Nowicki v. National Railroad Passenger Corp.
Plaintiff: Adam Nowicki
Defendant: National Railroad Passenger Corp.
Case Number: 1:2019cv06209
Filed: November 4, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Pamela K Chen
Referring Judge: Peggy Kuo
Nature of Suit: Federal Employer's Liability
Cause of Action: 45 U.S.C. § 51 Railways: Fed. Employer's Liability Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 2, 2020 Filing 18 Proposed Scheduling Order by Adam Nowicki (Wietzke, Marc)
December 24, 2019 Filing 17 NOTICE of Appearance by Elizabeth Jo DeSalvo on behalf of National Railroad Passenger Corp. (aty to be noticed) (DeSalvo, Elizabeth)
December 20, 2019 Filing 16 ANSWER to #1 Complaint by National Railroad Passenger Corp.. (Ree, Sophia)
December 20, 2019 Filing 15 Corporate Disclosure Statement by National Railroad Passenger Corp. identifying Other Affiliate American Premier Underwriters, Inc., Other Affiliate Berkshire Hathaway, Other Affiliate American Financial Group, Inc., Other Affiliate Passenger Railroad Insurance Limited, Other Affiliate Washington Terminal Company, Other Affiliate Burlington Northern and Santa Fe LLC, Other Affiliate Canadian Pacific Railway, Other Affiliate Canadian National Railway for National Railroad Passenger Corp.. (Ree, Sophia)
November 12, 2019 Filing 14 WAIVER OF SERVICE Returned Executed by Adam Nowicki. National Railroad Passenger Corp. waiver sent on 10/24/2019, answer due 12/23/2019. (Wietzke, Marc)
November 5, 2019 Opinion or Order Filing 13 SCHEDULING ORDER: An Initial Conference will be held in this case on January 17, 2020 at 10:00 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. Plaintiff's counsel is directed to serve a copy of this Order on defendant and file proof of service on the docket. Ordered by Magistrate Judge Peggy Kuo on 11/5/2019. (Attachments: #1 Proposed Discovery Plan) (Riquelme, Claudia)
November 4, 2019 Filing 12 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)
November 4, 2019 Filing 11 Case transferred in from District of New York Southern; Case Number 1:19-cv-09595. Original file certified copy of transfer order and docket sheet received.
November 4, 2019 The case of Nowicki v. National Railroad Passenger Corp., has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 19cv6209. 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. (Bowens, Priscilla)
October 31, 2019 Opinion or Order Filing 10 MEMORANDUM OPINION AND ORDER: Accordingly, the Clerk of Court is directed to transfer this case to the Eastern District of New York forthwith (i.e., without waiting the seven days specified in Local Civil Rule 83.1) and to close the case on this Court's docket. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/31/2019) (ama) [Transferred from New York Southern on 11/4/2019.]
October 31, 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 (ama) [Transferred from New York Southern on 11/4/2019.]
October 23, 2019 Opinion or Order Filing 9 MEMO ENDORSEMENT on re: #8 Letter filed by Adam Nowicki. ENDORSEMENT: Counsel's letter is not actually responsive to the Court's Order. The Court did not suggest that venue in this district was improper; it suggested that, as a matter of its discretion, transfer to the Eastern District "for the convenience of parties and witnesses, in the interest of justice," 28 U.S.C. 1404(a), might be warranted. Plaintiff is free to submit a supplemental letter addressing that question within one week of this endorsement. Per the Court's prior order, Defendant has until the later of November 1, 2019 or one week after it enters a notice of appearance to respond. Within eight days, Plaintiff shall serve a copy of this endorsed letter, the Court's original Order to Show Cause, the Notice of Initial Pretrial Conference, and any supplemental submission on Defendant and shall file proof of such service. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/23/2019) (jca) [Transferred from New York Southern on 11/4/2019.]
October 22, 2019 Filing 8 LETTER addressed to Judge Jesse M. Furman from Marc Wietzke dated October 22, 2019 re: Response to Order to Show Cause. Document filed by Adam Nowicki.(Wietzke, Marc) [Transferred from New York Southern on 11/4/2019.]
October 18, 2019 Opinion or Order Filing 7 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/15/2020 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman and further set forth in this Order. (Signed by Judge Jesse M. Furman on 10/18/2019) (rro) [Transferred from New York Southern on 11/4/2019.]
October 18, 2019 Opinion or Order Filing 6 ORDER TO SHOW CAUSE. It is hereby ORDERED that Plaintiff is to show cause in writing no later than October 25, 2019, why this case should not be transferred to the Eastern District of New York. If Plaintiff files a response to this Order, and the Court does not rule on the issue, Defendant may file a response to Plaintiff by the later of November 1, 2019 or one week after it enters a notice of appearance. If Plaintiff does not respond to this Order by October 25, 2019, the Court will transfer the case to the Eastern District of New York without further notice. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/18/19) (yv) [Transferred from New York Southern on 11/4/2019.]
October 18, 2019 Filing 5 CIVIL COVER SHEET filed. (Wietzke, Marc) [Transferred from New York Southern on 11/4/2019.]
October 18, 2019 Filing 4 ELECTRONIC SUMMONS ISSUED as to National Railroad Passenger Corp.. (jgo) [Transferred from New York Southern on 11/4/2019.]
October 18, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Marc Twyman Wietzke to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF was uploaded incorrectly;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) [Transferred from New York Southern on 11/4/2019.]
October 18, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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. (jgo) [Transferred from New York Southern on 11/4/2019.]
October 18, 2019 Case Designated ECF. (jgo) [Transferred from New York Southern on 11/4/2019.]
October 18, 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. (jgo) [Transferred from New York Southern on 11/4/2019.]
October 17, 2019 Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Wietzke, Marc) Modified on 10/18/2019 (jgo). [Transferred from New York Southern on 11/4/2019.]
October 17, 2019 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to National Railroad Passenger Corp., re: #1 Complaint. Document filed by Adam Nowicki. (Wietzke, Marc) [Transferred from New York Southern on 11/4/2019.]
October 17, 2019 Filing 1 COMPLAINT against National Railroad Passenger Corp.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17787668)Document filed by Adam Nowicki.(Wietzke, Marc) [Transferred from New York Southern on 11/4/2019.]

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Plaintiff: Adam Nowicki
Represented By: Marc Twyman Wietzke
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Defendant: National Railroad Passenger Corp.
Represented By: Sophia Ree
Represented By: Elizabeth Jo DeSalvo
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