Uzoigwe v. Charter Communications, LLC
Plaintiff: Onwy Uzoigwe
Defendant: Charter Communications, LLC
Case Number: 1:2023cv07383
Filed: October 3, 2023
Court: US District Court for the Eastern District of New York
Presiding Judge: Lois Bloom
Referring Judge: Hector Gonzalez
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Contract Dispute
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 24, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 1, 2023 Filing 28 CASE MANAGEMENT STATEMENT (Kabat, Michael)
December 1, 2023 Filing 27 CASE MANAGEMENT STATEMENT Joint Letter with Case Overview (Kabat, Michael)
November 22, 2023 Opinion or Order Filing 26 ORDER: For the reasons set forth in the accompanying order, the Court denies Plaintiff's Motion to Remand to State Court. Ordered by Judge Hector Gonzalez on 11/22/2023. (KM)
November 22, 2023 Filing 25 MEMORANDUM in Support re #24 Notice of MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) filed by Charter Communications, LLC. (Kabat, Michael)
November 22, 2023 Filing 24 Notice of MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) by Charter Communications, LLC. (Kabat, Michael)
November 17, 2023 Filing 23 Letter Response to Plaintiff's November 13, 2023 Letter Requesting Leave to File Reply by Charter Communications, LLC (Miller, Shawna)
November 17, 2023 Opinion or Order ORDER: The Court is in receipt of Plaintiff's letter, see ECF No. #22 , and Defendant's response, see ECF No. #23 , regarding Plaintiff's request for leave to file a Reply to Defendant's Opposition to Plaintiff's Motion for Remand. As previously noted, the Court does not need a reply and therefore DENIES Plaintiff's request to file a reply. Ordered by Judge Hector Gonzalez on 11/17/2023. (KM)
November 13, 2023 Filing 22 Letter dated November 13, 2023 to Judge Gonzalez from pro se Plaintiff Onwy Uzoiqwe requesting for Leave of the Court to Reply to Defendant's Memorandum of Law in Opposition of Plaintiff's Motion to Remand. See letter for further details. (JVC)
November 10, 2023 Filing 21 RESPONSE in Opposition re #10 Letter MOTION to Remand to State Court and Dismiss Defendant's #1 Notice of Removal with Certificate of Service enclosed, filed filed by Charter Communications, LLC. (Kabat, Michael)
November 1, 2023 Filing 20 RESPONSE in Opposition re #18 Letter MOTION for Hearing . Plaintiff is requesting an evidentiary hearing filed filed by Charter Communications, LLC. (Miller, Shawna)
November 1, 2023 Opinion or Order ORDER. The Court has received Plaintiff's letter, see ECF No. #18 , and Defendant's Response, see ECF No. #20 , regarding Plaintiff's request for an evidentiary hearing. The Court DENIES Plaintiff's request for a hearing as it finds it unnecessary because the issue is being briefed in a pending motion for remand and Defendant's response is due November 10, 2023. Ordered by Judge Hector Gonzalez on 11/1/2023. (KM)
October 26, 2023 Opinion or Order Filing 19 ORDER: Plaintiff requests that defendant respond to certain "requests for admission" as part of plaintiff's discovery requests. ECF No. #17 . Any request for discovery is denied as premature, as the Court has not set a discovery schedule. See Federal Rule of Civil Procedure 16(b); see also ECF No. 16. See attached Order. Ordered by Magistrate Judge Lois Bloom on 10/26/2023. (EW)
October 25, 2023 Filing 18 Letter MOTION for Hearing . Plaintiff is requesting an evidentiary hearing filed by Onwy Uzoigwe. (JVC)
October 24, 2023 Filing 17 Letter dated October 24, 2023 to Judge Gonzalez from pro se Plaintiff, Onwy Uzoigwe requesting for Admissions from Defendant regarding Service of Process. (JVC)
October 21, 2023 Opinion or Order Filing 16 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 December 1, 2023, as further described in the attached mandatory requirements. The parties' joint letter shall include a description of any discovery that has already been conducted in state court prior to Defendant's removal of this case.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. Ordered by Judge Hector Gonzalez on 10/21/2023. (KM)
October 21, 2023 Opinion or Order SCHEDULING ORDER re ECF Nos. #8 , #10 , #13 , #14 The Court has reviewed the parties' papers regarding a pre-motion conference for Defendant's motion to dismiss and motion to stay discovery and Plaintiff's motion to remand to state court. The Court DENIES Defendant's motion to stay discovery and sets the following briefing schedule on the motion for remand and motion to dismiss in lieu of a pre-motion conference: Defendant's opposition brief to Plaintiff's motion for remand is due November 10, 2023. There will be no reply. Defendant's motion to dismiss is due November 22, 2023, Plaintiff's opposition is due December 22, 2023. A reply, if any, is due January 5, 2024. The parties are directed to review Section IV.B of this Court's Individual Practices. Ordered by Judge Hector Gonzalez on 10/21/2023. (KM)
October 18, 2023 Filing 15 Letter re: Delivery of Plaintiff's Exhibit B to Chambers by Charter Communications, LLC (Miller, Shawna)
October 18, 2023 Filing 14 RESPONSE in Opposition re #10 Letter MOTION to Remand to State Court and Dismiss Defendant's #1 Notice of Removal with Certificate of Service enclosed, filed filed by Charter Communications, LLC. (Attachments: #1 Exhibit 1 - Documents Defendant Received from Plaintiff via U.S. Mail) (Miller, Shawna)
October 11, 2023 Filing 13 RESPONSE in Opposition regarding Defendant's #8 Letter MOTION for pre motion conference on motion to dismiss and motion to stay discovery filed pro se Plaintiff by Onwy Uzoigwe. (JC)
October 11, 2023 Filing 12 Pro Se Consent to Electronic Notification filed by Onwy Uzoigwe. (JC)
October 11, 2023 Opinion or Order ORDER. The Court has received both parties' letters regarding Defendant's motion to dismiss. Before the Court decides whether a conference is necessary or sets a briefing schedule, Defendant shall file a letter responding to Plaintiff's Letter Motion to Remand, see ECF No. #10 , by October 18, 2023. Ordered by Judge Hector Gonzalez on 10/11/2023. (KM)
October 10, 2023 Filing 11 NOTICE of Appearance by Shawna M. Miller on behalf of Charter Communications, LLC (notification declined or already on case) (Miller, Shawna)
October 10, 2023 Opinion or Order ORDER granting #9 Motion for Leave to Appear Pro Hac Vice. Attorney Shawna M. Miller shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Ordered by Magistrate Judge Lois Bloom on 10/10/2023. (EW)
October 6, 2023 Filing 10 Letter MOTION to Remand to State Court and Dismiss Defendant's #1 Notice of Removal with Certificate of Service enclosed, filed by Onwy Uzoigwe. (JC)
October 6, 2023 Filing 9 MOTION to Appear Pro Hac Vice Shawna M Miller Filing fee $ 150, receipt number ANYEDC-17158680 by Charter Communications, LLC. (Attachments: #1 Affidavit In Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing from Supreme Court of Georgia) (Miller, Shawna)
October 5, 2023 Opinion or Order ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Lois Bloom for all further proceedings. Magistrate Judge Cheryl L. Pollak 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.Ordered by Chief Judge Margo K. Brodie on 10/5/2023. Motions referred to Lois Bloom. (KD)
October 4, 2023 Filing 8 Letter MOTION for pre motion conference on motion to dismiss and motion to stay discovery by Charter Communications, LLC. (Kabat, Michael)
October 4, 2023 Filing 7 Civil Cover Sheet.. by Charter Communications, LLC (Kabat, Michael)
October 3, 2023 Filing 6 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD)
October 3, 2023 Filing 5 Case transferred in from District of New York Southern; Case Number 7:23-cv-08539. Original file certified copy of transfer order and docket sheet received.
September 29, 2023 MAILING RECEIPT: Document No: 4. Mailed to: Onwy Uzoigwe 7400 Brixworth Court Apt. 104 Windsor Mill, MD 21244. (sha) [Transferred from New York Southern on 10/3/2023.]
September 28, 2023 Opinion or Order Filing 4 ORDER: This case, originally filed in state court in Queens, was removed to this Court in error. With the consent of Defendant's counsel, it is hereby ORDERED that the Clerk of Court transfer this case to the U.S. District Court for the Eastern District of New York. The seven-day waiting period of Local Rule 83.1 is waived. (HEREBY ORDERED by Judge Cathy Seibel) (Text Only Order) (Seibel, Cathy) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/3/2023.]
September 28, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) [Transferred from New York Southern on 10/3/2023.]
September 28, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Michael David Kabat to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): not all corporate parents/other affiliates were added; the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb) [Transferred from New York Southern on 10/3/2023.]
September 28, 2023 Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) [Transferred from New York Southern on 10/3/2023.]
September 28, 2023 Case Designated ECF. (pc) [Transferred from New York Southern on 10/3/2023.]
September 28, 2023 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(rro) [Transferred from New York Southern on 10/3/2023.]
September 28, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael David Kabat to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple citizenships for the plaintiff and defendant were selected. Choose one for each;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) [Transferred from New York Southern on 10/3/2023.]
September 28, 2023 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael David Kabat. The following case opening statistical information was erroneously selected/entered: County code Queens; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc) [Transferred from New York Southern on 10/3/2023.]
September 27, 2023 Filing 3 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Charter Communications, Inc. for Charter Communications, LLC. Document filed by Charter Communications, LLC..(Kabat, Michael) Modified on 9/28/2023 (lb). [Transferred from New York Southern on 10/3/2023.]
September 27, 2023 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Kabat, Michael) Modified on 9/28/2023 (pc). [Transferred from New York Southern on 10/3/2023.]
September 27, 2023 Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Queens. Case Number: 717511/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-28349190).Document filed by Charter Communications, LLC. (Attachments: #1 Exhibit A - Summons and Complaint).(Kabat, Michael) [Transferred from New York Southern on 10/3/2023.]

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Plaintiff: Onwy Uzoigwe
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Defendant: Charter Communications, LLC
Represented By: Michael David Kabat
Represented By: Michael Kabat
Represented By: Shawna M. Miller
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