Carter-Marks v. Alstom Transport USA Inc et al
| CHRISTA CARTER-MARKS |
| ALSTOM TRANSPORT USA INC, JOSEPH RAGUSA, TIMOTHY BUNDA, CHRIS UNKNOWN, JEFFREY SANDS and DAVID MASS |
| 1:2023cv09449 |
| December 21, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 14, 2024. A more recent docket listing may be available from PACER.
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Filing 14
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 March 11, 2024, as further described in the attached mandatory requirements. 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. Plaintiff's counsel shall notify Defendants' counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendants' deadline to answer or otherwise respond to Plaintiff's complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 2/14/2024. (RCM)
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| Filing 13 Letter by Christa Carter-Marks (Bains, Tejinder) |
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ORDER: The Court is in receipt of the correspondence from Plaintiff's counsel explaining why he should not be sanctioned for his failure to comply with Court-ordered deadlines. See ECF No. #13 . Having reviewed the submission, the Court declines to impose sanctions. Ordered by Judge Hector Gonzalez on 2/14/2024. (RCM)
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| Filing 12 WAIVER OF SERVICE Returned Executed by Christa Carter-Marks. (Bains, Tejinder) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Christa Carter-Marks. Joseph Ragusa waiver sent on 2/5/2024, answer due 4/5/2024. (Bains, Tejinder) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Christa Carter-Marks. Jeffrey Sands waiver sent on 2/5/2024, answer due 4/5/2024. (Bains, Tejinder) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Christa Carter-Marks. David Mass waiver sent on 2/5/2024, answer due 4/5/2024. (Bains, Tejinder) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Christa Carter-Marks. Chris Unknown waiver sent on 2/5/2024, answer due 4/5/2024. (Bains, Tejinder) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Christa Carter-Marks. Alstom Transport USA Inc waiver sent on 2/5/2024, answer due 4/5/2024. (Bains, Tejinder) |
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ORDER: The Court has twice ordered Plaintiff to file a letter no longer than three pages describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant, and Plaintiff has again failed to comply with a court order. In its January 12, 2024, Text Order, "[t]he Court warn[ed] Plaintiff that future failures timely to comply with the Court's orders may result in sanctions." Plaintiff shall file the letter required by the Court's January 16, 2024, Text Order, no later than February 16, 2024, and shall also explain in that letter why Plaintiff's counsel should not be sanctioned for ignoring multiple unambiguous court orders. Ordered by Judge Hector Gonzalez on 2/13/2024. (PN)
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| Filing 6 Letter by Christa Carter-Marks (Bains, Tejinder) |
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ORDER: The Court has received Plaintiff's letter, see ECF No. #6 , describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant, which indicates that Defendants have not yet been served. Plaintiff shall file another letter no longer than three pages on or before February 12, 2024, describing Plaintiff's efforts to serve each Defendant. Alternatively, if Plaintiff completes service on Defendants before that date, or if a Defendant waives service, then Plaintiff shall promptly file proof of service or an executed waiver of service.If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. Ordered by Judge Hector Gonzalez on 1/16/2024. (RCM)
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ORDER: The Court previously ordered Plaintiff to file a letter on or before January 11, 2024, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant. Plaintiff has failed to file the letter or to request an extension of Plaintiff's deadline to do so. Plaintiff shall file the letter required by the Court's prior order on or before January 16, 2024. The Court warns Plaintiff that future failures timely to comply with the Court's orders may result in sanctions. Ordered by Judge Hector Gonzalez on 1/12/2024. (RCM)
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| Filing 5 Summons Issued as to Alstom Transport USA Inc, Timothy Bunda, David Mass, Joseph Ragusa, Jeffrey Sands, Chris Unknown. (JVC) |
| Filing 4 Proposed Summons. by Christa Carter-Marks (Bains, Tejinder) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
| Filing 2 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) |
| Case Assigned to Judge Hector Gonzalez. 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) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before January 11, 2024, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause.The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 12/28/2023. (BH)
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| Your proposed summons was not issued for one of the following reasons: Did not use the correct Summons form AO 440 Rev 6/12, SUMMONS IN A CIVIL ACTION or AO 441 Rev 7/10, SUMMONS ON A THIRD-PARTY COMPLAINT. The Clerk of Court needs to be updated. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (AF) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-17404545 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by CHRISTA CARTER-MARKS. (Attachments: #1 Exhibit RIGHT TO SUE, #2 Proposed Summons, #3 Civil Cover Sheet) (Bains, Tejinder) |
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