Thompson v. Speedway LLC
| Ray Thompson |
| Speedway LLC |
| 1:2018cv07103 |
| December 13, 2018 |
| US District Court for the Eastern District of New York |
| Peggy Kuo |
| Eric N Vitaliano |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on February 6, 2019. A more recent docket listing may be available from PACER.
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| Filing 9 Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on 2/6/2019. Attorney Kurt Dominic Robertson appeared on behalf of plaintiff. Attorney Charles W. Mondora appeared on behalf of defendant. The Court contacted plaintiff's counsel's office, and attorney Jason Firestein was permitted to participate by telephone. He indicated that his office had failed to properly calendar today's conference. Mr. Firestein was directed to file a Notice of Appearance on the docket. Plaintiff's counsel stated that Plaintiff went to an urgent care center a few days after the incident regarding injury to his ankle. Defense counsel stated that the "incident report" produced to Plaintiff was not created at the time of the incident because it was not reported; Defendant only learned of the incident upon receiving the Complaint. There are no witnesses to the incident other than Plaintiff. Defendant's counsel also stated that a surveillance camera video from 6:30 to 8:30 pm the date of the incident does not seem to show the incident. Defendant was directed to produce the video immediately, and counsel must confer to determine whether this is the correct time period. If it is not, Plaintiff must give the correct time to Defendant so the corresponding video can be produced before it is taped over in the regular course of business. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. A settlement conference will be held on August 6, 2019 at 2:00 pm in Courtroom 11C South, before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the defendants with complete settlement authority (other than counsel) must be present, unless leave is granted to participate by phone. The parties were directed to submit confidential settlement statements which must include the last offer and demand, to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by July 29, 2019. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. (FTR Log #10:44-11:06.) (Riquelme, Claudia) |
| Filing 8 Letter to Judge Kuo with Proposed Discovery Plan by Speedway LLC (Winter, Daniel) |
Filing 7
SCHEDULING ORDER: An Initial Conference will be held in this case on February 6, 2019 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge, in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. At least five days before the Conference, the parties must file a completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: https://www.nyed.uscourts.gov/pub/PK-discovplan.pdf. Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Peggy Kuo on 1/8/2019. (Attachments: #1 Proposed Discovery Plan) (Riquelme, Claudia)
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| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Case assigned to Judge Eric N. Vitaliano and Magistrate Judge Peggy Kuo. 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 4 Civil Cover Sheet.. by Speedway LLC (Winter, Daniel) |
| NOTICE - The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit corrected Civil Cover Sheet. (Bowens, Priscilla) |
| Filing 3 Civil Cover Sheet.. by Speedway LLC (Winter, Daniel) |
| Filing 2 Corporate Disclosure Statement by Speedway LLC identifying Corporate Parent MPC Investment LLC, Corporate Parent Marathon Petroleum Corporation for Speedway LLC. (Winter, Daniel) |
| Filing 1 NOTICE OF REMOVAL by Speedway LLC from Supreme Court, Kings County, case number 513873/2018. ( Filing fee $ 400 receipt number ANYEDC-11024678) (Attachments: #1 Exhibit A - S&C, #2 Exhibit B - Answer, #3 Exhibit C - Plt's BP and Responses) (Winter, Daniel) |
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| Plaintiff: Ray Thompson | |
| Represented By: | Scott J Zlotolow |
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| Defendant: Speedway LLC | |
| Represented By: | Daniel I. Winter |
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