Burnett v. Alaska Airlines Inc. et al
Plaintiff: Isiah Burnett
Defendant: Virgin America, Inc. and Alaska Airlines Inc.
Case Number: 1:2020cv03364
Filed: July 27, 2020
Court: US District Court for the Eastern District of New York
Presiding Judge: Roanne L Mann
Referring Judge: Kiyo A Matsumoto
Nature of Suit: Airplane
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 18, 2020 Opinion or Order Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Pre-Motion Conference held on 9/16/2020. Appearances: John Mahoney, Esq., for plaintiff. Scott Eisenberg, Esq., for defendants. The court adopted the following briefing schedule for plaintiff's motion to remand: (1) defendants shall serve their opposition to plaintiff's motion to remand no later than September 25, 2020; and (2) plaintiff shall serve its reply, and file the fully-briefed motion to remand no later than October 2, 2020. The parties shall also confer in good faith and discuss the feasibility of settlement. Ordered by Judge Kiyo A. Matsumoto on 9/16/2020. (Court Reporter Linda Marino.) (Brasky, Michael)
September 10, 2020 Filing 14 Letter response to docket number 10 by Alaska Airlines Inc. (Eisenberg, Scott)
September 10, 2020 Filing 13 NOTICE of Appearance by Scott P. Eisenberg on behalf of Alaska Airlines Inc. (aty to be noticed) (Eisenberg, Scott)
September 8, 2020 Opinion or Order ORDER re: MOTION to Remand to State Court filed by Isiah Burnett. The court will hold a telephonic pre-motion conference regarding plaintiff's motion to remand on Wednesday, September 16, 2020 at 12:30 p.m. The parties shall dial into a conference call with chambers by dialing 1-888-684-8852 and entering the following access code: 1312089. Defendants shall respond to plaintiff's submission regarding its bases for remand, filed at ECF No. 10-2, in a letter not to exceed 3 pages, by no later than Friday, September 11, 2020. Ordered by Judge Kiyo A. Matsumoto on 9/8/2020. (Brasky, Michael)
September 2, 2020 Filing 12 Letter by Alaska Airlines Inc., Virgin America, Inc. (Shearer, Douglas)
September 2, 2020 Opinion or Order ELECTRONIC ORDER: Defendant's inquiry should be addressed to the District Court in the first instance, as plaintiff's motion to remand was addressed to Judge Matsumoto, not to this magistrate judge. Ordered by Magistrate Judge Roanne L. Mann on 9/2/2020. (Vallens, Adrian)
September 1, 2020 Filing 11 RESPONSE to Motion re #10 MOTION to Remand to State Court filed by Alaska Airlines Inc., Virgin America, Inc.. (Shearer, Douglas)
August 26, 2020 Filing 10 MOTION to Remand to State Court by Isiah Burnett. (Attachments: #1 Notice of Motion, #2 Memorandum in Support, #3 Affidavit in Support, #4 Exhibit Exhibit A - Virgin America, Inc. Corporate Information, #5 Exhibit Exhibit B - Image of Subject Aircraft, #6 Exhibit Exhibit C - Air Carrier Certificate, #7 Exhibit Exhibit D - Affidavit of Service) (Mahoney, Kevin)
August 20, 2020 Filing 9 SUMMONS Returned Executed by Isiah Burnett. Virgin America, Inc. served on 7/16/2020, answer due 8/6/2020. (Mahoney, Kevin)
August 17, 2020 Filing 8 Minute Entry for telephonic initial conference held before Magistrate Judge Roanne L. Mann on 8/17/20: Fact discovery is to be completed by March 19, 2021. The parties' initial disclosures, including plaintiff's HIPAA authorizations, must be served by August 20, 2020. The parties may amend the pleadings and/or add new parties as of right by October 20, 2020. By November 13, 2020, the parties shall file a joint letter-motion requesting either a settlement conference before the Court or a referral to court-annexed mediation. In that letter-motion, the parties should provide the Court with an approximate time period when they expect to be ready to proceed with settlement negotiations, whether before the Court or a mediator. Plaintiff's medical expert disclosures must be served by February 11, 2021; defendants' medical expert disclosures must be served by March 19, 2021. The Court defers setting deadlines relating to expert depositions, non-medical expert discovery as well as requests for a pre-motion conference with Judge Matsumoto. See attached Minute Entry. (Vallens, Adrian)
August 14, 2020 NOTICE re Initial Conference scheduled for 8/17/2020. To dial-in to the telephone conference, the parties are directed to call (877) 336-1839 and type in the access code 6672833. (Proujansky, Josh)
August 14, 2020 Filing 7 REPORT of Rule 26(f) Planning Meeting (Mahoney, Kevin)
August 3, 2020 Opinion or Order Filing 6 SCHEDULING ORDER: A telephonic initial conference will be held on August 17, 2020 @ 10:00 a.m. before Magistrate Judge Roanne L. Mann. SEE ATTACHED: ORDER, INITIAL CONFERENCE QUESTIONNAIRE, AND MANDATORY REQUIREMENTS FOR CONFERENCE.Counsel are directed to confer to jointly fill out and docket the attached questionnaire by close of business August 14, 2020. Ordered by Magistrate Judge Roanne L. Mann on 8/3/2020. (LK)
July 31, 2020 Filing 5 ANSWER to Complaint (Notice of Removal) by Alaska Airlines Inc., Virgin America, Inc.. (Attachments: #1 Affidavit of Service) (Shearer, Douglas)
July 27, 2020 Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly)
July 27, 2020 Filing 3 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)
July 27, 2020 Case Assigned to Judge Kiyo A. Matsumoto and 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)
July 27, 2020 Filing 2 Corporate Disclosure Statement by Alaska Airlines Inc., Virgin America, Inc. (Shearer, Douglas)
July 27, 2020 Filing 1 NOTICE OF REMOVAL by Alaska Airlines Inc., Virgin America, Inc. from New York State Supreme Court, County of Kings, case number 510883/2020. ( Filing fee $ 400 receipt number ANYEDC-13120156) (Attachments: #1 Civil Cover Sheet) (Shearer, Douglas)

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Defendant: Virgin America, Inc.
Represented By: Douglas Andrew Shearer
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Defendant: Alaska Airlines Inc.
Represented By: Douglas Andrew Shearer
Represented By: Scott P. Eisenberg
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Plaintiff: Isiah Burnett
Represented By: Kevin John Mahoney
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