Pund et al v. St. Francis College et al
| Becky Pund and Charles Pund |
| St. Francis College, John Does 1-10 and Irma Garcia |
| 1:2023cv01498 |
| February 24, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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| Filing 10 Letter Requesting Adjournment of Deadline to file Proposed Case Management Plan by Irma Garcia, St. Francis College (Soebke, Ryan) |
ORDER: In response to Defendants' letter indicating that they intend to move to dismiss Plaintiffs' complaint, see ECF No. #10 , the Court adjourns sine die the parties' deadline to submit the joint letter and case management plan required by the Court's prior scheduling order, see ECF No. #5 . Defendants shall file a letter no longer than five pages on or before May 16, 2023, that describes the factual and legal bases for both Defendants' anticipated motion to dismiss and Defendants' request to stay discovery while the motion to dismiss is pending. Plaintiffs' apparent consent to a stay of discovery will not be sufficient reason for such a stay. Plaintiffs shall file a responsive letter no longer than five pages on or before May 23, 2023. The Court will decide after reviewing the parties' letters whether to stay discovery or to set a new deadline for the parties to submit a case management plan. Ordered by Judge Hector Gonzalez on 4/18/2023. (BH)
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| Filing 9 WAIVER OF SERVICE Returned Executed by St. Francis College. St. Francis College waiver sent on 3/17/2023, answer due 5/16/2023. (Soebke, Ryan) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Irma Garcia. Irma Garcia waiver sent on 3/17/2023, answer due 5/16/2023. (Soebke, Ryan) |
| Filing 7 NOTICE of Appearance by Ryan Matthew Soebke on behalf of Irma Garcia, St. Francis College (aty to be noticed) (Soebke, Ryan) |
| Filing 6 NOTICE of Appearance by Ariel E. Ronneburger on behalf of Irma Garcia, St. Francis College (aty to be noticed) (Ronneburger, Ariel) |
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Filing 5
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by April 21, 2023, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiffs' counsel shall notify Defendants' counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendants' deadline to answer or otherwise respond to Plaintiffs' complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answer(s) to set a discovery schedule. Ordered by Judge Hector Gonzalez on 3/17/2023. (BH)
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| Filing 4 Letter Letter re Waivers of Service by Becky Pund, Charles Pund (Gianakis, James) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Case Assigned to Judge Hector Gonzalez. 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. (KD) |
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ORDER: Plaintiffs shall file a letter no longer than three pages on or before March 17, 2023, describing Plaintiffs' efforts to serve Plaintiffs' complaint and a summons on each Defendant. Notably, it appears that Plaintiffs have not filed a proposed summons for the Clerk of Court to issue.If Plaintiffs fail to file the letter required by this order, or if Plaintiffs' letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiffs to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause.The Court will not extend the deadline for Plaintiffs to file the letter required by this order unless Plaintiffs request an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 3/2/2023. (BH)
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| Filing 1 COMPLAINT against Irma Garcia, John Does 1-10, St. Francis College filing fee $ 402, receipt number ANYEDC-16442389 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Becky Pund, Charles Pund. (Attachments: #1 Civil Cover Sheet) (Gianakis, James) |
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