George v. Thomas
| Vinny George |
| Jose N Thomas |
| 2:2019cv03020 |
| May 21, 2019 |
| US District Court for the Eastern District of New York |
| Dora Lizette Irizarry |
| Peggy Kuo |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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ORDER granting #23 Motion for Extension of Time to Answer. The deadline for defendant Jose N. Thomas to answer or otherwise respond to the Amended Complaint is extended to August 7, 2019. Ordered by Magistrate Judge Peggy Kuo on 7/18/2019. (Riquelme, Claudia)
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| Filing 23 MOTION for Extension of Time to File Response/Reply as to #20 Amended Complaint by Jose N Thomas. (Rankin, Timothy) Modified on 7/18/2019 to reflect the corrected type of motion. (Riquelme, Claudia). |
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ORDER granting #22 Motion for Leave to Appear pro hac vice. Attorney Timothy S. Rankin is permitted to appear pro hac vice on behalf of defendant Jose N. Thomas. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge Peggy Kuo on 7/17/2019. (Riquelme, Claudia)
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| Filing 22 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11667468. by Jose N Thomas. (Rankin, Timothy) |
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ORDER granting #21 Motion for Leave to Appear pro hac vice. Attorney Michael W. DeWitt is permitted to appear pro hac vice on behalf of plaintiff Vinny George. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge Peggy Kuo on 7/16/2019. (Riquelme, Claudia)
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| Filing 21 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11661576. by Vinny George. (DeWitt, Michael) |
| Filing 20 AMENDED COMPLAINT against Jose N Thomas, filed by Vinny George. (Foster, Megan) |
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ORDER granting #19 Motion to Amend/Correct/Supplement. The Amended Complaint must be filed by July 8, 2019. Ordered by Magistrate Judge Peggy Kuo on 7/1/2019. (Riquelme, Claudia)
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| Filing 19 MOTION to Amend/Correct/Supplement #1 Complaint by Vinny George. (Attachments: #1 Declaration, #2 proposed amended complaint) (Foster, Megan) |
| Filing 18 NOTICE of Appearance by Megan K. Foster on behalf of Vinny George (aty to be noticed) (Foster, Megan) |
| Minute Entry for Proceedings before Magistrate Judge Peggy Kuo. Telephone conference held on 5/28/2019. Attorney Michael W. DeWitt participated on behalf of Plaintiff. Attorney Timothy S. Rankin participated on behalf of Defendant. The parties explained that they are in the process of obtaining local counsel. The Court observed that the contract claim as pleaded does not appear to contain the required element of consideration. Plaintiff indicated that he will move for leave to file an amended complaint. The Court directed that this be done by June 28, 2019. The Court also strongly encouraged the parties to discuss early settlement. (FTR Log #10:28-10:36.) (Prentice, Amanda) |
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SCHEDULING ORDER: A Telephone Conference is set for May 28, 2019 at 10:30 AM before Magistrate Judge Peggy Kuo. Plaintiff's counsel shall initiate the call, with Defendant's counsel on the line, by calling Chambers at 718-613-2400. Ordered by Magistrate Judge Peggy Kuo on 5/23/2019. (Riquelme, Claudia)
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| Filing 17 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 16 Case transferred in from District of Ohio Southern; Case Number 2:19-cv-00562. Original file certified copy of transfer order and docket sheet received. |
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Filing 15
ORDER denying as moot #5 Motion to Dismiss. Case is transferred to USDC for the Eastern District of New York. Signed by Judge James L. Graham on 5/21/2019. (ds) [Transferred from Ohio Southern on 5/21/2019.]
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| The case of George v. Thomas, has been transferred from U.S. District Court, Southern District of Ohio to the Eastern District of New York. The new case number is 19-cv-03020-DLI-PK. PLEASE NOTE: 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. (Cox, Dwayne) |
| Case transferred to District of New York Eastern. Case file and docket sheet sent Electronically. (er) [Transferred from Ohio Southern on 5/21/2019.] |
| Filing 14 STATUS REPORT by Defendant Jose N Thomas. (Rankin, Timothy) [Transferred from Ohio Southern on 5/21/2019.] |
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Filing 13
STATUS REPORT ORDER: The parties are again ORDERED to file a joint written status report regarding this matter no later than MAY 20, 2019. Signed by Magistrate Judge Elizabeth Preston Deavers on May 16, 2019. (jlk) [Transferred from Ohio Southern on 5/21/2019.]
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| Filing 12 Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 5/1/2019. Parties discussing with clients whether Defendants will agree to transfer the case to E.D.N.Y. thereby mooting Defendant's Motion to Dismiss. Status Report due by May 15, 2019. Defendant's obligation to file a Reply is STAYED pending resolution of this issue. (sln) [Transferred from Ohio Southern on 5/21/2019.] |
| Set Deadline: Status Report due by 5/15/2019. (sln) [Transferred from Ohio Southern on 5/21/2019.] |
| Filing 11 NOTICE of Hearing: Status Conference set for 5/1/2019 03:00 PM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln) [Transferred from Ohio Southern on 5/21/2019.] |
| Filing 10 RESPONSE in Opposition re #5 MOTION to Dismiss Motion to Dismiss Plaintiff's Complaint filed by Plaintiff Vinny George. (DeWitt, Michael) [Transferred from Ohio Southern on 5/21/2019.] |
| Notice: The PPTC set for 4/25/2019 at 10:00 AM is VACATED. (See ECF No. #8 .) (sln) [Transferred from Ohio Southern on 5/21/2019.] |
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Filing 9
ORDER Granting #7 Plt's Motion for Extension of Time to File Response to #5 Dft's Motion to Dismiss. Response due by 4/26/2019. Signed by Magistrate Judge Elizabeth Preston Deavers on 4/18/2019. (sln) [Transferred from Ohio Southern on 5/21/2019.]
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| Filing 8 RULE 26(f) REPORT by Defendant Jose N Thomas. (Rankin, Timothy) [Transferred from Ohio Southern on 5/21/2019.] |
| Filing 7 MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss Motion to Dismiss Plaintiff's Complaint New date requested 4/26/2019. by Plaintiff Vinny George. (Attachments: #1 Text of Proposed Order Proposed Order) (DeWitt, Michael) [Transferred from Ohio Southern on 5/21/2019.] |
| Filing 6 NOTICE of Hearing: Preliminary Pretrial Conference set for 4/25/2019 10:00 AM in Chambers before Magistrate Judge Elizabeth Preston Deavers. (sln) [Transferred from Ohio Southern on 5/21/2019.] |
| Filing 5 MOTION to Dismiss Motion to Dismiss Plaintiff's Complaint by Defendant Jose N Thomas. (Rankin, Timothy) [Transferred from Ohio Southern on 5/21/2019.] |
| Filing 4 AFFIDAVIT of Service for Summons and Complaint served on Jose Thomas on 03/09/2019, filed by Plaintiff Vinny George. (DeWitt, Michael) [Transferred from Ohio Southern on 5/21/2019.] |
| Filing 3 NOTICE by Plaintiff Vinny George filing of Civil Cover Sheet (DeWitt, Michael) [Transferred from Ohio Southern on 5/21/2019.] |
| Filing 2 Summons Issued as to Jose N Thomas. (er) [Transferred from Ohio Southern on 5/21/2019.] |
| Filing 1 COMPLAINT with JURY DEMAND against Jose N. Thomas ( Filing fee $ 400 paid - receipt number: 0648-6800489), filed by Vinny George. (DeWitt, Michael) [Transferred from Ohio Southern on 5/21/2019.] |
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| Plaintiff: Vinny George | |
| Represented By: | Michael W DeWitt |
| Represented By: | Megan K. Foster |
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| Defendant: Jose N Thomas | |
| Represented By: | Timothy S Rankin |
| Represented By: | John P. Miller |
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