Hernandez v. United States Postal Service et al
| Junior Hernandez |
| Amanda Ashley Hardy and United States Postal Service |
| 1:2018cv06488 |
| November 14, 2018 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Marcia M Henry |
| Sterling Johnson |
| Robert M Levy |
| Motor Vehicle |
| 28 U.S.C. § 1331 Fed. Question: Auto Negligence |
| None |
Docket Report
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This docket was last retrieved on June 15, 2022. A more recent docket listing may be available from PACER.
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ORDER DISMISSING CASE -- As stipulated and agreed by and between the parties in the #36 STIPULATION of Dismissal filed on May 25, 2022, this action is hereby dismissed with prejudice, without costs, expenses, or fees. The Clerk of Court is directed to close this case. Ordered by Judge Diane Gujarati on 6/15/2022. (Almonte, Kelly)
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| Filing 37 Letter responding to the Court's Order dated June 6, 2022 by Amanda Ashley Hardy, United States Postal Service (Cooper, David) |
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ORDER re #36 -- Although the #36 STIPULATION of Dismissal was purportedly filed by Defendant Hardy and the docket indicates that Defendant Hardy remains a party to this action, the Amended Complaint does not name Defendant Hardy as a party. Accordingly, the parties are directed to file a joint status letter by June 13, 2022 informing the Court whether Defendant Hardy remains a party to this action. Ordered by Judge Diane Gujarati on 6/7/2022.
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| Filing 36 STIPULATION of Dismissal with prejudice by Amanda Ashley Hardy, United States Postal Service (Cooper, David) |
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MINUTE ENTRY AND ORDER: A video settlement conference was held on 04/25/2022 before Magistrate Judge Marcia M. Henry. Pro se Plaintiff Junior Hernandez appeared. AUSA David Cooper appeared on behalf of the Defendants with Maureen Briody, representative for the United States Postal Service. The case was settled. The parties shall file a Stipulation of Dismissal or joint status report by 05/25/2022. A copy of this order will be mailed to the pro se Plaintiff. So Ordered by Magistrate Judge Marcia M. Henry on 04/25/2022. (Zoom Log # 10:14AM-11:49AM) (Castro, Ricardo)
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ORDER GRANTING #35 Consent MOTION to Adjourn Conference. The video settlement conference originally scheduled for 04/21/2022 at 3:00PM is adjourned 04/25/2022 at 10:00AM before Magistrate Judge Marcia M. Henry. All parties, including Plaintiff, a representative for the defense with full settlement authority, and counsel shall attend. The parties shall submit their confidential ex parte settlement letters to henry_chambers@nyed.uscourts.gov no later than 04/18/2022. The letters shall be no more than two pages and must state each party's assessment of the settlement value of the case and explain the reasons for their assessment. With their submissions, the parties must also provide email addresses and phone numbers for counsel and clients to the Court so that the Court may connect the parties to a video conference. The parties shall review Section II.C. (Settlement Conferences) of this Court's Individual Practice Rules in preparation for the conference (available at #https://www.nyed.uscourts.gov/pub/rules/MMH-MLR.pdf ). Any requests to adjourn the settlement conference shall be filed on ECF by 04/18/2022 b>. (Castro, Ricardo)
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| Filing 35 Consent MOTION to Adjourn Conference currently scheduled for April 21, 2022 at 3:00 p.m. and, for the reasons set forth within, respectfully proposes the following dates: April 25, 2022 or on the morning of April 28, 2022 by United States Postal Service. (Cooper, David) |
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RESCHEDULING ORDER: Due to an unforeseen change in the Court's calendar, the video settlement conference originally scheduled for 03/24/2022 at 3:00PM is adjourned to 04/21/2022 at 3:00PM before Magistrate Judge Marcia M. Henry. All parties, including Plaintiff, a representative for the defense with full settlement authority, and counsel shall attend. A copy of this Order will be mailed to the pro se Plaintiff. So Ordered by Magistrate Judge Marcia M. Henry on 03/18/2022. (Castro, Ricardo)
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| Filing 34 NOTICE of Change of Email filed by Junior Hernandez. (Herrera, Isaiah) |
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Attorney Michael Zisser terminated.So Ordered by Magistrate Judge Marcia M. Henry on 2/16/2022. (Castro, Ricardo)
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Order granting #31 Motion to Withdraw as Attorney. Attorneys Jason Marc Rubin and Michael Zisser request to withdraw as counsel for Plaintiff Junior Hernandez pursuant to Local Civil Rule 1.4. (ECF [31-2] at 1). The decision to "to grant or deny a motion to withdraw as counsel falls to the sound discretion of the trial court." Omar v. 1 Front St. Grimaldi, Inc., No. 16-CV-5824 (LDH)(CLP), 2019 WL 1320331, at *2 (E.D.N.Y. Mar. 22, 2019) (internal quotations omitted). Plaintiff's counsel provides three sufficient grounds to grant the motion. First, Plaintiff's counsel reports that Plaintiff no longer trusts counsel. (ECF No. [31-2] at 2); see Farmer v. Hyde Your Eyes Optical, Inc., 60 F. Supp. 3d 441, 445 (S.D.N.Y. 2014) ("[A] lawyer may seek to withdraw when the client renders it unreasonably difficult for the lawyer to carry out such employment effectively.") The text messages between counsel and Plaintiff (submitted in camera) and the statements in counsel's affidavit support a finding that Plaintiff no longer believes counsel is acting in his best interests. (See Affidavit, ECF No. [31-1] at 5 n.2.) Second, counsel describes a breakdown in attorney-client communications, which is further supported by the tone and language in the text messages and Plaintiff's and counsel's responses to this Court's questions over several status conferences. (See 10/14/2021 Minute Entry & Order; 02/08/2022 Minute Entry and Order; ECF No. [31-2] at 2); Ashmore v. CGI Grp., Inc., No. 11-CIV.-8611 (AT), 2014 WL 1414314, at *1 (S.D.N.Y. Apr. 7, 2014) (granting a motion to withdraw in part on "the breakdown of the attorney-client relationship."). Third, counsel believes that some of Plaintiff's claims lack merit, a view with which Plaintiff disagrees. (ECF No. [31-2] at 4.) Without opining on counsel's views, under the circumstances of this case, this type of "irreconcilable conflict between attorney and client" supports counsel's withdrawal. United States v. Est. of Wiesner, No. CV-051634 (DRH)(AKT), 2017 WL 1450594, at *6 (E.D.N.Y. Mar. 15, 2017), report and recommendation adopted, No. CV-051634 (DRH)(AKT), 2017 WL 1458724 (E.D.N.Y. Apr. 24, 2017) (listing "the existence of an irreconcilable conflict between attorney and client" as a reason to grant a motion to withdraw as attorney). Based on the foregoing, the Court GRANTS #31 the Motion to Withdraw as Attorney. Attorneys Jason Marc Rubin and Michael Zisser of the law firm Wingate, Russotti, Shapiro & Halperin, LLP shall be terminated from the docket. A copy of this order will be mailed to pro se Plaintiff Junior Hernandez. So Ordered by Magistrate Judge Marcia M. Henry on 02/16/2022. (Heery-Hyatt, Micaela)
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| Filing 33 AFFIDAVIT/AFFIRMATION USPS return receipt by Junior Hernandez (Zisser, Michael) |
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SCHEDULING ORDER: A video settlement conference will be held on 03/24/2022 at 3:00 PM before Magistrate Judge Marcia M. Henry. All parties, including Plaintiff, a representative for the defense with full settlement authority, and counsel shall attend. The parties shall submit their confidential ex parte settlement letters to henry_chambers@nyed.uscourts.gov no later than 03/17/2022. The letters shall be no more than two pages and must state each party's assessment of the settlement value of the case and explain the reasons for their assessment. With their submissions, the parties must also provide email addresses and phone numbers for counsel and clients to the Court so that the Court may connect the parties to a video conference. The parties shall review Section II.C. (Settlement Conferences) of this Court's Individual Practice Rules in preparation for the conference (available at #https://www.nyed.uscourts.gov/pub/rules/MMH-MLR.pdf ). Any requests to adjourn the settlement conference shall be filed on ECF by 03/17/2022. A copy of this Order shall be mailed to Plaintiff. So Ordered by Magistrate Judge Marcia M. Henry on 02/09/2022. (Castro, Ricardo)
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MINUTE ENTRY AND ORDER: A telephonic status conference was held on 02/08/2022 before Magistrate Judge Marcia M. Henry. Michael Zisser, counsel for Plaintiff; AUSA David Cooper, counsel for Defendants; and Plaintiff Junior Hernandez were present. The Court heard oral argument on Plaintiff's counsel's #31 Motion to Withdraw as Attorney. As stated on the record, by 02/09/2022 attorney Zisser or attorney Jason Rubin shall submit to henry_chambers@nyed.uscourts.gov the following supplemental information supporting: (1) a copy of the Social Security Administration Law Judge's Decision (see Affidavit, ECF No. [31-1] at 3); and (2) copies of text messages (see Affidavit, ECF No. [31-1] at 5 n.2). On this same date, counsel shall also serve a copy of the ALJ's Decision on the Defendants if it has not been previously produced in discovery and shall file on ECF a copy of the return receipt confirming delivery of the Motion to Withdraw to Plaintiff. Subject to Attorney Zisser or Attorney Rubin complying with this order, #31 Motion to Withdraw as Attorney is preliminary granted; a separate order will issue. Plaintiff has been unable to obtain counsel and will proceed pro se. Plaintiff and Defendants requested a settlement conference; a separate scheduling order will issue. A copy of this Order and the Courts Individual Rules will be mailed to Plaintiff. So Ordered by Magistrate Judge Marcia M. Henry on 02/08/2022. (AT&T Log # 10:00AM-10:50AM) (Castro, Ricardo)
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| Filing 32 AFFIDAVIT/AFFIRMATION Affidavit of Service by Junior Hernandez (Zisser, Michael) |
| Filing 31 MOTION to Withdraw as Attorney by Junior Hernandez. (Attachments: #1 Affidavit, #2 Memorandum in Support, #3 Exhibit Amended Complaint, #4 Exhibit Answer, #5 Exhibit Plaintiff's Deposition Transcript, #6 Exhibit E-mail from David Cooper, Esq.) (Zisser, Michael) |
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SCHEDULING ORDER: A telephone status conference is scheduled for 02/08/2022 at 10:00AM before Magistrate Judge Marcia M. Henry. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. Counsel of record and Plaintiff Junior Hernandez must attend. The parties shall dial in five (5) minutes before the conference. Any requests to adjourn the status conference must be made by 02/01/2022 by filing a letter motion on ECF after conferring with all parties. Plaintiff's counsel shall provide a copy of this Order to Plaintiff. So Ordered by Magistrate Judge Marcia M. Henry on 12/08/2021. (Castro, Ricardo)
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MINUTE ENTRY AND ORDER: A telephonic status conference was held on 12/08/2021 before Magistrate Judge Marcia M. Henry. Michael Zisser, counsel for Plaintiff; AUSA David Cooper, counsel for Defendants; and Plaintiff Junior Hernandez were present. As stated on the record, since the 10/14/2021 status conference, Plaintiff has received all documents set forth in the Court's 10/14/2021 Minute Entry and Order. Plaintiff continues to search but has not obtained new counsel. Plaintiff is encouraged to recontact the City Bar Justice Center for assistance.Plaintiffs counsel intends to file a motion to withdraw as counsel and is granted leave to file the motion by 01/10/2022. A status conference will be held on 02/08/2022 at 10:00AM; a separate scheduling order will issue. Plaintiff's counsel shall attend the conference. With the consent of the government, discovery remains stayed until the next status conference to allow Plaintiff time to obtain new counsel. Plaintiff's counsel shall provide a copy of this Order to Plaintiff. So Ordered by Magistrate Judge Marcia M. Henry on 12/08/2021. (AT&T Log # 12:00PM-12:15PM) (Castro, Ricardo)
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SCHEDULING ORDER: A telephone status conference is scheduled for 02/08/2022 at 10:00AM before Magistrate Judge Marcia M. Henry. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. Counsel of record and Plaintiff Junior Hernandez must attend. The parties shall dial in five (5) minutes before the conference. Any requests to adjourn the status conference must be made by 02/01/2022 by filing a letter motion on ECF after conferring with all parties. Plaintiff's counsel shall provide a copy of this Order to Plaintiff. So Ordered by Magistrate Judge Marcia M. Henry on 12/08/2021. (Castro, Ricardo)
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MINUTE ENTRY AND ORDER: A telephonic status conference was held on 12/08/2021 before Magistrate Judge Marcia M. Henry. Michael Zisser, counsel for Plaintiff; AUSA David Cooper, counsel for Defendants; and Plaintiff Junior Hernandez were present. As stated on the record, since the 10/14/2021 status conference, Plaintiff has received all documents set forth in the Courts 10/14/2021 Minute Entry and Order. Plaintiff continues to search but has not obtained new counsel. Plaintiff is encouraged to recontact the City Bar Justice Center for assistance.Plaintiff's counsel intends to file a motion to withdraw as counsel and is granted leave to file the motion by 01/10/2022. A status conference will be held on 02/08/2022 at 10:00AM; a separate scheduling order will issue. Plaintiff's counsel shall attend the conference. With the consent of the government, discovery remains stayed until the next status conference to allow Plaintiff time to obtain new counsel. Plaintiff's counsel shall provide a copy of this Order to Plaintiff. So Ordered by Magistrate Judge Marcia M. Henry on 12/08/2021. (AT&T Log # 12:00PM-12:15PM) (Castro, Ricardo)
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| Filing 30 AFFIDAVIT/AFFIRMATION re Order,, Affidavit of Service by Junior Hernandez (Zisser, Michael) |
| Filing 29 AFFIDAVIT/AFFIRMATION re Status Conference,,,,,,, Affidavit of Service by Junior Hernandez (Zisser, Michael) |
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Order: On 10/21/2021, Plaintiff's counsel contacted chambers to report that they had not received the Court's package of materials regarding pro se litigation. See 10/14/2021 Minute Entry and Order. Accordingly, the Court sua sponte extends the deadline for Plaintiff's counsel to produce the information to Plaintiff to 10/29/2021. Plaintiff's counsel shall provide a copy of this order to Plaintiff. So Ordered by Magistrate Judge Marcia M. Henry on 10/21/2021. (Heery-Hyatt, Micaela)
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SCHEDULING ORDER: A telephone status conference is scheduled for 12/08/2021 at 12:00PM before Magistrate Judge Marcia M. Henry. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. The parties shall dial in five (5) minutes before the conference. So Ordered by Magistrate Judge Marcia M. Henry on 10/14/2021. (Castro, Ricardo)
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MINUTE ENTRY AND ORDER: A telephonic status conference was held on 10/14/2021 before Magistrate Judge Marcia M. Henry. Jason Rubin and Michael Zisser, counsel for Plaintiff; AUSA David Cooper, counsel for Defendants; and Plaintiff Junior Hernandez were present. As stated on the record, Plaintiff's counsel and Plaintiff report a significant breakdown in attorney-client communications. Plaintiffs counsel seek to withdraw from their representation of Plaintiff. Discovery will be stayed while Plaintiff attempts to find new counsel. By 10/21/2021, Plaintiff's counsel shall produce the following documents to Plaintiff: (1) information about pro bono legal services which is attached to this order; (2) a printed copy of the docket in this case including this order; and (3) Plaintiff's entire file from counsel's law firm and all documents that would be necessary for newly retained counsel to pursue Plaintiffs claims, including emails. Counsel shall produce Plaintiffs entire file on a flash-drive and also shall produce in hard copy all documents in the file except Plaintiff's medical records, whose volume makes the printing of hard copies impracticable. The Court will provide a copy of the pro se litigants manual to Plaintiff's counsel, who should also include the manual in their production to Plaintiff. Counsel shall file an affidavit of service by 10/21/2021. A status conference will be held on 12/08/2021 at 12:00PM; a separate order will issue. Plaintiff's counsel shall not file a motion to withdraw before the 12/08/2021 status conference. So Ordered by Magistrate Judge Marcia M. Henry on 10/14/2021. (AT&T Log # 10:00AM-10:44AM) (Castro, Ricardo)
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| Filing 28 Letter Letter to Judge Henry pursuant to 9/22/21 Order by Junior Hernandez (Zisser, Michael) |
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ORDER: On 8/20/2021, the parties filed a joint status report noting that Plaintiff Junior Hernandez was actively searching for new counsel in this Federal Tort Claims Act case. ECF No. #27 . Today, on 9/21/2021, the Court received an ex parte phone call from Plaintiff expressing concern about his attorney attempting to withdraw from the case. The joint status report and Plaintiff's statements suggest a breakdown in communication between Plaintiff and his attorneys. The Court previously scheduled a telephone status conference in this case for 10/14/2021 at 10:00 AM. Both counsel of record for Plaintiff (Jason Marc Rubin and Michael Zisser) and Plaintiff shall attend the 10/14/2021 status conference. Plaintiff's counsel are ordered to provide Plaintiff with a copy of this order and the Court's 7/23/2021 rescheduling order and to instruct him on how to join the Court's 10/14/2021 status conference. Plaintiff's counsel shall file a letter by 9/24/2021 certifying that they have provided Plaintiff with a copy of the relevant orders and communicated with him about the upcoming status conference. Any requests to adjourn the status conference must be made in advance in accordance with the undersigned's individual rules. Finally, on 04/09/2019, Plaintiff filed a notice of consent to change attorneys from Dominick W. Lavelle to the law firm of Wingate, Russotti, Shapiro & Halperin, LLP, where attorneys Mr. Rubin and Mr. Zisser practice. See ECF No. #10 (Notice of Consent), #9 (Jason Rubin Notice of Appearance), #17 (Michael Zisser Notice of Appearance). Accordingly, the Clerk of Court is respectfully directed to terminate attorney Dominick W. Lavelle as Plaintiff's counsel of record.So Ordered by Magistrate Judge Marcia M. Henry on 09/22/2021. (Heery-Hyatt, Micaela)
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| Filing 27 STATUS REPORT by United States Postal Service (Cooper, David) |
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STATUS REPORT ORDER: The parties shall file a joint status report of no more than three (3) pages by 08/30/2021 addressing their discovery progress and positions towards settlement. A separate scheduling order for a status conference will follow. So Ordered by Magistrate Judge Marcia. M. Henry on 07/23/2021. (Heery-Hyatt, Micaela)
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RESCHEDULING ORDER: The status conference currently scheduled for 10/15/2021 at 10:00AM is adjourned to 10/14/2021 at 10:00AM before Magistrate Judge Marcia M. Henry. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. The parties shall dial in five (5) minutes before the conference. So Ordered by Magistrate Judge Marcia M. Henry on 07/23/2021. (Castro, Ricardo)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Michael Zisser, David Cooper. Settlement explored, but parties at an impasse a this time. Plaintiff will take defendant's deposition, defendant will schedule IME, and counsel will complete expert disclosures by 10/1/21. Next conference 10/15/21 at 10:00. Date and time subject to change, as this case is likely to be randomly reassigned to a newly appointed magistrate judge.Status Conference held on 7/20/2021 (Levy, Robert) |
| Case Reassigned to Magistrate Judge Marcia M. Henry. Magistrate Judge Robert M. Levy 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 granting #26 Motion for Extension of Time to 7/20/21 to Complete Discovery. The conference scheduled for 6/2/21 is adjourned to 7/20/21 at 11:00 (same dial-in number and access code). Ordered by Magistrate Judge Robert M. Levy on 6/2/2021. (Levy, Robert)
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| Filing 26 Consent MOTION for Extension of Time to Complete Discovery by United States Postal Service. (Cooper, David) |
| Filing 25 NOTICE of Appearance by David Allen Cooper on behalf of United States Postal Service (aty to be noticed) (Cooper, David) |
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ORDER granting #24 Motion for Extension of Time to File. The telephone conference scheduled for April 14, 2021 is adjourned to June 2, 2021 at 2:30 p.m., before Magistrate Judge Robert M. Levy. Parties are directed to call 888-684-8852 and use access code # 6223489. Fact-discovery deadline extended to 5/21/21. Ordered by Magistrate Judge Robert M. Levy on 4/12/2021. (Marino, Janine)
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| Filing 24 Joint MOTION for Extension of Time to File by United States Postal Service. (Soloveichik, Layaliza) |
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ORDER granting #23 Motion for Extension of Time until April 10, 2021 to Complete Discovery. The conference scheduled for February 2, 2021 via AT&T audio conference is adjourned to April 14, 2021 at 10:30 a.m., before Magistrate Judge Robert M. Levy. Parties are directed to call 888-684-8852 and use access code # 6223489. Ordered by Magistrate Judge Robert M. Levy on 2/1/2021. (Marino, Janine)
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| Filing 23 Consent MOTION for Extension of Time to Complete Discovery by Amanda Ashley Hardy, United States Postal Service. (Soloveichik, Layaliza) |
| Case Reassigned to Judge Diane Gujarati. Judge Sterling Johnson, Jr 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) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Michael Zisser, Layaliza Soloveichik. Plaintiff has provided 50 authorizations for records of medical providers who have treated him for relevant conditions. Depositions deferred 90 days. Discovery deadline extended to 1/29/21. Next conference 2/2/21 at 11:00 (same dial-in number and access code). (Close of fact discovery)..Motion Hearing held on 11/2/2020 re #22 Consent MOTION for Extension of Time to File filed by United States Postal Service (Levy, Robert) |
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ORDER granting #22 Motion for 90 Day Extension of Fact Discovery Deadline. Ordered by Magistrate Judge Robert M. Levy on 11/2/2020. (Levy, Robert)
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| Filing 22 Consent MOTION for Extension of Time to File by United States Postal Service. (Soloveichik, Layaliza) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Michael Zisser, Layaliza Soloveichik. Discovery slowed because of difficulties in obtaining medical records of plaintiffs prior injuries from a large number of medical providers. Defendants shall provide plaintiff names of previously disclosed providers and plaintiff shall review and amend prior responses to reflect all providers of which he is aware. Plaintiff will provide settlement demand within 2 weeks. The discovery deadline is extended to 10/31/20 because of corona virus restrictions. Next conference 11/2/20 at 2:00 (close of discovery)(tel).Status Conference held on 5/5/2020 (Levy, Robert) |
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ORDER granting #21 Motion to Adjourn Conference; granting #21 Motion to StayTelephone Conference adjourned to 5/5/2020 at 11:00 AM before Magistrate Judge Robert M. Levy.Ordered by Magistrate Judge Robert M. Levy on 4/24/2020. (Marino, Janine) Modified on 4/28/2020 (Marino, Janine). See #20 for AT&T conference call dial-in number.
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| Filing 21 Consent MOTION to Adjourn Conference , Consent MOTION to Stay by Amanda Ashley Hardy, United States Postal Service. (Soloveichik, Layaliza) |
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Filing 20
SCHEDULING ORDER: The telephone conference set for 4/29/2020 at 02:00 PM before Magistrate Judge Robert M. Levy will be held via AT&T audio conference. See attached AT&T audio-conference dial-in information to be used for this telephone conference only. Ordered by Magistrate Judge Robert M. Levy on 4/1/2020. (Marino, Janine)
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SCHEDULING ORDER RE #19 : The telephone conference scheduled for 3/26/20 is adjourned to 4/29/2020 at 02:00 PM before Magistrate Judge Robert M. Levy. Ordered by Magistrate Judge Robert M. Levy on 3/25/2020. (Marino, Janine)
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ORDER granting #19 Motion to Adjourn Telephone Conference; and granting #19 Motion to Stay. Ordered by Magistrate Judge Robert M. Levy on 3/25/2020. (Marino, Janine)
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| Filing 19 Consent MOTION to Adjourn Conference , Consent MOTION to Stay by United States Postal Service. (Soloveichik, Layaliza) |
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Filing 18
SCHEDULING ORDER RE: The Telephone Conference set for 3/26/2020 at 02:00 PM before Magistrate Judge Robert M. Levy. See attached AT&T dial-in information to be used for this conference only. Ordered by Magistrate Judge Robert M. Levy on 3/17/2020. (Marino, Janine)
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| Filing 17 NOTICE of Appearance by Michael Zisser on behalf of Junior Hernandez (aty to be noticed) (Attachments: #1 Affidavit) (Zisser, Michael) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Jason Rubin, Layaliza Soloveichik. Case management order entered. Fact discovery deadline 6/28/20. The Clerk is requested to remove the USPS from the caption, as the complaint has been amended to reflect the Postal Service's dismissal. Settlement explored. Plaintiff will provide a damages calculation by 12/4/19. Next conference 3/26/20 at 2:00 (tel)(status/settlement).Initial Conference Hearing held on 10/29/2019 (Levy, Robert) |
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SCHEDULING ORDER: The initial conference scheduled for 10/16/19 is adjourned to 10/29/2019 at 03:00 PM in Courtroom 11B South before Magistrate Judge Robert M. Levy. Ordered by Magistrate Judge Robert M. Levy on 10/4/2019. (Marino, Janine)
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SCHEDULING ORDER: The initial conference scheduled for 10/2/19 is adjourned to 10/16/19 at 11:30 AM. Ordered by Magistrate Judge Robert M. Levy on 10/2/2019. (Ferrara, Alicia)
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Filing 16
SCHEDULING ORDER: Initial Conference set for 10/2/2019 at 12:00 PM in Courtroom 11B South before Magistrate Judge Robert M. Levy. Ordered by Magistrate Judge Robert M. Levy on 8/5/2019. (Attachments: #1 IC Questionnaire, #2 Individual Rules) (Marino, Janine)
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| Filing 15 ANSWER to #12 Amended Complaint by United States Postal Service. (Soloveichik, Layaliza) |
| Filing 14 SUMMONS Returned Executed by Junior Hernandez. Amanda Ashley Hardy served on 6/4/2019, answer due 6/25/2019; United States Postal Service served on 6/4/2019, answer due 6/25/2019. (Rubin, Jason) |
| Filing 13 Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) |
| Filing 12 AMENDED COMPLAINT against All Defendants, filed by Junior Hernandez. (Attachments: #1 Amended Summons) (Rubin, Jason) |
| Filing 11 Letter reg. filing & service of Amended Complaint by Junior Hernandez (Rubin, Jason) |
| Filing 10 NOTICE of Consent to Change Attorney by Jason Marc Rubin (Rubin, Jason) |
| Filing 9 NOTICE of Appearance by Jason Marc Rubin on behalf of Junior Hernandez (aty to be noticed) (Rubin, Jason) |
| Filing 8 SUMMONS Returned Executed by Junior Hernandez. Amanda Ashley Hardy served on 3/21/2019, answer due 4/11/2019. (Lavelle, Dominick) |
| Filing 7 SUMMONS Returned Executed by Junior Hernandez. United States Postal Service served on 3/20/2019, answer due 5/20/2019. (Lavelle, Dominick) |
| Filing 6 Civil Cover Sheet.. Re #2 Proposed Summons/Civil Cover Sheet by Junior Hernandez (Lavelle, Dominick) |
| Filing 5 Summons Issued as to Amanda Ashley Hardy, United States Postal Service, U.S. Attorney and U.S. Attorney General (Davis, Kimberly) |
| 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) |
| Case Assigned to Judge Sterling Johnson, Jr and Magistrate Judge Robert M. Levy. 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 2 Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, Notice (Other), Notice (Other), by Junior Hernandez (Lavelle, Dominick) |
| NOTICE :The Clerk's Office cannot assign this case without a completed Civil Cover Sheet and Proposed Summons. Counsel is directed to forward a completed (2 Page Form)Civil Cover Sheet, answering all questions including the NY-E Division of Business Rule 50.1(d)(2) section on the second page and a Proposed Summons. Please use the event Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| NOTICE - the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to forward a completed Civil Cover Sheet, answering all questions in *** NY-E DIVISION OF BUSINESS RULE 50.1(d)(2) and CERTIFICATION OF ARBITRATION ELIGIBILITY *** section on the second page. This document can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number ANYEDC-10937419 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Junior Hernandez. (Lavelle, Dominick) |
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