O'Sullivan v. Kozitka et. al.
| Michael O'Sullivan |
| Verizon Communciations, Inc., Altice USA, Inc., Britton Transport, Inc., Steven R. Kozitka, Verizon New York, Inc. and Altice USA, Inc. doing business as Optimum other Optimum TV other Optimum Cable |
| 2:2020cv01928 |
| April 27, 2020 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Arlene R Lindsay |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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STIPULATION AND ORDER re #33 Stipulation of Dismissal filed by Steven R. Kozitka, Britton Transport, Inc. Ordered by Judge Gary R. Brown on 6/13/2022. (McMorrow, Karen)
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| Filing 33 STIPULATION of Dismissal with prejudice by Britton Transport, Inc., Steven R. Kozitka (Reiter, Lorne) |
| Filing 32 REPORT of Mediation Settled Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session.Mediation Report due by 4/8/2022. (Byrne, Richard) |
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ORDER DISMISSING CASE: In light of the settlement in principle this case is hereby DISMISSED without prejudice to its reinstatement should the settlement not be consummated. Barring any further requests for an extension within 90 days of this order, this dismissal shall deemed with prejudice.Ordered by Judge Gary R. Brown on 3/25/2022. (McMorrow, Karen)
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| REPORT of Mediation settled. Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session.Mediation Report due by 4/7/2022. (Weinstein, Robyn) |
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ORDER granting #31 Motion for Extension of Time to Complete Discovery. The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by February 21, 2022. The time to complete mediation is extended to March 31, 2022. Any party planning on making a dispositive motion must take the first step in the motion process by April 15, 2022. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, on or before April 25, 2022. The March 31, 2022 final conference is adjourned to April 28, 2022 at 11:30 a.m. before Magistrate Judge Arlene R. Lindsay. Ordered by Magistrate Judge Arlene R. Lindsay on 1/26/2022. (Jacobwitz, Beth)
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| Filing 31 Third MOTION for Extension of Time to Complete Discovery by Michael O'Sullivan. (Bauso, Daniel) |
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ORDER re #30 : The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by January 20, 2022. The time to complete mediation is extended to February 28, 2022. Any party planning on making a dispositive motion must take the first step in the motion process by March 15, 2022. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, on or before March 29, 2022. The December 14, 2021 final conference is adjourned to March 31, 2022 at 12:00 p.m. Final Pretrial Conference set for 3/31/2022 12:00 PM before Magistrate Judge Arlene R. Lindsay. c/ecfOrdered by Magistrate Judge Arlene R. Lindsay on 10/18/2021. (Imrie, Robert)
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| Filing 30 Second MOTION for Extension of Time to Complete Discovery by Michael O'Sullivan. (Bauso, Daniel) |
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ORDER re #29 : The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by November 4, 2021. The undersigned will not micro-manage the course of discovery, and it is left to the parties to determine any intermediate discovery deadlines. Any party planning on making a dispositive motion must take the first step in the motion process by November 19, 2021. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, on or before December 10, 2021. The August 4, 2021 final conference is adjourned to December 14, 2021 at 1:00 p.m. The request is nunc pro tunc. Given the length of the extension requested no further extensions will be granted without a showing of good cause. Ordered by Magistrate Judge Arlene R. Lindsay on 5/6/2021. c/ecf (Imrie, Robert)
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| Filing 29 MOTION for Extension of Time to Complete Discovery by Britton Transport, Inc., Steven R. Kozitka. (Reiter, Lorne) |
| Filing 28 Letter Mediation Report by Michael O'Sullivan (Bauso, Daniel) |
| Filing 27 REPORT of Mediation Unsettled Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session.Mediation Report due by 3/9/2021. (Byrne, Richard) |
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ORDER re #26 : Application granted. the time to complete mediation is extended to February 26, 2021. Ordered by Magistrate Judge Arlene R. Lindsay on 1/26/2021. c/ecf (Imrie, Robert)
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| Filing 26 First MOTION for Extension of Time to File Report of Mediation by Michael O'Sullivan. (Bauso, Daniel) |
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Filing 25
ORDER REFERRING CASE to Mediation. Re #24 : See the attached Order for details.Ordered by Magistrate Judge Arlene R. Lindsay on 12/9/2020. c/ecf (Imrie, Robert)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
| Filing 24 Letter by Michael O'Sullivan (Bauso, Daniel) |
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Filing 23
SCHEDULING ORDER: Final Pretrial Conference set for August 4, 2021 at 1:30 p.m.Ordered by Magistrate Judge Arlene R. Lindsay on 9/23/2020. c/ecf (Imrie, Robert)
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| Filing 22 Minute Entry for proceedings held before Magistrate Judge Arlene R. Lindsay. Conference held on 9/23/2020. The parties have agreed to a schedule which will be entered under a separate Order. Counsel will prioritize discovery to determine whether mediation would be productive. Should the parties wish to engage in mediation, a joint letter request shall be submitted. c/ecf (Imrie, Robert) |
| Filing 21 Proposed Scheduling Order by Michael O'Sullivan (Bauso, Daniel) Modified on 9/22/2020 (Imrie, Robert). |
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ORDER re #21 : The September 23, 2020, initial conference is converted to a telephone conference and is advanced to 2:00 p.m. The Court will initiate the conference call. The parties are directed to dial (888) 278-0296 at the scheduled time to access the call center. At the prompt enter access code 9424335. The parties proposed scheduling order will be addressed during the conference. Ordered by Magistrate Judge Arlene R. Lindsay on 9/22/2020. c/ecf (Imrie, Robert)
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| Filing 20 Corporate Disclosure Statement by Altice USA, Inc. (Fitzpatrick, William) |
| Counsel for defendants filed DE #19 Answer with Crossclaim incorrectly. The entry has been deleted in its entirety and will be re-filed correctly by the Clerk of Court. All corrections will be made by the Clerk of Court. The corrected answer will bear the same docket entry number (DE #19 ) and will have a *corrected* notation. (Tirado, Chelsea) |
| Filing 19 *Corrected* ANSWER to Complaint, CROSSCLAIM against Britton Transport, Inc., Steven R. Kozitka, Verizon Communciations, Inc., Verizon New York, Inc. by Altice USA, Inc.. (Tirado, Chelsea) |
| Filing 18 NOTICE of Appearance by Craig Adam Ginsberg on behalf of Verizon Communciations, Inc., Verizon New York, Inc. (aty to be noticed) (Ginsberg, Craig) |
| Email Notification Test - DO NOT REPLY (Ortiz, Grisel) |
| Filing 17 First MOTION for Extension of Time to File Answer Complaint by Altice USA, Inc.. (Fitzpatrick, William) |
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ORDER #16 : The August 12, 2020 Initial Conference is adjourned to September 23, 2020 at 2:30 p.m. The parties are directed to submit a proposed scheduling order on, or before, September 21, 2020.Ordered by Magistrate Judge Arlene R. Lindsay on 8/11/2020. c/ecf (Imrie, Robert)
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ORDER re #17 : The time for Altice USA, Inc. to answer, move or otherwise respond to the complaint is extended to and including August 25, 2020. Ordered by Magistrate Judge Arlene R. Lindsay on 8/11/2020. c/ecf (Imrie, Robert)
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| Filing 16 First MOTION to Adjourn Conference by Michael O'Sullivan. (Attachments: #1 Exhibit Letter to Defendant) (Bauso, Daniel) |
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Filing 15
Initial Conference ORDER: If counsel cannot agree to the proposed schedule or minor modifications thereof, as attached, they are directed to appear before the undersigned in Courtroom 810, United States Federal Courthouse, Central Islip, New York at the date and time provided in the initial conference order. See attachments for details. Ordered by Magistrate Judge Arlene R. Lindsay on 7/21/2020. (Attachments: #1 Proposed Scheduling Order). c/ecf (Imrie, Robert)
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ORDER re #12 : The time for Britton Transport, Inc. and Steven R. Kozitka to answer, move or otherwise respond to the complaint is extended to and including July 30, 2020. Ordered by Magistrate Judge Arlene R. Lindsay on 7/7/2020. c/ecf (Imrie, Robert)
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| Filing 14 ANSWER to Complaint, CROSSCLAIM against Altice USA, Inc., Verizon Communciations, Inc., Verizon New York, Inc. by Steven R. Kozitka, Britton Transport, Inc.. (Attachments: #1 Affidavit) (Tirado, Chelsea) |
| Filing 13 Corporate Disclosure Statement by Britton Transport, Inc., Steven R. Kozitka (Attachments: #1 Affidavit of Service) (Reiter, Lorne) |
| Filing 12 MOTION for Extension of Time to File Answer re #1 Complaint by Britton Transport, Inc., Steven R. Kozitka. (Reiter, Lorne) |
| Filing 11 NOTICE of Appearance by Lorne M. Reiter on behalf of Britton Transport, Inc., Steven R. Kozitka (aty to be noticed) (Reiter, Lorne) |
| Filing 10 SUMMONS Returned Executed by Michael O'Sullivan. All Defendants. (Bauso, Daniel) |
| Filing 9 ANSWER to #1 Complaint, CROSSCLAIM against Altice USA, Inc., Britton Transport, Inc., Steven R. Kozitka by Verizon New York, Inc., Verizon Communciations, Inc.. (Tirado, Chelsea) |
| Filing 8 Corporate Disclosure Statement by Verizon Communciations, Inc., Verizon New York, Inc. (Cash, Joshua) |
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ORDER granting #7 : The time for the defendants Verizon Communications, Inc. and Verizon New York, Inc. to respond to the complaint is extended to 6/19/2020. Ordered by Magistrate Judge Arlene R. Lindsay on 5/27/2020. c/ecf (Miller, Dina)
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| Filing 7 Consent MOTION for Extension of Time to File Answer up to and including 6/19/2020 by Verizon Communciations, Inc., Verizon New York, Inc.. (Cash, Joshua) |
| Filing 6 NOTICE of Appearance by Joshua Cash on behalf of Verizon Communciations, Inc., Verizon New York, Inc. (aty to be noticed) (Cash, Joshua) |
| Filing 5 Summons Issued as to Altice USA, Inc., Britton Transport, Inc., Steven R. Kozitka, Verizon Communciations, Inc., Verizon New York, Inc.. (Flanagan, Doreen) |
| Filing 4 Proposed Summons. Re #1 Complaint by Michael O'Sullivan (Bauso, Daniel) |
| 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. (Flanagan, Doreen) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Michael O'Sullivan. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Flanagan, Doreen) |
| FILING FEE: $ 400.00, receipt number ANYEDC-12724607 (Flanagan, Doreen) |
| Incorrect Case/Document Entry Information. Deleted Defendant Verizon Communications, Inc. and added Defendant Verizon Communciations, Inc. to conform to the Complaint. Deleted Document Entry No. 1 (Complaint, Civil Cover Sheet and Proposed Summons) and re-entered as against all Defendants. (Flanagan, Doreen) |
| Your Proposed Summons was not issued for one of the following reasons: The caption on the Proposed Summons does not conform to the caption on the Verified Complaint (Defendant Verizon Communciations, Inc.) and the section that reads "To: (Defendant's name and address)" has not been fully completed for Defendant Altice USA, Inc. (please include all aliases). Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Arlene R. Lindsay. 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. (Flanagan, Doreen) |
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