Madera et al v. United States of America et al
| Karen Madera, David Madera and Darius Jaleel Black |
| United States Postal Service, United States of America, Brittany Turnbull and Edward F. Black, III |
| 1:2019cv06814 |
| December 4, 2019 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Eric R Komitee |
| Peggy Kuo |
| James Orenstein |
| Allyne R Ross |
| Motor Vehicle |
| 28 U.S.C. § 1346 Tort Claim |
| Plaintiff |
Docket Report
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| Filing 41 STIPULATION of Dismissal for defendant Edward F. Black, III by Edward F. Black, III (Mcspedon, Joseph) |
| Civil Case Terminated. (Guy, Alicia) |
Order Dismissing Parties -- As stipulated and agreed between Plaintiffs and defendant United States of America in the joint stipulation #40 filed on September 1, 2021, this claims against the United Stated of America shall be dismissed with prejudice. Ordered by Judge Eric R. Komitee on 9/2/2021. (Guy, Alicia)
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| Filing 40 STIPULATION of Dismissal by United States of America (Cooper, David) |
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STATUS REPORT ORDER: Parties shall file a stipulation of dismissal or status report letter by 9/20/2021. Ordered by Magistrate Judge James R. Cho on 8/19/2021. (Gillespie, Saudia)
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| Filing 39 Letter of status update by David Madera (Devora, Glen) |
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STATUS REPORT ORDER: Parties shall file a stipulation of dismissal or status report letter by 8/16/2021. Ordered by Magistrate Judge James R. Cho on 8/3/2021. (Gillespie, Saudia)
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| Filing 38 STATUS REPORT by United States of America (Cooper, David) |
| Minute Entry: Settlement Conference held on 7/1/2021 before Magistrate Judge James R. Cho. Glen Devora appeared for plaintiffs; AUSA David Cooper appeared for the defendant United States of America; and Sally Monteleone appeared for defendant Edward Black, III. Case settled. Parties shall file a stipulation of dismissal or status report by 8/2/2021. (AT&T Conference Bridge.) (Gillespie, Saudia) |
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ORDER re #37 : The Motion for Extension of Time to Complete Discovery is granted. The Settlement Conference previously set for June 9, 2021 is adjourned to July 1, 2021 at 2:30 p.m. Ex parte settlement letters are due by June 24, 2021. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. Ordered by Magistrate Judge James R. Cho on 5/25/2021. (Maneval, Sarah)
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| Filing 37 Joint MOTION for Extension of Time to Complete Discovery by sixty days, for all upcoming deadlines, Joint MOTION to Adjourn Conference scheduled for June 9, 2021 to a later date convenient for the Court by United States of America. (Cooper, David) |
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SCHEDULING ORDER: This case has been reassigned to Magistrate Judge James R. Cho for pretrial purposes. The parties are directed to comply with the pretrial deadlines set by Magistrate Judge Peggy Kuo on April 6, 2021. The Telephonic-Settlement Conference previously scheduled for June 9, 2021 at 2:15 p.m. will proceed as scheduled. Parties to call (888) 808-6929 and use access code 1065334. Ex parte settlement letters are due by June 2, 2021. Ex parte letters should be emailed to chambers at cho_chambers@nyed.uscourts.gov (note that there is an underlined space between cho and chambers). The ex parte settlement letters shall state (1) the status of settlement discussions; (2) the last demand and offer made, if any; (3) the strengths and weakness of their case; and (4) any information that may assist the Court in helping the parties resolve the matter. The parties are encouraged to discuss settlement prior to submission of the ex parte letters. The ex parte letters shall be limited to five pages exclusive of attachments. The parties should file a written application to the Court by June 2, 2021, if they wish to convert the settlement conference to a status conference. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 4/21/2021. (Gillespie, Saudia)
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| Case Reassigned to Magistrate Judge James R. Cho. Magistrate Judge Peggy Kuo 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 36 Letter MOTION for Extension of Time to File to submit our settlement submissions and an adjournment of the upcoming settlement conference by Edward F. Black, III. (Monteleone, Sally) Modified on 4/6/2021 to reflect that this is a motion to adjourn the settlement conference. (Tran, Tammy) |
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ORDER granting #36 Motion to Adjourn Conference. The Telephone Settlement Conference is adjourned to June 9, 2021 at 2:15 p.m. before Magistrate Judge Peggy Kuo. The Remaining Plaintiffs and Individual Defendant must be present. A representative of the United States with complete settlement authority must be present. Counsel are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference, either with their clients on the line, or share the dial-in information so their clients can call in separately. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail upon receipt of their Settlement Statements. The parties are directed to submit confidential ex parte settlement statements to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by June 1, 2021. The statements must include the last offer and demand, and a frank assessment of the strengths and weaknesses of each party's case. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The Court will schedule ex parte telephone calls with counsel after review of the statements. Ordered by Magistrate Judge Peggy Kuo on 4/6/2021. (O'Neil-Berven, Ryan)
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| Filing 35 NOTICE of Appearance by Sally A. Monteleone on behalf of Edward F. Black, III (aty to be noticed) (Attachments: #1 Affidavit of Service) (Monteleone, Sally) |
| Filing 34 NOTICE of Appearance by Joseph H. Mcspedon on behalf of Edward F. Black, III (notification declined or already on case) (Mcspedon, Joseph) |
| Minute entry for proceedings before Magistrate Judge Peggy Kuo. A scheduling conference was held by telephone on February 11, 2021. Attorney Glen Devora appeared on behalf of Plaintiffs. Attorney David Cooper appeared on behalf of Defendant United States. With Mr. Cooper was Jack Herrick, an intern in Mr. Cooper's office. Attorney Sally Monteleone appeared on behalf of Defendant Edward Black. The Court noted that Ms. Monteleone has not made an appearance in this matter and directed her to file a notice of appearance. Plaintiffs stated that they do not currently expect to undergo surgery. Defendants stated that meaningful settlement discussions can begin after Plaintiffs depositions but before the IMEs.A settlement conference is scheduled for April 27, 2021 at 2:00pm before Magistrate Judge Peggy Kuo. Plaintiffs must be present, as well as a representative of Defendants with settlement authority. The parties are directed to call toll free (877) 336-1274 and input the access code 1453850 at the time of the conference. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail upon receipt of their settlement statements. The parties are directed to submit confidential ex parte settlement statements to Chambers via email by April 19, 2021. The statements must include any information that would be useful in resolving their dispute, including the parties negotiation history, each side's strengths and weaknesses, and any barriers to settlement. For further guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The Court will schedule ex parte telephone calls with counsel after review of the statements. (FTR Log #11:07-11:22am.) (Rand, Matthew) |
| Filing 33 ANSWER to #29 Answer to Amended Complaint, Crossclaim by United States of America. (Cooper, David) |
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Filing 32
ORDER granting #31 Motion for Extension of Time to Complete Discovery. The proposed discovery plan filed at [31-1] is so-ordered. The deadline to certify the close of all discovery via ECF is extended to September 23, 2021. The deadline to request a pre-motion conference in anticipation of a dispositive motion is extended to October 22, 2021. The deadline to file a joint Proposed Pretrial Order is extended to November 22, 2021. The parties are directed to file a joint status report by May 25, 2021 reporting on the close of fact discovery. Ordered by Magistrate Judge Peggy Kuo on 2/2/2021. (O'Neil-Berven, Ryan)
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| Filing 31 Letter MOTION for Extension of Time to Complete Discovery With a Proposed Revised Scheduling Order by United States of America. (Attachments: #1 Proposed Order Revising Scheduling Order) (Cooper, David) |
| Filing 30 NOTICE of Appearance by Joseph H. Mcspedon on behalf of Edward F. Black, III (notification declined or already on case) (Mcspedon, Joseph) |
| Filing 29 ANSWER to #18 Amended Complaint , CROSSCLAIM against United States of America by Edward F. Black, III. (Mcspedon, Joseph) |
| Filing 28 NOTICE of Appearance by David Allen Cooper on behalf of United States of America (aty to be noticed) (Cooper, David) |
| Minute entry for proceedings before Magistrate Judge Peggy Kuo. A telephonic status conference was held on December 2, 2020. Attorney Glen Devora appeared on behalf of Plaintiffs David Madera and Darius Jaleel Black. Attorney Ekta Dharia appeared on behalf of defendant United States. Defendant Edward Black has not appeared in this case. Plaintiff stated that he has been in touch with the lawyers representing defendant Black, who indicated they will be filing an answer shortly. The parties stated that if defendant Black appears in this matter, they would consent to a nunc pro tunc extension of time to file his answer. Plaintiff is directed to contact defendant Black's lawyers and remind them that they need to make an appearance in this matter and move for an extension of time in order to file their answer. Once Defendant Black appears in this matter, the parties are directed to share all discovery with him promptly.The parties stated that paper discovery has been completed and that they are scheduling depositions. However, in light of the pending appearance of defendant Black, the parties made an oral motion to extend fact discovery, which the Court granted. The previous deadline was January 26, 2021. The parties are directed to complete fact discovery by March 26, 2021. The parties are also directed to file a revised proposed scheduling order by February 1, 2021 with agreed-upon dates for all other deadlines.The pre-trial conference currently scheduled for February 11, 2020 at 9:30 am has been converted into a status conference to be held on February 11, 2021 at 11:00am before Magistrate Judge Kuo. The parties are directed to call toll free (877) 336-1274 and input the access code 1453850 at the time of the conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) (FTR Log #11:47am-12:02pm.) (Rand, Matthew) |
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SCHEDULING ORDER: A Telephone Status Conference is scheduled for December 2, 2020 at 11:30 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 11/17/2020. (O'Neil-Berven, Ryan)
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| Case Reassigned to Magistrate Judge Peggy Kuo. 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) |
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Filing 27
Order Dismissing Parties -- All claims in this action are dismissed with prejudice against defendants UNITED STATES POSTAL SERVICE and BRITTANY TURNBULL, who have been substituted by the UNITED STATES OF AMERICA. This dismissal shall not prejudice Plaintiffs action against the UNITED STATES OF AMERICA. Ordered by Judge Eric R. Komitee on 10/14/2020. (Guy, Alicia)
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Filing 26
STIPULATION and Order of Partial Dismissal Against United States Postal Service and Brittany Turnbull and Modification of Caption, Submitted for the Court's Endorsement by United States of America (Dharia, Ekta)
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Filing 25
SCHEDULING ORDER: re #22 First MOTION for Extension of Time to Complete Discovery -- AMENDED SCHEDULING ORDER: Fact discovery to be completed by: January 26, 2021. Plaintiffs' expert disclosures due by: February 26, 2021. Defendants' expert disclosures due by: April 2, 2021. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: April 2, 2021. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): February 11, 2021, at 9:30 a.m. Dispositive motion process started by: May 25, 2021. Joint pretrial order due by: June 25, 2021. The deadlines in this order will be enforced and, in light of the history of this case, will be modified only upon a timely showing of the most compelling and unforeseeable of extraordinary circumstances. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 10/7/2020. (Oliner, Daniel)
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| Filing 24 ANSWER to #18 Amended Complaint by United States of America. (Dharia, Ekta) |
| Filing 23 NOTICE by United States of America of Certification of Scope of Employment and Substitution of United States of America as Party Defendant for Brittany Turnbull (Dharia, Ekta) |
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ORDER granting #22 Motion for Extension of Time to Complete Discovery -- The motion is granted on consent. I will enter a separate amended scheduling order reflecting the new deadlines. Ordered by Magistrate Judge James Orenstein on 10/7/2020. (Oliner, Daniel)
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| Filing 22 First MOTION for Extension of Time to Complete Discovery Correspondence to Hon. James Orenstein by Darius Jaleel Black, David Madera. (Devora, Glen) |
| Filing 21 Letter Correspondence to Hon. James Orenstein by Darius Jaleel Black, David Madera (Devora, Glen) |
| Filing 20 Summons Issued as to Edward F. Black, III. (Ramesar, Thameera) |
| Filing 19 Proposed Summons. Re #18 Amended Complaint, Incorrect Case/Document/Entry Information. by Darius Jaleel Black, David Madera (Devora, Glen) |
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ORDER Dismissing Parties -- As stipulated and agreed between the parties in the joint stipulation of dismissal #17 filed on September 23, 2020, plaintiff Karen Madura's claim is dismissed with prejudice. Ordered by Judge Eric R. Komitee on 9/25/2020. (Guy, Alicia)
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| Incorrect Document re #18 Amended Complaint, can not issue summons, use A0440 Template. (Ramesar, Thameera) |
| Filing 18 AMENDED COMPLAINT supplemental summons and amended complaint against Brittany Turnbull, United States Postal Service, United States of America, filed by Karen Madera, Darius Jaleel Black, David Madera. (Devora, Glen) |
| Filing 17 STIPULATION of Dismissal Executed Stipulation of Partial Dismissal by Darius Jaleel Black, David Madera, Karen Madera (Devora, Glen) |
| Filing 16 Letter correspondence to Judge by Darius Jaleel Black, David Madera, Karen Madera (Devora, Glen) |
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ORDER -- Any request to amend the complaint should report whether the defendants consent to the proposed amendment; in the absence of consent, I respectfully direct the plaintiffs to explain the basis for the requested relief under both Rules 15 and 16 of the Federal Rules of Civil Procedure. Ordered by Magistrate Judge James Orenstein on 9/18/2020. (Oliner, Daniel)
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| Filing 15 Letter Letter to Hon. James Orenstein by Darius Jaleel Black, David Madera, Karen Madera (Devora, Glen) |
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Filing 14
STIPULATION AND ORDER re #13 -- All claims in this action are dismissed with prejudice against defendants UNITED STATES POSTAL SERVICE and BRITTANY TURNBULL, who have been substituted by the UNITED STATES OF AMERICA. Ordered by Judge Eric R. Komitee on 7/9/2020. (Guy, Alicia)
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Filing 13
STIPULATION and Order of Partial Dismissal Against United States Postal Service and Brittany Turnbull and Modification of Caption by United States of America (Dharia, Ekta)
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Filing 12
SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: March 26, 2020. First request for production of documents and first request for interrogatories due by: April 27, 2020. Deadline for joinder of additional parties and amendment of pleadings: March 26, 2020. Fact discovery to be completed by: September 28, 2020. Plaintiffs' expert disclosures due by: November 30, 2020. Defendants' expert disclosures due by: January 29, 2021. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: January 29, 2021. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): February 11, 2021, at 9:30 a.m. Dispositive motion process started by: February 25, 2021. Joint pretrial order due by: March 30, 2021. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 3/26/2020. (Orenstein, James)
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| Filing 11 Minute Entry for proceedings held before Magistrate Judge James Orenstein: Initial Conference Hearing held by telephone on 3/26/2020. Scheduling: The next pretrial conference will be held on February 11, 2021, at 9:30 a.m. Summary: I will enter a separate case management and scheduling order that reflects, with minor modifications, the deadlines set forth in the parties' joint discovery plan. (Orenstein, James) |
| Filing 10 Proposed Scheduling Order of Discovery Schedule Agreed Upon by the Parties and Filed Pursuant to Judge Orenstein's Order by United States of America (Dharia, Ekta) |
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ORDER -- The initial conference scheduled for March 26, 2020 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 3/18/2020. (Gutmann, Joseph)
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| Filing 9 NOTICE of Appearance by Glen Devora on behalf of All Plaintiffs (notification declined or already on case) (Devora, Glen) |
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Filing 8
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on March 26, 2020, at 10:00 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than March 24, 2020 (two business days before the discovery planning conference), 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 2/20/2020. (Gutmann, Joseph)
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| Filing 7 ANSWER to Complaint by United States of America. (Dharia, Ekta) |
| Filing 6 NOTICE of Appearance by Ekta R. Dharia on behalf of United States of America (aty to be noticed) (Dharia, Ekta) |
| Filing 5 NOTICE by United States of America of Certification of Scope of Employment and Substitution of United States of America as Party Defendant for Brittany Turnbull (Dharia, Ekta) |
| Case Reassigned to Judge Eric R. Komitee. Judge Allyne R. Ross 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) |
| Filing 4 Summons Issued as to Brittany Turnbull, United States Postal Service, United States of America, U.S. Attorney and U.S. Attorney General (Davis, Kimberly) |
| 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 Judge Allyne R. Ross 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 COMPLAINT against All Plaintiffs filing fee $ 400, receipt number ANYEDC-12124148 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Karen Madera, Darius Jaleel Black, David Madera. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Devora, Glen) |
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