Cresante v. Long Island Rail Road Company
| Joseph Cresante |
| Long Island Rail Road Company |
| 1:2022cv01861 |
| April 4, 2022 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Robert M Levy |
| Federal Employer's Liability |
| 45 U.S.C. ยง 51 Railways: Fed. Employer's Liability Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 25, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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ORDER granting #11 Motion for Extension of Time to Answer. Ordered by Magistrate Judge Robert M. Levy on 5/25/2022. (Marino, Janine)
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| Filing 11 First MOTION for Extension of Time to File Answer re Order on Motion for Extension of Time to Answer,,, by Long Island Rail Road Company. (Attachments: #1 Exhibit Answer) (Pogan, Christopher) |
| Filing 10 Letter of Explanation by Joseph Cresante (Flynn, Michael) |
| Filing 9 NOTICE of Appearance by Michael D. Flynn on behalf of Joseph Cresante (aty to be noticed) (Flynn, Michael) |
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ORDER RE #7 : The Stipulation for an Extension of Time to Answer #7 is denied without prejudice to renewal. Defendant Long Island Rail Road Company ("Defendant") seeks to extend the time to answer, move, or otherwise respond to the Complaint. Defendant's answer was due on 5/4/22. Because it is seeking to extend the time to answer after the time to do so has passed, Defendant must file a motion by 5/31/22 that explains why, under the standards set forth in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), a belated answer is permissible, and why a default should not be entered. Liang v. Home Reno Concepts, LLC, 803 F. App'x 444, 446 n.2 (2d Cir. 2020). Ordered by Magistrate Judge Robert M. Levy on 5/20/2022. (Marino, Janine)
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| Filing 8 Corporate Disclosure Statement by Long Island Rail Road Company identifying Corporate Parent MTA, Other Affiliate MTA Bridges and Tunnels, Other Affiliate MTA - NYC Transit, Other Affiliate MTA Staten Island Railway, Other Affiliate MTA Capital Construction, Other Affiliate MTA Bus Company, Other Affiliate MTA Metro North Commuter Railroad for Long Island Rail Road Company. (Pogan, Christopher) |
| Filing 7 STIPULATION Extension of Time to Answer by Long Island Rail Road Company (Pogan, Christopher) Modified on 5/20/2022 (Marino, Janine). |
| Filing 6 NOTICE of Appearance by Christopher J Pogan on behalf of Long Island Rail Road Company (aty to be noticed) (Pogan, Christopher) |
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ORDER: A complaint in the above captioned case was filed on April 4, 2022 and an answer was due on May 4, 2022. To date, no answer has been filed. Plaintiff is ordered to either move for entry of default or submit a written explanation to the Court as to why he has not done so by June 2, 2022. Failure to comply with this order may result in the imposition of sanctions, including a recommendation to Judge Frederic Block that this case be dismissed for failure to prosecute. Ordered by Magistrate Judge Robert M. Levy on 5/19/2022. (Marino, Janine)
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| Filing 5 SUMMONS Returned Executed by Joseph Cresante. Long Island Rail Road Company served on 4/13/2022, answer due 5/4/2022. (Lauriello, Valerie) |
| 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) |
| Filing 2 Summons Issued as to Long Island Rail Road Company. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Long Island Rail Road Company filing fee $ 402, receipt number ANYEDC-15436479 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Joseph Cresante. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Lauriello, Valerie) |
| Case Assigned to Judge Frederic Block and Magistrate Judge Robert M. Levy. 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: Joseph Cresante | |
| Represented By: | Valerie J. Lauriello |
| Represented By: | Michael D. Flynn |
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| Defendant: Long Island Rail Road Company | |
| Represented By: | Christopher J Pogan |
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