's availability and how they wish to proceed in the event said witness cannot be present during trial. If the witness cannot appear in person, the parties shall make the Court aware of this prior to the commencement of trial. The Court discussed the anticipated procedure for jury selection and various logistical matters regarding the trial. The parties shall provide the Court with a copy of their trial exhibits in electronic format, on a USB drive, no later than March 17, 2023. (Court Reporter Andronikh Barna.) (PN) |
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ORDER: In response to the letter from Plaintiff's counsel, see ECF No. #63 , the Court relieves Plaintiff's attorney Albert Kim of any obligation to attend the upcoming pretrial conference, based on his representation that his co-counsel is available and intends to attend the conference and will be fully prepared to discuss the case. Ordered by Judge Hector Gonzalez on 3/8/2023. (BH)
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| Filing 63 Letter Requesting to Be Excused from the Upcoming Pretrial Conference by Yeyson Manuel Vargas-Moya (Kim, Albert) |
| Filing 62 Witness List by A. Duie Pyle, Inc., Leszek Kedzierski (Sobel, Curtis) |
| Filing 61 Proposed Voir Dire by A. Duie Pyle, Inc., Leszek Kedzierski (Sobel, Curtis) |
| Filing 60 Proposed Jury Instructions/Verdict Form by A. Duie Pyle, Inc., Leszek Kedzierski (Attachments: #1 Proposed Verdict Sheet Defendants' Jury Verdict Sheet) (Sobel, Curtis) |
| Filing 59 RESPONSE to Motion re #54 MOTION to Amend/Correct/Supplement #31 Proposed Pretrial Order, filed by A. Duie Pyle, Inc., Leszek Kedzierski. (Sobel, Curtis) |
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ORDER: In light of Defendants' non-opposition, see ECF No. #59 , the Court grants Plaintiff's motion to amend the parties' pretrial order to add Police Officer William A. Jones as a witness that Plaintiff expects to call at trial. See ECF No. #54 . Ordered by Judge Hector Gonzalez on 2/17/2023. (BH)
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SCHEDULING ORDER: Since the Court has already ruled on the parties' motions in limine, the Court adjourns the pretrial conference currently scheduled for February 24, 2023. Counsel for the parties shall appear in person for a pretrial conference at 11:00am on March 14, 2023, in Courtroom 6A South, at 225 Cadman Plaza East, Brooklyn, New York 11201.Counsel shall be fully prepared to discuss during that conference all matters related to trial, including any topics raised in the parties' proposed pretrial order, proposed jury instructions, and proposed voir dire. See ECF Nos. #30 , #55 , #56 , #60 , #61 . If the parties wish to discuss any issues during the pretrial conference not raised in those submissions, they shall file a joint letter no later than March 7, 2023, identifying those issues and describing each party's respective positions on each issue. Ordered by Judge Hector Gonzalez on 2/17/2023. (BH)
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| Filing 58 NOTICE of Appearance by Stephen B. Kahn on behalf of All Plaintiffs (aty to be noticed) (Kahn, Stephen) |
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ORDER: The Court has received Plaintiff's letter requesting permission to amend the parties' proposed pretrial order. See ECF No. #54 . Defendants shall file a letter no longer than three pages on or before February 22, 2023, indicating whether they oppose the relief requested in Plaintiff's letter and, if they oppose, providing legal authority supporting the basis for their opposition. The Court will likely take Plaintiff's request under consideration without further submissions from the parties and will likely do so even if Defendants fail timely to file a responsive letter. Ordered by Judge Hector Gonzalez on 2/16/2023. (BH)
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| Filing 57 Witness List by Yeyson Manuel Vargas-Moya (Kim, Albert) |
| Filing 56 Proposed Voir Dire by Yeyson Manuel Vargas-Moya (Kim, Albert) |
| Filing 55 Proposed Jury Instructions/Verdict Form by Yeyson Manuel Vargas-Moya (Attachments: #1 Proposed Verdict Sheet Plaintiff's Proposed Verdict Sheet) (Kim, Albert) |
| Filing 54 MOTION to Amend/Correct/Supplement #31 Proposed Pretrial Order, by Yeyson Manuel Vargas-Moya. (Attachments: #1 Exhibit A - Police Accident Report, #2 Exhibit B - JPTO) (Kim, Albert) |
| Filing 53 NOTICE of Appearance by David Martin Goldman on behalf of A. Duie Pyle, Inc., Leszek Kedzierski (aty to be noticed) (Goldman, David) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 2/15/2023 (AT&T Log#: 10:06-10:10.) (IK) |
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ORDER: The Court held a telephone conference in this matter on February 15, 2023. The Court has held eight conferences to try to lead the parties to settlement. Unfortunately, there is no resolution in sight. The parties shall prepare for trial in accordance with Judge Gonzalez's December 8, 2022 order. Ordered by Magistrate Judge Lois Bloom on 2/15/2023. (IK)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 2/9/2023 (AT&T Log #:9:32 - 9:38). (IK) |
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ORDER: The Court held a telephone conference in this matter on February 9, 2023. The Court shall hold another telephone conference on February 15, 2023 at 10:00 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 10:00 a.m. on February 15, 2023. Ordered by Magistrate Judge Lois Bloom on 2/9/2023. (IK)
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Filing 52
ORDER: For the reasons set forth in the accompanying Order, the Court DENIES Defendants' motion in limine, see ECF No. #49 , in its entirety. Plaintiff's medical experts, Dr. Lerman and Dr. Reyfman, will be permitted to testify at trial on the topics identified in their expert disclosures, including Plaintiff's supplemental pretrial disclosures. Ordered by Judge Hector Gonzalez on 2/8/2023. (BH)
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ORDER: The Court held a telephone conference in this matter on February 2, 2023. The Court shall hold another telephone conference on February 9, 2023 at 9:30 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 9:30 a.m. on February 9, 2023. Ordered by Magistrate Judge Lois Bloom on 2/2/2023. (IK)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 2/2/2023 (AT&T Log #: 1:34 1:38). (IK) |
| Filing 51 MEMORANDUM in Opposition re #50 Memorandum in Support, #49 MOTION in Limine to preclude filed by Yeyson Manuel Vargas-Moya. (Attachments: #1 Declaration Declaration in Opposition, #2 Exhibit A - Dr. Lerman Expert Exchange 26(a)(2)(C), #3 Exhibit B - Dr. Leonid Reyfman Exchange 26(a)(2)(C), #4 Exhibit C - Dr. Lerman 07.13.2016 record, #5 Exhibit D - Dr. Lerman Supplemental Expert Exchange, #6 Exhibit E - Dr. Lerman 08.15.2016 record, #7 Exhibit F - MRI of Cervical Spine, #8 Exhibit G - Plaintiff's Rule 26 Initial Disclosure) (Kim, Albert) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 1/26/2023 (AT&T Log #: 9:23-9:33). (IK) |
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ORDER: The Court held a telephone conference in this matter on January 26, 2023. The Court shall hold another telephone conference on February 2, 2023 at 1:30 p.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 1:30 p.m. on February 2, 2023. Ordered by Magistrate Judge Lois Bloom on 1/26/2023. (IK)
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| Filing 50 MEMORANDUM in Support re #49 MOTION in Limine to preclude filed by A. Duie Pyle, Inc., Leszek Kedzierski. (Attachments: #1 Declaration of Service - AOS & Legal Back) (Sobel, Curtis) |
| Filing 49 MOTION in Limine to preclude by A. Duie Pyle, Inc., Leszek Kedzierski. (Attachments: #1 Affidavit in Support Defs' Declaration in Support of Motion in Limine to Exclude Testimony, #2 Exhibit Exhibit A - Hon. Orenstein Amended Case Mgmt Plan & Scheduling Order 12/5/18, #3 Exhibit Exhibit B - Plt Expert Witness Disclosure - Dr. Lerman 3/5/19, #4 Exhibit Exhibit C - Plt Expert Witness Disclosure - Dr. Reyfman 3/5/19, #5 Exhibit Exhibit D - Defs Expert Witness Disclosures - Drs Dermksian, Post & Sadegh 3/5/19, #6 Exhibit Exhibit E - Plt Supp Expert Witness Disclosure - Dr. Lerman 1/4/23, #7 Exhibit Exhibit F - Defs Rejection Ltr re. Plt Supp Expert Exchange - Dr. Lerman 1/13/23, #8 Affidavit of Service Declaration of Service & Legal Back) (Sobel, Curtis) |
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ORDER: The Court held a telephone conference in this matter on January 18, 2023. The Court shall hold another telephone conference on January 26, 2023 at 9:15 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 9:15 a.m. on January 26, 2023. Ordered by Magistrate Judge Lois Bloom on 1/18/2023. (IK)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 1/18/2023 (AT&T Log #: 11:02-11:11). (IK) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 1/13/2023 (AT&T Log #: 10:38-10:44). (IK) |
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ORDER: The Court held a telephone conference in this matter on January 13, 2023. The Court shall hold another telephone conference on January 18, 2023 at 11:00 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 11:00 a.m. on January 18, 2023. Ordered by Magistrate Judge Lois Bloom on 1/10/2023. Ordered by Magistrate Judge Lois Bloom on 1/13/2023. (IK)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 1/10/2023 (AT&T Log #: 10:02-10:12). (IK) |
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ORDER: The Court held a telephone conference in this matter on January 10, 2023. The Court shall hold another telephone conference on January 13, 2023 at 10:30 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 10:30 a.m. on January 10, 2023. Ordered by Magistrate Judge Lois Bloom on 1/10/2023. (IK)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 1/4/2023 (AT&T Log #: 10:31-10:42). (IK) |
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ORDER: The Court held a telephone conference in this matter on January 4, 2023. The Court shall hold another telephone conference on January 10, 2023 at 10:00 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 10:00 a.m. on January 10, 2023. Ordered by Magistrate Judge Lois Bloom on 1/4/2023. (IK)
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| Filing 48 MOTION to Appear by Telephone/Video for Conference on 12/27/22 by A. Duie Pyle, Inc., Leszek Kedzierski. (Sobel, Curtis) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Status Conference held on 12/27/2022 (AT&T Log#: 11:40-11:52). (IK) |
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ORDER: Defendants request, with plaintiff's consent, that the Court hold the conference scheduled for 11:30 a.m. today by telephone. ECF No. #48 . The request is granted. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 11:30 a.m. today, December 27, 2022. Ordered by Magistrate Judge Lois Bloom on 12/27/2022. (IK)
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ORDER: The Court held a telephone conference in this matter on December 27, 2022 and reiterated the deadlines set by Judge Gonzalez. The motion for an extension of the deadline to complete mediation, ECF No. #46 , is denied. The Court shall hold another telephone conference on January 4, 2023 at 10:30 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 10:30 a.m. on January 4, 2023. Ordered by Magistrate Judge Lois Bloom on 12/27/2022. (IK)
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ORDER: Due to a change in the Court's calendar, the conference in this matter scheduled for December 27, 2022 at noon is rescheduled to December 27, 2022 at 11:30 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Ordered by Magistrate Judge Lois Bloom on 12/21/2022. (IK)
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| Filing 47 MOTION to Adjourn Conference on December 15, 2022 by A. Duie Pyle, Inc., Leszek Kedzierski. (Sobel, Curtis) |
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ORDER: Defendants request, with plaintiff's consent, an adjournment of the conference scheduled for December 15, 2022 because defendants' counsel will be out of the country. ECF No. 47. Although the request was not filed seventy-two (72) hours before the conference, the request is granted. The Court shall hold a conference in this matter on December 27, 2022 at noon in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Ordered by Magistrate Judge Lois Bloom on 12/14/2022. (IK)
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ORDER: The Court has scheduled a trial date for this case. Jury selection will begin on March 20, 2023, before Judge Hector Gonzalez, and the presentation of evidence will begin as soon as a jury has been selected. Counsel for the parties shall appear in person for a pretrial conference at 2:00pm on February 24, 2023, in Courtroom 6A South.The parties shall file any motions in limine on or before January 20, 2023, and shall file any oppositions to those motions in limine on or before February 3, 2023. The parties shall file on or before February 17, 2023, their proposed preliminary and final jury instructions, verdict sheets, and any proposed voir dire questions for jurors. The parties shall also file, on or before February 17, 2023, for the Court's use during jury selection, an updated list of witnesses each party plans to call, along with the names of people, entities, and places that the parties anticipate they and their witnesses will discuss during the trial.The Court will not extend the deadlines in this Order in the absence of unusual circumstances demonstrating good cause. Ordered by Judge Hector Gonzalez on 12/8/2022. (BH)
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| Filing 46 Sixth MOTION for Extension of Time to Complete Discovery Complete ADR Mediation by A. Duie Pyle, Inc., Leszek Kedzierski. (Sobel, Curtis) |
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ORDER: The parties request an extension of time to complete mediation for the sixth time. ECF No. #46 . The Court shall hold a conference in this matter on December 15, 2022 at 2:45 p.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The Court will address the parties' request at the conference. Ordered by Magistrate Judge Lois Bloom on 12/7/2022. (IK)
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ORDER: The parties request an extension of time to engage in mediation. ECF No. 45. The request is granted. The parties shall complete the mediation by December 2, 2022 and file a status letter by December 7, 2022. Ordered by Magistrate Judge Lois Bloom on 10/4/2022. (IK)
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| Filing 45 Fourth MOTION to Continue ADR Mediation by A. Duie Pyle, Inc., Leszek Kedzierski. (Sobel, Curtis) |
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ORDER: The parties request an extension of time to engage in mediation. ECF No. 44. The request is granted. The parties shall complete the mediation by October 3, 2022 and file a status letter by October 7, 2022. Ordered by Magistrate Judge Lois Bloom on 8/19/2022. (Kaplan, Isaac)
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| Filing 44 Letter Joint Mediation Status with request for extension of time by A. Duie Pyle, Inc., Leszek Kedzierski (Sobel, Curtis) |
| Case Reassigned to Judge Hector Gonzalez. Judge Diane Gujarati 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) |
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ORDER: The parties request an extension of time to engage in mediation. ECF No. #43 . The request is granted. The parties shall complete the mediation by August 11, 2022 and file a status letter by August 18, 2022. Ordered by Magistrate Judge Lois Bloom on 5/11/2022. (Rein, Gilbert)
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| Filing 43 Third MOTION for Extension of Time to Complete Discovery Conduct Court's ADR Mediation by A. Duie Pyle, Inc., Leszek Kedzierski. (Sobel, Curtis) |
| REPORT of Mediation continued. The mediation will take place on May 12, 2022 at 8:00am. Report of Mediation due by 5/26/2022. (Weinstein, Robyn) |
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ORDER: The parties request an extension of time to engage in mediation. ECF No. #42 . The request is granted. The parties shall complete the mediation by May 25, 2022 and file a letter regarding the status of mediation by June 3, 2022. Ordered by Magistrate Judge Lois Bloom on 4/25/2022. (Rein, Gilbert)
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| Filing 42 MOTION to Continue ADR Mediation by A. Duie Pyle, Inc., Leszek Kedzierski. (Sobel, Curtis) |
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ORDER: The parties request an extension of time to complete a mediation. ECF No. #41 . The request is granted. The parties shall complete the mediation by April 14, 2022 and file a letter regarding the status of mediation by April 21, 2022. Ordered by Magistrate Judge Lois Bloom on 2/25/2022. (Rein, Gilbert)
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| Filing 41 Letter MOTION for Extension of Time to Complete Discovery Conduct Court's ADR Mediation by A. Duie Pyle, Inc., Leszek Kedzierski. (Sobel, Curtis) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 1/27/2022. (AT&T Log #10:44-11:00.) (Rein, Gilbert) |
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ORDER: The Court held a telephone conference in plaintiff's diversity personal injury case on January 27, 2022. The Court hereby refers the instant action to Court annexed mediation. The parties are directed to contact Robyn Weinstein, the Court's ADR Administrator, at (718) 613-2578. The mediation must be completed by February 28, 2022. The parties shall file a letter regarding the status of mediation by March 7, 2022. The parties were advised that they can consent to trial before a Magistrate Judge in this matter. If the parties consent, they shall file a form AO 85, "Notice, Consent and Reference of a Civil Action to a Magistrate Judge." The fillable consent form must be signed by all parties and filed electronically. Ordered by Magistrate Judge Lois Bloom on 1/27/2022. (Rein, Gilbert)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (Priftakis, Tina) |
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ORDER: Defendants request, with plaintiff's consent, to adjourn the status telephone conference scheduled for today due to a loss in counsel's family. ECF Nos. #39 - #40 . The request is granted with the Court's condolences. The Court shall hold a telephone conference on January 27, 2022 at 10:30 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 10:30 a.m. on January 27, 2022. 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 1/6/2022. (Rein, Gilbert)
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| Filing 40 Letter re: Defendants' Request to Adjourn Conference by Yeyson Manuel Vargas-Moya (Kim, Albert) |
| Filing 39 First MOTION to Adjourn Conference on January 6, 2022 by A. Duie Pyle, Inc., Leszek Kedzierski. (Sobel, Curtis) |
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ORDER: It has been reported that this case did not settle after a mediation. The Court shall hold a telephone conference on January 6, 2022 at 3:30 p.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 3:30 p.m. on January 6, 2022. 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 12/21/2021. (Rein, Gilbert)
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| REPORT of Mediation unsettled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session.Mediation Report due by 11/17/2021. (Weinstein, Robyn) |
| REPORT of Mediation rescheduled. The mediation will now take place on October 26, 2021.Report of Mediation due by 11/9/2021. (Weinstein, Robyn) |
| SELECTION OF MEDIATOR: Richard Patrick Byrne selected as Mediator. The first mediation session will take place on September 2, 2021. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Report of Mediation due by 9/16/2021. (Priftakis, Tina) |
| Filing 38 NOTICE by Yeyson Manuel Vargas-Moya of Withdrawal of Counsel (Marron, Michael) |
| Filing 37 NOTICE of Appearance by Albert K Kim on behalf of Yeyson Manuel Vargas-Moya (aty to be noticed) (Kim, Albert) |
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ORDER: The parties request an extension of time to select a mediator and to complete the mediation. ECF No. #36 . The request is granted. The parties shall select a mediator by July 1, 2021 and complete the mediation by October 1, 2021. Ordered by Magistrate Judge Lois Bloom on 6/21/2021. (Rein, Gilbert)
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| Filing 36 Joint MOTION for Extension of Time to File Notification of Selection of Mediator and Conduct Mediation by Yeyson Manuel Vargas-Moya. (Marron, Michael) |
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Filing 35
ORDER granting #34 Motion to Substitute Attorney. Attorney Joseph S Fritzson terminated. Endorsed on doc #34 . So Ordered by Magistrate Judge Lois Bloom on 6/9/2021. (Rein, Gilbert)
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| Filing 34 MOTION to Substitute Attorney by A. Duie Pyle, Inc., Leszek Kedzierski. (Attachments: #1 Declaration Declaration in Support for Removal of Counsel) (Pevzner, Bella) |
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ORDER REFERRING CASE to Mediation -- Plaintiffs have demanded a jury trial in this civil matter. Administrative Order 2021-4-1, dated March 20, 2021, provides that all trials will be scheduled pursuant to the Eastern District of New York's protocol for scheduling trials by order of the assigned judge after consultation with the Trial Committee and that scheduling priority will be given to criminal trials with in-custody defendants to the greatest extent possible, with consideration also given to the length of time that cases have been pending. In light of this Administrative Order, the Court does not anticipate that a civil jury trial can be scheduled in this matter soon. Accordingly, this case is referred to the Trial Ready Rapid Mediation Program. For assistance with any questions about the mediation process or the selection of a mediator, counsel should contact EDNY ADR Administrator Robyn Weinstein at (718) 613-2578. Selection of Mediator due by June 17, 2021. The mediation shall be completed by September 17, 2021. The parties are reminded that they may consent to a bench trial, including one before the assigned magistrate judge, pursuant to Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1. Ordered by Judge Diane Gujarati on 5/18/2021. (Almonte, Kelly)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
| Case Reassigned to Judge Diane Gujarati. 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) |
| Filing 33 NOTICE of Appearance by Curtis Sobel on behalf of All Defendants (aty to be noticed) (Sobel, Curtis) |
| Filing 32 Letter Joint Status Letter to the Court by A. Duie Pyle, Inc., Leszek Kedzierski (Sobel, Curtis) |
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ORDER: This case was reassigned to me on November 10, 2020. Discovery closed on March 5, 2019 and Judge Orenstein held a settlement conference on March 29, 2019. The parties shall file a status letter by December 7, 2020 addressing what efforts have been made toward resolution of this matter since the close of discovery and whether they believe another settlement conference would be productive. Ordered by Magistrate Judge Lois Bloom on 11/24/2020. (Rein, Gilbert)
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| Case Reassigned to Magistrate Judge Lois Bloom. Magistrate Judge James Orenstein 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) |
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Order Certifying Discovery is complete -- Discovery is closed. The parties have submitted a proposed joint pretrial order that substantially complies with the individual practice requirements of the Honorable Roslynn R. Mauskopf, Chief United States District Judge. I therefore deem the action to be ready for trial, on a date to be set by Chief Judge Mauskopf, without prejudice to any pending or anticipated motion for dispositive relief. Ordered by Magistrate Judge James Orenstein on 5/4/2020. (Gutmann, Joseph)
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| Filing 31 Proposed Pretrial Order (Joint) by Yeyson Manuel Vargas-Moya (Attachments: #1 Appendix Plaintiff's Exhibit List, #2 Plaintiff's Designation of Deposition Testimony, #3 Defendants' Exhibit List, #4 Defendants' Index of Plaintiff's Deposition Transcript, #5 Defendants' Index of Defendants' Deposition Transcript, #6 Defendants' Index of Expert Dr. Sadegh's Deposition Transcript) (Marron, Michael) |
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ORDER re #30 Proposed Pretrial Order -- I respectfully direct the parties to refile their joint pretrial order by May 1, 2020 with an additional section regarding designation of deposition testimony as set forth in Chief Judge Mauskopf's individual practice requirements. Ordered by Magistrate Judge James Orenstein on 4/23/2020. (Gutmann, Joseph)
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| Filing 30 Proposed Pretrial Order (Joint) by Yeyson Manuel Vargas-Moya (Attachments: #1 Appendix Plaintiff's Exhibit List, #2 Appendix Defendants' Exhibit List) (Marron, Michael) |
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ORDER: The parties' joint request for an extension of time to file the pretrial order, #29 , is granted. The joint pretrial order shall be filed on or before April 17, 2020. Ordered by Chief Judge Roslynn R. Mauskopf on 3/18/2020. (Walchak, David)
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| Filing 29 Sixth MOTION for Extension of Time to File Joint Pretrial Order by Yeyson Manuel Vargas-Moya. (Marron, Michael) |
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ORDER: The parties' joint request for an extension of time to file the pretrial order, #28 , is granted. The joint pretrial order shall be filed on or before March 18, 2020. Ordered by Chief Judge Roslynn R. Mauskopf on 2/18/2020. (Walchak, David)
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| Filing 28 Fifth MOTION for Extension of Time to File Joint Pretrial Order by Yeyson Manuel Vargas-Moya. (Marron, Michael) |
| Filing 27 NOTICE of Appearance by Michael Scott Marron on behalf of Yeyson Manuel Vargas-Moya (aty to be noticed) (Marron, Michael) |
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ORDER: The parties' joint request for an extension of time to file the pretrial order, #26 , is granted. The parties' pretrial order shall be filed on or before February 18, 2020. Ordered by Judge Roslynn R. Mauskopf on 11/18/2019. (Walchak, David)
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| Filing 26 Fourth MOTION for Extension of Time to Complete Discovery Fourth Letter Motion to Extend Time to File the Pre-Trial Order by A. Duie Pyle, Inc., Leszek Kedzierski. (Fritzson, Joseph) |
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ORDER: The parties' joint request for an extension of time to file the joint pretrial order (Doc. No. #25 ) is granted. The parties' joint pretrial order shall be filed on or before November 18, 2019. Ordered by Judge Roslynn R. Mauskopf on 9/9/2019. (Walchak, David)
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| Filing 25 Joint MOTION for Extension of Time to File Joint Pretrial Order by Yeyson Manuel Vargas-Moya. (Solinsky, Daniel) |
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ORDER: The parties' joint request for an extension of time ( #24 ) is granted. The joint pretrial order shall be filed on or before September 18, 2019. Ordered by Judge Roslynn R. Mauskopf on 6/13/2019. (Pettig, Bruce)
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| Filing 24 Joint MOTION for Extension of Time to File Joint Pretrial Order by Yeyson Manuel Vargas-Moya. (Solinsky, Daniel) |
| Filing 23 NOTICE of Appearance by Daniel Justus Solinsky on behalf of Yeyson Manuel Vargas-Moya (aty to be noticed) (Solinsky, Daniel) |
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ORDER: The parties' joint request for an extension of time ( #22 ) is granted. The joint pretrial order shall be filed on or before June 12, 2019, and shall comply with this Courts Individual Rule V.A. Ordered by Judge Roslynn R. Mauskopf on 4/19/2019. (Pettig, Bruce)
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| Filing 22 First MOTION for Extension of Time to Complete Discovery Pretrial Order, Extension of Time to File by A. Duie Pyle, Inc., Leszek Kedzierski. (Fritzson, Joseph) |
| Filing 21 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Interim Pretrial Conference held on 3/20/2019, Settlement Conference held on 3/20/2019. Discovery is closed and the parties have no disputes, though they will continue to provide responses to outstanding requests for information on a voluntary basis notwithstanding the close of the formal discovery period. No party anticipates filing a motion for summary judgment. The parties are unable to settle the case now and will contact chambers to schedule a settlement conference if and when they agree it would be useful to do so. Upon the parties' submission of a joint pretrial order that fully complies with #Judge Mauskopf's individual practice requirements, due no later than April 23, 2019, I will certify that the case is ready for trial. (Orenstein, James) |
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ORDER denying #20 Motion for Extension of Time to Complete Discovery -- The plaintiff has not made a showing of extraordinary circumstances justifying either the request for further delay or the untimeliness of the request. I therefore deny the motion. Ordered by Magistrate Judge James Orenstein on 3/6/2019. (Roantree, Bronwyn)
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| Filing 20 Third MOTION for Extension of Time to Complete Discovery by Yeyson Manuel Vargas-Moya. (Jodre, Jordan) |
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Filing 19
AMENDED SCHEDULING ORDER: All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: March 5, 2019. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): March 20, 2019. Dispositive motion process started by: April 2, 2019. Joint pretrial order due by: April 23, 2019. 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 the most compelling and unforeseeable of extraordinary circumstances. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 12/5/2018. (Roantree, Bronwyn)
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ORDER granting #18 Motion for Extension of Time to Complete Discovery -- The application is granted. I will enter a separate amended scheduling order reflecting the new deadlines. Ordered by Magistrate Judge James Orenstein on 12/5/2018. (Roantree, Bronwyn)
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| Filing 18 Second MOTION for Extension of Time to Complete Discovery by Yeyson Manuel Vargas-Moya. (Jodre, Jordan) |
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Filing 17
AMENDED SCHEDULING ORDER: Fact discovery to be completed by: November 27, 2018. Plaintiff's expert reports to be completed by: January 7, 2019. Defendants' expert reports to be completed by: February 5, 2019. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: February 5, 2019. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): February 20, 2019, 9:30 a.m. Dispositive motion process started by: March 8, 2019. Joint pretrial order due by: March 29, 2019. 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 the most compelling and unforeseeable of extraordinary circumstances. SEE ATTACHED ORDEROrdered by Magistrate Judge James Orenstein on 8/20/2018. (Drake, Shaw)
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Filing 16
ORDER granting #15 Motion for Extension of Time to Complete Discovery -- The application is granted. I will enter a separate amended scheduling order reflecting the new deadlines. Ordered by Magistrate Judge James Orenstein on 8/20/2018. (Drake, Shaw)
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| Filing 15 First MOTION for Extension of Time to Complete Discovery on Consent and Jointly by both parties by A. Duie Pyle, Inc., Leszek Kedzierski. (Fritzson, Joseph) |
| Filing 14 Letter Joint Status Report by A. Duie Pyle, Inc., Leszek Kedzierski (Fritzson, Joseph) |
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ORDER re #14 Letter -- The application is granted and the conference previously scheduled for July 19, 2018 is cancelled. Pursuant to the Case Management and Scheduling Order dated February 21, 2018, docket entry #13 , I assume that the parties' application is predicated on their agreement that discovery will be completed by the current deadline of November 30, 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 7/18/2018. (Drake, Shaw)
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Filing 13
SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: February 21, 2018. First request for production of documents and first request for interrogatories due by: March 30, 2018. Deadline for joinder of additional parties and amendment of pleadings: May 15, 2018. Status Conference (with joint status report due two business days in advance): July 19, 2018, at 9:30 a.m. Fact discovery to be completed by: September 26, 2018. Plaintiff's expert reports to be completed by: October 31, 2018. Defendants' expert reports to be completed by: November 30, 2018. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: November 30, 2018. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): December 12, 2018, at 9:30 a.m. Dispositive motion process started by: December 28, 2018. Joint pretrial order due by: January 30, 2019. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 2/21/2018. (Orenstein, James)
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| Filing 12 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 2/21/2018. SCHEDULING: (1) The next status conference will be held on July 19, 2018, at 9:30 a.m. (2) A pretrial conference will be held on December 12, 2018, at 9:30 a.m. SUMMARY: The plaintiff has no procedural objections to the removal of the case to this court, but will conduct further investigation into the existence of complete diversity of citizenship as of the time of removal. I will enter a separate case management and scheduling order that reflects, with minor modifications, the deadlines set forth in the parties' joint discovery plan. (Orenstein, James) |
| Filing 11 NOTICE of Appearance by Jordan Adam Jodre on behalf of Yeyson Manuel Vargas-Moya (aty to be noticed) (Jodre, Jordan) |
| Filing 10 Proposed Scheduling Order Initial Conference Questionnaire by A. Duie Pyle, Inc., Leszek Kedzierski (Fritzson, Joseph) |
| Filing 9 NOTICE of Appearance by Jeffrey Brian Bromfeld on behalf of Yeyson Manuel Vargas-Moya (aty to be noticed) (Bromfeld, Jeffrey) |
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Filing 8
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on, February 21, 2018, at 11:00 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than February 16, 2018, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. Each party's counsel must be personally prepared to discuss all factual and legal issues in the case, including the possibility of settlement; otherwise, the client must attend in person as well. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 1/22/2018. (Guy, Alicia)
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| Filing 7 NOTICE of Appearance by Bella Pevzner on behalf of A. Duie Pyle, Inc., Leszek Kedzierski (notification declined or already on case) (Pevzner, Bella) |
| Filing 6 NOTICE of Appearance by Joseph S Fritzson on behalf of A. Duie Pyle, Inc., Leszek Kedzierski (aty to be noticed) (Fritzson, Joseph) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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. (Bowens, Priscilla) |
| Case assigned to Judge Roslynn R. Mauskopf 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. (Bowens, Priscilla) |
| Filing 3 Civil Cover Sheet.. Re #1 Notice of Removal, by A. Duie Pyle, Inc., Leszek Kedzierski (Pevzner, Bella) |
| Filing 2 Corporate Disclosure Statement by A. Duie Pyle, Inc. (Pevzner, Bella) |
| Filing 1 NOTICE OF REMOVAL by A. Duie Pyle, Inc., Leszek Kedzierski from Supreme Court of Kings County, case number 501211/2017. ( Filing fee $ 400 receipt number 0207-10109236) (Attachments: #1 Exhibit NYS Department of State - Division of Corporations, #2 Exhibit MVA Report, #3 Exhibit Response to Notice to Admit, #4 Exhibit Notice to Admit, #5 Exhibit Summons & Complaint, #6 Exhibit Verified Answer & Demands) (Pevzner, Bella) |
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