Ortiz v. Merisier et al
| Antonio Ortiz |
| Gerald Merisier, FA Title Trust, Peapod, LLC and Ahold Delhaize USA, Inc. |
| 1:2021cv04696 |
| August 20, 2021 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Peggy Kuo |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| Defendant |
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This docket was last retrieved on September 23, 2021. A more recent docket listing may be available from PACER.
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Filing 11
PROTECTIVE ORDER: The proposed Confidentiality Order filed at [9-2] is so-ordered. Ordered by Magistrate Judge Peggy Kuo on 9/24/2021. (O'Neil-Berven, Ryan)
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| Filing 10 Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held by telephone on September 23, 2021. Attorney Susan Schenck appeared on behalf of plaintiff. Attorney Sasha Shafeek appeared on behalf of defendants. Defendant is trying to obtain orthopedic records for Plaintiff's knee injury, which was not initially reported to the hospital. The parties are engaged in early settlement discussions. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. A settlement conference will be held by telephone on December 22, 2021 at 2:15 pm before Magistrate Judge Peggy Kuo. Plaintiff and the individual Defendant must be present. A representative of the corporate defendants with complete settlement authority (other than counsel) must be present. Counsel are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference, either with their clients on the line, or share the dial-in information so their clients can call in separately. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail upon receipt of their Settlement Statements.The parties were directed to submit confidential ex parte settlement statements to Kuo_Chambers@nyed.uscourts.gov by December 14, 2021. The statements must include the last offer and demand, and a frank assessment of the strengths and weaknesses of each party's case. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The Court will schedule ex parte telephone calls with counsel after review of the statements. The parties are encouraged to exchange all information that would be helpful for settlement discussions. (FTR Log: 10:30-10:40) (O'Neil-Berven, Ryan) |
| Filing 9 STATUS REPORT by Ahold Delhaize USA, Inc., FA Title Trust, Gerald Merisier, Peapod, LLC (Attachments: #1 Exhibit Discovery Plan Form, #2 Exhibit Confidentiality Order) (Shafeek, Sasha) |
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Filing 8
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on September 23, 2021 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)Counsel are directed to the annexed Initial Conference Order for instructions. By September 17, 2021, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Defendants' counsel is directed to ensure that Plaintiff is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 8/23/2021. (O'Neil-Berven, Ryan)
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| Filing 7 NOTICE of Appearance by Susan Schenck on behalf of Antonio Ortiz (aty to be noticed) (Schenck, Susan) |
| Filing 6 NOTICE of Appearance by Bruce Anthony Torino on behalf of All Defendants (aty to be noticed) (Torino, Bruce) |
| Filing 5 NOTICE of Appearance by Sasha Shafeek on behalf of All Defendants (aty to be noticed) (Shafeek, Sasha) |
| 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 Civil Cover Sheet.. by Ahold Delhaize USA, Inc., FA Title Trust, Gerald Merisier, Peapod, LLC (Capitolo, Christine) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court, Kings County, case number 502759/2021. ( Filing fee $ 402 receipt number ANYEDC-14770770) (Attachments: #1 Supplement Notice of Petition for Removal, #2 Exhibit Exhibit A- Summons & Complaint, #3 Exhibit Exhibit B-NYS Dept Of State Division of Corporations, #4 Exhibit Exhibit C- SUpp Summons and Amended Complaint, #5 Exhibit Exhibit D- Defense Answer, #6 Exhibit Exhibit E-3017 DMD Email Confirmation, #7 Exhibit Exhibit F-Removal from State ourt) (Capitolo, Christine) |
| 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 Ann M Donnelly and Magistrate Judge Peggy Kuo. 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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