D'Avino et al v. Lemquist et al
| GLORIANNE R. DAVINO, FRANK RODER and Glorianne R. D'Avino |
| DEBORAH LEMQUIST and BENJAMIN SNYDER |
| 2:2023cv07868 |
| October 20, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven I Locke |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Tort/Non-Motor Vehicle |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 11, 2023. A more recent docket listing may be available from PACER.
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Electronic ORDER granting DE #11 Motion for Leave to File. Based on the representations in DE #11 , Plaintiff's motion to amend is granted and DE #12 , the Second Amended Complaint, shall be the operative complaint in this action. Ordered by Magistrate Judge Steven I. Locke on 12/11/2023. (JM)
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| Filing 12 AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by Glorianne R. D'Avino. (Feraru, Victor) |
| Filing 11 First MOTION for Leave to File Document Second Amended Complaint by Glorianne R. D'Avino. (Feraru, Victor) |
| Filing 10 First MOTION to Adjourn Conference Set for Oct. 31, 2023 by Glorianne R. D'Avino. (Feraru, Victor) |
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ORDER. This case was commenced on October 20, 2023, upon the filing of a complaint (DE 1). On October 23, a magistrate judge was assigned as the presiding judge as part of the District's Pilot Program (DE 4). That same day, the plaintiffs, via counsel, filed a letter seeking leave to file a motion for an order to show cause/temporary restraining order (DE 7). In light of this letter, the undersigned was assigned to the case, and, on October 25, granted the plaintiffs' request, directing them to file their anticipated motion by October 26 and serve the same on all defendants. See Electronic Order, dated October 25, 2023. This Court also scheduled a hearing to be held on October 31 for said motion and directed all parties to appear. Id. To date, however, the plaintiffs have failed to file their motion and there has been no activity in the case. As such, the hearing scheduled for October 31, 2023, is hereby CANCELED. Ordered by Judge Gary R. Brown on 10/30/2023. (JP)
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ORDER denying #10 Motion to Adjourn Conference. The plaintiffs' request for an adjournment is DENIED AS MOOT in light of this Court's Order, dated October 30, 2023, canceling the October 31 hearing. As to the plaintiffs' requests for additional time to effectuate service and file a proposed order of settlement, such requests are DENIED with leave to renew pending counsel's advisement of how much time is being sought. Additionally, counsel for plaintiffs is ORDERED TO SHOW CAUSE justifying its basis for alleging in the complaint that the amount in controversy in this action exceeds the jurisdictional minimum of $75,000. Counsel shall submit a letter of no more than three pages by November 13. Ordered by Judge Gary R. Brown on 10/30/2023. (JP)
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ORDER granting #7 Motion for Leave to File. Plaintiffs are directed to file their motion and serve the same on all parties by October 26, 2023. Defendants shall reply by October 30, 2023, at noon. The Court will hold a hearing on the motion on October 31, 2023 at 2:00 P.M in Courtroom 940 at 100 Federal Plaza, Central Islip, NY, 11722. The parties should be prepared to offer any and all evidence, including relevant social media posts, and witnesses should be prepared to testify concerning the motion. Counsel is also responsible for ensuring that all relevant media files can be accessed at the hearing. Plaintiffs shall also provide the defendants with a copy of this Order forthwith and file proof of service consistent with this Order. Ordered by Judge Gary R. Brown on 10/25/2023. (JP)
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| Filing 9 Summons Issued as to Benjamin Snyder. (AMF) |
| Filing 8 Summons Issued as to Deborah Lemquist. (AMF) |
| Case reassigned to Judge Gary R. Brown and Magistrate Judge Steven I. Locke. 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.(LF) |
| NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (JM) |
| Filing 7 First MOTION for Leave to File Document by Glorianne R. D'Avino. (Feraru, Victor) |
| Filing 6 Proposed Summons. by Frank Roder (Feraru, Victor) |
| Filing 5 Proposed Summons. by Glorianne R. D'Avino (Feraru, Victor) |
| Filing 4 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (LJ) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Incorrect Document Entry Information. Amended Complaint (DE 2) was entered as against all plaintiffs; entry was deleted and re-entered as against all defendants. (LJ) |
| A summons was not issued for the following reason: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (LJ) |
| Case Assigned to Magistrate Judge Steven I. Locke. 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 2 AMENDED COMPLAINT First against All Defendants, filed by Glorianne R. D'Avino, Frank Roder. (LJ) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-17206558 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Glorianne R. D'Avino, Frank Roder. (Attachments: #1 Civil Cover Sheet) (Feraru, Victor) Modified on 10/23/2023 (LJ). |
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