Soldado Magraner v. Delta Air Lines, Inc. et al
| Joana Soldado Magraner |
| Delta Air Lines, Inc. and Endeavor Air, Inc. doing business as Delta Connection |
| 1:2022cv05394 |
| September 9, 2022 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Eric N Vitaliano |
| Airplane |
| 28 U.S.C. ยง 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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| Filing 13 NOTICE of Appearance by Abram I. Bohrer on behalf of Joana Soldado Magraner (aty to be noticed) (Bohrer, Abram) |
Filing 12
SCHEDULING ORDER: A telephonic initial conference will be held at 2:30 P.M. on 01/27/2023 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274; access code is 6534420. Plaintiff is directed to notify Defendants' of this scheduling order at the time Defendants' makes an appearance in this matter. Counsel are also directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 01/25/2023. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/3/2022. (EM)
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ORDER: The motion for extension of time to file answer #11 is denied without prejudice to renewal. Defendants seek to extend the time to answer, move, or otherwise respond to the Complaint by stipulating to an extension with Plaintiff. Defendant Delta Air Lines, Inc.'s answer was due on 10/10/2022. (See Summons Returned Executed dated Sept. 20, 2022, Dkt. No. #7 ). Defendant Endeavor Air, Inc.'s answer was due on 10/11/2022. (See Summons Returned Executed dated Sept. 20, 2022, Dkt. No. #8 ). Because they are seeking to extend the time to answer after the time to do so has passed, Defendants must file a motion by 11/22/2022 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) ("If an answer is filed late, the court may treat the issue as one of default. See John v. Sotheby's, Inc., 141 F.R.D. 29, 35 (S.D.N.Y. 1992) ('The filing of a late answer is analogous to a motion to vacate a default.') (citing Meehan v. Snow, 652 F.2d 274, 276 (2d Cir. 1981)). The court may then consider whether, under the factors discussed in Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993), default should be vacated."). In light of this ruling, Defendants' first motion for extension of time to file answer #10 is denied as moot. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/1/2022. (IS)
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| Filing 11 First MOTION for Extension of Time to File Answer by Delta Air Lines, Inc.. (Shearer, Douglas) |
| Filing 10 First MOTION for Extension of Time to File Answer by Delta Air Lines, Inc.. (Shearer, Douglas) |
| Filing 9 NOTICE of Appearance by Douglas Andrew Shearer on behalf of All Defendants (aty to be noticed) (Shearer, Douglas) |
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ORDER: In light of Defendants' failure to appear in this action, Plaintiff shall seek a certificate of default by 11/18/2022 and shall file any motion for default judgment within 60 days of issuance of a certificate of default. So Ordered by Magistrate Judge Sanket J. Bulsara on 10/19/2022. (IS)
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| Filing 8 SUMMONS Returned Executed by Joana Soldado Magraner. Endeavor Air, Inc. served on 9/20/2022, answer due 10/11/2022. (Zeitzoff, David) |
| Filing 7 SUMMONS Returned Executed by Joana Soldado Magraner. Delta Air Lines, Inc. served on 9/19/2022, answer due 10/10/2022. (Zeitzoff, David) |
| Filing 6 Summons Issued as to Delta Air Lines, Inc., Endeavor Air, Inc. (Attachments: #1 Summons Issued) (Tavarez, Jennifer) |
| Filing 5 Proposed Summons. by Joana Soldado Magraner (Zeitzoff, David) |
| Filing 4 Proposed Summons. by Joana Soldado Magraner (Zeitzoff, David) |
| 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-15925133 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Joana Soldado Magraner. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons to Delta Air Lines, Inc., #3 Proposed Summons to Endeavor Air, Inc.) (Zeitzoff, David) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Sanket J. Bulsara. 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) |
| Your proposed summons was not issued for one of the following reasons: No name and address on the Plaintiffs attorney name and addresses section.Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
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