Wemyss et al v. Delta Air Lines, Inc.
| Robert Wemyss and Christine Wemyss |
| Delta Air Lines, Inc. |
| 1:2023cv00889 |
| February 6, 2023 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Peggy Kuo |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
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| Filing 10 Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held by telephone on March 31, 2023. Attorney Wade Turnbull appeared on behalf of plaintiffs. Attorney Laura Martin appeared on behalf of defendant.Plaintiffs stated they are attempting to identify other defendants and may seek to amend the complaint. Defendant stated that there is no general contractor because Imperial Iron Works contract was directly with Delta. There is an owner controlled insurance policy (OSIP). The Court directed the parties to confer and identify any parties that need to be added as soon as possible.The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. The case is referred to the EDNY ADR Program for court-annexed mediation to be completed by October 31, 2023. The parties are directed to file a joint status report by November 3, 2023 regarding the result of mediation, and indicating, if mediation is not successful, whether they would like a settlement conference with the Court. The parties are directed to file a joint status report by August 4, 2023 reporting on the progress of discovery and raising any issues which need to be addressed. If the parties would like a referral to court-annexed mediation or a settlement conference with the Court, they should file a joint request. (FTR LOG: 10:33 - 10:59) (RO) . Main Document added on 4/4/2023 (RO). |
| 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 (in-person or remote) 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 Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov.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. (TP) |
| Filing 9 Proposed Scheduling Order re Discovery Plan by Delta Air Lines, Inc. (Martin, Laura) |
ORDER: The parties are directed not to file discovery materials on the docket unless the materials are filed in connection with a request for court intervention. See Local Civil Rule 5.1. Discovery materials are to be served on opposing counsel, not filed with the Court. Ordered by Magistrate Judge Peggy Kuo on 3/23/2023. (RO)
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| Filing 8 DISCLOSURE of Interested Parties by Robert Wemyss. (Turnbull, Steven) |
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Filing 7
SCHEDULING ORDER: An Initial Conference will be held in this case on March 31, 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 March 24, 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. Defendant's counsel is directed to ensure that Plaintiffs are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 2/10/2023. (RO)
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| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 5 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 R. Komitee 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 4 Corporate Disclosure Statement by Delta Air Lines, Inc. (Martin, Laura) |
| Filing 3 CERTIFICATE OF SERVICE by Delta Air Lines, Inc. re #2 Proposed Summons/Civil Cover Sheet, #1 Notice of Removal, on plaintiff's counsel (Martin, Laura) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by Delta Air Lines, Inc. (Martin, Laura) |
| Filing 1 NOTICE OF REMOVAL by Delta Air Lines, Inc. from Queens County Supreme Court, case number 707737/2022. ( Filing fee $ 402 receipt number ANYEDC-16379112) (Attachments: #1 Exhibit State Court Summons and Complaint, #2 Exhibit Discontinuance as to Other Defendants, #3 Exhibit Delta Answer filed in State Court, #4 Exhibit Stipulation discontinuing last remaining co-defendant in state court action, #5 Exhibit Bill of Particulars) (Martin, Laura) |
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