Simon v. Capital One, N.A. et al
| Ventrice Simon |
| Capital One, N.A. and Capital One Financial Corporation |
| 1:2023cv08874 |
| December 1, 2023 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| None |
Docket Report
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| Filing 12 Letter to the Hon. Sanket J. Bulsara, U.S.M.J. re: Text Order entered January 4, 2024 by Capital One Financial Corporation, Capital One, N.A. (Goldstein, Philip) |
Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: A telephonic-initial conference was held on 1/04/2024. Plaintiff's counsel (Lavinia A. Torun) and Defendant's counsel (Philip Goldstein) were present. As discussed on the record the parties shall file a joint letter by 1/12/2024, advising the Court whether they wish to consent to Magistrate Judge Sanket J. Bulsara jurisdiction as to the entirety of this matter. The Court adopts all the deadlines in the parties' proposed Rule 26(f) report (unless otherwise indicated on the record), and those deadlines include: Time to amend pleadings or add additional parties shall be completed by 4/02/2024; completion of all fact discovery by 8/19/2024; completion of experts discovery by 11/06/2024; the last date to take the first step in dispositive motion practice will be 12/06/2024. An in person settlement conference will take place on 4/11/2024 at 2:00 P.M. in Courtroom 13C South before Magistrate Judge Sanket J. Bulsara. All parties must be present. Parties are to submit their respective ex parte settlement positions to the Chambers email address no later than 4/08/2024 at 5:00pm. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference, which is available on the Court's website. So Ordered by Magistrate Judge Sanket J. Bulsara on 1/04/2024.(AT&T Log #12:31-12:41.) (EM).
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| Filing 11 Letter re: Stipulation of Dismissal by Capital One Financial Corporation, Capital One, N.A. (Attachments: #1 Stipulation and (Proposed) Order) (Goldstein, Philip) |
| Filing 10 REPORT of Rule 26(f) Planning Meeting (Goldstein, Philip) |
| Filing 9 ANSWER to Complaint by Capital One Financial Corporation, Capital One, N.A.. (Goldstein, Philip) |
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Filing 8
SCHEDULING ORDER: A telephonic initial conference will be held at 12:30 P.M. on 1/04/2024 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 12/21/2023. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 12/5/2023. (EM)
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| Filing 7 NOTICE of Appearance by Lavinia Andreea Torun on behalf of Ventrice Simon (aty to be noticed) (Torun, Lavinia) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 5 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. (CV) |
| 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. (CV) |
| Filing 4 NOTICE of Appearance by Philip A. Goldstein on behalf of Capital One Financial Corporation, Capital One, N.A. (notification declined or already on case) (Goldstein, Philip) |
| Filing 3 Corporate Disclosure Statement by Capital One Financial Corporation (Goldstein, Philip) |
| Filing 2 Corporate Disclosure Statement by Capital One, N.A. identifying Corporate Parent Capital One Financial Corporation for Capital One, N.A.. (Goldstein, Philip) |
| Filing 1 NOTICE OF REMOVAL by Capital One Financial Corporation, Capital One, N.A. from Supreme Court of the State of New York, County of Kings, case number 526999/2023. ( Filing fee $ 405 receipt number ANYEDC-17338563) (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - Notice to State Court and Adverse Parties, #3 Civil Cover Sheet, #4 Certificate of Service) (Goldstein, Philip) |
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