Lynn v. Allianz Insurance Company et al
| Vincente Lynn |
| Allianz Insurance Company and American Automobile Insurance Company |
| 1:2023cv00097 |
| January 6, 2023 |
| U.S. District Court for the Eastern District of New York |
| Peggy Kuo |
| Eric N Vitaliano |
| Motor Vehicle |
| 28 U.S.C. ยง 1442 Notice of Removal |
| None |
Docket Report
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Filing 11
STIPULATION Of Dismissal: This action is hereby dismissed with prejudice. SO Ordered by Judge Eric N. Vitaliano on 2/13/2023. (JT)
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| Filing 10 STIPULATION of Dismissal by Allianz Insurance Company, American Automobile Insurance Company (Fields, Gavin) |
| Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held by telephone on February 10, 2023. Attorney David Liff Henderson appeared on behalf of plaintiff. Attorney Gavin Fields appeared on behalf of defendant AAIC.Defense counsel informed the court that defendant Allianz Insurance Company is the parent company of defendant American Automobile Insurance Company but is not a properly named legal entity. Plaintiff stated that, based on the policy he has been provided, he would stipulate to dismiss the case without prejudice. However, Defendant will only agree to a dismissal with prejudice. Based on the parties' representation that discovery will likely not be necessary, the Court deferred entering a scheduling order at this time. The parties are directed to discuss whether they can agreed on a stipulation of dismissal that addresses each party's concerns. By February 17, 2023, the parties shall file a stipulation of dismissal, or, if the parties are unable to agree, Plaintiff shall file his response to the #9 Motion for Pre-Motion Conference, if any.(FTR LOG: 11:02 11:23) (RO) |
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SCHEDULING ORDER: The initial conference by telephone scheduled for February 10, 2023 will now begin at 11:00 a.m. Ordered by Magistrate Judge Peggy Kuo on 2/10/2023. (RO)
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| Filing 9 MOTION for pre motion conference by Allianz Insurance Company, American Automobile Insurance Company. (Fields, Gavin) |
| Filing 8 Proposed Scheduling Order by Allianz Insurance Company, American Automobile Insurance Company (Fields, Gavin) |
| Filing 7 NOTICE of Appearance by Joseph A. Oliva on behalf of Allianz Insurance Company, American Automobile Insurance Company (aty to be noticed) (Attachments: #1 Certificate of Service) (Oliva, Joseph) |
| Filing 6 NOTICE of Appearance by David Liff Henderson on behalf of Vincente Lynn (aty to be noticed) (Henderson, David) |
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Filing 5
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on February 10, 2023 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. 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.)Counsel are directed to the annexed Initial Conference Order for instructions. By February 3, 2023, 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. Defendants' counsel is directed to ensure that Platiniff is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 1/10/2023. (RO)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| 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. (SR) |
| Case Assigned to Judge Eric N. Vitaliano 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. (SR) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by Allianz Insurance Company, American Automobile Insurance Company (Fields, Gavin) |
| Filing 1 NOTICE OF REMOVAL by Allianz Insurance Company, American Automobile Insurance Company from Supreme Court, Queens County, case number 7128112/2022. ( Filing fee $ 402 receipt number ANYEDC-16284506) (Attachments: #1 Exhibit A-Summons and Complaint, #2 Exhibit B-Answer of Def., #3 Exhibit C-Preliminary Conference Order, #4 Exhibit D-Plaintiff Response to Demand for Damages, #5 Certificate of Service) (Fields, Gavin) |
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