Walker v. Lee et al
| Kenneth Walker |
| Angelo Phillip Lee and First Choice Trans, Inc. |
| 1:2022cv04507 |
| August 1, 2022 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Taryn A Merkl |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on September 12, 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 9/12/2022 before Magistrate Judge Taryn A. Merkl. Appearances by Gennady Volz for Plaintiff; Tomas Lim 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 exchange Rule 26(a) initial disclosures and medical authorizations by 9/30/2022. First requests for production of documents and interrogatories are due by 9/30/2022. The deadline to join new parties or amend the pleadings as of right is 10/14/2022. Phase I discovery shall be completed by 11/14/2022. Fact discovery shall be completed by 2/3/2023. The deadline to file a status report on ECF certifying the close of fact discovery is 2/6/2023. Expert disclosures shall be exchanged by 3/27/2023. Expert depositions shall be completed by 4/28/2023. Rebuttal expert reports shall be exchanged by 5/12/2023. All discovery shall be completed by 5/29/2023. The parties are directed to file a joint status report certifying the close of all discovery by 6/12/2023. The deadline to initiate any dispositive motions is 7/12/2023, and should be done in accordance with the Individual Rules & Practices of Magistrate Judge Taryn A. Merkl.The parties are directed to file a joint status report by 11/21/2022 indicating their progress as to discovery, settlement negotiations, 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 9/12/2022. (AT&T Log #2:03-2:27.) (Devanathan, Deepa)
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| Filing 11 CASE MANAGEMENT STATEMENT (Voldz, Gennady) |
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ORDER: On 8/2/2022, the parties were directed to file a case management worksheet no later than 9/5/2022. The parties have not filed a case management worksheet. The parties are directed to file their case management worksheet by 9/9/2022. Ordered by Magistrate Judge Taryn A. Merkl on 9/8/2022. (Devanathan, Deepa)
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| Filing 10 NOTICE by Kenneth Walker re #9 Arbitration Designation and Procedure,,, #3 Notice(Other) Not Eligible for Arbitration (Voldz, Gennady) |
| Filing 9 NOTICE Designating Case To Arbitration. This case has been designated to participate in the non-binding Court Annexed Arbitration Program pursuant to Local Civil Rule 83.7: https://img.nyed.uscourts.gov/files/local_rules/localrules.pdf The Rule requires the Clerk of Court to designate and process for compulsory arbitration "all civil cases (excluding social security cases, tax matters, prisoners' civil rights cases, and any action based on an alleged violation of a right secured by the Constitution of the United States or if jurisdiction is based in whole or in part on Title 28 U.S.C. sec. 1343) wherein money damages only are being sought in an amount not in excess of $150,000.00 exclusive of interest and costs." Damages are presumed not to be in excess of the arbitration limit unless a certification is filed in accordance with Local Civil Rule 83.7. An Arbitration Hearing will be scheduled after an Answer is filed. (Credle, Rita) |
| CASE REFERRED to Arbitration. (Credle, Rita) |
| Filing 8 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Taryn A. Merkl for all further proceedings. Judge Frederic Block no longer assigned to case 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. (Signed by Jalitza Poveda, Deputy Clerk on 8/8/22) (Galeano, Sonia) |
| Filing 7 CONSENT to Jurisdiction by US Magistrate Judge by First Choice Trans, Inc., Angelo Phillip Lee. (Lim, Tomas) |
| Case no longer referred to Magistrate Judge Taryn A. Merkl. (Galeano, Sonia) |
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Filing 6
SCHEDULING ORDER: A telephonic Initial Conference will be held on 9/12/2022 at 2:00 p.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 9/5/2022. 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 8/2/2022. (Chan, Kaity)
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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) |
| Filing 3 Civil Cover Sheet by First Choice Trans, Inc., Angelo Phillip Lee re #2 Notice(Other), #1 Notice of Removal,, (Lim, Tomas) Modified on 8/1/2022 (Bowens, Priscilla). |
| Filing 2 Disclosure by First Choice Trans, Inc., Angelo Phillip Lee re #1 Notice of Removal,, (Lim, Tomas) Modified on 8/1/2022 (Bowens, Priscilla). |
| Filing 1 NOTICE OF REMOVAL by First Choice Trans, Inc., Angelo Phillip Lee from Supreme Court, Kings County, case number 511416/2022. ( Filing fee $ 402 receipt number ANYEDC-15801272) (Attachments: #1 Exhibit Exhibit A - State Court S&C, #2 Exhibit Exhibit B - AOS State Court, #3 Exhibit Exhibit C - Defendants Answer, #4 Exhibit Exhibit D - Damages Demand, #5 Exhibit Exhibit E - BP Demand, #6 Exhibit Exhibit F - Damages Response, #7 Exhibit Exhibit G - BP Response, #8 Exhibit Exhibit H - Notice to Adverse Parties, #9 Exhibit Exhibit I - State Court Notice, #10 Certificate of Service Declaration of Service - Notice of Removal papers) (Lim, Tomas) |
| Case Assigned to Judge Frederic Block 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) |
| 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) |
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