Teuku v. Bob's Discount Furniture, LLC
| Julius Teuku |
| Bob's Discount Furniture, LLC and Master Sofa International Co., Ltd. |
| Philip Goldstein |
| 1:2021cv03953 |
| July 13, 2021 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Allyne R Ross |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| None |
Docket Report
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| Filing 13 First MOTION for Extension of Time to File Response/Reply by Julius Teuku. (Gammons, Matt) |
ORDER granting #13 Motion for Extension of Time to File Response/Reply: Plaintiff's opposition to defendant Master Sofa's motion to dismiss now is due no later than September 27, 2021. Master Sofa's reply now is due no later than October 4, 2021. Ordered by Judge Allyne R. Ross on 8/16/2021. (Roeck, Victoria)
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| Filing 12 Letter to Plaintiff by Bob's Discount Furniture, LLC, Master Sofa International Co., Ltd. (Berson, Alison) |
| SELECTION OF MEDIATOR: Philip Goldstein selected as Mediator. The first mediation session will take place on September 14, 2021 at 10:00 AM via Zoom. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Report of Mediation due by 9/28/2021. (Priftakis, Tina) |
| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
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ORDER: The Court held the initial conference by telephone in plaintiff's personal injury case on August 3, 2021 and set the following deadlines. The parties reported that they had exchanged their initial disclosures and HIPAA authorizations on July 21, 2021. Any request to join parties or amend the pleadings shall be made by September 3, 2021. The parties shall complete "Phase 1 Discovery" as described in their Rule 26(f) Meeting Report, ECF No. 8, by September 15, 2021. Fed. R. Civ. P. 16(b)(3). The Court grants plaintiff's request for an extension of time to serve defendant Master Sofa International Co., Ltd. ECF No. 10. Plaintiff shall file proof of service or show good cause why service has not been made by December 3, 2021. The Court hereby refers the instant action to the Court-annexed mediation program. The parties are directed to contact the Court's ADR Department at (718) 613-2577. The parties shall file a joint status letter by October 15, 2021, reporting their selection of the mediator and the date of the scheduled mediation. Ordered by Magistrate Judge Lois Bloom on 8/3/2021. (Van Buren, Ethan)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Initial Pretrial Conference held on 8/3/2021 (AT&T Log #12:06-12:41.) (Van Buren, Ethan) |
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ORDER: The Court has received plaintiff's letter, ECF No. 10, requesting an extension of the deadline to serve defendant Master Sofa with the summons and complaint. The Court will address plaintiff's request at the telephone conference tomorrow, August 3, 2021 at 12:00 p.m. Parties shall dial in at the appointed time as set forth in the Court's prior Order. Ordered by Magistrate Judge Lois Bloom on 8/2/2021. (Van Buren, Ethan)
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| Filing 11 NOTICE of Appearance by Matt T. Gammons on behalf of Julius Teuku (aty to be noticed) (Gammons, Matt) |
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ORDER: The court has reviewed the parties' pre-motion letters concerning defendant Master Sofa's anticipated motion to dismiss for lack of personal jurisdiction and determined that a pre-motion conference is not necessary. The court therefore grants defendant permission to bring the motion. The court directs that defendant's motion shall be briefed as follows: defendant's motion and supporting papers shall be served no later than August 13, 2021; plaintiff's opposition papers shall be served no later than August 27, 2021; defendant's reply papers, if any, shall be served no later than September 3, 2021. The fully briefed motion shall be filed in accordance with chambers' rules no later than September 3, 2021. This schedule may be altered only with the permission of the court. Ordered by Judge Allyne R. Ross on 7/30/2021. (Roeck, Victoria)
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| Filing 10 Letter by Julius Teuku (Gammons, Matt) |
| Filing 9 Letter by Julius Teuku (Gammons, Matt) |
| Filing 8 REPORT of Rule 26(f) Planning Meeting (Berson, Alison) |
| Filing 7 Letter by Master Sofa International Co., Ltd. (Berson, Alison) |
| NOTICE: Defendant Master Sofa International Co., Ltd. has submitted a letter requesting a pre-motion conference regarding an anticipated motion to dismiss. Plaintiff's counsel is reminded that, under Judge Ross's Individual Motion Practices, plaintiff is required to file a responsive letter addressing the legal and factual bases of the anticipated motion within seven business days from service of defendant's letter, on or before July 29, 2021. (Roeck, Victoria) |
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ORDER: Defendant Master Sofa International Co., LTD., removed this personal injury case from Queens County Supreme Court, invoking this Court's diversity jurisdiction. ECF No. 1. The Court shall hold the initial conference by telephone in plaintiff's case on August 3, 2021 at noon. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 12:00p.m. The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by July 27, 2021. Any party seeking a trial by jury shall file a jury demand by July 27, 2021. Fed. R. Civ. P. 81(c)(3). 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 electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 7/15/2021. (Wilhelm, Samantha)
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| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 5 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) |
| Case Assigned to Judge Allyne R. Ross and Magistrate Judge Lois Bloom. 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) |
| Filing 4 Civil Cover Sheet.. Re Notice: Re: Incomplete Civil Cover Sheet, by Master Sofa International Co., Ltd. (Berson, Alison) |
| Filing 3 DISCLOSURE of Interested Parties by Master Sofa International Co., Ltd.. (Bowens, Priscilla) |
| Filing 2 DISCLOSURE of Interested Parties by Bob's Discount Furniture, LLC. (Bowens, Priscilla) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court Queens County, case number 710142/2020. ( Filing fee $ 402 receipt number ANYEDC-14651952) (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Answer, #3 Exhibit C - Supplemental Summons and Complaint, #4 Exhibit D - Answer, #5 Exhibit E - Notice, #6 Civil Cover Sheet, #7 Rule 7.1 Statement, #8 Rule 7.1 Statement, #9 Certificate of Service) (Berson, Alison) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla) |
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