Santana v. Vargas et al
| Leomaris Santana |
| Fidelina Vargas, Louis Olivo and Yoelis Olivo |
| 1:2019cv07274 |
| December 30, 2019 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Roanne L Mann |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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ORDER #21 Motion for Hearing. The Court denies without prejudice plaintiff's request for a conference or an order directing defendants to close on the sale of the premises at issue in this case, which was terminated in December 2020 on the basis of a notice of voluntary dismissal signed by both parties but not by the Court (DE #20). The parties are directed to confer in a good faith attempt to resolve their disputes. Any renewed motion filed by plaintiff must address why the Court should not rule as follows: Absent a court order either incorporating the settlement agreement into the order of dismissal or expressly retaining jurisdiction over the settlement agreement, the Court lacks jurisdiction over the parties' dispute. See Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 38182 (1994); StreetEasy, Inc. v. Chertok, 752 F.3d 298, 305 (2d Cir. 2014). Ordered by Magistrate Judge Roanne L. Mann on 6/21/2021. (LK)
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| Filing 22 Letter reply by Louis Olivo, Yoelis Olivo, Fidelina Vargas (Napoletano, Domenick) |
| Filing 21 Letter MOTION for Hearing by Leomaris Santana. (Attachments: #1 Exhibit Exhibit A - Purchase and Sale Agreement) (Yarm, Alexander) |
| Civil Case Terminated. (Guy, Alicia) |
| Filing 20 NOTICE of Voluntary Dismissal by Leomaris Santana (Yarm, Alexander) |
| Filing 19 SETTLEMENT AGREEMENT by Leomaris Santana (Attachments: #1 Exhibit Exhibit A - Listing Agreement) (Yarm, Alexander) |
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ORDER Motion for Extension of Time to File. Granting in substantial part #18 : The Court grants the parties' request for a 30-day extension to file their stipulation of discontinuance. To the extent that all parties consent to have the case assigned to the magistrate judge for all purposes, they should promptly docket a fully executed section 636 consent form as a stand-alone document. Since the settlement of this case does not involve an infant party or Fair Labor Standards Act claim or otherwise require judicial approval, the Court is unclear as to what the parties mean by the statements that the parties consent to this Court's "authority to preside over the settlement agreement" (DE #18) and that defendants' "consent is limited to the terms of the settlement agreement" ((DE #18) footnote). Ordered by Magistrate Judge Roanne L. Mann on 11/2/2020. (LK)
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| Filing 18 Joint MOTION for Extension of Time to File Notice of Discontinuance and Settlement Agreement by Leomaris Santana. (Attachments: #1 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge, #2 Proposed Settlement Agreement) (Yarm, Alexander) |
| Filing 17 TRANSCRIPT of Proceedings held on September 1, 2020, before Judge Mann. Court Transcriber: Transcription Plus II, Inc. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/21/2020. Redacted Transcript Deadline set for 11/2/2020. Release of Transcript Restriction set for 12/29/2020. (Rocco, Christine) |
| Filing 16 Minute Entry for telephonic settlement conference held before Magistrate Judge Roanne L. Mann on 9/1/20:The Court conducts a telephonic settlement conference. The parties reach an agreement in principal to settle the case. They are directed to file their Settlement Agreement and a Stipulation of Discontinuance by November 2, 2020. Should the parties want this Court to review their Settlement Agreement, they should promptly file an executed 636 consent form. See attached Minute Entry. (Vallens, Adrian) |
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ELECTRONIC ORDER: A settlement conference in this case is scheduled for tomorrow morning at 10:00 AM. On August 27, 2020, the Court authorized the parties to send to chambers "documents on which it relies in support of that partys positions on the unresolved issues." Earlier today, counsel for plaintiff emailed the Court documents that it expects to rely on at the conference. However, plaintiff's counsel also submitted an ex parte settlement statement despite not receiving permission to do so. This Court does not ordinarily require or accept ex parte settlement statements. Instead, the Court has counsel debate the factual and legal issues in a portion of the proceeding in which all parties participate, and then, absent an objection from the parties, discusses settlement options off the record in ex parte breakout sessions with each party. Accordingly, prior to tomorrow's conference, counsel for plaintiff should email counsel for defendants with a copy of their ex parte letter, with the following optional redactions: -The last sentence of footnote 5 (page 2). -The last two sentences of the first paragraph (page 3). -The last two sentences of the second to last paragraph (page 3). Ordered by Magistrate Judge Roanne L. Mann on 8/31/2020. (Vallens, Adrian)
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ORDER granting #15 Motion to Appear by Telephone. A telephonic settlement conference will be held on September 1, 2020 at 10:00 a.m. By August 31, 2020, each party shall supply the Court with documents on which it relies in support of that party's positions on the unresolved issues. Logistical details will follow. Ordered by Magistrate Judge Roanne L. Mann on 8/27/2020. (LK)
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| Filing 15 Joint MOTION to Appear by Telephone for Requested Conference and Status Update by Leomaris Santana. (Yarm, Alexander) |
| Filing 14 STATUS REPORT Submitted Jointly by Plaintiff and Defendants by Leomaris Santana (Yarm, Alexander) |
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STATUS REPORT ORDER re #14 filed by Leomaris Santana. A joint updated status report is due by August 31, 2020. The September 1st fact discovery deadline remains unchanged. Ordered by Magistrate Judge Roanne L. Mann on 6/29/2020. (Proujansky, Josh)
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| Filing 13 First MOTION to Adjourn Conference (Joint Letter on behalf of Plaintiff and Defendants) by Leomaris Santana. (Yarm, Alexander) |
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ORDER #13 Motion to Adjourn Conference. The parties' joint request to adjourn the June 25th settlement conference sine die is granted. A joint updated status report is due by June 29, 2020. Ordered by Magistrate Judge Roanne L. Mann on 5/20/2020. (LK)
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| Filing 12 Minute Entry for Telephonic Initial Conference held before Magistrate Judge Roanne L. Mann on 3/31/2020. Fact discovery to be completed by September 1, 2020. Pleadings may be amended and new parties added by June 29, 2020. A settlement conference is scheduled for June 25, 2020 @ 10:30 AM. By May 20, 2020, the parties shall file a joint status report indicating whether it is still necessary to go forward with the settlement conference. The Court defers setting deadlines for expert discovery and requests for a pre-motion conference. See attached Minute Entry. (Vallens, Adrian) |
| ELECTRONIC ORDER: Pursuant to the Court's March 31st Minute Entry (DE #15), a settlement conference is set for 6/25/2020 @ 10:30 AM in Courtroom 13C South before Magistrate Judge Roanne L. Mann. (Vallens, Adrian) |
| Filing 11 REPORT of Rule 26(f) Planning Meeting (Yarm, Alexander) |
| Filing 10 First MOTION to Appear by Telephone for the Initial Conference (on behalf of Plaintiff and Defendants) by Leomaris Santana. (Yarm, Alexander) |
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ELECTRONIC ORDER granting #10 Motion to Appear by Telephone. The parties' joint application is granted. The March 31st initial conference will be conducted telephonically. The parties are instructed to contact the Court using the following conference line and dial-in information: toll free number 1-877-336-1839; access code 6672833. If the parties are initially unable to connect to the call, please keep trying as the third-party conference call system has been overloaded at times. At least one day prior to the conference, counsel shall docket their jointly completed initial conference questionnaire into the court file. Ordered by Magistrate Judge Roanne L. Mann on 3/18/2020. (Proujansky, Josh)
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Filing 9
SCHEDULING ORDER: An Initial Conference is set for March 31, 2020 @ 12:00 p.m. in Courtroom 13C South, 225 Cadman Plaza East, Brooklyn, New York before Magistrate Judge Roanne L. Mann. SEE ATTACHED ORDER AND MANDATORY REQUIREMENTS FOR CONFERENCE. ****NOTE: bring the number of copies for distribution of the completed initial conference questionnaire to the conference that you will need. Ordered by Magistrate Judge Roanne L. Mann on 3/9/2020. (LK)
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| Filing 8 ANSWER to #1 Complaint, by All Defendants. (Napoletano, Domenick) |
| Case Reassigned to Judge Eric R. Komitee. Judge Kiyo A. Matsumoto 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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ORDER granting, on consent #7 Motion for Extension of Time to Answer All Defendants. Answer is due February 24, 2020. Ordered by Magistrate Judge Roanne L. Mann on 2/10/2020. (LK)
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| Filing 7 First MOTION for Extension of Time to File Answer re #6 Summons Returned Executed by Fidelina Vargas. (Napoletano, Domenick) |
| Filing 6 SUMMONS Returned Executed by Leomaris Santana. Louis Olivo served on 1/10/2020, answer due 1/31/2020; Yoelis Olivo served on 1/13/2020, answer due 2/3/2020; Fidelina Vargas served on 1/10/2020, answer due 1/31/2020. (Carr, Michael) |
| Filing 5 NOTICE of Appearance by Alexander Richard Yarm on behalf of Leomaris Santana (aty to be noticed) (Yarm, Alexander) |
| Filing 4 Summons Issued as to Louis Olivo, Yoelis Olivo, Fidelina Vargas. (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 Kiyo A. Matsumoto and Chief Magistrate Judge Roanne L. Mann. 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 Defendants filing fee $ 400, receipt number ANYEDC-12199083 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Leomaris Santana. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Summons, #6 Civil Cover Sheet) (Carr, Michael) |
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