Gonzalez v. DHL Express (USA), Inc. et al
| Paola Gonzalez a/k/a Paola Andrea Gonzalez Gonzalez, Paola Gonzalez and Paola Andrea Gonzalez Gonzalez |
| DHL Express (USA), Inc. and Berat C. Simsek |
| 1:2023cv07399 |
| October 4, 2023 |
| US District Court for the Eastern District of New York |
| Taryn A Merkl |
| Motor Vehicle |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 15, 2023. A more recent docket listing may be available from PACER.
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Minute Entry and Order: A telephonic Initial Conference was held on 11/15/2023 before Magistrate Judge Taryn A. Merkl. Appearances by Matthew Greenberg for Plaintiff and John Dematteo, III for Defendants. 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. Rule 26(a) initial disclosures and any HIPAA-compliant records authorizations shall be exchanged by 12/1/2023. First requests for documents and interrogatories shall be exchanged by 12/4/2023. Phase I discovery shall be completed by 2/2/2024. The deadline for joining additional parties and amending the pleadings as of right is 3/1/2024. Fact discovery shall be completed on or before 3/22/2024. 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 4/26/2024. Expert depositions and exchange of rebuttal expert reports shall be completed by 5/24/2024. All expert discovery shall be completed by 5/31/2024, and certification of the completion of all discovery shall be filed on ECF by 6/7/2024. The last date to take the first step in dispositive motion practice is 7/8/2024, and must be done in accordance with my Individual Rules. The parties are directed to file a joint status report by 2/16/2024, including an update as to their progress on discovery, any settlement discussions, and whether the case should be referred for mediation or a settlement conference before the Court. As discussed at the conference, this case has been assigned to a Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23. The Administrative Order, answers to Frequently Asked Questions about the Pilot Program, information about consenting to a Magistrate Judge, and a biography of the Magistrate Judge assigned to this case are on the Courts website at # https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. The parties are respectfully directed to confer regarding whether both parties consent to jurisdiction by the undersigned Magistrate Judge. If the parties so consent, the parties should file the consent form available at # https://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge by 12/15/2023. Ordered by Magistrate Judge Taryn A. Merkl on 11/15/2023. (AT&T Log #10:12-10:36.) (ALG)
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| Filing 10 Proposed Scheduling Order by Paola Gonzalez (Greenberg, Matthew) |
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ORDER: On 10/12/2023, the parties were directed to file a case management worksheet no later than 11/8/2023. To date, the parties have not filed a case management worksheet. The parties are directed to file their case management worksheet by 11/13/2023. Ordered by Magistrate Judge Taryn A. Merkl on 11/9/2023. (ALG)
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ORDER: As noted above (see ECF No. #7 ), this case has been assigned to a Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23. The Administrative Order, answers to Frequently Asked Questions about the Pilot Program, information about consenting to a Magistrate Judge, and a biography of the Magistrate Judge assigned to this case are on the Courts website at # https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. In advance of the Initial Conference on 11/15/2023, the parties are respectfully directed to confer regarding whether both parties consent to jurisdiction by the undersigned Magistrate Judge. If the parties so consent, the parties should file the consent form available at # https://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge. Ordered by Magistrate Judge Taryn A. Merkl on 10/13/2023. (KC)
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Filing 9
SCHEDULING ORDER: A telephonic Initial Conference will be held on 11/15/2023 at 10:00 a.m.. 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 11/8/2023. 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 10/12/2023. (KC)
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| Filing 8 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
| Filing 7 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (AF) |
| Case Assigned to 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. (AF) |
| 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. (AF) |
| Filing 6 NOTICE of Appearance by Matthew Greenberg on behalf of Paola Gonzalez a/k/a Paola Andrea Gonzalez Gonzalez (aty to be noticed) (Greenberg, Matthew) |
| Filing 5 Civil Cover Sheet.. Re #1 Notice of Removal, by DHL Express (USA), Inc., Berat C. Simsek (Dematteo, John) |
| Filing 4 AFFIDAVIT of Service for Notice of Removal and Accompanying Documents served on Greenberg Law P.C. on October 4, 2023, filed by DHL Express (USA), Inc., Berat C. Simsek. (Dematteo, John) |
| Filing 3 Corporate Disclosure Statement by DHL Express (USA), Inc. identifying Corporate Parent DHL Express (USA), Inc., formerly known as formerly known as DHL Worldwide Express, Inc., is an Ohio corporation with a principal place of business in Plantation, Florida., Corporate Parent DHL Express is a wholly owned subsidiary of DPWN Holdings (USA), Inc., Corporate Parent DPWN was formerly known as DHL Holdings (USA), Inc. DPWN is a subsidiary of Deutsche Post Beteiligungen Holding GmbH which, in turn, is a subsidiary of Deutsche Post AG, a company publicly traded in Germany on the DAX, Corporate Parent Deutsche Post AG is not listed on any exchanges in the United States for DHL Express (USA), Inc.. (Dematteo, John) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by DHL Express (USA), Inc., Berat C. Simsek (Dematteo, John) |
| Filing 1 NOTICE OF REMOVAL by DHL Express (USA), Inc., Berat C. Simsek from Supreme Court, Queens County, case number 713362/2023. ( Filing fee $ 402 receipt number ANYEDC-17147679) (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Answer, #3 Exhibit C - Order, #4 Exhibit D - Response to Damages) (Dematteo, John) |
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