Comba v. United States et al
| Annmarie Comba |
| United States and Heather Diane West |
| 2:2019cv01127 |
| February 25, 2019 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| A Kathleen Tomlinson |
| Motor Vehicle |
| 28 U.S.C. § 1391 Personal Injury |
| None |
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Filing 18
INITIAL CONFERENCE SCHEDULING ORDER: Initial Conference set for June 3, 2019 at 11 a.m. before Magistrate Judge A. Kathleen Tomlinson in Courtroom 910 at 100 Federal Plaza, Central Islip, New York. No later than two business days before the Initial Conference, counsel for the parties must submit, by means of electronic filing on the court's ECF system, a Joint Proposed Discovery Plan. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/10/2019. (Cento, Patrick)
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| Filing 17 NOTICE of Appearance by Mary M. Dickman on behalf of United States (aty to be noticed) (Dickman, Mary) |
| Filing 16 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Cox, Dwayne) |
| Filing 15 Case transferred in from District of New York Southern; Case Number 1:18-cv-11672. Original file certified copy of transfer order and docket sheet received. |
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Filing 14
STIPULATION AND ORDER TO TRANSFER: Therefore, this action is hereby transferred pursuant to 28 U.S.C. 1406(a) to the Eastern District of New York. Both parties agree that, because the venue transfer will require the assignment of a new Assistant United States Attorney to defend the action on behalf of the United States, the time to file an answer or other response to the complaint will be extended by 30 days from the current deadline of March 25, 2019, to April 24, 2019. The parties understand and agree that this stipulation contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. And as set forth herein. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/22/2019) (ama) [Transferred from New York Southern on 2/26/2019.]
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| 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 (ama) [Transferred from New York Southern on 2/26/2019.] |
| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by United States. (Kochevar, Steven) [Transferred from New York Southern on 2/26/2019.] |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Heather Diane West served on 1/25/2019, answer due 2/15/2019. Service was accepted by Heather Diane West. Document filed by Annmarie Comba. (DeMaio, Tanya) [Transferred from New York Southern on 2/26/2019.] |
| Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. United States served on 1/23/2019, answer due 2/13/2019. Service was accepted by Lisa Ahearn. Document filed by Annmarie Comba. (DeMaio, Tanya) [Transferred from New York Southern on 2/26/2019.] |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to United States, Heather Diane West. (dnh) [Transferred from New York Southern on 2/26/2019.] |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to United States and Heather Diane West, re: #5 Complaint. Document filed by Annmarie Comba. (DeMaio, Tanya) [Transferred from New York Southern on 2/26/2019.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Tanya M. DeMaio to RE-FILE Document No. #8 Request for Issuance of Summons,. The filing is deficient for the following reason(s): second party name on the PDF 'To' section must include 'care of c/o';. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) [Transferred from New York Southern on 2/26/2019.] |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States and Heather Diane West, re: #5 Complaint. Document filed by Annmarie Comba. (DeMaio, Tanya) Modified on 1/11/2019 (jgo). [Transferred from New York Southern on 2/26/2019.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Tanya M. DeMaio to RE-FILE Document No. #6 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; United States must be listed on the summons form in the "defendant's name and address" field;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) [Transferred from New York Southern on 2/26/2019.] |
| Filing 7 CIVIL COVER SHEET filed. (DeMaio, Tanya) [Transferred from New York Southern on 2/26/2019.] |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States and Heather Diane West, re: #4 Complaint. Document filed by Annmarie Comba. (DeMaio, Tanya) Modified on 12/28/2018 (pc). [Transferred from New York Southern on 2/26/2019.] |
| Filing 5 COMPLAINT against United States, Heater Diane West. Document filed by Annmarie Comba.(DeMaio, Tanya) [Transferred from New York Southern on 2/26/2019.] |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against United States, Heather Diane West. Document filed by Annmarie Comba.(DeMaio, Tanya) Modified on 12/20/2018 (pne). [Transferred from New York Southern on 2/26/2019.] |
| Magistrate Judge Robert W. Lehrburger 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: #http://nysd.uscourts.gov/forms.php. (pne) [Transferred from New York Southern on 2/26/2019.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (pne) [Transferred from New York Southern on 2/26/2019.] |
| Case Designated ECF. (pne) [Transferred from New York Southern on 2/26/2019.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Tanya M. DeMaio. The party information for the following party/parties has been modified: Heather Diane West was modified to Heater Diane West which is how the party name appears on the pleading caption. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pne) [Transferred from New York Southern on 2/26/2019.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Tanya M. DeMaio to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): caption entered on civil cover sheet does not match pleading caption. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) [Transferred from New York Southern on 2/26/2019.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Tanya M. DeMaio to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): defendant party names in the 'To' field on the PDF do not match the party names on the pleading caption; summons is linked to a pleading that was not accepted by the court. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne) [Transferred from New York Southern on 2/26/2019.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Tanya M. DeMaio to RE-FILE Document No. #4 Complaint. The filing is deficient for the following reason(s): party name was modified due to a typographical error; the name of one of the parties the pleading is against is incorrect on the docket entry text. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) [Transferred from New York Southern on 2/26/2019.] |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to United States and Heather Diane West, re: #1 Complaint. Document filed by Annmarie Comba. (DeMaio, Tanya) Modified on 12/20/2018 (pne). [Transferred from New York Southern on 2/26/2019.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Tanya M. DeMaio to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; summons request can not be filed in the same PDF as the complaint. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 12/19/2018. (pne) [Transferred from New York Southern on 2/26/2019.] |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (DeMaio, Tanya) Modified on 12/20/2018 (pne). [Transferred from New York Southern on 2/26/2019.] |
| Filing 1 FILING ERROR - PDF ERROR - COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-16051894)Document filed by Annmarie Comba.(DeMaio, Tanya) Modified on 12/14/2018 (pne). [Transferred from New York Southern on 2/26/2019.] |
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