Mahoney v. Bennett et al
| Brian Mahoney |
| Marlon Bennett, Regional Express LLC and Amazon.com, Inc. |
| 1:2021cv04513 |
| August 11, 2021 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Marcia M Henry |
| Cheryl L Pollak |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| None |
Docket Report
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| Civil Case Terminated. (KA) |
| Filing 23 STIPULATION of Dismissal by Amazon.com, Inc., Marlon Bennett, Regional Express LLC (Studley, Rikki) |
ORDER granting #22 Motion for Extension of Time. The parties are directed to file their stipulation of dismissal or a joint status report by 11/15/2022. So Ordered by Magistrate Judge Marcia M. Henry on 11/02/2022. (MY)
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| Filing 22 Letter by Brian Mahoney (Cotter, Brandon) Modified on 11/2/2022 to change event type (MY). |
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ORDER re #21 : The Court is in receipt of the parties' joint status report stating that they reached a settlement in mediation. The parties are directed to file their stipulation of dismissal or a joint status report by 10/31/2022. All discovery deadlines are adjourned sine die. So Ordered by Magistrate Judge Marcia M. Henry on 09/29/2022. (Castro, Ricardo)
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| Filing 21 STATUS REPORT by Amazon.com, Inc., Marlon Bennett, Regional Express LLC (Studley, Rikki) |
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ORDER DISMISSING CLAIMS -- As stipulated and agreed by and between Defendants in the #19 STIPULATION \Stipulation of discontinuance of cross-claims filed on September 12, 2022, Defendant Amazon.com, Inc.'s crossclaims against Defendants Marlon Bennett and Regional Express LLC are hereby dismissed without prejudice. Ordered by Judge Diane Gujarati on 9/22/2022. (Almonte, Kelly)
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| Filing 20 NOTICE of Appearance by Rikki Studley on behalf of All Defendants (aty to be noticed) (Studley, Rikki) |
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ORDER re #18 : The Court is in receipt of Defendant Amazon.com, Inc.'s Notice of Consent to Change Attorney from Wilson Elser Moskowitz Edelman & Dicker, LLP to Lewis Brisbois Bisgaard & Smith LLP ("Lewis Brisbois"). Counsel from Lewis Brisbois shall file a notice of appearance on behalf of Defendant Amazon.com, Inc. by 09/16/2022. So Ordered by Magistrate Judge Marcia M. Henry on 09/14/2022. (Yousuf, Maria)
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| Filing 19 STIPULATION \Stipulation of discontinuance of cross-claims by Amazon.com, Inc. (Law, Raymond) |
| Filing 18 NOTICE of Consent to Change Attorney by Raymond Law (Law, Raymond) |
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ORDER granting in part #17 : The parties report that they are proceeding with private mediation and request a 90-day extension of the discovery deadlines. The application is granted in part, as the Court does not see the need to extend discovery by an additional 90 days when the mediation is scheduled only three weeks from today and more than one month before the current close of discovery. Accordingly, the deadline to complete fact discovery is extended to 01/06/2023 with a joint status report due 01/13/2023 certifying that fact discovery has closed. The deadline to complete expert discovery is extended to 03/24/2023 with a joint status report due 03/21/2023 certifying that all discovery has closed. The deadline to take the first step in dispositive motion practice or to file a joint pretrial order is extended to 04/24/2023. The parties shall submit a joint status report regarding the outcome of mediation within seven (7) days of the mediation, or by 09/28/2022, whichever is earlier. So Ordered by Magistrate Judge Marcia M. Henry on 09/02/2022. (Gans, Courtney)
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| Filing 17 Letter by Brian Mahoney (Cotter, Brandon) |
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ORDER granting #15 : The Court is in receipt of the parties' joint status report at #15 reporting progress with written discovery and requesting an extension of the discovery deadlines. The application is granted in part. Fact discovery shall be completed by 10/25/2022, with a joint status report due 11/01/2022 certifying the close of fact discovery. Expert discovery shall be completed by 01/26/2023 with a joint status report due 02/02/2023 certifying that all discovery has closed. The deadline to take the first step in dispositive motion practice is 03/02/2023. The parties shall file a joint status report regarding progress with discovery and settlement discussions, if any, by 08/30/2022. So Ordered by Magistrate Judge Marcia M. Henry on 07/06/2022. (Gans, Courtney)
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| Filing 16 NOTICE of Appearance by Raymond Law on behalf of Amazon.com, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Law, Raymond) |
| Filing 15 Second MOTION for Extension of Time to Complete Discovery and Status Letter for Discovery on behalf of all parties by Marlon Bennett, Regional Express LLC. (Studley, Rikki) |
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ORDER: GRANTING #14 Motion for Extension of Time to Complete Discovery. The deadline to complete fact discovery is extended to 08/25/2022, with a joint status report due 09/08/2022 certifying that fact discovery is closed. The deadline to complete expert discovery is extended to 12/22/2022, with a joint status report due 01/05/2023 certifying that all discovery has closed. The last day to take the first step in dispositive motion practice is extended to 01/26/2023. Given the extension of the discovery deadline, the parties shall also file a joint status report regarding progress with discovery and settlement negotiations, if any, by 06/30/2022. So Ordered by Magistrate Judge Marcia M. Henry on 05/02/2022. (Gans, Courtney)
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| Filing 14 First MOTION for Extension of Time to Complete Discovery and Status Letter for Discovery on behalf of all parties by Amazon.com, Inc.. (Overbeck, Brittaney) |
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Filing 13
MINUTE ENTRY AND ORDER: A telephonic initial conference was held on 2/08/2022 before Magistrate Judge Marcia M. Henry. Brandon Cotter, counsel for Plaintiff; Brittaney Overbeck, counsel for Defendant Amazon.com; and Rikki Studley, counsel for Defendants Regional Express LLC and Marlon Bennett, were present. The Court adopts the discovery deadlines in the attached scheduling order. The deadline to exchange any further medical records authorizations is 02/17/2022. Discovery shall be completed by 06/30/2022, with a joint status report due 07/15/2022 certifying that discovery has closed; the deadline to complete expert discovery is 10/31/2022 with a joint status report due 11/14/2022 certifying that all discovery has closed; the last day to take the first step in dispositive motion practice is 12/02/2022. See the attached Order for all deadlines.Additionally, the parties indicated their intent to request a protective order. The parties shall review the undersigned's form protective order (available at # https://img.nyed.uscourts.gov/files/forms/FormProtectiveOrderMMH.pdf ) and, if applicab le, file a letter motion for the Court to So Order the proposed protective order by 02/17/2022. If the parties wish to change the form order, the letter motion should attach as exhibits a clean copy of their proposed order and a redlined comparison between their proposed order and the form protective order. The parties shall file a joint status report (no more than three pages) by 04/28/2022 regarding progress on discovery and settlement discussions, if any. So Ordered by Magistrate Judge Marcia M. Henry on 02/08/2022. (AT&T Log # 4:35PM-5:10PM) (Castro, Ricardo)
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| Filing 12 REPORT of Rule 26(f) Planning Meeting (Overbeck, Brittaney) |
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SCHEDULING ORDER re #11 : A telephone initial conference is scheduled for 02/08/2022 at 4:30PM 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.The parties previously submitted a proposed discovery plan at #9 . By 01/31/2022, the parties may submit a revised a joint and completed copy of their proposed discovery plan. So Ordered by Magistrate Judge Marcia M. Henry on 01/25/2022. (Gans, Courtney)
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| Filing 11 Letter Joint Application Requesting an Initial Conference Date by Amazon.com, Inc. (Overbeck, Brittaney) |
| Filing 10 NOTICE of Appearance by Brittaney Joyce Overbeck on behalf of Amazon.com, Inc. (aty to be noticed) (Overbeck, Brittaney) |
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ORDER: Due to an unforeseen event, the telephone initial conference scheduled for 11/05/2021 at 11:00AM is adjourned. A separate scheduling order for another status conference shall issue. So Ordered by Magistrate Judge Marcia M. Henry on 11/05/2021. (Castro, Ricardo)
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| Filing 9 REPORT of Rule 26(f) Planning Meeting (Hsu, John) |
| Filing 8 NOTICE of Appearance by John A. Hsu on behalf of Amazon.com, Inc. (aty to be noticed) (Hsu, John) |
| Filing 7 RESCHEDULING ORDER: The telephone initial conference originally scheduled for 09/29/2021 at 10:00AM is adjourned to 11/05/2021 at 11:00AM 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. Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 10/29/2021, the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: #https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdff). Counsel for Plaintiff is directed to serve a copy of this order on counsel for Defendant Amazon.com. So Ordered by Magistrate Ju dge Marcia M. Henry on 09/27/2021. (Attachments: #1 Proposed Discovery Plan, #2 Individual Practice Rules) (Castro, Ricardo) |
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Filing 6
SCHEDULING ORDER: A telephone initial conference is scheduled for 09/29/2021 at 10:00AM 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. Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 09/22/2021, the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: #https://img.nyed.usc ourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf). So Ordered by Magistrate Judge Marcia M. Henry on 08/23/2021. (Attachments: #1 Proposed Discovery Plan, #2 Individual Practice Rules) (Castro, Ricardo)
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| Filing 5 NOTICE of Appearance by Brandon Cotter on behalf of All Plaintiffs (aty to be noticed) (Cotter, Brandon) |
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ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Marcia M. Henry for all further proceedings. Chief Magistrate Cheryl L. Pollak no longer assigned to 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.Ordered by Chief Judge Margo K. Brodie on 8/12/2021. (Davis, Kimberly)
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| Filing 4 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. (Neptune, Pierre) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) |
| Filing 2 NOTICE by MARLON BENNETT, REGIONAL EXPRESS LLC re #1 Notice of Removal,,, Rule 7.1 Statement (Attachments: #1 Exhibit Rule 7.1 Statement - Exhibit A - Email from counsel for co-defendant Amazon.com, Inc.) (Studley, Rikki) |
| Filing 1 NOTICE OF REMOVAL by MARLON BENNETT, REGIONAL EXPRESS LLC from Supreme Court of the State of New York, County of Kings, case number 506275/2021. ( Filing fee $ 402 receipt number ANYEDC-14741602) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Notice of Removal - Exhibit A - Summons and Complaint, #3 Exhibit Notice of Removal - Exhibit B - Answer - Defendant Amazon.com, Inc., #4 Exhibit Notice of Removal - Exhibit C - Answer - Defendants Marlon Bennett and Regional Express LLC, #5 Exhibit Notice of Removal - Exhibit D - Plaintiff's Response to Demand for Damages, #6 Exhibit Notice of Removal - Exhibit E - Email from Counsel for Defendant Amazon.com, Inc., #7 Exhibit Notice of Removal - Exhibit F - Preliminary Conference Order, #8 Exhibit Notice of Removal - Exhibit G - Demand for Damages and Correspondence) (Studley, Rikki) |
| 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. (Neptune, Pierre) |
| Case Assigned to Judge Diane Gujarati and Chief Magistrate Cheryl L. Pollak. 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. (Neptune, Pierre) |
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