Chase v. Delta Air Lines, Inc.
| Arthur Chase |
| Delta Air Lines, Inc. |
| Menna Jillian |
| 1:2023cv08739 |
| November 28, 2023 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Taryn A Merkl |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| None |
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Filing 10
ORDER: The parties' Joint Motion for Protective Order #9 is granted, on consent. Attached to this Order is a signed copy of the Confidentiality Order. Ordered by Magistrate Judge Taryn A. Merkl on 1/26/2024. (ALG)
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| Filing 9 Letter PROPOSED Joint Confidentiality Order by Delta Air Lines, Inc. (Martin, Laura) |
| SELECTION OF MEDIATOR Menna Jillian selected as Mediator. Date Time and Location in-person/remote:TBD (remote). Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation. For more details on the submission, please consult Local Civil Rule 83.8(b)(4). Attendance is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. 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. The Mediators contact information can be found on the docket sheet. Within fourteen days of the conclusion of the mediation, both parties must submit a Mediation Report. (DS) |
| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties.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 using the Selection of the Mediator Form on the ADR Forms website under Mediator Forms/For Counsel and Parties: https://www.nyed.uscourts.gov/adr-forms or 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 under ADR Forms/Mediation Forms/For Counsel and Parties. 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 under ADR Forms/Mediation Forms/For Counsel and Parties. The Mediation Report must be submitted within two weeks following mediation session. (DS) |
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Minute Entry and Order: A telephonic Initial Conference was held on 1/11/2024 before Magistrate Judge Taryn A. Merkl. Appearances by Joseph J. Kazmierczuk for Plaintiff and Laura Ashley Martin and Samantha Berger for Defendant. The parties confirmed that they have held their Rule 26(f) conference. The Court also 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. The parties' proposed confidentiality order shall be filed on ECF by 1/25/2024. Rule 26(a) initial disclosures and any HIPAA-compliant records authorizations shall be exchanged by 1/31/2024. First requests for documents and interrogatories shall be exchanged by 1/31/2024. Phase I discovery shall be completed by 3/11/2021. The deadline for joining additional parties and amending the pleadings as of right is 4/15/2024. Fact discovery shall be completed on or before 6/7/2024. The parties are directed to file a joint status report certifying the close of fact discovery by 6/14/2024. Exchange of expert disclosures shall be completed by 7/19/2024. Exchange of rebuttal expert reports shall be completed by 8/19/2024. Expert depositions shall be completed by 9/27/2024. All expert discovery shall be completed by 10/11/2024, and certification of the completion of all discovery shall be filed on ECF by 10/11/2024. The last date to take the first step in dispositive motion practice is 11/15/2024, and must be done in accordance with the Individual Rules of the assigned District Judge. As stated on the record, this case will be referred to the EDNY Mediation Panel at the parties' request. Counsel shall exchange all relevant documents and records prior to mediation, if they have not done so already. Selection of Mediator due by 1/25/2024. Mediation shall be completed by 3/29/2024. The parties are directed to file a joint status letter by 4/5/2024, or within one week of the completion of mediation, whichever is sooner, providing an update as to the status of mediation and case status. Ordered by Magistrate Judge Taryn A. Merkl on 1/11/2024. (AT&T Log #10:03-10:28.) (ALG)
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ORDER REFERRING CASE to Mediation. Selection of Mediator due by 1/25/2024. Mediation shall be completed by 3/29/2024 Ordered by Magistrate Judge Taryn A. Merkl on 1/11/2024. (ALG)
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| Filing 8 Corporate Disclosure Statement by Delta Air Lines, Inc. (Martin, Laura) |
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ORDER: Defendants assert diversity jurisdiction under 28 U.S.C. 1332. (Notice of Removal, ECF No. #1 , 8-11.) 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 courts 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 1/10/2024. Ordered by Magistrate Judge Taryn A. Merkl on 1/5/2024. (ALG)
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| Filing 7 CASE MANAGEMENT STATEMENT PROPOSED (Martin, Laura) |
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Filing 6
SCHEDULING ORDER: A telephonic Initial Conference will be held on 1/11/2024 at 10:00 a.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 1/3/2024. 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 12/5/2023. (KC)
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ORDER REASSIGNING CASE. Case reassigned to Judge Diane Gujarati for all further proceedings. Judge Orelia E. Merchant 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 11/30/2023. (AF)
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
| Filing 4 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 (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) |
| Case Assigned to Judge Orelia E. Merchant 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. (AF) |
| Filing 3 CERTIFICATE OF SERVICE by Delta Air Lines, Inc. re #2 Proposed Summons/Civil Cover Sheet, #1 Notice of Removal,, (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 All Defendants from Supreme Court Queens County, case number 714974/2023. ( Filing fee $ 402 receipt number ANYEDC-17321642) (Attachments: #1 Exhibit Ex A Summons and Complaint in State Court, #2 Exhibit EX B Answer filed in State Court, #3 Exhibit EX C Demand per CPLR served on Plaintiff in State Court, #4 Exhibit EX D Plaintiffs CPLR 3017 demand response in state court, #5 Exhibit EX E Plaintiffs Bill of Particulars redacted) (Martin, Laura) |
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