Berrie v. Champion Numismatics LLC
| Marie R. Berrie |
| Champion Numismatics LLC |
| 2:2022cv05964 |
| October 5, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
Docket Report
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Filing 13
SCHEDULING ORDER: Please See Order for Further Details. So Ordered by Magistrate Judge James M. Wicks on 12/2/2022. (DF)
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| Filing 12 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE. Counsel for Plaintiff: Kenneth J. Pagliughi. Counsel for Defendant: Mark E. Goidell (Appearing In Person). Initial Conference Hearing held on 12/2/2022 at 11:30 AM. Following discussion with counsel and review of the submitted worksheet, the Court adopted the Scheduling Order which is attached at DE #13 . A Status Conference has been scheduled for April 27, 2023 at 10:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. A Final Pretrial Conference has been scheduled for December 4, 2023 at 10:00AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. If Judge Gary R. Brown requires one, a joint proposed pretrial order in compliance with Judge Browns requirements and signed by counsel for each party must be received by the undersigned 5 business days prior to this conference. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #10:42-10:52 (Video/In Person).) (DF) |
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ORDER re #11 Reply in Opposition filed by Marie R. Berrie IS DEEMED WITHDRAWN. Pursuant to the undersigned's individual rules, prior to filing any motion returnable before the undersigned, parties are required to file a letter of no more than two pages briefly outlining the motion and requesting a pre-motion conference. See II.f.1. Defendant's pre-motion response letter exceeds this two-page limit. Accordingly, the pre-motion response letter, DE 11, is hereby DEEMED WITHDRAWN with leave to renew by December 7, 2022 and consistent with II.f.1. Ordered by Judge Gary R. Brown on 11/29/2022. (LJ)
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| Filing 11 REPLY in Opposition #9 Motion for pre motion conference filed by Marie R. Berrie. (Pagliughi, Kenneth) |
| Filing 10 Proposed Scheduling Order by Champion Numismatics LLC (Goidell, Mark) |
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ORDER granting #9 Motion for Pre Motion ConferenceA telephone pre-motion conference is scheduled for February 3, 2023 at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address Defendant's anticipated motion pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 9. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference.Counsel should note that, in appropriate cases, the pre-motion letter as well as the response, along with counsels' arguments at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).The Plaintiff is directed to respond to DE 9 in accordance with the undersigned's individual rules by November 29, 2022. At the conference, the Court will issue a briefing schedule if necessary. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates.The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 11/14/2022.c/ecf (LJ)
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| Filing 9 MOTION for pre motion conference by Champion Numismatics LLC. (Goidell, Mark) |
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Filing 8
INITIAL CONFERENCE SCHEDULING ORDER: An initial conference via Zoom will be held December 2, 2022, at 10:30 AM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than November 22, 2022. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 10/14/2022. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Rules) (DF)
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| Filing 7 WAIVER OF SERVICE Returned Executed by Marie R. Berrie. Champion Numismatics LLC waiver sent on 10/12/2022, answer due 12/11/2022. (Pagliughi, Kenneth) |
| Filing 6 Summons Issued as to Champion Numismatics LLC. (JC) |
| Filing 5 NOTICE of Appearance by Mark E. Goidell on behalf of All Defendants (aty to be noticed) (Goidell, Mark) |
| Filing 4 Proposed Summons. by Marie R. Berrie (Pagliughi, Kenneth) |
| 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. (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 1 COMPLAINT Marie R. Berrie against Champion Numismatics LLC filing fee $ 402, receipt number ANYEDC-16008786 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Marie R Berrie. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Pagliughi, Kenneth) |
| Proposed summons is rejected - the section that reads "To: (Defendant's name and address)" includes a defendant/name that is not party to the case - NEW YORK DEPARTMENT OF STATE VIA REGISTERED AGENT; the Clerk's Office cannot issue the summons. Please correct and resubmit using the event Proposed Summons/Civil Cover Sheet. (LJ) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge James M. Wicks. 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. (LJ) |
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| Plaintiff: Marie R. Berrie | |
| Represented By: | Kenneth J. Pagliughi |
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| Defendant: Champion Numismatics LLC | |
| Represented By: | Mark E. Goidell |
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