Pimsanguan v. Executive Jet Management, Inc.
| Natalie Pimsanguan |
| Executive Jet Management, Inc. |
| 2:2023cv05323 |
| July 12, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 8, 2023. A more recent docket listing may be available from PACER.
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ORDER. The Court is in receipt of plaintiff's letter, DE 13, seeking clarification of the Court's previous order scheduling a pre-motion conference regarding defendant's anticipated motion to dismiss. Given that plaintiff has already filed a responsive letter, DE 9, no further response is required. The pre-motion conference on October 25, 2023 at 2:00 PM will proceed as scheduled. Ordered by Judge Gary R. Brown on 9/8/2023. (MR)
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| Filing 13 Letter seeking clarification of the Courts August 15, 2023 Order by Natalie Pimsanguan. (Gourarie, Chaya) Modified on 9/7/2023 (JC). |
| Motions terminated, docketed incorrectly: #13 MOTION for Extension of Time to File Response/Reply as to Order on Motion for Pre Motion Conference,,,,, and for Clarification filed by Natalie Pimsanguan. (The document is a letter seeking clarification. The Court will address the document as such. All corrections have been made). (JC) |
| Filing 12 STATE COURT RECORD received from Judith Pascale, Suffolk County Clerk, Index No. 604616-2023. Since the above mentioned case is E-filed, there are no hard copies of the documents listed on the Civil Court Minutes Report. (JC) |
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ORDER granting #10 Motion for Leave to Appear Pro Hac Vice. The Motion of Jourdan D. Day for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, with registration being available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge James M. Wicks on 8/16/2023. (MSH)
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ORDER granting #8 Motion for Pre Motion Conference. A telephone pre-motion conference is scheduled for October 25, 2023 at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address Defendant's anticipated motion to dismiss pursuant to Rule 12 of the Federal Rules of Civil Procedure, DE 8. 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 8 in accordance with the undersigned's individual rules, particularly those regard! ing pre-motion letters, see Rule II(f), by August 30, 2023. 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 8/15/2023. (MR)
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ORDER granting #11 Motion to Adjourn Conference. The Initial Conference set for August 24, 2023 is rescheduled for September 28, 2023, at 3:30 PM before the undersigned via Zoom. 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 September 21, 2023. 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. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. The parties are reminded that even if the anticipated motion to dismiss is filed, there is no automatic stay in place. To the extent the parties seek a stay, they must make a formal motion in accordance with the undersigned's individual rules. So Ordered by Magistrate Judge James M. Wicks on 8/14/2023. (MSH)
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| Filing 11 First MOTION to Adjourn Conference and Filing of Proposed Rule 26(f) Scheduling Order, Agreed to by Plaintiff's Counsel by Executive Jet Management, Inc.. (Kaplan, Charles) |
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ORDER. The return date for attorney Jourdan D. Day's Motion to Appear Pro Hac Vice shall be August 15, 2023. In accordance with this Court's Individual Practice Rules, any opposition must be filed by August 13, 2023. So Ordered by Magistrate Judge James M. Wicks on 8/9/2023. (MSH)
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| Filing 10 Notice of MOTION to Appear Pro Hac Vice Notice of Motion to Admit Counsel Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16971012 by Natalie Pimsanguan. (Attachments: #1 Affidavit Affirmation of Jourdan D. Day in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Order for Admission Pro Hac Vice) (Day, Jourdan) |
| Filing 9 RESPONSE in Opposition re #8 MOTION for pre motion conference filed by Natalie Pimsanguan. (Gourarie, Chaya) |
| Filing 8 Letter MOTION for pre motion conference Requesting Pre-Motion Conference Concerning Defendant's Intention to File Motion to Dismiss Under F.R.C.P 12(b)(6) by Executive Jet Management, Inc. (Kaplan, Charles) Modified on 7/20/2023 to edit to a motion(JC). |
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Filing 7
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held August 24, 2023, at 10:00 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 August 17, 2023. 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. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. 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 7/18/2023. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules) (DF)
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| Filing 6 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 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Additional attachment(s) added on 7/17/2023: #1 Additional Corrections made to amend Case Caption) (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) |
| Filing 4 NOTICE of Appearance by Chaya M Gourarie on behalf of Natalie Pimsanguan (aty to be noticed) (Gourarie, Chaya) |
| Filing 3 NOTICE OF REMOVAL by All Defendants from New York State Supreme Court, County of Suffolk, case number 604616/2023. ( Filing fee $ 402 receipt number ANYEDC-16885674) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Removal Action Complaint, #2 Exhibit, #3 Civil Cover Sheet) (Kaplan, Charles) Modified on 7/17/2023 (LJ). |
| Filing 2 Corporate Disclosure Statement by Executive Jet Management, Inc. (Kaplan, Charles) Modified on 7/17/2023 (LJ). |
| Filing 1 NOTICE OF REMOVAL by All Defendants from New York State Supreme Court, County of Suffolk, case number 604616/2023. ( Filing fee $ 402 receipt number ANYEDC-16885592) (Kaplan, Charles) |
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| Plaintiff: Natalie Pimsanguan | |
| Represented By: | Chaya M Gourarie |
| Represented By: | Frank J. Tantone |
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| Defendant: Executive Jet Management, Inc. | |
| Represented By: | Charles H. Kaplan |
| Represented By: | Jourdan Dayne Day |
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