Mitchell v. Caterpillar Inc. et al
| James Mitchell and SOLAR TURBINES INCORPORATED |
| Caterpillar Inc., Oluwamayo A. Okeyoyin and Lease Plan U.S.A., Inc. |
| 1:2019cv06188 |
| November 1, 2019 |
| US District Court for the Eastern District of New York |
| James Orenstein |
| Cheryl L Pollak |
| Motor Vehicle |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
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Filing 29
ORDER DISMISSING CASE, This action is hereby discontinued with prejudice and without costs to any party. (Ordered by Chief Magistrate Cheryl L. Pollak on 3/18/2021) (Galeano, Sonia)
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| Filing 28 STIPULATION of Dismissal by Caterpillar Inc. (Freeman, Timothy) |
| Filing 27 Letter by Caterpillar Inc. (Freeman, Timothy) |
| ELECTRONIC STATUS REPORT ORDER RE #27 : The parties are directed to file a stipulation of discontinuance or a status letter to this Court within thirty (30) days of the date of this Order - 3/15/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 1/29/2021. (Caggiano, Diana) |
| Filing 26 Letter to the Court re: Settlement by Caterpillar Inc., Lease Plan U.S.A., Inc., Oluwamayo A. Okeyoyin (Freeman, Timothy) |
| ELECTRONIC ORDER re #26 Request granted. Settlement conference is adjourned sine die. A stipulation of discontinuance to be filed within 30 days - 1/18/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 12/18/2020. (Caggiano, Diana) |
| Filing 25 NOTICE of Appearance by Joel L. Levine on behalf of James Mitchell (aty to be noticed) (Levine, Joel) |
| ELECTRONIC SCHEDULING ORDER re. #23 - #24 : The Pretrial Conference is converted to a Settlement Conference and is adjourned to 12/22/2020 @ 2:15 PM before Chief Magistrate Cheryl L. Pollak. The Conference will proceed via AT&T conference call. Please dial 877-336-1839 at 2:15 PM. Enter Access code: 380-1746 and security code: 19-6188. So Ordered by Chief Magistrate Cheryl L. Pollak on 11/24/2020. (Moon, Chloe) |
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Filing 24
AMENDED SCHEDULING ORDER: Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): December 21, 2020, at 10:00 a.m. Dispositive motion process started by: December 22, 2020. Joint pretrial order due by: January 22, 2021. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 11/6/2020. (Oliner, Daniel)
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| Filing 23 Letter Adjournment Request by Caterpillar Inc. (Freeman, Timothy) |
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ORDER re #23 Letter filed by Caterpillar Inc. -- The motion is granted. I will enter a separate amended scheduling order reflecting the new deadlines. Ordered by Magistrate Judge James Orenstein on 11/6/2020. (Oliner, Daniel)
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| Case Reassigned to Chief Magistrate Cheryl L. Pollak. 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) |
| Filing 22 NOTICE of Appearance by Justin Stephen Curtis on behalf of James Mitchell (aty to be noticed) (Curtis, Justin) |
| Filing 21 Defendants' ANSWER to Complaint Amended Complaint by All Defendants. (Freeman, Timothy) |
| Filing 20 AMENDED COMPLAINT against SOLAR TURBINES INCORPORATED, filed by James Mitchell. (Wiss, Scott) |
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Filing 19
AMENDED SCHEDULING ORDER: Fact discovery to be completed by: September 14, 2020. Plaintiff's expert disclosures due by: October 14, 2020. Defendants' expert disclosures due by: November 16, 2020. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: November 16, 2020. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): November 30, 2020, at 2:00 p.m. Dispositive motion process started by: December 14, 2020. Joint pretrial order due by: January 14, 2021. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 5/1/2020. (Gutmann, Joseph)
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| Filing 18 STATUS REPORT by Caterpillar Inc., Lease Plan U.S.A., Inc., Oluwamayo A. Okeyoyin (Freeman, Timothy) |
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ORDER re #18 Status Report -- The motion to extend discovery is granted. I will enter a separate amended scheduling order reflecting the new deadlines. The status conference previously scheduled for May 4, 2020, is canceled. Ordered by Magistrate Judge James Orenstein on 5/1/2020. (Gutmann, Joseph)
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ORDER -- The status conference scheduled for May 4, 2020 at 9:30 a.m. is converted to a telephone conference. The call-in information for the telephone conference is 1-877-336-1839 and the access code is 391-4302. I respectfully direct all counsel to call in to the telephone conference five minutes before the conference begins. If any party has any difficulty accessing the telephone conference, please contact chambers at #Orenstein_Chambers@nyed.uscourts.gov. Ordered by Magistrate Judge James Orenstein on 4/30/2020. (Gutmann, Joseph)
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| Filing 17 First MOTION to Withdraw as Attorney by James Mitchell. (Shafeek, Sasha) |
| Filing 16 First Supplemental COMPLAINT w/request to withdraw earlier filing, filed by James Mitchell. (Shafeek, Sasha) |
| Filing 15 First Supplemental COMPLAINT to add Deft Solar Turbines, filed by James Mitchell. (Attachments: #1 Supplement Amended Complaint, #2 Transmittal Stipulation to Add Solar Turbines) (Shafeek, Sasha) |
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ORDER granting #17 Motion to Withdraw as Attorney -- The motion is granted; attorney Sasha Shafeek is terminated. Ordered by Magistrate Judge James Orenstein on 3/13/2020. (Gutmann, Joseph)
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ORDER re #16 Supplemental Complaint -- The motion is granted and the stipulation is so ordered. The plaintiff shall file an amended complaint by March 20, 2020. Ordered by Magistrate Judge James Orenstein on 3/13/2020. (Gutmann, Joseph)
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ORDER granting #14 Motion for Extension of Time to Amend -- The motion is granted on consent; the deadline to amend pleadings and the deadline for joinder of additional parties are each extended to March 13, 2020. All other deadlines in the case management and scheduling order remain in effect. Ordered by Magistrate Judge James Orenstein on 3/1/2020. (Gutmann, Joseph)
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| Filing 14 First MOTION for Extension of Time to Amend pleadings and extend time for joinder of additional defendants by James Mitchell. (Shafeek, Sasha) |
| Filing 13 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge James Orenstein for all further proceedings. Chief Judge Dora Lizette Irizarry no longer assigned to 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. (So Ordered by Chief USDJ Dora L. Irizarry, on 12/18/2019) (Layne, Monique) |
| Case no longer referred to Magistrate Judge James Orenstein. (Layne, Monique) |
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Filing 12
SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: December 16, 2019. First request for production of documents and first request for interrogatories due by: January 15, 2020. Deadline for joinder of additional parties and amendment of pleadings: February 28, 2020. Status Conference (with joint status report due two business days in advance): May 4, 2020, at 9:30 a.m. Fact discovery to be completed by: June 16, 2020. Plaintiff's expert disclosures due by: July 16, 2020. Defendants' expert disclosures due by: August 17, 2020. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: August 17, 2020. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): September 1, 2020, at 9:30 a.m. Dispositive motion process started by: September 15, 2020. Joint pretrial order due by: October 16, 2020. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 12/17/2019. (Orenstein, James)
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| Filing 11 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 12/17/2019. Scheduling: (1) The next status conference will be held on May 4, 2020, at 9:30 a.m. (2) A pretrial conference will be held on September 1, 2020, at 9:30 a.m. Summary: The plaintiff stipulates that the amount in controversy exceeds $75,000 and has no procedural objection to removal. I will enter a case management and scheduling order. (Orenstein, James) |
| Filing 10 Proposed Scheduling Order Joint Discovery Plan & Consent to Magistrate by James Mitchell (Shafeek, Sasha) |
| Filing 9 NOTICE of Appearance by Timothy Robert Ross Freeman on behalf of Caterpillar Inc. (notification declined or already on case) (Freeman, Timothy) |
| Filing 8 NOTICE of Appearance by Scott Lawrence Wiss on behalf of All Plaintiffs (aty to be noticed) (Wiss, Scott) |
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Filing 7
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on, December 17, 2019, at 10:00 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than December 13, 2019, 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 11/13/2019. (Guy, Alicia)
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| Filing 6 ANSWER to Complaint by All Defendants. (Freeman, Timothy) |
| Filing 5 DEMAND for Trial by Jury by James Mitchell (Shafeek, Sasha) |
| Filing 4 NOTICE of Appearance by Sasha Shafeek on behalf of James Mitchell (aty to be noticed) (Shafeek, Sasha) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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 Chief Judge Dora Lizette Irizarry 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. (Davis, Kimberly) |
| Filing 1 NOTICE OF REMOVAL by Caterpillar Inc. from Supreme Court of the State of New York, Kings County, case number 519178/2019. ( Filing fee $ 400 receipt number ANYEDC-12003193) (Attachments: #1 Notice of Related Case Designation, #2 Civil Cover Sheet, #3 Certificate of Service, #4 Notice of Related Case Designation, #5 Notice of Related Case Designation, #6 Rule 26(a) Disclosure, #7 Rule 26(a) Disclosure) (Freeman, Timothy) |
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