Rodriguez et al v. Banks et al
| Yanira Tiburcio and Francis Rodriguez |
| Richard Banks and Cowan Systems, LLC |
| 1:2021cv01786 |
| April 1, 2021 |
| US District Court for the Eastern District of New York |
| Carol Bagley Amon |
| Marcia M Henry |
| Ramon E Reyes |
| Motor Vehicle |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 72 RESPONSE in Opposition re #64 First MOTION to Amend/Correct/Supplement Request to Amend Pre-trial disclosure filed by Richard Banks, Cowan Systems, LLC. (Segal, Jeffrey) |
| Filing 71 MEMORANDUM in Opposition re #53 Notice of MOTION in Limine to preclude lay testimony from plaintiffs claiming inability to work due to the accident filed by All Plaintiffs. (Stolzman, Kardon) |
| Filing 70 MEMORANDUM in Opposition re #49 Notice of MOTION in Limine to Preclude counsel's suggestion of Non-economic number to jury filed by All Plaintiffs. (Stolzman, Kardon) |
| Filing 69 MEMORANDUM in Opposition re #58 MOTION in Limine TO Preclude Googlemaps Photos filed by All Plaintiffs. (Stolzman, Kardon) |
| Filing 68 MEMORANDUM in Opposition re #50 Notice of MOTION in Limine to Preclude Past Medical Bills filed by All Plaintiffs. (Stolzman, Kardon) |
| Filing 67 MEMORANDUM in Opposition re #51 Notice of MOTION in Limine to preclude medical records no expert has reviewed or causally related to accident to redact irrelevant diagnoses which no expert has casually related to accident and to limit lay testimony regarding same filed by All Plaintiffs. (Stolzman, Kardon) |
| Filing 66 MEMORANDUM in Opposition re #47 Notice of MOTION in Limine To Preclude and/or Limit Testimony of Alexios Apazidis, MD as to Plaintiff Francis Rodriguez filed by Francis Rodriguez, Yanira Tiburcio. (Stolzman, Kardon) |
| Filing 65 MEMORANDUM in Opposition to Defendant's MiL to Preclude Plaintiff Tiburcio's Expert, Dr. Apazidis filed by Francis Rodriguez, Yanira Tiburcio. (Stolzman, Kardon) |
| Filing 64 First MOTION to Amend/Correct/Supplement Request to Amend Pre-trial disclosure by Francis Rodriguez, Yanira Tiburcio. (Stolzman, Kardon) |
| Filing 63 First MOTION for Extension of Time to File Response/Reply Re Opposition to Defendants' motions in limine by Francis Rodriguez, Yanira Tiburcio. (Stolzman, Kardon) |
ORDER re #63 Motion for Extension of Time to File Response/Reply. APPLICATION GRANTED. Plaintiffs' oppositions to Defendants' motions in limine are now due 9/21/2023. Ordered by Judge Carol Bagley Amon on 9/1/2023. (AW)
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| Filing 62 RESPONSE in Opposition re #57 MOTION in Limine Limiting References to Non Party Peralta Tiburcio and the unrelated Vehicle filed by Richard Banks, Cowan Systems, LLC. (Attachments: #1 Exhibit a-e) (Segal, Jeffrey) |
| Filing 61 RESPONSE in Opposition re #56 MOTION in Limine Precluding Defendant's Hearsay Statements in Police Report filed by Richard Banks, Cowan Systems, LLC. (Attachments: #1 Exhibit a-b) (Segal, Jeffrey) |
| Filing 60 RESPONSE in Opposition re #55 MOTION in Limine Preclude Defendants' Biomechanical Expert, Jacqueline Divine filed by Richard Banks, Cowan Systems, LLC. (Attachments: #1 Exhibit a-b) (Segal, Jeffrey) |
| Filing 59 Letter re withdrawal Exhibit T by Richard Banks, Cowan Systems, LLC (Segal, Jeffrey) |
| Filing 58 MOTION in Limine TO Preclude Googlemaps Photos by Richard Banks, Cowan Systems, LLC. (Attachments: #1 Certificate of Service, #2 Memorandum in Support Memo of Law - Preclude Googlemaps Photos and evidence of no trucks in left lane signs, #3 Declaration Declaration in Support of Mtn to Preclude Googlemaps Photos, #4 Exhibit A-G) (Segal, Jeffrey) |
| Filing 57 MOTION in Limine Limiting References to Non Party Peralta Tiburcio and the unrelated Vehicle by Francis Rodriguez, Yanira Tiburcio. (Attachments: #1 Exhibit Ex. 1 - D's Ex A - Police Report, #2 Exhibit Ex 2. - D's Ex D - Edwin Peralta Transcript, #3 Exhibit Ex. 3 - D's Ex F - Guillermo Peralta Transcript, #4 Exhibit Ex. 4 - Selected Photos from D's Ex. U) (Stolzman, Kardon) |
| Filing 56 MOTION in Limine Precluding Defendant's Hearsay Statements in Police Report by Francis Rodriguez, Yanira Tiburcio. (Attachments: #1 Exhibit Ex. 1 - D's Ex. A - Police Report) (Stolzman, Kardon) |
| Filing 55 MOTION in Limine Preclude Defendants' Biomechanical Expert, Jacqueline Divine by Francis Rodriguez, Yanira Tiburcio. (Attachments: #1 Exhibit Ex 1 - Divine Reports) (Stolzman, Kardon) |
| Filing 54 MOTION in Limine Precluding Defendants' Accident Report by Francis Rodriguez, Yanira Tiburcio. (Attachments: #1 Exhibit Ex 1. - D's Exhibit T, Accident Report, #2 Exhibit Ex. 2 - Defendants R. 26 Disclosure) (Stolzman, Kardon) |
| Filing 53 Notice of MOTION in Limine to preclude lay testimony from plaintiffs claiming inability to work due to the accident by Richard Banks, Cowan Systems, LLC. (Attachments: #1 Memorandum in Support Memo of Law, #2 Certificate of Service certification of Service, #3 Declaration Declaration in support of exhibits, #4 Exhibit Exhibit A - Plaintiff Tiburcio Rule 26 Expert Disclosures, #5 Exhibit Exhibit B - Plaintiff Rodriguez Rule 26 Expert Disclosures, #6 Exhibit Exhibit C - Narrative Report as to Tiburcio, #7 Exhibit Exhibit D - Narrative Report as to Rodriguez, #8 Exhibit Exhibit E - Dep of Tiburcio, #9 Exhibit Exhibit F - Dr. Apazidis Trans 1, #10 Exhibit Exhibit G - Dr. Apazidis Trans 2) (Segal, Jeffrey) |
| Filing 52 STIPULATION re #38 Proposed Pretrial Order by Richard Banks, Cowan Systems, LLC (Segal, Jeffrey) |
| Filing 51 Notice of MOTION in Limine to preclude medical records no expert has reviewed or causally related to accident to redact irrelevant diagnoses which no expert has casually related to accident and to limit lay testimony regarding same by Richard Banks, Cowan Systems, LLC. (Attachments: #1 Memorandum in Support Memo of Law, #2 Certificate of Service certification of Service, #3 Declaration Declaration in support of exhibits, #4 Exhibit Exhibit A Tiburcio Rule 26 Expert Disclosures, #5 Exhibit Exhibit B Rodriguez Rule 26 expert disclosures, #6 Exhibit Exhibit C - Narrative report as to Tiburcio, #7 Exhibit Exhibit D - Narrative report as to Rodriguez, #8 Exhibit Exhibit E - Exhibit List from Plaintiffs, #9 Exhibit Exhibit F - Dep Trans Apazidis 1, #10 Exhibit Exhibit G - Dep Trans Apazidis 2, #11 Exhibit Exhibit H - Plaintiff's Demostratives) (Segal, Jeffrey) |
| Filing 50 Notice of MOTION in Limine to Preclude Past Medical Bills by Richard Banks, Cowan Systems, LLC. (Attachments: #1 Memorandum in Support Memo of Law, #2 Certificate of Service certification of Service, #3 Declaration Declaration in support of exhibits, #4 Exhibit Exhibit A - Narrative Report as to Tiburcio, #5 Exhibit Exhibit B - Narrative Report as to Rodriguez, #6 Exhibit Exhibit D - Dep of Tiburcio, #7 Exhibit Exhibit E - Pretrial Order, #8 Exhibit Exhibit F - Dep Trans Apazidis 1, #9 Exhibit Exhibit G - Dep Trans Apazidis 2, #10 Exhibit Exhibit C - Dep of Rodriguez) (Segal, Jeffrey) |
| Filing 49 Notice of MOTION in Limine to Preclude counsel's suggestion of Non-economic number to jury by Richard Banks, Cowan Systems, LLC. (Attachments: #1 Memorandum in Support Memo of Law, #2 Certificate of Service certification of Service) (Segal, Jeffrey) |
| Filing 48 Notice of MOTION in Limine to Preclude and/or Limit Testimony of Alexios Apazidis, M.D. as to plaintiff Yanira Tiburcio by Richard Banks, Cowan Systems, LLC. (Attachments: #1 Memorandum in Support Memo of Law, #2 Certificate of Service certification of Service, #3 Declaration Declaration in support of exhibits, #4 Exhibit Exhibit A Dr. Apazidis Narrative, #5 Exhibit Exhibit B -Dr. Apazidis Narrative-Rodriguez, #6 Exhibit Exhibit C Rule 26 Disclosures, #7 Exhibit Exhibit D - Pretrial Order, #8 Exhibit Exhibit E - Dr. Apazidis Trans 1, #9 Exhibit Exhibit F - Dr. Apazidis Trans 2, #10 Exhibit Exhibit G - Deposition Transcript of Plaintiff) (Segal, Jeffrey) |
| Filing 47 Notice of MOTION in Limine To Preclude and/or Limit Testimony of Alexios Apazidis, MD as to Plaintiff Francis Rodriguez by Richard Banks, Cowan Systems, LLC. (Attachments: #1 Memorandum in Support Memo of Law, #2 Certificate of Service certification of Service, #3 Declaration Declaration in support of exhibits, #4 Exhibit Exhibit A Dr. Apazidis Narrative, #5 Exhibit Exhibit B Deposition Transcript of Rodriguez, #6 Exhibit Exhibit C Pretrial Order, #7 Exhibit Exhibit D Plaintiff Expert Disclosure, #8 Exhibit Exhibit E Supp Disclosure, #9 Exhibit Exhibit F Apazidis Trans Vol 1, #10 Exhibit Exhibit G Apazidis Trans Vol 2) (Segal, Jeffrey) |
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ORDER re #44 Motion for Extension of Time to File Motion In Limine. APPLICATION GRANTED. Defendants' motion to preclude Plaintiffs' introduction of certain Google Maps photos is due August 28, 2023, and any opposition to that motion is due September 21, 2023. So Ordered by Judge Carol Bagley Amon on 8/11/2023. (AW)
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| Filing 46 REPLY in Support re #44 Letter MOTION for Extension of Time to File motion preclude plts motion to preclude filed by All Defendants. (Segal, Jeffrey) |
| Filing 45 RESPONSE to Motion re #44 Letter MOTION for Extension of Time to File motion preclude plts motion to preclude filed by All Plaintiffs. (Stolzman, Kardon) |
| Filing 44 Letter MOTION for Extension of Time to File motion preclude plts motion to preclude by Richard Banks, Cowan Systems, LLC. (Attachments: #1 Exhibit A) (Segal, Jeffrey) |
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Minute Entry for proceedings held before Judge Carol Bagley Amon: Initial Pretrial Conference held on 6/26/2023. For Plaintiffs, Kardon Aaron Stolzman. For Defendants, Jeffrey Segal. For Counter-Defendant, Andres Javier Camacho. The Court and the parties reviewed the Joint Pretrial Order and Exhibit Lists, with rulings and orders from the Court made on the record. The parties shall provide any records that they continue to receive on a rolling basis as they are received; requests to exclude such records from evidence can be made as part of the parties' motions in limine, along with any other evidentiary objections and arguments. In addition, settlement discussions were held off the record, and no settlement was reached. The parties are encouraged to continue to discuss settlement. The following dates and deadlines were also set on the record. Defendant is to serve Offers of Judgement by 7/10/23. Motions in Limine shall be filed and served on the following schedule: All motions in limine due 8/14/23, and any oppositions due by 9/7/23. A pretrial status conference will be held in person on 11/14/23 at 2:00 p.m. in Courtroom 10D South. Trial has been set for 12/18/23. So ordered by Judge Carol Bagley Amon on 6/27/23. (Court Reporter Sophie Nolan.) (WF)
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| Filing 43 Letter MOTION to Adjourn Conference of pretrial conference by Richard Banks, Cowan Systems, LLC. (Segal, Jeffrey) |
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ORDER granting #43 Motion to Adjourn Conference. The pretrial conference is adjourned to 6/26/2023 at 2:00 PM in Courtroom 10D South before Judge Carol Bagley Amon. If either party cannot attend a conference on that date, then the parties should jointly propose three new dates and times. Ordered by Judge Carol Bagley Amon on 5/30/2023. (WF)
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SCHEDULING ORDER: Due to a change in the Court's calendar, the Pretrial Conference previously scheduled for 5/31/2023 at 2:00 p.m. is adjourned to 6/21/2023 at 2:00 p.m. The conference will be held before Judge Carol Bagley Amon in Courtroom 10D South. Ordered by Judge Carol Bagley Amon on 5/22/2023. (WF)
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| Filing 42 Exhibit List Defendants objections to Plaintiff's Exhibit List by Richard Banks, Cowan Systems, LLC. (Segal, Jeffrey) |
| Filing 41 Letter Response to Defendants' 4/11/23 ltr request by Francis Rodriguez, Yanira Tiburcio (Stolzman, Kardon) |
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SCHEDULING ORDER: Defendants shall submit their objections to Plaintiffs' exhibits no later than 4/17/2023. The Pretrial Conference is set for 5/31/2023 at 2:00 PM in Courtroom 10D South before Judge Carol Bagley Amon. The question regarding identification of impeachment exhibits will be discussed at the Pretrial Conference. Ordered by Judge Carol Bagley Amon on 4/13/2023. (WF)
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| Filing 40 Letter to court requesting to be relieved of any requirement to identify and produce exhibits/evidence to be used solely for impeachment by Richard Banks, Cowan Systems, LLC (Segal, Jeffrey) |
| Filing 39 Exhibit List Plaintiffs' Exhibit List and Defendants' Exhibit List with Plaintiffs' Objections by Francis Rodriguez, Yanira Tiburcio. (Stolzman, Kardon) |
| Filing 38 Proposed Pretrial Order by Richard Banks, Cowan Systems, LLC (Segal, Jeffrey) |
| Filing 37 Exhibit List by Richard Banks, Cowan Systems, LLC. (Segal, Jeffrey) |
| Filing 36 Letter Letter Response re Extension of FPO by Francis Rodriguez, Yanira Tiburcio (Stolzman, Kardon) |
| Filing 35 Letter objecting to counsel's letter filed on 3-6-2023 by Richard Banks, Cowan Systems, LLC (Segal, Jeffrey) |
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ORDER: The Court is in receipt of Plaintiffs' request for a 60-day extension #34 and Defendants' opposition #35 . In light of the fact that Plaintiffs have provided no reason for the request and Defendants do not consent, Plaintiffs are ordered to file a letter by 5 p.m. today, 3/7/2023, explaining why an extension of that length is needed. Ordered by Judge Carol Bagley Amon on 3/7/2023. (WF)
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SCHEDULING ORDER: Having reviewed the parties' letters ( #34 , #35 , #36 ), the deadline to file the joint pretrial order is extended to 4/10/2023. Ordered by Judge Carol Bagley Amon on 3/7/2023. (WF)
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| Filing 34 Letter Request for extension of time for JPO by Francis Rodriguez, Yanira Tiburcio (Stolzman, Kardon) |
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ORDER re Letter #33 : The parties report that discovery is complete with the exception of one deposition to be finished by 02/09/2023. Accordingly, upon completion of the deposition, discovery is certified closed. The parties are directed to initiate dispositive motions or to file a joint pretrial order in accordance with the individual rules of the Honorable Carol Bagley Amon by 03/09/2023. So Ordered by Magistrate Judge Marcia M. Henry on 02/09/2023. (RC)
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| Filing 33 Letter by Francis Rodriguez, Yanira Tiburcio (Stolzman, Kardon) |
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MINUTE ENTRY AND ORDER: A video settlement conference was held on 01/25/2023 before Magistrate Judge Marcia M. Henry. Kardon Aaron Stolzman, along with Spanish Interpreter Maria-Teresa Viscarra appeared on behalf of the Plaintiffs. Jeffrey Segal appeared behalf of the Defendants. Andres Javier Camacho appeared on behalf of the counter-defendant Rodriguez. Plaintiffs Francis Rodriguez and Yanira Tiburcio; Defendant/Counterclaimant Richard Banks; Herman Funk, representative for Cowan Systems, LLC; Lori Cantone, representative for GEICO Claims and Kimberly Byrdwell, representative for DMC Insurance Company were also present. The parties did not reach an agreement. The deadline for the close of all discovery is 02/07/2023 and the parties shall file a joint status report certifying the close of all discovery by 02/08/2023.So Ordered by Magistrate Judge Marcia M. Henry on 01/25/2023. (Zoom Log # 10:33AM-12:20PM) (RC)
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ORDER re Letter #32 : The 01/25/2023 video settlement conference shall proceed as scheduled. All deadlines in the Court's 11/23/2022 Scheduling Order remain in effect. So Ordered by Magistrate Judge Marcia M. Henry on 12/27/2022. (JD)
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| Filing 32 Letter keep settlement conference by Richard Banks, Cowan Systems, LLC (Segal, Jeffrey) |
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ORDER granting Motion for Extension of Time to Complete Discovery #31 : The parties request a 45-day extension of the close of discovery deadline due to unforeseen personal circumstances. The request is granted. The deadline for the close of all discovery is 02/06/2023. Further extensions are strongly disfavored and are unlikely to be granted. Separate orders for a status conference and for a rescheduled settlement conference shall issue. So Ordered by Magistrate Judge Marcia M. Henry on 12/12/2022. (JD)
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| Filing 31 Letter MOTION for Extension of Time to Complete Discovery expert deadlines by Richard Banks, Cowan Systems, LLC. (Segal, Jeffrey) |
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SCHEDULING ORDER: A video settlement conference is scheduled for 01/25/2023 at 10:00AM before Magistrate Judge Marcia M. Henry. Plaintiff/Counterdefendant Francis Rodriguez, Plaintiff Yanira Tiburcio, Defendants/Counterclaimants Richard Banks and Cowan Systems, LLC, and their respective counsel shall attend. The respective insurance company representatives with full settlement authority also shall attend. Failure to appear may result in sanctions against the non-appearing person(s)/entity. Counsel shall also provide email addresses and phone numbers for counsel and clients to the Court to henry_chambers@nyed.uscourts.gov no later than 01/18/2023, so that the Court may connect the parties to a video conference. Counsel shall review and comply with the Court's Standing Order for Settlement Conferences in preparation for the conference, which is available on the Court's website. Any requests to adjourn the conference shall be filed on ECF by 01/18/2023. So Ordered by Magistrate Judge Marcia M. Henry on 11/23/2022. (RC)
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MINUTE ENTRY AND ORDER: A telephonic status conference was held on 11/22/2022 before Magistrate Judge Marcia M. Henry. Kardon Aaron Stolzman, along with Spanish Interpreter Angelica Filpo appeared on behalf of the Plaintiffs. Jeffrey Segal appeared behalf of the Defendants. Andres Javier Camacho appeared on behalf of the counter-defendant. Plaintiffs Francis Rodriguez and Yanira Tiburcio; Herman Funk, representative for Cowan Systems, LLC; and Kimberly Byrdwell, representative for DMC Insurance Company were also present. Defendant/Counterclaimant Richard Banks did not appear.The parties reported some progress with discovery, including expert depositions scheduled in December 2022. The Court reminded the parties that the deadline for the close of discovery remains 12/23/2022. (08/29/2022 Order). The parties further advised regarding their delayed mediation. A settlement conference shall be held on 01/25/2023 at 10:00 AM. A separate scheduling order shall issue. The Court reminded the parties that failure to appear pursuant to a court order could be grounds for sanctions. The deadline for the parties to initiate dispositive motions pursuant to the Honorable Carol Bagley Amon's Individual Rules is adjourned sine die pending the outcome of the settlement conference. So Ordered by Magistrate Judge Marcia M. Henry on 11/21/2022. (AT&T Log # 4:10PM-4:47PM) (RC)
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SCHEDULING ORDER: A telephone status conference is scheduled for 11/21/2022 at 4:00PM before Magistrate Judge Marcia M. Henry. Plaintiff/Counterdefendant Francis Rodriguez, Plaintiff Yanira Tiburcio, Defendants/Counterclaimants Richard Banks and Cowan Systems, LLC, and their respective counsel shall attend. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. The parties shall dial in five (5) minutes before the conference. So Ordered by Magistrate Judge Marcia M. Henry on 10/28/2022. (RC)
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ORDER denying #30 . Defendants report that they canceled a scheduled mediation because they learned that plaintiffs would not participate. They also seek: (1) a referral to the EDNY Mediation Panel; (2) a directive to counsel and their respective clients to participate in the mediation; and (3) suspension of discovery deadlines until after the mediation is completed. The application is denied. First, given the parties' multiple failures to follow through with planned mediations, the Court will not burden the Court-annexed mediators with the parties' scheduling challenges at this time. Second, the parties are admonished that participation by all counsel and clients in mediation and/or settlement conferences is the norm, not the exception. Third, there is no reason to suspend the generously extended discovery deadlines. Accordingly, all deadlines in the Court's 08/29/2022 order remain in effect. A scheduling order for a status conference shall issue; all parties and all counsel shall attend. So Ordered by Magistrate Judge Marcia M. Henry on 10/17/2022. (JD)
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| Filing 30 Letter Ltr to Court re cancelled mediation and request for court order to mediation.wdl by Richard Banks, Cowan Systems, LLC (Segal, Jeffrey) Modified on 10/17/2022 to modify event type (JD). |
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Order granting #29 : The parties intend to participate in mediation on 10/25/2022 and request certain deadlines be held in abeyance until after the new mediation date. Accordingly, deadline for Defendants/Counter-Defendants expert report and disclosures is 12/09/2022; (2) the deadline for the close of discovery is 12/23/2022; and (3) the last day to initiate dispositive motions pursuant to the Honorable Carol Bagley Amons Individual Rules is 01/09/2023. Further extensions are strongly disfavored and are unlikely to be granted. So Ordered by Magistrate Judge Marcia M. Henry on 08/29/2022. (Dao, John)
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| Filing 29 Letter regarding rescheduled mediation and deadlines by Richard Banks, Cowan Systems, LLC (Segal, Jeffrey) Modified on 8/29/2022 to change event type (Castro, Ricardo). |
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ORDER granting #28 Letter mediation scheduled. The parties intend to participate in mediation on 08/11/2022 and request an extension of time to complete expert discovery. Accordingly, the deadline for Defendants/Counter-Defendant's expert report and disclosures is 09/26/2022. The deadline for the close of discovery is 10/10/2022. The last day to initiate dispositive motions pursuant to the Honorable Carol Bagley Amon's Individual Rules is 10/24/2022. So Ordered by Magistrate Judge Marcia M. Henry on 05/13/2022. (Heery-Hyatt, Micaela)
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| Filing 28 Letter mediation scheduled by Richard Banks, Cowan Systems, LLC (Segal, Jeffrey) Modified on 5/13/2022 (Heery-Hyatt, Micaela). |
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Order granting #27 Letter MOTION for Extension of Time to Complete Discovery re Joint letter. The deadline for Defendants/Counter-Defendant's expert report and disclosures is 5/06/2022. The deadline for the close of discovery is 05/19/2022. The last day to initiate dispositive motions pursuant to the Honorable Carol Bagley Amon's Individual Rules is 06/06/2022. So Ordered by Magistrate Judge Marcia M. Henry on 02/18/2022. (Heery-Hyatt, Micaela)
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| Filing 27 Letter MOTION for Extension of Time to Complete Discovery re Joint letter by Richard Banks, Cowan Systems, LLC. (Segal, Jeffrey) |
| Filing 26 NOTICE of Appearance by Michael W Castronovo on behalf of Francis Rodriguez (aty to be noticed) (Castronovo, Michael) |
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Order re #24 : The Court is in receipt of the parties' status report. The deadline for Plaintiff's expert report and Rule 26 expert disclosures remains 01/06/2022 and the deadline for Defendants/Counter-Defendant's expert report and disclosures is 3/17/2022. The deadline for the close of discovery is 03/31/2022. So Ordered by Magistrate Judge Marcia M. Henry on 12/27/2021. (Heery-Hyatt, Micaela)
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| Filing 25 AFFIDAVIT/AFFIRMATION re #1 Notice of Removal, Order, List of LLC Members by Cowan Systems, LLC, Corporate Disclosure Statement by Cowan Systems, LLC (Segal, Jeffrey) |
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ORDER: Defendant Cowan Systems, LLC is directed to submit a list of all members of the LLC that identifies the citizenship of each member at the time this suit was removed to this Court for the purposes of determining whether diversity jurisdiction exists. This list must be filed on the docket by December 23, 2021. So Ordered by Judge Carol Bagley Amon on December 16, 2021. (Shire, Emily)
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| Filing 24 STATUS REPORT re Joint status letter by Richard Banks, Cowan Systems, LLC (Segal, Jeffrey) |
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Order re #23 : The Court is in receipt of the Plaintiff's request for an extension of time to complete expert discovery. The application is granted in part. The deadline for Plaintiff's expert report and Rule 26 expert disclosures is extended to 01/06/2022 and the deadline for Defendants/Counter-Defendant's expert report and disclosures is extended to 3/17/2022. The Court extends the deadline for the close of discovery to 03/31/2022. So Ordered by Magistrate Judge Marcia M. Henry on 11/24/2021. (Heery-Hyatt, Micaela)
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| Filing 23 Letter Plaintiffs' Request for extension of Expert Report by Francis Rodriguez, Yanira Tiburcio (Stolzman, Kardon) |
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Order: The telephone status conference schedule for 12/01/2021 at 11:00AM is adjourned sine die. All discovery deadlines issued in the 10/14/2021 Order remain in effect. The parties shall file a joint status report of no more than three (3) pages updating the Court on the status of discovery by 12/15/2021. So Ordered by Magistrate Judge Marcia M. Henry on 11/19/2021. (Heery-Hyatt, Micaela)
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RESCHEDULING ORDER: Due to an unforeseen scheduling conflict, the telephone status conference scheduled for 11/23/2021 at 3:00PM is adjourned to 12/01/2021 at 11:00AM. All counsel must attend. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. The parties shall dial in five (5) minutes before the conference. So Ordered by Magistrate Judge Marcia M. Henry on 10/14/2021. (Castro, Ricardo)
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ORDER re #22 : The Court is in receipt of the parties' joint status report reporting progress on discovery and requesting an extension of time to complete discovery. The application is granted. The deadline for Plaintiffs expert report and Rule 26 expert disclosures is extended to 11/21/2021 and the deadline for Defendants/Counter-Defendant's expert report and disclosures is extended to 1/31/2022. The Court sua sponte extends the deadline for the close of discovery to 02/14/2022. So Ordered by Magistrate Judge Marcia M. Henry on 10/14/2021. (Castro, Ricardo)
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| Filing 22 STATUS REPORT Joint Status Report by Richard Banks, Cowan Systems, LLC (Segal, Jeffrey) |
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MINUTE ENTRY AND ORDER: A telephonic status conference was held on 08/18/2021 before Magistrate Judge Marcia M. Henry. Kardon Aaron Stolzman, counsel for plaintiffs, Jeffrey Segal, counsel for Defendants, and Andres Javier Camacho, counsel for counter-defendant, were present. As stated on the record, the parties report progress with discovery, including resolution of the discovery issues raised in their joint status report #21 . The Court will extend the close of discovery to 01/21/2022. By 10/04/2021, the parties shall file a joint status report of no more than three (3) pages regarding: (1) progress with discovery; (2) discovery disputes that were not resolved after significant good faith efforts to meet and confer; (3) revised deadlines for expert discovery, if any; and (4) settlement discussions, including whether the parties request referral to mediation. So Ordered by Magistrate Judge Marcia M. Henry on 08/18/2021. (AT&T Log # 2:30PM-2:48PM) (Castro, Ricardo)
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SCHEDULING ORDER: A telephone status conference is scheduled for 08/18/2021 at 2:30PM before Magistrate Judge Marcia M. Henry. All counsel must attend. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. The parties shall dial in five (5) minutes before the conference. (Castro, Ricardo)
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| RESCHEDULING ORDER: Due to a scheduling conflict, the Pre-Trial conference scheduled for 11/16/2021 at 11:00AM is converted to a telephone conference and is adjourned to 11/23/2021 at 3:00PM before Magistrate Judge Marcia M. Henry. All counsel must attend. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. The parties shall dial in five (5) minutes before the conference. (Castro, Ricardo) |
| Filing 21 STATUS REPORT JOINT STATUS LETTER by Richard Banks, Cowan Systems, LLC (Segal, Jeffrey) |
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ORDER denying #15 Motion to Compel Discovery with leave to renew if Plaintiff does not comply with their discovery obligations. Parties are directed to meet and confer as Local Civil Rule 37.3 requires before bringing discovery disputes before the Court. Further, Defendant has failed to properly redact Exhibit [15-1] that was filed as [20-1]. The Clerk of Court is respectfully requested to seal [20-1] from the public docket for failure to comply with Fed. R. Civ. P. 5.2(a). Defendant is strongly counseled to carefully review its future filings for compliance with Fed. R. Civ. P. 5.2(a) or face sanctions. So Ordered by Magistrate Judge Marcia M. Henry on 07/14/2021. (Heery-Hyatt, Micaela)
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| Filing 20 RESPONSE to Motion re #15 Letter MOTION to Compel discovery filed by Richard Banks, Cowan Systems, LLC. (Attachments: #1 Exhibit A-D) (Segal, Jeffrey) |
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ORDER: On 07/01/2021, the Court directed Defendants to refile the exhibit to their Motion to Compel Discovery #15 with appropriate redactions by 07/02/2021. To date, Defendants have failed to comply. Defendants are again directed to file a properly redacted version of the exhibit with a cover letter in response to this Order by 07/12/2021. So Ordered by Magistrate Judge Marcia M. Henry on 07/09/2021. (Gans, Courtney)
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| Filing 19 ANSWER to #18 Amended Answer to Complaint, Counterclaim by Francis Rodriguez. (Camacho, Andres) |
| Filing 18 AMENDED ANSWER to Plaintiff's Complaint , COUNTERCLAIM against Francis Rodriguez by Cowan Systems, LLC, Richard Banks. (Attachments: #1 Certificate of Service) (Segal, Jeffrey) |
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ORDER re: #15 : The Clerk of Court is respectfully requested to remove Exhibit [15-1] from the public docket for failure to comply with Fed. R. Civ. P. 5.2(a). Defendants are directed to refile the exhibit on or before 07/02/2021 with appropriate redactions. Ordered by Magistrate Judge Marcia M. Henry on 07/01/2021. (Heery-Hyatt, Micaela)
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ORDER re: #5 : The Answer to the Complaint contains a Counterclaim against Plaintiff Rodriguez that Defendants failed to docket correctly. Counsel for Defendants shall contact the Clerk of Court on or before 07/02/2021 to amend the docketing of the Answer #5 to include the Counterclaim. Within two (2) business days after the correction, counsel for Defendants shall notify Andres Camacho, counsel for Rodriguez on the Counterclaim. Defense counsel is directed to provide a copy of this Order to Mr. Camacho. So Ordered by Magistrate Judge Marcia M. Henry on 07/01/2021. (Heery-Hyatt, Micaela)
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MINUTE ENTRY AND ORDER: A telephonic status conference was held on 07/01/2021 before Magistrate Judge Marcia M. Henry. Kardon Stolzman, counsel for Plaintiffs and Jeffrey Segal, counsel for Defendant, were present. Also present was Andres Camacho, counsel for Counterclaim Defendant Rodriguez. Plaintiffs agree to respond within thirty (30) days to the Defendants interrogatories and requests for production. The parties are admonished to and agree to confer before coming to the Court to resolve discovery disputes. Defense counsel is directed not to file unredacted personal information on the public docket; a separate order shall issue. The parties report diverging views regarding settlement. The Court adopts the following deadlines contained in the Parties Case Management Plan #11 : no additional parties may be joined after 09/15/2021; the pleadings will not be amended after 09/15/2021; the parties shall make Rule 26(a)(2) disclosures with respect to expert witnesses by 10/01/2021 and with respect to rebuttal expert witnesses by 11/01/2021; all discovery will be completed by 11/12/2021; pre-motion letters regarding proposed dispositive motions must be submitted within one (1) week following the close of all discovery and responses are due one week later. The parties are directed to file a joint status report (not to exceed 3 pages) on or before 08/13/2021 to apprise the Court of their progress on discovery and possible settlement. The Court defers ruling on issues related to the counterclaim pending revisions to the previously docketed Answer #5 that will be the subject of a separate order. So Ordered by Magistrate Judge Marcia M. Henry on 07/01/2021. (AT&T Log # 10:00AM- 10:21AM) (Castro, Ricardo)
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| Filing 17 NOTICE of Appearance by Kardon Aaron Stolzman on behalf of All Plaintiffs (notification declined or already on case) (Stolzman, Kardon) |
| Filing 16 NOTICE of Appearance by Kardon Aaron Stolzman on behalf of All Plaintiffs (notification declined or already on case) (Stolzman, Kardon) |
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SCHEDULING ORDER: A telephone status conference will be held on 07/01/2021 at 10:00AM before Magistrate Judge Marcia M. Henry. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. The parties shall dial in five (5) minutes before the 10:00AM conference. So Ordered by Magistrate Judge Marcia M. Henry on 6/23/2021. (Castro, Ricardo)
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| Case Reassigned to Magistrate Judge Marcia M. Henry. Magistrate Judge Ramon E. Reyes, Jr 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. Motions referred to Marcia M. Henry. (Mahoney, Brenna) |
| Filing 15 Letter MOTION to Compel discovery by Richard Banks, Cowan Systems, LLC. (Attachments: #1 Exhibit) (Segal, Jeffrey) |
| Filing 14 NOTICE of Appearance by Kardon Aaron Stolzman on behalf of All Plaintiffs (notification declined or already on case) (Stolzman, Kardon) |
| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Initial Conference Hearing held on 5/13/2021. Case called. Plaintiff represented by Kardon A. Stolzman. Defendant represented by Jeffrey A. Segal. Discussions held. The Case Management Plan #11 is approved. All discovery, including depositions of experts, shall be completed on or before 11/12/2021 Final Pretrial Conference set for 11/16/2021 at 11:00 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr., Telephone Conference set for 8/11/2021 at 11:00 AM before Magistrate Judge Ramon E. Reyes, Jr using the AT&T toll free number 1-888-684-8852 and Access Code 5496961# to join the conference. Plaintiff's counsel Kardon A. Stolzman is ORDERED to file a Notice of Appearance. (FTR Log# Cisco Webex Meeting Video 12:30PM 12:40PM) Contact the E.S.R., Dept., to order the transcript. (Vertus, Miriam) |
| NOTICE TO Kardon Aaron Stolzman is directed to file a Notice of Appearance pursuant to Magistrate Judge Reyes' Individual Motion Practices and Rules using his CM/ECF user ID and Password not using Steven V Podolsky information. (Vertus, Miriam) Modified on 5/13/2021 (Vertus, Miriam). |
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Filing 13
ORDER re #12 Notice of Appearance for Steven V Podolsky on behalf of All Plaintiffs filed by Francis Rodriguez, Yanira Tiburcio; CONSENT ORDER GRANTING [12-1] SUBSTITUTION OF ATTORNEY. Attorney Robert J. Eisen terminated. So Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/11/2021. (Vertus, Miriam)
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| Filing 12 NOTICE of Appearance by Steven V Podolsky on behalf of All Plaintiffs (notification declined or already on case) (Attachments: #1 Proposed Order CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY) (Podolsky, Steven) |
| Filing 11 CASE MANAGEMENT STATEMENT (Podolsky, Steven) |
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Filing 10
SCHEDULING ORDER: Video Initial Conference set for 5/13/2021 at 12:30 PM before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to appear via video using the Cisco Webex Meeting invitation link sent to the email addresses listed on the docket and all other participates may join by phone using the Toll number: 1-650-479-3207 and Access code: 160 307 6056. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 5/10/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/5/2021. (Vertus, Miriam)
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| Filing 9 AFFIDAVIT of Service for affirmative counterclaim served on Francis Rodriguez on 4-28-2021, filed by Richard Banks, Cowan Systems, LLC. (Segal, Jeffrey) |
| Filing 8 NOTICE of Appearance by Steven V Podolsky on behalf of All Plaintiffs (notification declined or already on case) (Podolsky, Steven) |
| Incorrect Document/Entry Information re #6 Notice of Appearance. The document added the incorrect attorney on behalf of plaintiff. Please disregard. (Lee, Tiffeny) |
| Filing 7 DEMAND for Trial by Jury by Francis Rodriguez (Podolsky, Steven) |
| Filing 6 NOTICE of Appearance by Steven V Podolsky on behalf of All Plaintiffs (aty to be noticed) (Podolsky, Steven) |
| Filing 5 ANSWER to Complaint by Richard Banks, Cowan Systems, LLC. (Attachments: #1 Certificate of Service) (Segal, Jeffrey) |
| 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 Cowan Systems, LLC (Segal, Jeffrey) |
| Filing 1 NOTICE OF REMOVAL by Richard Banks, Cowan Systems, LLC from Supreme Court of the State of New York, case number 518915/2020. ( Filing fee $ 402 receipt number ANYEDC-14334071) (Attachments: #1 Certificate of Service, #2 Miscellaneous Case Cover Sheet, #3 Exhibit A-D) (Segal, Jeffrey) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) |
| Case Assigned to Judge Carol Bagley Amon and Magistrate Judge Ramon E. Reyes, Jr. 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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