Claude v. Medair Repair LLC et al
| Clifford A Claude |
| Medair Repair LLC and Eric Scharf |
| 1:2022cv06109 |
| October 11, 2022 |
| US District Court for the Eastern District of New York |
| Vera M Scanlon |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| None |
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| Filing 10 AFFIDAVIT/AFFIRMATION re #8 Consent to Jurisdiction by US Magistrate Judge by Medair Repair LLC, Eric Scharf (Leff, Richard) |
| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms, and must be signed by all participants, including the mediator. The signed confidentiality stipulation must be uploaded via the Courts website here: https://edny.app.box.com/f/1fabaa0a170b4fd293704738238fd876. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (BBM) |
ORDER. The Court has reviewed the proposed scheduling order at #7 and adopts the dates proposed therein. Plaintiff will serve a settlement demand by 1/18/2023, and Defendants will respond by 2/20/2023. Any joinder and/or amendments of the pleadings must be made by 5/5/2023. The parties will complete fact discovery by 7/28/2023. If the parties perform expert discovery, they will serve initial disclosures by 8/31/2023; initial expert reports by 10/21/2023; and rebuttal expert reports on or before 11/18/2023. All discovery, including expert depositions, will be completed by 12/21/2023, and the parties will file a joint letter certifying the close of all discovery by this same date. On or before 1/31/2024, any dispositive motion practice must be commenced in accordance with the Individual Practice Rules of Magistrate Judge Vera M. Scanlon. Given the satisfactory schedule, the 11/7/2022 conference is cancelled as unnecessary. On consent, the parties are referred to Court-annexed mediation. They are to select the mediator and inform the Court of the choice by 11/28/2022. A Telephone Conference is scheduled for 6/15/2023 at 3:00 PM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and enter access code 3581283 for the AT&T conference bridge. On or before 5/30/2023, the parties will file a joint status letter of up to three pages regarding their progress and identifying any discovery disputes. If either party requests or both parties request a jury, they should file a jury demand. The letter as to jurisdiction is due by 10/31/2022 per the 10/14/2022 Order. Ordered by Magistrate Judge Vera M. Scanlon on 10/24/2022. (JR)
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| Case referred to mediation. (TL) |
| Filing 9 CONSENT to Jurisdiction by US Magistrate Judge: Case reassigned to Magistrate Judge Vera M. Scanlon for all further proceedings. Judge Diane Gujarati 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. (KA) |
| Case no longer referred to Magistrate Judge Vera M. Scanlon. (KA) |
| Filing 8 CONSENT to Jurisdiction by US Magistrate Judge by Medair Repair LLC, Eric Scharf. (Leff, Richard) |
| Filing 7 Proposed Scheduling Order by Medair Repair LLC, Eric Scharf (Leff, Richard) |
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Filing 6
SCHEDULING ORDER: A Telephonic Initial Conference is scheduled for 11/7/2022 at 2:30 PM before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Persons granted remote access to proceedings are reminded of the general prohibition against recording and rebroadcasting of court proceedings. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 10/25/2022. Ordered by Magistrate Judge Vera M. Scanlon on 10/14/2022. (JR)
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ORDER. On or before 10/31/2022, Defendants must file an affidavit confirming the membership of Medair Repair LLC in order to confirm that diversity jurisdiction exists. Ordered by Magistrate Judge Vera M. Scanlon on 10/14/2022. (JR)
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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. (PB) |
| 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. (PB) |
| Filing 3 Civil Cover Sheet.. by Medair Repair LLC, Eric Scharf (Attachments: #1 Exhibit A - S&C, #2 Exhibit B - Answer, #3 Exhibit C - Amended Answer, #4 Exhibit D - Ad Damnum Demand, #5 Exhibit E - Response to Ad Damnum Demand) (Leff, Richard) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal by Medair Repair LLC, Eric Scharf (Leff, Richard) |
| Notice: Re: Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please submit Civil Cover Sheet. (PB) |
| Incomplete Case/Document/Entry Information. Please forward Complaint and Summons documents from other Court. (PB) |
| Case Assigned to Judge Diane Gujarati and Magistrate Judge Vera M. Scanlon. 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. (PB) |
| 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. (PB) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Kings County, case number 506952/2022. ( Filing fee $ 402 receipt number ANYEDC-16025810) (Leff, Richard) |
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