Atas v. Shtern et al
| Hicri Atas |
| Garry Shtern and Toyota Lease Trust |
| 1:2020cv03733 |
| August 17, 2020 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Steven M Gold |
| Roanne L Mann |
| Kiyo A Matsumoto |
| Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal- Tort/Motor Vehicle ( |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 5, 2022. A more recent docket listing may be available from PACER.
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SCHEDULING ORDER: Parties shall complete all discovery by May 4, 2022, and shall submit a status report by May 4, 2022. Ordered by Magistrate Judge James R. Cho on 3/5/2022. (Grieff, Robin)
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| Filing 27 STATUS REPORT as to arbitration between parties by Garry Shtern (Castronovo, Michael) |
| Filing 26 NOTICE of Appearance by Michael W Castronovo on behalf of Garry Shtern (aty to be noticed) (Castronovo, Michael) |
| Filing 25 MOTION for Extension of Time to Complete Discovery by Garry Shtern. (Camacho, Andres) |
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ORDER granting #25 Motion for Extension of Time to Complete Discovery in light of the parties' agreement to arbitrate this matter. Parties shall complete all discovery by February 28, 2022, and shall submit a status report by March 3, 2022. Ordered by Magistrate Judge James R. Cho on 12/30/2021. (Cho, James)
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ORDER granting in part and denying in part #24 Motion for Discovery, as discussed during the conference held on 12/23/2021. Ordered by Magistrate Judge James R. Cho on 12/27/2021. (Gillespie-Cardo, Saudia)
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| Minute Entry: Discovery Hearing held on 12/23/2021 before Magistrate Judge James R. Cho. Counsel for all parties appeared. Per agreement between the parties, plaintiff will sign authorizations to allow defendant to obtain plaintiff's post-accident employment attendance records, and for defendant to obtain insurance records from prior accidents. Parties also indicated that they may opt to arbitrate this matter, but are still discussing parameters. (AT&T Conference Bridge.) (Gillespie-Cardo, Saudia) |
| Filing 24 MOTION for Discovery by Garry Shtern. (Camacho, Andres) |
| Minute Entry for Settlement Conference proceedings held on 12/21/2021 before Magistrate Judge James R. Cho: appearances by Michael Krigsfeld for plaintiff and Andres Javier Camacho for defendant. Parties are far apart on settlement, but are encouraged to continue discussing settlement privately. Parties also encouraged to consider arbitration. Parties raised a potential discovery issue. Parties to submit a joint letter regarding the pending discovery matter by 12/22/2021. Discovery conference scheduled for 12/23/2021 at 2 p.m. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. (FTR Log #AT&T Conference Bridge.) (Maneval, Sarah) |
| Filing 23 Letter Ex Parte Settlement Letter by Hicri Atas (Krigsfeld, Michael) |
| Filing 22 Fourth MOTION for Extension of Time to Complete Discovery by Garry Shtern. (Camacho, Andres) |
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ORDER granting #22 Motion for Extension of Time to Complete Discovery. The parties' request for an extension of time to complete discovery to December 30, 2021 is granted. The settlement conference set for December 21, 2021 will proceed as scheduled. Ordered by Magistrate Judge James R. Cho on 11/29/2021. (Grieff, Robin)
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| Filing 21 NOTICE of Appearance by Michael Krigsfeld on behalf of Hicri Atas (aty to be noticed) (Krigsfeld, Michael) |
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ORDER granting #20 Motion for Extension of Time to Complete Discovery. The parties' request for an extension of time to complete discovery to November 30, 2021 is granted. The settlement conference previously set for October 26, 2021 is adjourned to December 21, 2021 at 10:00 AM before Magistrate Judge James R. Cho. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. The parties are directed to submit ex parte settlement letters by December 14, 2021, which may be forwarded by ex parte email to my 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. Ordered by Magistrate Judge James R. Cho on 9/30/2021. (Grieff, Robin)
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| Filing 20 Third MOTION for Extension of Time to Complete Discovery by Garry Shtern. (Camacho, Andres) |
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ORDER granting #19 : The parties' request for an extension of time to complete discovery to October 1, 2021 is granted. The settlement conference previously set for August 26, 2021 is adjourned to October 26, 2021 at 11:00 AM before Magistrate Judge James R. Cho. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. The parties are directed to submit ex parte settlement letters by October 19, 2021, which may be forwarded by ex parte email to my 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. Ordered by Magistrate Judge James R. Cho on August 19, 2021. (Grieff, Robin)
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| Filing 19 Second MOTION for Extension of Time to Complete Discovery by Hicri Atas. (Hoffman, Steven) |
| Filing 18 MOTION to Adjourn Conference by Garry Shtern. (Camacho, Andres) |
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ORDER granting #18 Motion to Adjourn Conference. The time to complete fact discovery is extended to September 3, 2021. The Telephonic-Settlement Conference previously scheduled for July 23, 2021 is adjourned to August 26, 2021 at 10:30 a.m. before the undersigned. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. Parties to submit ex parte settlement letters by August 19, 2021. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 7/13/2021. (Gillespie, Saudia)
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| Filing 17 MOTION to Withdraw as Attorney by Hicri Atas. (Kim, Albert) |
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ORDER granting #17 Motion to Withdraw as Attorney. Attorney Albert K. Kim terminated. Ordered by Magistrate Judge James R. Cho on 6/23/2021. (Gillespie, Saudia)
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SCHEDULING ORDER: This case has been reassigned to Magistrate Judge James R. Cho for pretrial purposes. A Telephonic-Settlement Conference will be held on July 23, 2021 at 3:00 p.m. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. The parties are directed to submit ex parte settlement letters by July 16, 2021, which may be forwarded by ex parte email to my 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. If the parties believe a settlement conference would not be productive, they should submit a letter by July 16, 2021 requesting the settlement conference be converted 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 6/21/2021. (Gillespie, Saudia)
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| Filing 16 Letter Joint Status Letter by Hicri Atas (Hoffman, Steven) |
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STATUS REPORT 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 Roanne L. Mann on January 12, 2021. The parties are directed to file a joint status report letter requesting either a settlement conference or referral to court-annexed mediation, by June 18, 2021. Ordered by Magistrate Judge James R. Cho on 4/16/2021. (Gillespie, Saudia)
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| Case Reassigned to Magistrate Judge James R. Cho. Magistrate Judge Roanne L. Mann 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) |
| Case Reassigned to Magistrate Judge Roanne L. Mann. Magistrate Judge Steven M. Gold 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. (Gillespie, Saudia) |
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ORDER This case has been reassigned from Judge Gold to this magistrate judge for pretrial purposes. The parties are directed to comply with the schedule set by Judge Gold (see DE #15), except that the October 8, 2021 proceeding is cancelled; instead, the parties are directed to file a joint status report/letter-motion requesting either a settlement conference or referral to court-annexed mediation, by June 18, 2021. Ordered by Magistrate Judge Roanne L. Mann on 1/12/2021. (LK)
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| Filing 15 Minute Entry: Telephone Conference held on 10/29/2020 before Magistrate Judge Steven M. Gold. Hoffman for plaintiff, Camacho for defendant. The affirmative defense based on service is withdrawn unless a good faith basis for it is asserted in a letter to the court filed within one week. The case management schedule proposed by the parties, calling among other things for completion of Rule 26(a)(1) discovery by November 12, 2020, completion of fact discovery by July 30, 2021, disclosure of plaintiffs' expert reports by August 31, 2021, and disclosure of defendant's expert reports by September 30, 2021, is approved. THE COURT WILL HOLD A FURTHER CONFERENCE AT 2:00 PM ON October 8, 2021. The parties shall be prepared (1) to state their respective positions on settlement, with PRINCIPALS WITH FULL SETTLEMENT DECISION-MAKING AUTHORITY (UP TO THE AMOUNT LAST DEMANDED FOR DEFENDANTS, DOWN TO THE AMOUNT LAST OFFERED FOR PLAINTIFFS) PRESENT OR AVAILABLE BY TELEPHONE THROUGHOUT THE CONFERENCE, and(2) to articulate the basis for any anticipated summary judgment motions and to be familiar with any premotion conference procedures required by the district judge presiding over the case. Counsel are encouraged to file a written application requesting a settlement conference on an earlier date if they believe it might be productive to do so. (Gillespie, Saudia) |
| Filing 14 Proposed Scheduling Order by Hicri Atas (Hoffman, Steven) |
| Filing 13 NOTICE of Appearance by Steven Hoffman on behalf of Hicri Atas (aty to be noticed) (Hoffman, Steven) |
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Filing 12
SCHEDULING ORDER: A telephonic-initial conference will be held on October 29, 2020 at 2:30 p.m. before the undersigned. Counsel for all parties must participate. Counsel shall confer with each other, complete the attached initial conference questionnaire and electronically file two days prior to the conference. Each party is directed to call the following conference number: 877-336-1839 and use access code 3482793. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 9/10/2020. (Attachments: #1 Chamber's Individual Rules) (Gillespie, Saudia)
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Filing 11
Order Dismissing Parties: Party Toyota Lease Trust terminated.Ordered by Judge Kiyo A. Matsumoto on 9/10/2020. (Williams-Jackson, Sandra)
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| Filing 10 STIPULATION of Dismissal as to Toyota Lease Trust only by Toyota Lease Trust (Aaron, Clifford) |
| Filing 9 CERTIFICATE OF SERVICE by Toyota Lease Trust of Notice of Removal (Aaron, Clifford) |
| Filing 8 NOTICE by Garry Shtern Demand for a trial by jury (Camacho, Andres) |
| Filing 7 NOTICE of Appearance by Andres Javier Camacho on behalf of Garry Shtern (aty to be noticed) (Camacho, Andres) |
| Filing 6 DEMAND for Trial by Jury by Hicri Atas (Kim, Albert) |
| Filing 5 NOTICE of Appearance by Albert K Kim on behalf of Hicri Atas (aty to be noticed) (Kim, Albert) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Filing 2 Corporate Disclosure Statement by Toyota Lease Trust identifying Corporate Parent Toyota Motor Corporation for Toyota Lease Trust. (Aaron, Clifford) |
| Filing 1 NOTICE OF REMOVAL by Toyota Lease Trust from Supreme Court, Kings County, case number 508838/2020. ( Filing fee $ 400 receipt number ANYEDC-13221747) (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Answer by Toyota Lease Trust, #3 Exhibit Answer by Defendant Shtern, #4 Exhibit Response to Demand for Ad Damnum, #5 Exhibit Police Report, #6 Exhibit Consent by Defendant Shtern for Removal, #7 Civil Cover Sheet) (Aaron, Clifford) |
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Steven M. Gold. 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. (Bowens, Priscilla) |
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