Pullen et. al. v. Long Island Railroad
Plaintiff: Steven Pullen and Kerry Pullen
Defendant: Long Island Railroad doing business as MTA Long Island Railroad
Case Number: 1:2021cv05370
Filed: September 28, 2021
Court: US District Court for the Eastern District of New York
Presiding Judge: James R Cho
Referring Judge: Eric N Vitaliano
Nature of Suit: Federal Employer's Liability
Cause of Action: 45 U.S.C. ยง 51
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 22, 2021 Minute Entry: Initial Conference Hearing held on 11/22/2021 before Magistrate Judge James R. Cho. Appearances by Benjamin Dell for plaintiffs and Christopher Pogan for defendant. Case discussed. Plaintiffs' counsel reported that Mr. Pullen recently underwent a medical procedure. The Court entered the following pretrial schedule: parties to exchange automatic disclosures by 12/22/2021; no amendment of the pleadings or joinder of additional parties permitted after 3/25/2022; parties to complete fact discovery by 5/20/2022; affirmative expert disclosures due by 6/24/2022; rebuttal expert disclosures due by 7/17/2022; and all discovery, including expert depositions, shall be completed by 10/14/2022. Parties are open to an early resolution of this case, but want to engage in written discovery first. Further, defendant needs to depose Mr. Pullen before determining its settlement position. Parties to submit a joint status report by 2/23/2022 and to indicate in the report whether they would like a referral to Court-annexed mediation or a settlement conference at that time. (AT&T Conference Bridge.) (Gillespie-Cardo, Saudia)
November 19, 2021 Filing 10 NOTICE of Appearance by Benjamin David Dell on behalf of All Plaintiffs (aty to be noticed) (Dell, Benjamin)
November 18, 2021 Filing 9 Proposed Scheduling Order by Steven Pullen (Dell, Joseph)
November 9, 2021 Opinion or Order Filing 8 SCHEDULING ORDER: A Telephonic-Initial Conference will be held at 11:30 a.m. on November 22, 2021 before Magistrate Judge James R. Cho. Counsel for all parties must participate. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendant's counsel. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than November 18, 2021 Each party is directed to call toll free (888) 808-6929 and use access code 1065334. The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 11/9/2021. (Attachments: #1 Chamber's Individual Rules) (Gillespie, Saudia)
November 8, 2021 Filing 7 ANSWER to #1 Complaint, by Long Island Railroad. (Pogan, Christopher)
November 8, 2021 Filing 6 NOTICE of Appearance by Christopher J Pogan on behalf of Long Island Railroad (aty to be noticed) (Pogan, Christopher)
November 8, 2021 Filing 5 Corporate Disclosure Statement by Long Island Railroad identifying Corporate Parent MTA, Other Affiliate MTA Bridges and Tunnels, Other Affiliate MTA New York City Transit, Other Affiliate MTA Metro-North Commuter Railroad, Other Affiliate MTA Staten Island Railway, Other Affiliate MTA Capital Construction, Other Affiliate MTA Bus Company for Long Island Railroad. (Pogan, Christopher)
September 28, 2021 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. (Bowens, Priscilla)
September 28, 2021 Filing 3 Summons Issued as to Long Island Railroad. (Bowens, Priscilla)
September 28, 2021 Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen)
September 28, 2021 Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-14878012 Was the Disclosure Statement on Civil Cover Sheet completed - No,, filed by Steven Pullen, Kerry Pullen. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Dell, Joseph) Modified on 9/28/2021 (Flanagan, Doreen).
September 28, 2021 Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge James R. Cho. 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)

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Plaintiff: Steven Pullen
Represented By: Joseph G. Dell
Represented By: Benjamin David Dell
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Plaintiff: Kerry Pullen
Represented By: Joseph G. Dell
Represented By: Benjamin David Dell
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Defendant: Long Island Railroad doing business as MTA Long Island Railroad
Represented By: Christopher J Pogan
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