Lifchits v. Integon National Insurance Co. et al
Plaintiff: Pavel Lifchits
Defendant: Integon National Insurance Co. and Key 4U Transporation Corp. Bus
Case Number: 1:2020cv03749
Filed: August 17, 2020
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Lois Bloom
Referring Judge: William F Kuntz
Nature of Suit: Motor Vehicle Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2020 Filing 69 RESPONSE to Discovery Request from Key4U Transport Corp. Bus by Key 4U Transporation Corp. Bus. (Cooper, Diane)
September 23, 2020 Opinion or Order ORDER: The Court held a telephone conference in plaintiff's diversity action on September 23, 2020. Ms. Diane Cooper appeared for defendant Key 4U Transportation Corp. Bus. Plaintiff Mr. Pavel Lifchits appeared pro se accompanied by his son. Because Mr. Lifchits' son stated that his father would not be able to proceed without a Russian interpreter, the Court never went on the record and instead scheduled another conference. Although the Court explained that there is no right to an interpreter in a civil action, the Court shall try to arrange a Russian interpreter for the next conference. The Court shall hold a telephone conference in this action on October 20, 2020, at 12:00 p.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 12:00 p.m. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be filed with the Court by October 13, 2020. Defendant's counsel is directed to email plaintiff a copy of this Order as a courtesy. Ordered by Magistrate Judge Lois Bloom on 9/23/2020. (Downs, Abigail)
September 22, 2020 Opinion or Order ORDER: Plaintiff requests a Russian-speaking interpreter for the telephone conference in this action on September 23, 2020. See ECF No. 68. As there is no right to an interpreter in a civil case, the request is denied. However, plaintiff is advised that he may choose to be accompanied by someone who can help him to understand the proceedings, such as a friend or family member. Defendant's counsel is directed to contact plaintiff forthwith by telephone to notify him of this Order and to email him a copy of this Order as a courtesy. Ordered by Magistrate Judge Lois Bloom on 9/22/2020. (Downs, Abigail)
September 18, 2020 Opinion or Order Filing 67 Order re: Notice of Consent to Change Attorney. Attorney Diane C. Cooper added as counsel for Key 4U Transporation Corp. Bus. Attorney William J. Flanagan terminated. SO Ordered by Judge William F. Kuntz, II on 9/18/2020. (Tavarez, Jennifer)
September 17, 2020 Filing 66 DISCLOSURE of Interested Parties by Key 4U Transporation Corp. Bus. (Cooper, Diane)
September 17, 2020 Filing 65 NOTICE of Appearance by Diane C. Cooper on behalf of Key 4U Transporation Corp. Bus (aty to be noticed) (Cooper, Diane)
September 17, 2020 Filing 64 NOTICE of Consent to Change Attorney by Diane C. Cooper for Defendant, Key4U (Cooper, Diane)
September 16, 2020 Filing 68 MOTION for Leave to File Document re: Request for Russian Interpretor by Pavel Lifchits. (Tavarez, Jennifer)
August 28, 2020 Opinion or Order Filing 63 ORDER: The Court shall hold a telephone conference in this case on 9/23/2020 at 10:30 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 10:30 a.m. No planning conference pursuant to Rule 26(a) shall be required at this time. SO ORDERED by Magistrate Judge Lois Bloom, on 8/28/2020. C/mailed. (Telephone Conference set for 9/23/2020 at 10:30 a.m. before Magistrate Judge Lois Bloom.) (Latka-Mucha, Wieslawa)
August 20, 2020 Opinion or Order ORDER finding as moot Motion for Leave to Proceed in forma pauperis. So Ordered by Judge William F. Kuntz, II on 8/20/2020. (Stykes, Jacqueline)
August 17, 2020 Filing 62 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)
August 17, 2020 Filing 61 Case transferred in from District of Massachusetts; Case Number 1:18-cv-12637. Original file certified copy of transfer order and docket sheet received.
August 17, 2020 Filing 60 Case transferred to District of Eastern District of New York. Electronic file sent to Clerk in that district. (McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
August 17, 2020 Filing 59 Judge Allison D. Burroughs: O MEMORANDUM AND ORDER entered. Integon's motion to dismiss, [ECF No. #38 ], is GRANTED and Key4U's motion to dismiss, [ECF No. #40 ], is DENIED. This action will be transferred to the Eastern District of New York for further proceedings. SO ORDERED. (McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
May 26, 2020 Filing 58 MANDATE of USCA as to #37 Notice of Appeal filed by Pavel Lifchits. Appeal #37 Terminated (Paine, Matthew) [Transferred from Massachusetts on 8/17/2020.]
May 4, 2020 Filing 57 USCA Judgment as to #37 Notice of Appeal filed by Pavel Lifchits. APPEAL DISMISSED... (Paine, Matthew) [Transferred from Massachusetts on 8/17/2020.]
March 17, 2020 Filing 56 Copy re 55 Order on Motion for Hearing mailed to Pavel Lifchits on 3/17/2020. (McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
March 17, 2020 Filing 55 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff's motion for hearing, [ECF No. #54 ], is DENIED. The court will inform the parties if it determines that a hearing is necessary. (McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
March 13, 2020 Filing 54 MOTION for Hearing re 52 Order by Pavel Lifchits.(McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
February 27, 2020 Filing 53 Copy re [Dkt # 52] Order on Motion for Extension of Time, Order on Motion for Leave to Appeal in forma pauperis, mailed to Pavel Lifchits on 2/27/2020. (Pacho, Arnold) [Transferred from Massachusetts on 8/17/2020.]
February 27, 2020 Filing 52 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff's motion for extension of time, [ECF No. #49 ], is GRANTED. As a result, the Court will review Plaintiff's recently-filed opposition, [ECF No. #51 ], as well as his earlier-filed opposition, [ECF No. #47 ], when considering Defendants' motions to dismiss. Plaintiff's motion for leave to appeal in forma pauperis, [ECF No. #50 ], is DENIED for the reasons more fully set forth in the Court's January 22, 2020 Order, [ECF No. #45 ]. Plaintiff may seek permission to proceed on appeal in forma pauperis directly from the United States Court of Appeals for the First Circuit, provided he does so pursuant to Federal Rule of Appellate Procedure 24(a)(5). (Pacho, Arnold) [Transferred from Massachusetts on 8/17/2020.]
February 10, 2020 Filing 51 Opposition re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pavel Lifchits. (McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
February 3, 2020 MOTION for Leave to Proceed in forma pauperis SEE ENTRY #50 by Pavel Lifchits. (Bowens, Priscilla)
February 3, 2020 Filing 50 MOTION for Leave to Appeal in forma pauperis by Pavel Lifchits. (Attachments: #1 Letter) (Pacho, Arnold) [Transferred from Massachusetts on 8/17/2020.]
February 3, 2020 Filing 49 MOTION for Extension of Time by Pavel Lifchits. (Pacho, Arnold) [Transferred from Massachusetts on 8/17/2020.]
January 27, 2020 Filing 48 MEMORANDUM in Opposition re #40 MOTION to Dismiss for Lack of Jurisdiction, improper venue and failure to state a claim, #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pavel Lifchits. (Pacho, Arnold) [Transferred from Massachusetts on 8/17/2020.]
January 27, 2020 Filing 47 Opposition re #40 MOTION to Dismiss for Lack of Jurisdiction, improper venue and failure to state a claim, #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pavel Lifchits. (Pacho, Arnold) [Transferred from Massachusetts on 8/17/2020.]
January 27, 2020 Filing 46 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On January 10, 2020, the Defendants moved to dismiss the complaint. [ECF Nos. #38 , #40 ]. Plaintiff's response to these motions was due on January 24, 2020. Plaintiff is hereby ordered to show cause, in writing by February 5, 2020, why his complaint should not be dismissed for the reasons articulated in Defendants' motions. (Pacho, Arnold) [Transferred from Massachusetts on 8/17/2020.]
January 22, 2020 Filing 45 Judge Allison D. Burroughs: ORDER entered denying #39 Motion for Leave to Appeal in forma pauperis. The Court certifies that the appeal is not taken in good faith. (PSSA, 4) [Transferred from Massachusetts on 8/17/2020.]
January 21, 2020 Filing 44 USCA Case Number 20-1098 for #37 Notice of Appeal filed by Pavel Lifchits. (Paine, Matthew) [Transferred from Massachusetts on 8/17/2020.]
January 17, 2020 Filing 43 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #37 Notice of Appeal. (Paine, Matthew) [Transferred from Massachusetts on 8/17/2020.]
January 10, 2020 Filing 42 MEMORANDUM in Support re #40 MOTION to Dismiss for Lack of Jurisdiction , improper venue and failure to state a claim filed by Key 4U Transporation Corp. Bus. (McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
January 10, 2020 Filing 41 MEMORANDUM in Support re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Integon National Insurance Co.. (McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
January 10, 2020 Filing 40 MOTION to Dismiss for Lack of Jurisdiction , improper venue and failure to state a claim by Key 4U Transporation Corp. Bus. (Attachments: #1 Affidavit, #2 Affidavit)(Flanagan, William) Modified on 1/13/2020 to move Memo onto it's own docket entry (McDonagh, Christina). [Transferred from Massachusetts on 8/17/2020.]
January 10, 2020 Filing 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Integon National Insurance Co.. (Attachments: #1 Affidavit)(Flanagan, William) Modified on 1/13/2020 to separate the Memo of Law to be it's own docket entry. (McDonagh, Christina).[Transferred from Massachusetts on 8/17/2020.]
January 9, 2020 Filing 39 MOTION for Leave to Appeal in forma pauperis by Pavel Lifchits.(McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
January 9, 2020 Filing 37 NOTICE OF APPEAL as to 35 Order, by Pavel Lifchits NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 1/29/2020. (Attachments: #1 Exhibit 1)(McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
December 30, 2019 Filing 36 Copy re 35 Order, mailed to Pavel Lifchits on 12/30/2019. (McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
December 30, 2019 Filing 35 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiffs' Motion for Default Judgment (ECF No. #34 ) is hereby DENIED because Defendants filed their Answers to the Amended Complaint (ECF Nos. #31 , #32 ) on December 16, 2019.(McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
December 26, 2019 Filing 34 Request for notice of default by Pavel Lifchits. (Attachments: #1 Exhibit 1)(McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
December 19, 2019 Filing 33 SUMMONS Returned Executed Key 4U Transporation Corp. Bus served on 12/10/2019, answer due 12/31/2019. (McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
December 16, 2019 Filing 32 ANSWER to #24 Amended Complaint by Integon National Insurance Co..(Flanagan, William) [Transferred from Massachusetts on 8/17/2020.]
December 16, 2019 Filing 31 ANSWER to #24 Amended Complaint by Key 4U Transporation Corp. Bus.(Flanagan, William) [Transferred from Massachusetts on 8/17/2020.]
November 22, 2019 Filing 30 SUMMONS Returned Executed Integon National Insurance Co. served on 11/18/2019, answer due 12/9/2019. (McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
October 3, 2019 Filing 29 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Castilla, Francis) [Transferred from Massachusetts on 8/17/2020.]
October 3, 2019 Case reopened. (Garvin, Brendan) [Transferred from Massachusetts on 8/17/2020.]
October 3, 2019 Filing 28 USMS Service Instructions NOTICE TO PLAINTIFF with Local Rule 4.1.(PSSA, 4) [Transferred from Massachusetts on 8/17/2020.]
October 3, 2019 Filing 27 Judge Allison D. Burroughs: ELECTRONIC ORDER entered denying as moot #26 Motion for Hearing. The Clerk shall issue summonses for service of the defendants. The plaintiff may elect to have service made by the United States Marshal Service. If directed by the plaintiff to do so, the United States Marshal shall serve the summonses, amended complaint (ECF No. 24), Memorandum in Support (ECF No. 7) and this order upon defendants, in the manner directed by the plaintiff, with all costs of service to be advanced by the United States. Notwithstanding Fed. R. Civ. P. 4(m) and Local Rule 4.1, the plaintiff shall have 90 days from the date of this Order to complete service or the case could be dismissed.(PSSA, 4) [Transferred from Massachusetts on 8/17/2020.]
October 1, 2019 Filing 26 MOTION for Hearing by Pavel Lifchits.(McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
September 6, 2019 Filing 25 MANDATE of USCA as to #13 Notice of Appeal filed by Pavel Lifchits. Appeal #13 Terminated (Paine, Matthew) [Transferred from Massachusetts on 8/17/2020.]
August 26, 2019 Filing 24 AMENDED COMPLAINT against All Defendants, filed by Pavel Lifchits.(McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
August 20, 2019 Filing 23 Copy re 22 Order, #21 USCA Judgment mailed to Pavel Lifchits on 8/20/2019. (McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
August 20, 2019 Filing 22 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Consistent with the judgment entered by the First Circuit [ECF No. #21 ] and pursuant to Fed. R. Civ. P. 15(a), plaintiff Pavel Lifchits shall file an amended complaint by August 28, 2019 in which the monetary relief described in Section IV is itemized to allow the Court to determine the amount plaintiff claims for each of the following: "loss of health," damages to his car, and litigation expenses. Failure to timely comply with this Electronic Order will subject this case to dismissal.(McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
August 16, 2019 Filing 21 USCA Judgment as to #13 Notice of Appeal filed by Pavel Lifchits. VACATED AND REMANDED (Paine, Matthew) [Transferred from Massachusetts on 8/17/2020.]
May 14, 2019 Filing 20 Judge Allison D. Burroughs: ELECTRONIC ORDER entered denying #19 Motion for Leave to Appeal in forma pauperis for failing to state the issues that he intends to present on appeal. Plaintiff's complaint was dismissed on April 8, 2019 (ECF No. 9) for failing to show good cause why it should not be dismissed for lack of subject matter jurisdiction. Plaintiffs motion for reconsideration was subsequently denied on April 24, 2019 (ECF No. 12). Although Lifchits was granted in forma pauperis status in the instant action, he failed to state the issues that he intends to present on appeal as required by Rule 24(a)(1)(C) of the Federal Rules of Appellate Procedure. Pursuant to Fed. R. App. P. 24(a)(3)(A), this Court certifies to the First Circuit Court of Appeals that plaintiff's appeal is not taken in good faith. This ruling does not preclude Lifchits from obtaining permission to proceed on appeal in forma pauperis directly from the United States Court of Appeals for the First Circuit, provided he does so pursuant to Fed. R. App. P. 24(a)(5). (PSSA, 4) [Transferred from Massachusetts on 8/17/2020.]
May 13, 2019 Filing 19 MOTION (Affidavit) for Leave to Appeal in forma pauperis by Pavel Lifchits.(McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
May 13, 2019 Filing 18 USCA Case Number 19-1477 for #13 Notice of Appeal filed by Pavel Lifchits. (Paine, Matthew) [Transferred from Massachusetts on 8/17/2020.]
May 13, 2019 Filing 17 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #13 Notice of Appeal.(Paine, Matthew) [Transferred from Massachusetts on 8/17/2020.]
May 2, 2019 Filing 16 Copy re #15 Order on Motion for Reconsideration mailed to Pavel Lifchits on 5/2/2019. (McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
May 2, 2019 Filing 15 Judge Allison D. Burroughs: ORDER entered denying #14 Motion for Reconsideration (McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
May 1, 2019 Filing 14 MOTION requesting to delay the Court's Decision from 4/24/2019 about close the case by Pavel Lifchits.(McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
May 1, 2019 Filing 13 NOTICE OF APPEAL as to #9 Memorandum & ORDER, #12 Order on Motion for Reconsideration by Pavel Lifchits NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 5/21/2019. (McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
April 24, 2019 Filing 12 Judge Allison D. Burroughs: ORDER entered denying #11 Motion for Reconsideration. (PSSA, 4) [Transferred from Massachusetts on 8/17/2020.]
April 17, 2019 Filing 11 MOTION for Reconsideration re #9 Memorandum & ORDER by Pavel Lifchits.(McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
April 8, 2019 Filing 10 Judge Allison D. Burroughs: ORDER entered. ORDER DISMISSING CASE(PSSA, 4) [Transferred from Massachusetts on 8/17/2020.]
April 8, 2019 Filing 9 Judge Allison D. Burroughs: ORDER entered. MEMORANDUM AND ORDER. This action is hereby DISMISSED without prejudice pursuant to Fed. R. Civ. P. 12(h)(3) for lack of subject matter jurisdiction.(PSSA, 4) [Transferred from Massachusetts on 8/17/2020.]
April 4, 2019 Filing 8 Letter/request (non-motion) from Pavel Lifchits. (McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
February 25, 2019 Filing 7 Memorandum in Support of his re #1 Complaint against aforenamed Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(McDonagh, Christina) [Transferred from Massachusetts on 8/17/2020.]
February 5, 2019 Filing 6 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered denying #5 Motion for time to serve summons; granting #2 Motion for Leave to Proceed in forma pauperis. The plaintiff must, within twenty-one days of the date of this order, show cause in writing why this action should not be dismissed for the reasons stated above. Failure to do so will result in dismissal of the action. (PSSA, 4) [Transferred from Massachusetts on 8/17/2020.]
February 4, 2019 Filing 5 MOTION regarding service of summons by Pavel Lifchits. (Pacho, Arnold) [Transferred from Massachusetts on 8/17/2020.]
December 26, 2018 Opinion or Order Filing 4 General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Kinsella, Devan) [Transferred from Massachusetts on 8/17/2020.]
December 26, 2018 Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) [Transferred from Massachusetts on 8/17/2020.]
December 26, 2018 Filing 2 MOTION for Leave to Proceed in forma pauperis by Pavel Lifchits. (Attachments: #1 Exhibit) (Kinsella, Devan) [Transferred from Massachusetts on 8/17/2020.]
December 26, 2018 Filing 1 COMPLAINT against All Defendants, filed by Pavel Lifchits. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1) (Kinsella, Devan) [Transferred from Massachusetts on 8/17/2020.]

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Defendant: Integon National Insurance Co.
Represented By: William J. Flanagan
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Defendant: Key 4U Transporation Corp. Bus
Represented By: William J. Flanagan
Represented By: Diane C. Cooper
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Plaintiff: Pavel Lifchits
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