Kozlovskaya v. Kia America, Inc.
| Jane Kozlovskaya |
| Kia America, Inc. |
| 1:2023cv03995 |
| May 30, 2023 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Taryn A Merkl |
| Tort Product Liability |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Defendant |
Docket Report
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Minute Entry and Order: A telephonic Initial Conference was held on 7/19/2023 before Magistrate Judge Taryn A. Merkl. Appearances by Efrom Gross for Plaintiff; Leland Kellner for Defendant Kia America, Inc.; no appearance for Kia Motors Corporation. Defendant Kia America, Inc. stated that Defendant Kia Motors Corporation, which is based in South Korea, has not yet been served in this action. Plaintiff expressed an intention to amend the complaint to remove claims that are past the relevant statute of limitations.The parties confirmed that they have held their Rule 26(f) conference. The Court reminded the parties of their obligations to preserve and, if appropriate, produce electronically stored information during discovery. As stated on the record, the parties' discovery plan is adopted, in part, as follows. Plaintiff shall file an amended complaint by 8/15/2023. If named as a Defendant, Plaintiff is directed to serve the Amended Complaint on Kia Motors Corp. as soon as practicable after it is filed. Rule 26(a) initial disclosures and any HIPAA-compliant records authorizations shall be exchanged by 8/15/2023 . First requests for documents and interrogatories shall be exchanged by 8/31/2023. The parties' proposed confidentiality order shall be filed on ECF by 8/31/2023. Phase I discovery shall be completed by 10/20/2023. Fact discovery shall be completed on or before 3/15/2024. The parties are directed to file a joint status report certifying the close of fact discovery by 3/29/2024. Exchange of expert disclosures shall be completed by 4/15/2024 for Plaintiff and 6/14/2024 for Defendant. Exchange of rebuttal expert reports shall be completed by 7/15/2024. Expert depositions shall be completed by 8/30/2024 for Plaintiff and 9/30/2024 for Defendant. All expert discovery shall be completed by 9/30/2024, and certification of the completion of all discovery shall be filed on ECF by 10/15/2024. The last date to take the first step in dispositive motion practice is 11/15/2024, and should be done in accordance with the Individual Rules of the assigned District Judge.A pre-settlement status conference will be held on 11/1/2023 at 10:00am before Magistrate Judge Taryn A. Merkl. The Court notes, that because it is a pre-settlement status conference, the parties are not required to attend. Counsel are directed to call the toll-free number (877) 336-1839. The access code is 3914302. Counsel shall dial in five (5) minutes before the scheduled conference. Ordered by Magistrate Judge Taryn A. Merkl on 7/19/2023. (AT&T Log #3:02-3:26.) (JF)
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| Filing 7 CASE MANAGEMENT STATEMENT (Kellner, Leland) |
| Filing 6 Corporate Disclosure Statement by Kia America, Inc. (Kellner, Leland) |
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ORDER: Defendants assert diversity jurisdiction under 28 U.S.C. 1332. (Notice of Removal, ECF No. #1 , 3-16.) In diversity cases, the newly-revised Fed. R. Civ. P. 7.1 requires parties or intervenors to file a disclosure statement "(A) when the action is filed in or removed to federal court, and (B) when any later event occurs that could affect the court's jurisdiction under 1332(a)." See Fed. R. Civ. P. 7.1; see also United States Courts, Current Rules of Practice & Procedure, https://www.uscourts.gov/rules-policies/current-rules-practice-procedure. Under Rule 7.1(a)(2), the disclosure "statement must name -- and identify the citizenship of -- every individual or entity whose citizenship is attributed to that party or intervenor." See 28 U.S.C. 1332(c)(1) ("[A] corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business...."). Defendants are directed to file a disclosure statement by 6/20/2023. Ordered by Magistrate Judge Taryn A. Merkl on 6/13/2023. (JF)
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Filing 5
SCHEDULING ORDER: A telephonic Initial Conference will be held on 7/19/2023 at 3:00 p.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the attached Case Management Worksheet and electronically file same with the Court no later than 7/12/2023. Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Ordered by Magistrate Judge Taryn A. Merkl on 6/9/2023. (KC)
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| Filing 4 ANSWER to Complaint by Kia America, Inc.. (Kellner, Leland) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Taryn A. Merkl. 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) |
| 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) |
| Filing 1 NOTICE OF REMOVAL by Kia America, Inc. from Supreme Court of the State of New York, County of Kings, case number 501051/2023. ( Filing fee $ 402 receipt number ANYEDC-16745890) (Attachments: #1 Civil Cover Sheet, #2 Certificate of Service, #3 EXH A) (Kellner, Leland) |
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| Plaintiff: Jane Kozlovskaya | |
| Represented By: | Efrom Gross |
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| Defendant: Kia America, Inc. | |
| Represented By: | Leland Ivan Kellner |
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