Simmons v. Torres et al
| Bruce Simmons |
| Samuel Lipskier, Ezrat Israel, Inc., Arcelio Torres and United States of America |
| 1:2020cv00648 |
| February 5, 2020 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Robert M Levy |
| Motor Vehicle |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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| Document Text |
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| Filing 12 REPLY in Support of the United States' motion to dismiss and remand filed by United States of America. (Modafferi, Matthew) |
| Filing 11 REPLY in Opposition filed by Samuel Lipskier. (Camacho, Andres) |
| Filing 10 Letter Brief in Support of United States' Motion to Dismiss by Bruce Simmons (Henderson, David) |
| Filing 9 NOTICE of Appearance by David Liff Henderson on behalf of Bruce Simmons (aty to be noticed) (Henderson, David) |
ORDER: After reviewing the parties' pre-motion conference letters, the Court has determined that a pre-motion conference is not necessary. Defendant United States' letters filed at #3 and #8 are deemed to constitute its motion to dismiss. Plaintiff and defendant Samuel Lipskier may file letter briefs in support of or opposition to the United States' motion to dismiss by March 27, 2020. Defendant United States shall file its reply, if any, by April 3, 2020. If defendant United States objects to the conversion of its pre-motion filings into a motion to dismiss, it may file a letter by March 18, 2020 setting out its objection and proposing an alternative briefing schedule. Ordered by Judge Rachel P. Kovner on 3/13/2020. (Hershey, Kenneth)
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| Filing 8 REPLY in Support of Plaintiff's March 12, 2020 letter seeking dismissal and remand, REPLY in Opposition to defendant Samuel Lipskier's March 11, 2020 letter filed by Arcelio Torres. (Modafferi, Matthew) |
| Filing 7 Letter response to United States' request for a pre-motion conference by Bruce Simmons (Henderson, David) |
| Filing 6 Letter in response to the Court's Order to Show Cause by Bruce Simmons (Henderson, David) |
| Filing 5 REPLY in Opposition Defendant United States pre-motion conference request filed by Samuel Lipskier. (Camacho, Andres) |
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ORDER TO SHOW CAUSE: On February 11, 2020, the United States filed #3 a request for a pre-motion conference. Under the Court's individual rules, plaintiff's response was due by February 18, 2020. On February 20, 2020, because the Court had not received any response letter, the Court ordered plaintiff to respond to the United States' request by February 27, 2020. A copy of the Court's order, along with the United States' letter requesting a pre-motion conference, was mailed to plaintiff's counsel on February 21, 2020. Plaintiff did not file a pre-motion conference response by February 27 and has offered no explanation for his failure to comply with the Court's order that he file such a response. Plaintiff is directed to show cause, in a letter filed on ECF by March 17, 2020, why sanctions should not be imposed on him for his failure to comply with the Court's order. It is further ordered that by March 17, 2020, plaintiff shall file a separate letter responding to the United States' request for a pre-motion conference. Ordered by Judge Rachel P. Kovner on 3/10/2020. (Hershey, Kenneth)
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| Email Notification Test - DO NOT REPLY. (Love, Alexis) |
| Filing 4 NOTICE of Appearance by Andres Javier Camacho on behalf of Samuel Lipskier (aty to be noticed) (Camacho, Andres) |
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ORDER: On February 11, 2020, defendant United States of America filed a #3 letter with the Court requesting a pre-motion conference in accordance with Individual Practice Rule IV.A.1. A reply letter by plaintiff was due to be filed by February 18, 2020 under Individual Practice Rule IV.A.3. Plaintiff is hereby ordered to file and serve his reply letter by February 27, 2020. The letter shall not exceed three pages. Ordered by Judge Rachel P. Kovner on 2/20/2020. (Hershey, Kenneth)
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| Filing 3 Letter MOTION for pre motion conference with respect to the government's proposed motion to dismiss pursuant to FRCP 12(b)(1) and 12(b)(6) by Arcelio Torres. (Modafferi, Matthew) |
| 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) |
| Filing 1 NOTICE OF REMOVAL by Arcelio Torres from Supreme Court of The State of New York Kings County, case number 521811/2019. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) |
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