Martin v. Climaco et al
| Tefilo Martin |
| J.G.M. Trucking, LLC and Jairo Climaco |
| Richard P. Byrne |
| 1:2019cv04521 |
| August 6, 2019 |
| U.S. District Court for the Eastern District of New York |
| James R Cho |
| Ann M Donnelly |
| Hector Gonzalez |
| Eric R Komitee |
| Robert M Levy |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on June 14, 2022. A more recent docket listing may be available from PACER.
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| Filing 34 Letter Correspondence to Judge Cho by Jairo Climaco, J.G.M. Trucking, LLC (Cooney, Patrick) |
STATUS REPORT ORDER: The parties report this matter has settled. Accordingly, the telephone conference previously scheduled for 6/16/2022 is canceled. A stipulation of dismissal or joint status report letter is due by 7/15/2022. Ordered by Magistrate Judge James R. Cho on 6/14/2022. (Gillespie-Cardo, Saudia)
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SCHEDULING ORDER: In the parties' May 20, 2022 status report #33 , the parties informed the Court that they have participated in a mediation and intend to participate in further discussions with the mediator. Telephone conference set for 6/16/2022 at 10:00 a.m. before Magistrate Judge James R. Cho. The parties are directed to call toll free (888) 808-6929 and use access code 106-5334. Parties should come prepared to inform the Court whether they have exhausted settlement discussions. Ordered by Magistrate Judge James R. Cho on 5/22/2022. (Cho, James)
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| Filing 33 Letter Regarding mediation by Jairo Climaco, J.G.M. Trucking, LLC (Cooney, Patrick) |
| Case Reassigned to Judge Hector Gonzalez. Judge Eric R. Komitee 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. (Marziliano, August) |
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ORDER granting #32 Motion for Extension of Time to Complete Discovery. The time to complete expert discovery is extended to 6/16/2022. Parties to file a status report within two weeks following the upcoming mediation session, but no later than 5/20/2022. Ordered by Magistrate Judge James R. Cho on 3/19/2022. (Cho, James)
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| Filing 32 MOTION for Extension of Time to Complete Discovery (Joint Request) by Tefilo Martin. (Kim, Albert) |
| SELECTION OF MEDIATOR Richard P. Byrne selected as Mediator. The first mediation session will take place on May 6, 2022 at 11:00am. 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 [email protected] 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 submitted within two weeks following mediation session. (Weinstein, Robyn) |
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ORDER granting #31 Motion for Extension of Time to Complete Discovery. The time to complete expert discovery is extended to March 18, 2022. Ordered by Magistrate Judge James R. Cho on 12/27/2021. (Gillespie-Cardo, Saudia)
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| Filing 31 MOTION for Extension of Time to Complete Discovery (Joint Request) by Tefilo Martin. (Kim, Albert) |
| Filing 30 STATUS REPORT with Request for Referral to Mediation by Tefilo Martin (Kim, Albert) |
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ORDER REFERRING CASE to Mediation. The parties to select a mediator by 12/14/2021. Mediation to be completed by 2/28/2022. The parties to file a status report within two weeks following the mediation session, but no later than 3/14/2022. Ordered by Magistrate Judge James R. Cho on 11/30/2021. (Gillespie-Cardo, Saudia)
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STATUS REPORT ORDER: The parties were previously directed to file a status report letter indicating whether they believe a referral to mediation or a settlement conference would be productive by November 17, 2021. To date, no status report has been filed. The time to file is extended to December 2, 2021. Ordered by Magistrate Judge James R. Cho on 11/23/2021. (Gillespie-Cardo, Saudia)
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ORDER granting #29 Motion for Extension of Time to Complete Discovery. The time to complete expert discovery is extended to December 17, 2021. The Telephonic-Status Conference previously scheduled for August 23, 2021 is canceled. By November 17, 2021 the parties are directed to file a joint letter, indicating whether they believe a referral to mediation or a settlement conference would be productive. Ordered by Magistrate Judge James R. Cho on 8/4/2021. (Gillespie, Saudia)
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| Filing 29 MOTION for Extension of Time to Complete Discovery (Joint Request) by Tefilo Martin. (Kim, Albert) |
| Filing 28 NOTICE of Appearance by Albert K Kim on behalf of Tefilo Martin (aty to be noticed) (Kim, Albert) |
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ORDER granting #27 Motion to Withdraw as Attorney. Attorney Michael Scott Marron terminated. Ordered by Magistrate Judge James R. Cho on 7/16/2021. (Gillespie, Saudia)
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| Filing 27 NOTICE by Tefilo Martin of Withdrawal of Counsel (Marron, Michael) Modified to add motion on 7/16/2021 (Gillespie, Saudia). |
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Incorrect Case/Document/Entry Information: Per Order dated 6/16/2021 by Magistrate Judge James R. Cho docket entries 27, 28 and 29 (Notice of Deposition) have been deleted. (Gillespie, Saudia)
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ORDER re 27, 28, & 29: Defendant inappropriately filed discovery documents on ECF. Reminder: Discovery materials unrelated to pending disputes or motions before this Court are not to be filed on ECF. Cf. Local Civ. R. 5.1. The Clerk's Office is instructed to remove document Nos. 27, 28, & 29. If counsel for Defendant continues to file discovery documents on ECF and continues to disregard Court orders, the Court will take appropriate action against Defendant's counsel. Ordered by Magistrate Judge James R. Cho on 6/16/2021. (Gillespie, Saudia)
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Incorrect Case/Document/Entry Information: Per Order dated 5/19/2021 by Magistrate Judge James R. Cho docket entries 27, 28 and 29 have been deleted. (Gillespie, Saudia)
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ORDER re 27, 28, & 29: Defendant filed discovery documents on ECF. Reminder: Discovery materials unrelated to pending disputes or motions before this Court are not to be filed on ECF. The Clerk's Office is instructed to take down document Nos. 27, 28, & 29. Ordered by Magistrate Judge James R. Cho on 5/19/2021. (Hazelwood, John)
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ORDER granting #25 : Time to complete expert discovery extended to 8/15/2021. The Status Conference previously set for 5/24/2021 is adjourned to 8/23/2021 11:00 at AM before Magistrate Judge James R. Cho. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. Ordered by Magistrate Judge James R. Cho on 5/19/2021. (Hazelwood, John)
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| Filing 26 RESPONSE to Motion re #25 First MOTION for Extension of Time to File Expert Disclosure filed by Tefilo Martin. (Marron, Michael) |
| Filing 25 First MOTION for Extension of Time to File Expert Disclosure by Jairo Climaco, J.G.M. Trucking, LLC. (Cooney, Patrick) |
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SCHEDULING ORDER: The Status Conference previously set for 5/20/21 has been adjourned to 5/24/2021 at 12:00 PM and will proceed before Magistrate Judge James R. Cho. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. Ordered by Magistrate Judge James R. Cho on 5/17/2021. (Hazelwood, John)
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ORDER re #25 : Plaintiff is to notify the Court by 5/18/2021 whether plaintiff consents or objects to defendants' request #25 . Ordered by Magistrate Judge James R. Cho on 5/17/2021. (Hazelwood, John)
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| Case Reassigned to Magistrate Judge James R. Cho. 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) |
| Filing 24 NOTICE by Jairo Climaco, J.G.M. Trucking, LLC Notice to Execute Transcript (Cooney, Patrick) |
| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Jeffrey Bromfeld, Patrick Cooney. Fact discovery complete. Scheduling of physical examinations and expert discovery remain. Deadlines for completion of expert discovery: plaintiffs expert disclosures 3/19/21; defendants expert disclosures 5/19/21; completion of expert depositions 6/30/21. Next conference 5/20/21 at 10:00 (same dial-in number and access code.Status Conference held on 12/17/2020 (Levy, Robert) |
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ORDER granting #23 Motion to Adjourn 11/17/20 Conference and correcting typographical error. The next conference is scheduled for 12/17/20 at 12:30. Ordered by Magistrate Judge Robert M. Levy on 10/30/2020. (Levy, Robert)
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| Filing 23 Letter MOTION to Adjourn Conference by Jairo Climaco. (Cooney, Patrick) |
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ORDER granting #22 Motion to Adjourn 11/4/20 Conference to 11/17/20 at 12:30 (same dial-in number and access code) Ordered by Magistrate Judge Robert M. Levy on 10/28/2020. (Levy, Robert)
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| Filing 22 MOTION to Adjourn Conference scheduled for November 4, 2020 by Jairo Climaco, J.G.M. Trucking, LLC. (Cooney, Patrick) |
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ORDER granting #20 Motion to Withdraw as Attorney -- The application is granted; attorney Sherri Anne Jayson terminated. Ordered by Judge Eric R. Komitee on 9/26/2020. (Guy, Alicia)
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| Filing 21 NOTICE of Appearance by Patrick J. Cooney on behalf of All Defendants (notification declined or already on case) (Cooney, Patrick) |
| Filing 20 MOTION to Withdraw as Attorney by Jairo Climaco, J.G.M. Trucking, LLC. (Attachments: #1 Certificate of Service) (Jayson, Sherri) |
| Filing 19 Letter MOTION to Adjourn Conference From September 22, 2020 to October 29, 2020 by Jairo Climaco, J.G.M. Trucking, LLC. (Cooney, Patrick) |
| Filing 18 NOTICE of Appearance by Patrick J. Cooney on behalf of All Defendants (aty to be noticed) (Cooney, Patrick) |
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ORDER granting #19 Motion to Adjourn Conference. Telephone Conference adjourned to 11/4/2020 at 12:00 PM 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 9/17/2020. (Marino, Janine)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Michael Marron, Sherri Jayson. (1) Plaintiff shall provide medical lien information. (2) Counsel are still waiting for medical records, which have been delayed as a result of COVID issues. The discovery deadline is extended to 9/18/20. Next conference 9/22/20 at 2:30 (dial-in)(close of fact discovery),Status Conference held on 6/3/2020 (Levy, Robert) |
| Filing 17 STATUS REPORT in Advance of Conference by Jairo Climaco, J.G.M. Trucking, LLC (Jayson, Sherri) |
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ORDER After reviewing the parties status report and in view of the difficulty of obtaining essential medical records as a result of coronavirus restrictions, the conference scheduled for 4/28/20 is adjourned to 6/3/20 at 2:30 by AT&T dial in. The discovery deadline is extended to a date to be set at the 6/3/20 conference.Ordered by Magistrate Judge Robert M. Levy on 4/23/2020. (Levy, Robert)
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Filing 16
SCHEDULING ORDER: The telephone conference set for 4/28/2020 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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| Case Reassigned to Judge Eric R. Komitee. Judge Ann M Donnelly 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: Nicholas Elefterakis, Michael Marron; Sherri Anne Jayson. Fact discovery deadline extended to 4/28/20. IME can be completed during either fact or expert discovery. Next conference 4/28/20 at 2:00 (tel)(close of fact discovery/settlement).Status Conference held on 2/5/2020 (Levy, Robert) |
| Filing 15 NOTICE of Appearance by Sherri Anne Jayson on behalf of Jairo Climaco, J.G.M. Trucking, LLC (aty to be noticed) (Jayson, Sherri) |
| Filing 14 NOTICE of Appearance by Michael Scott Marron on behalf of Tefilo Martin (aty to be noticed) (Marron, Michael) |
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ORDER: The court adopts parties Proposed Scheduling Order #13 filed by Tefilo Martin. Ordered by Magistrate Judge Robert M. Levy on 10/24/2019. (Marino, Janine)
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| Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Daniel Solinsky for plaintiff; Tara Corsello for defendants. Fact-discovery: 4/24/20; Expert Discovery: 7/24/20. Next conference scheduled for 2/5/20 at 2:30 p.m. by telephone. Rule 26 disclosures complete. Initial Conference Hearing held on 10/22/2019. (Marino, Janine) |
| Filing 13 Proposed Scheduling Order by Tefilo Martin (Solinsky, Daniel) |
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SCHEDULING ORDER: The in-person initial conference scheduled for today, 10/22/2019 at 02:30 PM has been changed to a telephone conference at (718) 613-2340. Plaintiffs' counsel is directed to initiate the conference call.Ordered by Magistrate Judge Robert M. Levy on 10/22/2019. (Marino, Janine)
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| Filing 12 NOTICE of Appearance by Tara Marie Corsello on behalf of All Defendants (aty to be noticed) (Attachments: #1 Affidavit of Service Affidavit of Service for Notice of Appearance) (Corsello, Tara) |
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Filing 11
SCHEDULING ORDER: Initial Conference set for 10/22/2019 at 02:30 PM in Courtroom 11B South before Magistrate Judge Robert M. Levy. Ordered by Magistrate Judge Robert M. Levy on 9/20/2019. (Attachments: #1 IC Questionnaire, #2 Individual Rules) (Marino, Janine)
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| Filing 10 Corporate Disclosure Statement by Jairo Climaco, J.G.M. Trucking, LLC (Attachments: #1 Affidavit of Service Affidavit of Service for Revised 7.1 Statement) (Schwartz, Bryan) |
| Filing 9 DEMAND for Trial by Jury by Tefilo Martin (Solinsky, Daniel) |
| Filing 8 NOTICE of Appearance by Daniel Justus Solinsky on behalf of Tefilo Martin (aty to be noticed) (Solinsky, Daniel) |
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ORDER: The defendants removed this case from state court to federal court on August 6, 2019. However, one of the defendants is an LLC. For purposes of diversity jurisdiction, an LLC takes the citizenship of its members. Avant Cap. Partners v. W108 Dev. LLC, 2016 WL 3660756, at *1 (S.D.N.Y. June 30, 2016). "Consequently, an LLC's jurisdictional statement must identify the citizenship of each of its members as of the date the complaint or notice of removal was filed, and, if those members have members, the citizenship of those members as well." Id. at *2 (citation omitted). The defendants must file an affidavit or revised corporate disclosure statement by August 23, 2019 establishing the existence of subject-matter jurisdiction, or the action will be dismissed for lack of jurisdiction. Ordered by Judge Ann M. Donnelly on 8/15/2019. (Lupo, Brandi)
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| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 6 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 Ann M Donnelly 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. (Bowens, Priscilla) |
| Filing 5 Corporate Disclosure Statement by Jairo Climaco, J.G.M. Trucking, LLC (Schwartz, Bryan) |
| Filing 4 DEMAND for Trial by Jury by Jairo Climaco, J.G.M. Trucking, LLC (Schwartz, Bryan) |
| Filing 3 NOTICE of Appearance by Bryan T. Schwartz on behalf of All Defendants (notification declined or already on case) (Schwartz, Bryan) |
| Filing 2 Civil Cover Sheet.. by Jairo Climaco, J.G.M. Trucking, LLC (Schwartz, Bryan) |
| Filing 1 NOTICE OF REMOVAL by Jairo Climaco, J.G.M. Trucking, LLC from Supreme Court County of Kings, case number 511142/2018. ( Filing fee $ 400 receipt number ANYEDC-11733912) (Attachments: #1 Exhibit Exhibit A- Summons and Complaint with Verified Answer, #2 Exhibit Exhibit B- Discovery Demands, #3 Exhibit Exhibit C- Supplemental Response to Demand for Statement of Damages, #4 Affidavit of Service Affidavit of Service for Notice of Removal-Petition for Removal) (Schwartz, Bryan) |
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