Denmark et al v. Pilot Travel Centers, LLC
Plaintiff: Elliott Denmark and Dale Denmark
Defendant: Pilot Travel Centers, LLC
Case Number: 2:2019cv03532
Filed: June 14, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Nicholas G Garaufis
Referring Judge: James Orenstein
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 8, 2019 Filing 16 Letter in Opposition to Request for Extension and Opposing Request for Pre-Motion Conference as Frivolous by Dale Denmark, Elliott Denmark (Attachments: #1 Exhibit Pilot NY Sup Ct Petition) (Grae, William)
August 8, 2019 Filing 15 Letter pre-motion conference regarding motion to dismiss by Pilot Travel Centers, LLC (Kim, Kenneth)
August 8, 2019 Opinion or Order ORDER re: Defendant's #15 Application for a Pre-Motion Conference: The Application is DENIED as unnecessary. The court GRANTS Defendant leave to move to dismiss, and DIRECTS it to file its anticipated motion to dismiss concurrently with its anticipated motion to transfer venue (see July 30, 2019 Min. Entry). The court sets the following briefing schedule for both motions: Defendant shall serve its motions by no later than August 30, 2019; Plaintiffs shall serve their response by no later than September 13, 2019; and Defendants shall serve their reply, if any, and file the fully briefed motions by no later than September 20, 2019. Ordered by Judge Nicholas G. Garaufis on 8/8/2019. (Davis, Eleanor)
August 7, 2019 Opinion or Order Filing 14 SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: August 9, 2019. First request for production of documents and first request for interrogatories due by: September 3, 2019. Deadline for joinder of additional parties and amendment of pleadings: November 1, 2019. Status Conference (with joint status report due two business days in advance): November 12, 2019, at 2:00 p.m. Fact discovery to be completed by: December 30, 2019. Plaintiffs' expert disclosures due by: December 30, 2019. Defendant's expert disclosures due by: January 30, 2020. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: January 30, 2020. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): February 12, 2020, at 9:30 a.m. Dispositive motion process started by: February 26, 2020. Joint pretrial order due by: March 30, 2020. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 8/7/2019. (Orenstein, James)
August 7, 2019 Filing 13 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 8/7/2019. Scheduling: (1) The next status conference will be held on November 12, 2019, at 2:00 p.m. (2) A pretrial conference will be held on February 12, 2020, at 9:30 a.m. Summary: I will enter a separate case management and scheduling order that reflects, with minor modifications, the deadlines set forth in the parties' joint discovery plan. As discussed at today's conference, the defendant will include in its initial disclosures copies of any pertinent video surveillance recording and incident report. (Orenstein, James)
August 6, 2019 Filing 12 Corporate Disclosure Statement by Pilot Travel Centers, LLC (Kim, Kenneth)
August 6, 2019 Filing 11 NOTICE of Appearance by Kenneth Kim on behalf of Pilot Travel Centers, LLC (aty to be noticed) (Kim, Kenneth)
August 5, 2019 Filing 10 Proposed Scheduling Order with supplemental/amended specifications by Dale Denmark, Elliott Denmark (Grae, William)
August 5, 2019 Filing 9 Proposed Scheduling Order Jointly Submitted by Dale Denmark, Elliott Denmark (Grae, William)
July 30, 2019 Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Pre-Motion Conference held on 7/26/2019. Counsel for all parties present. The court GRANTED Defendant leave to move for transfer of venue and set the following briefing schedule: Defendant shall serve its motion by no later than August 16, 2019; Plaintiffs shall serve their response by no later than August 30, 2019; and Defendant shall serve its reply, if any, and file the fully briefed motion by no later than September 6, 2019. The court also DIRECTED Defendant to answer Plaintiffs' complaint by no later than August 9, 2019. (Court Reporter Georgette Betts) (Davis, Eleanor)
July 17, 2019 Opinion or Order Filing 8 SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on, August 7, 2019, at 11:00 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than August 5, 2019, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. Each party's counsel must be personally prepared to discuss all factual and legal issues in the case, including the possibility of settlement; otherwise, the client must attend in person as well. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 7/17/2019. (Guy, Alicia)
July 8, 2019 Opinion or Order ORDER re: Defendant's #6 Application for Pre-Motion Conference: The Application is GRANTED. The parties are DIRECTED to confer and contact the court's Deputy at 718-613-2545 to schedule the pre-motion conference. Additionally, Defendant's time to answer or otherwise reply to the complaint is extended until 14 days following the order deciding its anticipated motion. Ordered by Judge Nicholas G. Garaufis on 7/8/2019. (Davis, Eleanor)
July 3, 2019 Filing 7 RESPONSE in Opposition re #6 MOTION for pre motion conference filed by All Plaintiffs. (Attachments: #1 Exhibit Decision and Order 2019-06-04) (Grae, William)
July 3, 2019 Filing 6 MOTION for pre motion conference by Pilot Travel Centers, LLC. (Badagliacca, John)
June 19, 2019 Filing 5 SUMMONS Returned Executed by Dale Denmark, Elliott Denmark. Pilot Travel Centers, LLC served on 6/19/2019, answer due 7/10/2019. (Grae, William)
June 17, 2019 Filing 4 Summons Issued as to Pilot Travel Centers, LLC. (Rodin, Deanna)
June 17, 2019 Filing 3 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. (Rodin, Deanna)
June 17, 2019 This attorney case opening filing has been checked for quality control. (Rodin, Deanna)
June 17, 2019 Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge James Orenstein. 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. (Rodin, Deanna)
June 14, 2019 Filing 2 Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, by Dale Denmark, Elliott Denmark (Attachments: #1 Civil Cover Sheet) (Grae, William)
June 14, 2019 Filing 1 COMPLAINT against Pilot Travel Centers, LLC filing fee $ 400, receipt number ANYEDC-11577869 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Dale Denmark, Elliott Denmark. (Attachments: #1 Declaration Certication of Exemption from Compulsory Arbitration) (Grae, William)

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Defendant: Pilot Travel Centers, LLC
Represented By: Kenneth Kim
Represented By: John Michael Badagliacca
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Plaintiff: Elliott Denmark
Represented By: William Henry Grae
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Plaintiff: Dale Denmark
Represented By: William Henry Grae
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