Zywolewska v. Marzec et al
| Wieslawa Zywolewska |
| Darius A Marzec and Marzec Law Firm, P.C. |
| 1:2019cv04281 |
| July 24, 2019 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Ramon E Reyes |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity - Legal Malpractice |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 16, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ORDER: Defendant's request for a pre-motion conference regarding its anticipated motion to dismiss #35 is GRANTED. The Court shall hold a pre-motion conference on October 8, 2019 at 10:00 a.m. Ordered by Judge LaShann DeArcy Hall on 9/16/2019. (Valderrama, Freddie)
|
| Filing 41 Letter in response to the defendants' pre-motion letter by Wieslawa Zywolewska (Attachments: #1 Exhibit Complaint, #2 Exhibit Affidavit of Service, #3 Exhibit Affidavit of Service) (Wisniewski, Robert) |
| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Initial Conference Hearing held on 9/10/2019. Case called. Appearances and discussions held on the record. The Court adopts the parties Case Management Statement #30 . All discovery, including depositions of experts, shall be completed on or before 3/10/2020. Final Pretrial Conference set for 3/12/2020 at 10:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr., Status Conference set for 1/16/2020 at 10:00 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr., Telephone Conference set for 11/14/2019 at 2:00 PM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to use the toll-free number 1-888-684-8852 and access code 5496961# to participate in the scheduled telephone conference.(FTR Log #12:35:41-1:06:12.) (Vertus, Miriam) |
| Filing 40 CASE MANAGEMENT STATEMENT with Cover Letter to Magistrate Judge Reyes (Marzec, Darius) |
| Filing 39 Letter In Response to Mr. Wisniewski's Correspondence Objecting to Adjournment of Conference by Darius A Marzec, Marzec Law Firm, P.C. (Marzec, Darius) |
|
ORDER denying #34 Motion to Adjourn Conference Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/9/2019. (Reyes, Ramon)
|
| Filing 38 REPLY in Opposition re #34 MOTION to Adjourn Conference filed by Wieslawa Zywolewska. (Attachments: #1 Exhibit Complaint, #2 Exhibit June 4, 2019 email, #3 Exhibit June 4, 2019 motion to the Hon. Schofield, #4 Exhibit e-mails to and from Noll) (Wisniewski, Robert) |
| Filing 37 Letter to Judge Hall in Response to Plaintiff's Letter by Darius A Marzec, Marzec Law Firm, P.C. (Marzec, Darius) |
|
ORDER granting #36 Motion for Extension of Time to File Response/Reply. Responses due by 9/6/2019Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/6/2019. (Reyes, Ramon)
|
|
ORDER: Plaintiff's September 5, 2019 motion #35 for an extension of time to respond to Defendants' September 5 letter #33 requesting a pre-motion conference is DENIED as premature. Plaintiff requests leave to file a response by September 9. However, pursuant to this Court's Individual Practices, a response to a pre-motion letter is only due within five business days from the date the pre-motion letter was served. Accordingly, the deadline for Plaintiff's response is September 12. Ordered by Judge LaShann DeArcy Hall on 9/6/2019. (Valderrama, Freddie)
|
| Filing 36 MOTION for Extension of Time to File Response/Reply to Defendant Marzec's motion to adjourn the Rule 26 Conference sine die by Wieslawa Zywolewska. (Wisniewski, Robert) |
| Filing 35 First MOTION for Extension of Time to File Response/Reply to Defendants' pre-motion letter addressed to the Hon. DeArcy Hall by Wieslawa Zywolewska. (Wisniewski, Robert) |
| Filing 34 Letter to Magistrate Judge Reyes regarding Initial Conference by Darius A Marzec, Marzec Law Firm, P.C. (Marzec, Darius) Event Type ADDED Motion to Adjourn Conference on 9/6/2019 (Vertus, Miriam). |
| Filing 33 Letter Requesting Pre-Motion Conference by Darius A Marzec, Marzec Law Firm, P.C. (Marzec, Darius) |
|
Filing 32
SCHEDULING ORDER: Initial Conference set for 9/10/2019 at 12:30 PM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes Jr., located in the United States Eastern District of New York Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. All counsel are required to attend, and plaintiff's counsel is directed to ensure that all counsel are aware of their obligation to appear. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 9/5/2019. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/26/2019. (Vertus, Miriam)
|
| Filing 31 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 30 Case transferred in from District of New York Southern; Case Number 1:19-cv-01932. Original file certified copy of transfer order and docket sheet received. |
| The case of Zywolewska v. Marzec et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 19-cv-4281. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) |
| Filing 29 STIPULATION TO TRANSFER VENUE: IT IS HEREBY STIPULATED AND AGREED by the undersigned counsel for the parties that pursuant to 28 U.S.C. 1404(a) this Action be, and it hereby is, transferred to the United States District Court for the Eastern District of New York, and the Clerk of the Court is directed to effectuate the transfer pursuant to the Local Rule 83.1 of this Court. (Signed by Judge Lorna G. Schofield on 7/24/2019) (mro) [Transferred from New York Southern on 7/25/2019.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York (mro) [Transferred from New York Southern on 7/25/2019.] |
| Filing 28 PROPOSED STIPULATION AND ORDER. Document filed by Wieslawa Zywolewska. (Wisniewski, Robert) [Transferred from New York Southern on 7/25/2019.] |
| Filing 27 LETTER addressed to Judge Lorna G. Schofield from Robert Wisniewski dated July 23, 2019 re: Stipulated Order Transferring Venue to the EDNY. Document filed by Wieslawa Zywolewska. (Attachments: #1 Text of Proposed Order Transfer Venue)(Wisniewski, Robert) [Transferred from New York Southern on 7/25/2019.] |
|
Filing 26
ORDER terminating #24 Letter Motion for Extension of Time to File Response/Reply. It is hereby ORDERED that the parties shall confer and file a joint letter, not to exceed one page, by July 23, 2019, stating either that: (1) they consent to transfer this action to E.D.N.Y. or (2) if the parties are unable to indicate their consent, they shall explain why. It is further ORDERED that the July 23, 2019, 10:30 a.m. conference is adjourned sine die. The Clerk of Court is respectfully directed to close Dkt. No. 24. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/19/2019) (cf) [Transferred from New York Southern on 7/25/2019.]
|
| Filing 25 LETTER addressed to Judge Lorna G. Schofield from Brian P. Galligan dated 7/18/2019 re: Letter Response to Mr. Wisniewski's Letter. Document filed by Darius A. Marzec, Marzec Law Firm, P.C..(Marzec, Darius) [Transferred from New York Southern on 7/25/2019.] |
| Filing 24 FIRST LETTER MOTION for Extension of Time to File Response/Reply to Defendant Marzec's pre-motion letter of June27, 2019 addressed to Judge Lorna G. Schofield from Robert Wisniewski dated July 18, 2019. Document filed by Wieslawa Zywolewska.(Wisniewski, Robert) [Transferred from New York Southern on 7/25/2019.] |
|
Filing 23
ORDER granting #22 Letter Motion for Extension of Time to File. Application GRANTED. The parties shall file their stipulation of transfer by July 18, 2019. (Signed by Judge Lorna G. Schofield on 7/17/2019) (cf) [Transferred from New York Southern on 7/25/2019.]
|
| Filing 22 JOINT LETTER MOTION for Extension of Time to File a stipulation to transfer venue addressed to Judge Lorna G. Schofield from Robert Wisniewski dated July 16, 2019. Document filed by Wieslawa Zywolewska.(Wisniewski, Robert) [Transferred from New York Southern on 7/25/2019.] |
|
Filing 21
ORDER granting #17 LETTER MOTION for Leave to File Motion to Transfer / Dismiss / Set Briefing Schedule. The parties shall file their stipulation regarding transfer by July 16, 2019. The Clerk of Court is respectfully directed to close Dkt. No. 17. SO ORDERED. (Signed by Judge Lorna G. Schofield on 7/9/2019) (jca) [Transferred from New York Southern on 7/25/2019.]
|
| Filing 20 JOINT LETTER addressed to Judge Lorna G. Schofield from Robert Wisniewski dated July 8, 2019 re: Transfer of the case to the EDNY. Document filed by Wieslawa Zywolewska.(Wisniewski, Robert) [Transferred from New York Southern on 7/25/2019.] |
|
Filing 19
ORDER: WHEREAS, the Order at Dkt. No. 18 requires the parties to meet and confer and inform the Court by July 8, 2019, whether they mutually consent to transfer this action to another venue. If they do not, Plaintiff is required to file a response letter to Defendants' pre-motion to dismiss letter by July 12, 2019. It is hereby ORDERED that, in light of the potential transfer of this case, the July 9, 2019, 10:30 a.m. initial pretrial conference is ADJOURNED until July 23, 2019, at 10:30 a.m. The parties' conference materials, which must comply with the Order at Dkt. No. 8, are due at least 7 days before the conference, or by July 16, 2019. Initial Conference set for 7/23/2019 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/2/2019) (mro) [Transferred from New York Southern on 7/25/2019.]
|
| Filing 18 MEMO ENDORSEMENT on re: #17 LETTER MOTION for Leave to File Motion to Transfer / Dismiss / Set Briefing Schedule addressed to Judge Lorna G. Schofield from Brian P. Galligan, Esq. dated June 27, 2019. filed by Marzec Law Firm, P.C., Darius A. Marzec. ENDORSEMENT: The parties shall meet and confer regarding whether they mutually consent to transfer this action to the Eastern District of New York or the District of New Jersey, under 28 U.S.C. 1404. By July 8, 2019, the parties shall file a joint letter stating whether they consent to a transfer and proposing the venue. If the parties do not mutually consent, Plaintiff shall file by July 12, 2019, a letter responding to Defendants' pre-motion letter above. (Responses due by 7/12/2019) (Signed by Judge Lorna G. Schofield on 7/1/2019) (cf) [Transferred from New York Southern on 7/25/2019.] |
| Filing 17 LETTER MOTION for Leave to File Motion to Transfer / Dismiss / Set Briefing Schedule addressed to Judge Lorna G. Schofield from Brian P. Galligan, Esq. dated June 27, 2019. Document filed by Darius A. Marzec, Marzec Law Firm, P.C..(Marzec, Darius) [Transferred from New York Southern on 7/25/2019.] |
| Set/Reset Hearings: Initial Conference set for 7/9/2019 at 10:30 AM before Judge Lorna G. Schofield. (jca) [Transferred from New York Southern on 7/25/2019.] |
|
Filing 16
ORDER granting in part #15 Letter Motion for Extension of Time. Application GRANTED in part. Defendants shall respond to the Complaint by July 8, 2019. The initial pretrial conference is adjourned from June 18, 2019, to July 9, 2019. The parties are reminded to file their joint pretrial conference materials, in accordance with Dkt. No. 8, at least 7 days before the conference or July 2, 2019. (Signed by Judge Lorna G. Schofield on 6/5/2019) (jca) Modified on 6/5/2019 (jca). [Transferred from New York Southern on 7/25/2019.]
|
| Set/Reset Deadlines: Darius A. Marzec answer due 7/8/2019; Marzec Law Firm, P.C. answer due 7/8/2019. (jca) [Transferred from New York Southern on 7/25/2019.] |
| Filing 15 LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Jerome Noll, Esq. dated June 4, 2019. Document filed by Darius A. Marzec, Marzec Law Firm, P.C..(Marzec, Darius) [Transferred from New York Southern on 7/25/2019.] |
| Filing 14 NOTICE OF CHANGE OF ADDRESS by Robert Wisniewski on behalf of All Plaintiffs. New Address: Robert Wisniewski, P.C., 40 Wall Street, Suite 2833, New York, NY, 10005, 2122672101. (Wisniewski, Robert) [Transferred from New York Southern on 7/25/2019.] |
| Filing 13 AFFIDAVIT OF SERVICE. Marzec Law Firm, P.C. served on 5/15/2019, answer due 6/5/2019. Service was accepted by Nancy Dougherty Doc. Specialist at NY Secy of State. Document filed by Wieslawa Zywolewska. (Wisniewski, Robert) [Transferred from New York Southern on 7/25/2019.] |
| Filing 12 AFFIDAVIT OF SERVICE. All Defendants. Service was accepted by Refused Name/Co-Worker. Service was made by Mail. Document filed by Wieslawa Zywolewska. (Wisniewski, Robert) [Transferred from New York Southern on 7/25/2019.] |
| Filing 11 MEMO ENDORSEMENT on re: #10 Letter filed by Wieslawa Zywolewska. ENDORSEMENT: Application GRANTED. The initial pretrial conference is adjourned from April 30, 2019, to June 18, 2019, at 10:30 a.m. Plaintiff shall serve Defendants within 90 days of filing the complaint under Fed. R. Civ. P. 4(m) or this case will be dismissed for failure to prosecute. No later than 3 days after service, Plaintiff shall file proof of service. Plaintiff is also reminded that the parties shall file their joint pretrial conference materials, in accordance with Dkt. No. 8, at least 7 days before the June 18, 2019, conference. (Initial Conference set for 6/18/2019 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/26/2019) (cf) [Transferred from New York Southern on 7/25/2019.] |
| Filing 10 LETTER addressed to Judge Lorna G. Schofield from Robert Wisniewski dated April 25, 2019 re: April 24, 2019 Order. Document filed by Wieslawa Zywolewska.(Wisniewski, Robert) [Transferred from New York Southern on 7/25/2019.] |
|
Filing 9
ORDER: It is hereby ORDERED that if Plaintiff is in communication with Defendants, the parties shall file the joint letter and proposed case management plan as soon as possible and no later than April 26, 2019, and shall explain why they have not complied with the Courts deadlines. If Defendants refuse to cooperate in the preparation of these materials, Plaintiff shall prepare and file them. If Plaintiff is not in communication with Defendants, then no later than April 26, 2019, Plaintiff shall file a letter requesting adjournment of the initial pretrial conference. It is further ORDERED that Plaintiff shall file affidavits of service as soon as possible and no later than April 26, 2019. If Plaintiff has not been able to serve Defendants yet, then Plaintiff shall add to its submissions described above, due on April 26, 2019, a brief statement on status of service. (Signed by Judge Lorna G. Schofield on 4/24/2019) (jca) [Transferred from New York Southern on 7/25/2019.]
|
|
Filing 8
ORDER: Initial Conference set for 4/30/2019 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/18/2019) (cf) [Transferred from New York Southern on 7/25/2019.]
|
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Darius A. Marzec, Marzec Law Firm, P.C.. (dnh) [Transferred from New York Southern on 7/25/2019.] |
| Filing 6 CIVIL COVER SHEET filed. (Wisniewski, Robert) [Transferred from New York Southern on 7/25/2019.] |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Darius A. Marzec, Marzec Law Firm, P.C., re: #4 Complaint. Document filed by Wieslawa Zywolewska. (Wisniewski, Robert) [Transferred from New York Southern on 7/25/2019.] |
| Filing 4 COMPLAINT against Darius A. Marzec, Marzec Law Firm, P.C.. Document filed by Wieslawa Zywolewska.(Wisniewski, Robert) [Transferred from New York Southern on 7/25/2019.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Robert Wisniewski to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): Defendant Error; the defendant name listed in the 'To:' section of the PDF must exactly match the party of record (Darius Marzec). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) [Transferred from New York Southern on 7/25/2019.] |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Darius A. Marzec, Marzec Law Firm, P.C., re: #1 Complaint,. Document filed by Wieslawa Zywolewska. (Wisniewski, Robert) Modified on 3/8/2019 (dnh). [Transferred from New York Southern on 7/25/2019.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robert Wisniewski to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) [Transferred from New York Southern on 7/25/2019.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Robert Wisniewski to RE-FILE Document No. #2 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet; two natures of suit were selected, choose one. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) [Transferred from New York Southern on 7/25/2019.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Robert Wisniewski to RE-FILE Document No. #2 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) [Transferred from New York Southern on 7/25/2019.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Wisniewski. The party information for the following party/parties has been modified: Ms. wieslawa zywolewska, Esq Darius Marzec. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly;. (pc) [Transferred from New York Southern on 7/25/2019.] |
| Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) [Transferred from New York Southern on 7/25/2019.] |
| Case Designated ECF. (pc) [Transferred from New York Southern on 7/25/2019.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert Wisniewski. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 6 (Foreign Nation); Fee Status code due (due);. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 3 (Citizen or Subject of a Foreign Country); the Fee Status code has been modified to pd (paid);. (pc) [Transferred from New York Southern on 7/25/2019.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) [Transferred from New York Southern on 7/25/2019.] |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - WRONG EVENT TYPE SELECTED FROM MENU - COMPLAINT against All Defendants. Document filed by wieslawa zywolewska. (Attachments: #1 Civil Cover Sheet)(Wisniewski, Robert) Modified on 3/1/2019 (pc). [Transferred from New York Southern on 7/25/2019.] |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-16424288)Document filed by wieslawa zywolewska.(Wisniewski, Robert) Modified on 3/1/2019 (pc). [Transferred from New York Southern on 7/25/2019.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
