Alicea v. Black Clawson Converting Machinery, Inc.
| Leonardo Alicea |
| Davis-Standard LLC and Black Clawson Converting Machinery, Inc. |
| 2:2023cv08714 |
| November 27, 2023 |
| US District Court for the Eastern District of New York |
| James M Wicks |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
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Filing 15
SCHEDULING ORDER: Please See Order for Further Details. So Ordered by Magistrate Judge James M. Wicks on 1/25/2024. (DF)
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| Filing 14 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE. Counsel for Plaintiff: Edmond C. Chakmakian. Counsel for Defendant: David S. Osterman. Initial Conference Hearing held on 1/25/2024 at 9:30 AM. Following discussion with counsel and review of the submitted worksheet, the Court adopted a Scheduling Order which is attached at ECF No. #15 . In addition to the below dates, the final date for the parties to the first step of summary judgment motion practice is October 25, 2024. As mentioned at the Initial Conference, Counsel are reminded that pursuant to EDNY Administrative Order 2023-23 (see ECF No. #4 ), this is a Direct Assignment Program case. As such, unless the parties consent to the undersigned's jurisdiction on or before February 26, 2024, a District Judge will be assigned to the case. See Administrative Order 2023-23. The parties were also advised that pursuant to Fed. R. Civ. P. 73(b)(2), they are free to withhold consent without any adverse substantive consequences. A Status Conference has been scheduled for June 25, 2024 at 9:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. 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. A Final Pretrial Conference has been scheduled for November 4, 2024 at 10:00 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. 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. A joint proposed pretrial order ("JPTO") in compliance with the undersigned's Individual Practice Rules, signed by counsel for each party, must be filed on ECF at least five (5) business days prior to this conference. If a motion for summary judgment is pending, the final pretrial conference will be cancelled and filing of the JPTO will be held in abeyance. 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 #9:37-9:43 (Video).) (DF) |
| Filing 13 Proposed Scheduling Order by Davis-Standard LLC (Osterman, David) |
| Filing 12 ANSWER to #10 Amended Complaint by Davis-Standard LLC. (Osterman, David) |
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ORDER. In light of the undersigned's prior Electronic Order, the Initial Conference scheduled for January 2, 2024 is hereby RESCHEDULED for January 25, 2024 at 9:30AM via the Court's Zoom.The Court will email the Zoom invitation closer to the conference date. 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's Courtroom Deputy at (631) 712-5625. So Ordered by Magistrate Judge James M. Wicks on 12/22/2023. (HM)
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ORDER granting #11 Motion to Adjourn Conference. The initial conference is adjourned to 1/25/2024 @ 09:30 AM in by Zoom, with Zoom link to follow. The parties proposed joint scheduling order shall be filed on or before 1/19/2024. So Ordered by Magistrate Judge James M. Wicks on 12/22/2023. (Wicks, James)
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| Filing 11 First MOTION to Adjourn Conference Initial Rule 16 Conference by Leonardo Alicea. (Chakmakian, Edmond) |
| Filing 10 AMENDED COMPLAINT Leonardo Alicea against Davis-Standard LLC, filed by Leonardo Alicea. (Chakmakian, Edmond) |
| Filing 9 STATE COURT RECORD Received. RE: Certified Copy of our Clerk's Minutes for the E-filed Supreme Court case, Index Number 622849/2023, along with a copy of the Notice of Removal. (AMF) |
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Filing 8
ORDER granting #7 Motion for Extension of Time to Answer. Defendant is directed to answer or otherwise respond to Plaintiff's Complaint on or before December 19, 2023. See attached Stipulation and Order for further details. So Ordered by Magistrate Judge James M. Wicks on 12/4/2023. (DN)
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| Filing 7 MOTION for Extension of Time to File Answer Respond or Otherwise Move by Black Clawson Converting Machinery, Inc.. (Osterman, David) |
| Filing 6 NOTICE of Appearance by Matthew George Miller on behalf of Black Clawson Converting Machinery, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service Certificate of Service) (Miller, Matthew) |
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Filing 5
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Rule 16 Scheduling Conference will be held on January 2, 2024 at 10:30 AM via the Court's Video 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 December 26, 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. Counsel for all parties are directed to review Docket Entry No. #4 , concerning the assignment of a Magistrate Judge to oversee this case. If by February 2, 2024 all parties have not signed and filed the consent form consenting to the jurisdiction of the assigned Magistrate Judge, the Clerk of Court is directed to randomly assign a District Judge to the case. In that event, the assigned Magistrate Judge will remain on the case and preside over all non-dispositive pretrial matters unless the assigned District Judge orders otherwise. So Ordered by Magistrate Judge James M. Wicks on 11/29/2023. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules) (DF)
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| NOTICE: This case has been assigned to a Magistrate Judge pursuant to the Court's Direct Assignment Pilot Program, which is governed by Administrative Order 2023-23. The Administrative Order, answers to Frequently Asked Questions about the Pilot Program, information about consenting to a Magistrate Judge, and a biography of the Magistrate Judge assigned to this case are on the Court's website: https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program (DF) |
| 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) |
| Case Assigned to 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 2 Corporate Disclosure Statement by Black Clawson Converting Machinery, Inc. (Osterman, David) Modified on 11/28/2023 (LJ). |
| Filing 1 NOTICE OF REMOVAL by Black Clawson Converting Machinery, Inc. from Supreme Court of State of New York, Suffolk County, case number 622849/2023. ( Filing fee $ 402 receipt number ANYEDC-17316989) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Civil Cover Sheet) (Osterman, David) Modified on 11/28/2023 (LJ). |
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