John Doe v. Poly Prep Country Day School
| Police Officer John Doe |
| Poly Prep Country Day School |
| 1:2020cv04718 |
| October 2, 2020 |
| US District Court for the Eastern District of New York |
| Steven M Gold |
| Kiyo A Matsumoto |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 9 NOTICE by Poly Prep Country Day School re #8 Certification of Issue to State Court,, / Rule 5.1 Notice of Constitutional Challenge (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Bitar, Karen) |
Filing 8
CERTIFICATION: The court hereby certifies that the defendant in this action intends to challenge the New York Child Victim Act, New York Civil Practice Law & Rules Section 214-G (the "CVA"), as unconstitutional under the constitution of the State of New York. Pursuant to 28 U.S.C. 2403(b), the State of New York may intervene on the question of the CVA's constitutionality.The defendant is ordered to serve a copy of this Certification and the notice required under Federal Rule of Civil Procedure 5.1 upon the Attorney General of the State of New York, and to file a declaration of service with the court via ECF by October 30, 2020. Ordered by Judge Kiyo A. Matsumoto on 10/27/2020. (Mayer, Michael)
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| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre-Motion Conference held on 10/27/2020. Appearance for Plaintiff: Jason Hunt Berland, Esq. Appearance for Defendant: Karen Yasmine Bitar, Esq.A pre-motion conference was held to discuss Defendant's anticipated motion to dismiss. Because Defendant intends to challenge the New York Child Victim Act as unconstitutional under the New York constitution, the court will hold Defendant's time to answer the complaint, and any briefing schedule for the intended motion to dismiss, in abeyance until Defendant complies with Federal Rule of Civil Procedure 5.1. Under Rule 5.1, the New York Attorney General will have 60 days from the service of notice to intervene on the question of the state statute's constitutionality. After such time has passed, the parties may propose a mutually-agreeable briefing schedule. The court will separately issue the certification required under 28 U.S.C. 2403(b). (Court Reporter Anthony Mancuso.) (Mayer, Michael) |
| Filing 7 Letter in reply to Defendant's October 16, 2020 Letter by John Doe (Berland, Jason) |
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ORDER granting #6 Motion for Pre-Motion Conference. The court will hold a telephonic pre-motion conference on Tuesday, October 27, 2020 at 11:00 a.m. to discuss the defendant's proposed motion to dismiss or strike. Counsel for both parties shall dial into the conference by calling 1-888-684-8852 and entering the following access code: 1312089. Ordered by Judge Kiyo A. Matsumoto on 10/21/2020. (Mayer, Michael)
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| Filing 6 Letter MOTION for pre motion conference and extension of Defendant's time to answer or otherwise respond to the Complaint by Poly Prep Country Day School. (Bitar, Karen) |
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ORDER: Granting #5 Motion for Extension of Time to Answer. Defendant Poly Prep Country Day School shall answer, move or otherwise respond to the complaint by October 16, 2020. If counsel intends on filing a premotion conference application, they shall do so in accordance with Judge Kiyo A. Matsumoto's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 10/15/2020. (Gillespie, Saudia)
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| Filing 5 Letter dated 10/9/2020 to the Hon. Kiyo A. Matsumoto from Karen Y. Bitar re: writing to advise the Court that the parties have conferred and consented to a one week adjournment of defendant Poly's time to answer under Fed. R. Civ. P. 81(c)(C), or to otherwise respond to the Complaint, by Poly Prep Country Day School (Bitar, Karen) Modified to add motion on 10/15/2020 (Gillespie, Saudia). |
| 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 AFFIDAVIT of Service for Notice of Removal and Exhibits served on Jason H. Berland on October 2, 2020, filed by Poly Prep Country Day School. (Attachments: #1 Notice of Removal and Exhibits) (Bitar, Karen) |
| 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 Poly Prep Country Day School from Supreme Court Kings County, case number 525241/2019. ( Filing fee $ 400 receipt number ANYEDC-13462700) (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Affidavit of Service of Summons and Complaint, #3 Exhibit C - Responses to Common Demand for Verified Bill of Particulars, #4 Civil Cover Sheet) (Bitar, Karen) |
| 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. (Davis, Kimberly) |
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| Plaintiff: Police Officer John Doe | |
| Represented By: | Jason Hunt Berland |
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| Defendant: Poly Prep Country Day School | |
| Represented By: | Karen Yasmine Bitar |
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