Stephens v. Delta Airlines, Inc.
| Mr. Jimmie Stephens |
| Delta Airlines, Inc. |
| 1:2022cv04296 |
| July 21, 2022 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Peggy Kuo |
| Airplane |
| 28 U.S.C. ยง 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 17, 2023. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. A Settlement Conference was held on May 17, 2023. Christopher Cellante, Esq. appeared on behalf of Plaintiff. Plaintiff Jimmie Stephens was also present. Michael Crowley, Esq. appeared on behalf of the defendant. Defendant's insurance representative Kirk Bisset was also present. The parties were able to reach an agreement and will execute a written settlement agreement. The parties are directed to file a Stipulation of Dismissal by June 20, 2023. (FTR LOG: 2:16-2:31; 3:05-3:07) (RO) |
| Filing 15 Letter MOTION to Adjourn Conference with Consent by Delta Airlines, Inc.. (Diorio, Samantha) |
ORDER granting #15 Motion to Adjourn Conference. The Settlement Conference is adjourned to May 17, 2023 at 2:15 p.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the defendant with complete settlement authority (other than counsel) must be present, unless leave is granted to participate by phone. The deadline for the parties to submit confidential ex parte settlement statements to Chambers via email to Kuo_Chambers@nyed.uscourts.gov is extended to May 8, 2023. 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. Ordered by Magistrate Judge Peggy Kuo on 3/13/2023. (RO)
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Filing 14
ORDER granting #13 Motion for Extension of Time to Complete Discovery. The proposed discovery plan filed at [13-1] is so-ordered with revisions. The deadline for the parties to file a joint status report certifying the close of fact discovery is extended to June 5, 2023. The deadline for the parties to file a joint status report certifying the close of all discovery is extended to September 11, 2023. If any party seeks a dispositive motion, the deadline to request a pre-motion conference is extended to September 25, 2023. The deadline to file a joint Proposed Pretrial Order is extended to October 30, 2023. The Settlement Conference is adjourned to April 14, 2023 at 2:00 p.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the defendant with complete settlement authority (other than counsel) must be present, unless leave is granted to participate by phone. The parties are directed to submit confidential ex parte settlement statements to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by April 3, 2023. 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. Ordered by Magistrate Judge Peggy Kuo on 1/25/2023. (RO) Modified on 1/25/2023 to correct deadline (RO).
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| Filing 13 STATUS REPORT Jointly Filed by Delta Airlines, Inc. (Attachments: #1 Exhibit Proposed Revised Discovery Plan/Scheduling Order) (Diorio, Samantha) Modified on 1/25/2023 to reflect this is a motion for extension of time to complete discovery (RO). |
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Filing 12
PROTECTIVE ORDER: The proposed Confidentiality Order filed at [9-1] is so-ordered. Ordered by Magistrate Judge Peggy Kuo on 10/26/2022. (RO)
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| Filing 11 Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on October 26, 2022. Attorney Brandon Cotter appeared on behalf of plaintiff. Attorney Samantha Diorio appeared on behalf of defendant. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. The parties are directed to file a joint status report by January 27, 2023 reporting on the progress of discovery and raising any issues which need to be addressed. A settlement conference will be held on March 7, 2023 at 2:00 pm in Courtroom 11C South, before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the defendant with complete settlement authority (other than counsel) must be present, unless leave is granted to participate by phone. The parties are directed to submit confidential ex parte settlement statements to Kuo_Chambers@nyed.uscourts.gov by February 27, 2023. 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. (FTR Log: 10:31 - 10:41) (RO) |
| Filing 10 NOTICE of Appearance by Brandon Cotter on behalf of Jimmie Stephens (aty to be noticed) (Cotter, Brandon) |
| Filing 9 Proposed Scheduling Order Jointly Filed by Delta Airlines, Inc. (Attachments: #1 Proposed Order Stipulated Confidentiality Agreement) (Diorio, Samantha) |
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SCHEDULING ORDER: Due to the Court's unavailability, the Initial Conference is adjourned to October 26, 2022 at 10:30 a.m. and is converted from an in-person proceeding to a telephone proceeding. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. 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.)The deadline for the parties to file a joint proposed discovery plan remains October 20, 2022. Ordered by Magistrate Judge Peggy Kuo on 10/17/2022. (RO)
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| Filing 8 NOTICE of Appearance by Christopher Ralph Cellante on behalf of All Plaintiffs (notification declined or already on case) (Cellante, Christopher) |
| Filing 7 NOTICE of Appearance by Michael J. Crowley on behalf of Delta Airlines, Inc. (aty to be noticed) (Crowley, Michael) |
| Filing 6 ANSWER to #1 Complaint, by Delta Airlines, Inc.. (Diorio, Samantha) |
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Filing 5
SCHEDULING ORDER: An Initial Conference will be held in this case on October 25, 2022, 2022 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. By October 20, 2022, 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. Plaintiff's counsel is directed to ensure that Defendant is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 7/25/2022. (O'Neil-Berven, Ryan)
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| Filing 4 Summons Issued as to Delta Airlines, Inc.. (Davis, Kimberly) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15772610 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Jimmie Stephens. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Cellante, Christopher) |
| Case Assigned to Judge Frederic Block 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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| Plaintiff: Mr. Jimmie Stephens | |
| Represented By: | Christopher Ralph Cellante |
| Represented By: | Brandon Cotter |
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| Defendant: Delta Airlines, Inc. | |
| Represented By: | Michael J. Crowley |
| Represented By: | Samantha Mary Diorio |
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