Moya et al v. Lopez et al
| Adriana Moya and Nicola Moya |
| Fernando Lopez and Veritiv Operating Company |
| 1:2022cv01573 |
| March 22, 2022 |
| US District Court for the Eastern District of New York |
| Taryn A Merkl |
| Eric N Vitaliano |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on May 11, 2022. A more recent docket listing may be available from PACER.
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Minute Entry and Order: A telephonic Initial Conference was held on 5/11/2022 before Magistrate Judge Taryn A. Merkl. Appearance by Michelle Jean-Jacques for Plaintiffs; Nicole Boeckle for Defendants. The parties represented that they have already completed their Rule 26(f) conference. The parties' proposed discovery schedule is adopted, in part, as follows. The parties are directed to file their proposed confidentiality order by 5/27/2022. Initial disclosures and medical authorizations shall be exchanged by 5/27/2022. First requests for production of documents and interrogatories are due by 6/13/2022. Phase I discovery shall be completed by 8/5/2022. The deadline to join new parties or amend the pleadings as of right is 8/12/2022. Fact discovery shall be completed by 11/30/2022. The deadline to file a status report on ECF certifying the close of fact and all discovery is 12/7/2022. Exchange of expert disclosures shall be completed by 12/14/2022. Exchange of rebuttal expert disclosures shall be completed by 1/31/2023. Expert depositions shall be completed by 3/1/2023. All expert discovery shall be completed by 3/1/2023. The parties are directed to file a joint status report certifying the close of all discovery by 3/8/2023. The deadline to initiate any dispositive motions is 4/10/2023 , and should be done in accordance with the Individual Motion Practice and Rules of Judge Eric N. Vitaliano.The parties are directed to file a joint status report by 8/12/2022 indicating their progress as to discovery and settlement, and whether the parties would like a referral to the EDNY Mediation Program, or a settlement conference before the Court. Ordered by Magistrate Judge Taryn A. Merkl on 5/11/2022. (AT&T Log #11:32-11:53.) (Chan, Kaity)
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| Filing 9 CASE MANAGEMENT STATEMENT (Boeckle, Nicole) |
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Filing 8
SCHEDULING ORDER: A telephonic Initial Conference will be held on 5/11/2022 at 11:30 a.m before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the attached Case Management Worksheet and electronically file same with the Court no later than 5/4/2022. Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Ordered by Magistrate Judge Taryn A. Merkl on 4/13/2022. (Chan, Kaity)
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| Filing 7 ANSWER to Complaint (Notice of Removal) by Fernando Lopez, Veritiv Operating Company. (Rolle, Lisa) |
| Filing 6 NOTICE of Appearance by Michelle Jean-Jacques on behalf of Adriana Moya, Nicola Moya (aty to be noticed) (Jean-Jacques, Michelle) |
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ORDER: In removal actions, Federal Rule of Civil Procedure 81(c)(2) requires the defendant to file an answer 21 days after service of the initial pleading or 7 days after the notice of removal was filed, whichever is longer. Defendants filed their notice of removal in this case on 3/22/2022, but have failed to answer or otherwise respond to the Complaint, which was originally filed in state court on 2/8/2022. Defendants are hereby directed to file an answer or otherwise respond to the Complaint in this case on or before 4/18/2022. Ordered by Magistrate Judge Taryn A. Merkl on 4/4/2022. (Chan, Kaity)
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| Filing 5 NOTICE of Appearance by Nicole Boeckle on behalf of All Defendants (aty to be noticed) (Boeckle, Nicole) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Taryn A. Merkl. 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 2 Civil Cover Sheet.. Re #1 Notice of Removal by Fernando Lopez, Veritiv Operating Company (Rolle, Lisa) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from SUPREME COURT, case number 702817/2022. ( Filing fee $ 402 receipt number ANYEDC-15399228) (Attachments: #1 Exhibit A - Pleadings) (Rolle, Lisa) |
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