Burnett v. Alaska Airlines Inc. et al
| Isiah Burnett |
| Virgin America, Inc. and Alaska Airlines Inc. |
| 1:2020cv03364 |
| July 27, 2020 |
| US District Court for the Eastern District of New York |
| Roanne L Mann |
| Kiyo A Matsumoto |
| Airplane |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 18, 2020. A more recent docket listing may be available from PACER.
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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)
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| Filing 14 Letter response to docket number 10 by Alaska Airlines Inc. (Eisenberg, Scott) |
| Filing 13 NOTICE of Appearance by Scott P. Eisenberg on behalf of Alaska Airlines Inc. (aty to be noticed) (Eisenberg, Scott) |
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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)
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| Filing 12 Letter by Alaska Airlines Inc., Virgin America, Inc. (Shearer, Douglas) |
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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)
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| Filing 11 RESPONSE to Motion re #10 MOTION to Remand to State Court filed by Alaska Airlines Inc., Virgin America, Inc.. (Shearer, Douglas) |
| 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) |
| Filing 9 SUMMONS Returned Executed by Isiah Burnett. Virgin America, Inc. served on 7/16/2020, answer due 8/6/2020. (Mahoney, Kevin) |
| 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) |
| Filing 7 REPORT of Rule 26(f) Planning Meeting (Mahoney, Kevin) |
| 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) |
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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)
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| Filing 5 ANSWER to Complaint (Notice of Removal) by Alaska Airlines Inc., Virgin America, Inc.. (Attachments: #1 Affidavit of Service) (Shearer, Douglas) |
| 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) |
| 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) |
| Filing 2 Corporate Disclosure Statement by Alaska Airlines Inc., Virgin America, Inc. (Shearer, Douglas) |
| 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) |
| 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) |
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