Morales et al v. Watsontown Trucking Company et al
| Kimberly R. Morales and Ricardo A. Morales |
| Watsontown Trucking Company and David A. Bason |
| James E. Hacker |
| 1:2019cv00050 |
| January 14, 2019 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Christian F Hummel |
| Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal- Tort/Motor Vehicle ( |
| Plaintiff |
Docket Report
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| TEXT Minute Entry for Skype/Telephone Settlement Conference held on 6/26/2020 before U.S. District Judge Mae A. D'Agostino: Appearances by John DeGasperis, Esq. for the Plaintiffs; Jeffrey Payne, Esq. for the defendants; All parties begin this conference via Skype with Judge D'Agostino (placed on the record); Once the Skype calls ends, Judge D'Agostino conducts telephone conference discussions separately with each side. After 3 hours of discussions back and forth, the case was NOT able to settle. Judge D'Agostino encourages the parties to continue their settlement discussions. Plaintiff's request for leave to file a motion for partial summary judgment is GRANTED - the motion will be filed by 6/29/20; Judge D'Agostino directs counsel to confer, before the motion for partial summary judgment is filed, to determine if any stipulations can be worked out; The Court will decide the motion quickly and set this case for trial. The discovery and motion deadlines remains - Discovery 8/31/2020; Motions due 10/15/20. (Court Reporter Theresa Casal (beginning only); CRD Britney Norton [Time 11:00 a.m - 2:00 p.m.]) (ban) |
Filing 34
TEXT ORDER granting #33 Letter Request from Jeffrey A. Payne, Esq. for David A. Bason, Watsontown Trucking Company requesting Extension of Discovery End Date. Discovery due by 8/31/2020. Motions to be filed by 10/15/2020. Authorized by Magistrate Judge Christian F. Hummel on 6/15/2020. (tab)
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| Filing 33 Letter Motion from Jeffrey A. Payne, Esq. for David A. Bason, Watsontown Trucking Company requesting Extension of Discovery End Date submitted to Judge Christian F. Hummel . (Payne, Jeffrey) |
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Filing 32
ORDER Setting Settlement Conference via Skype: The Settlement Conference is set for 6/26/2020 at 11:00 AM before U.S. District Judge Mae A. D'Agostino; Settlement conference statements are due to Judge D'Agostino's Chambers on or before 6/22/20. Signed by U.S. District Judge Mae A. D'Agostino on 6/10/20. (ban)
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| Filing 31 TEXT ORDER granting #30 Letter Request for a Settlement Conference: It is hereby ORDERED that the joint request for a settlement conference before Judge D'Agostino is GRANTED; A Settlement Conference is set for 6/26/2020 at 11:00 AM VIA SKYPE before U.S. District Judge Mae A. D'Agostino. A separate skype invite will be sent to counsel. Signed by U.S. District Judge Mae A. D'Agostino on 6/10/20. (ban) |
| Filing 30 Letter Motion from Jeffrey A. payne, Esq. for David A. Bason, Watsontown Trucking Company requesting Settlement Conference submitted to Judge Hon. Mae DAgostino . (Payne, Jeffrey) |
| TEXT Minute Entry for Telephone Pre-Motion Conference held on 5/29/2020 before U.S. District Judge Mae A. D'Agostino: Appearances by John DeGasperis, Esq. for the Plaintiff; Jeffrey Payne, Esq. for the defendant; Judge D'Agostino addresses counsel regarding the defendant's pre-motion letter and settlement; The parties will continue to work on settlement. They are advised that they may contact either Magistrate Judge Hummel's Chambers or Judge D'Agostino's Chambers if they would like Court assistance; Counsel are to file a status report with the Court on or before 6/29/20; If no settlement can be reached, plaintiff's counsel may file their partial motion for summary judgment, by the motion filing deadline set in this case. (Court Reporter Lisa Tennyson, CRD Britney Norton [Time 1:00 p.m. - 1:15 p.m.]) (ban) Modified on 6/3/2020 (ban). |
| Filing 29 Pre-Motion Letter by Ricardo A. Morales requesting a pre-motion conference submitted to Judge D'Agostino. MAD Pre-Motion Response Deadline 5/26/2020 (DeGasperis, John) |
| Filing 28 REPORT OF MANDATORY MEDIATION - A Mandatory Mediation session was held on 5-5-2020. Total Hours Spent by Mediator: 4.0; The outcome of Mandatory Mediation is: MEDIATION IS COMPLETE. CASE DID NOT SETTLE. The case will proceed toward trial pursuant to the Courts Uniform Pretrial Scheduling Order. (Hacker, James) |
| Filing 27 CONFIDENTIALITY AGREEMENT 5-5-2020 (Hacker, James) |
| ADR COMPLETED - CASE DID NOT SETTLE. Mediator James E. Hacker terminated.(rjb, ) |
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Filing 26
TEXT ORDER granting #25 Letter Request from Jeffrey A. Payne for David A. Bason, Watsontown Trucking Company requesting Extend Discovery End Date. Discovery now due by 6/20/2020. Motions to be filed by 8/10/2020. Authorized by Magistrate Judge Christian F. Hummel on 4/27/2020. (tab)
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| Filing 25 Letter Motion from Jeffrey A. Payne for David A. Bason, Watsontown Trucking Company requesting Extend Discovery End Date submitted to Judge Judge Christian F. Hummel . (Payne, Jeffrey) |
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Filing 24
TEXT ORDER granting #23 Letter Request from Jeffrey A. Payne, Esq. for David A. Bason, Watsontown Trucking Company requesting to extend the Deadline to Mediate. Deadline for completion of Mandatory Mediation is reset for 5/5/2020. Authorized by Magistrate Judge Christian F. Hummel on 3/12/2020. (tab)
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| Filing 23 Letter Motion from Jeffrey A. Payne, Esq. for David A. Bason, Watsontown Trucking Company requesting Extend the Deadline to Mediate submitted to Judge Christian F. Hummel . (Payne, Jeffrey) |
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Filing 22
TEXT ORDER granting #21 Letter Request from John A. DeGasperis, Esq. for Ricardo A. Morales requesting Extension of Discovery Deadlines. Discovery to be completed by 4/28/2020. Motions to be filed by 6/17/2020. Parties are advised that no further extension requests will be considered. Authorized by Magistrate Judge Christian F. Hummel on 11/26/2019. (tab)
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| Filing 21 Letter Motion from John A. DeGasperis, Esq. for Ricardo A. Morales requesting Extension of Discovery Deadlines submitted to Judge Christian F. Hummel . (DeGasperis, John) |
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Filing 20
TEXT ORDER granting #19 Letter Requestto Extend Discovery End Date/Adjourn Mediation Date: Discovery now due by 2/28/2010. Motions to be filed by 3/30/2020. Deadline for completion of Mandatory Mediation is reset to 2/28/2020. Authorized by Magistrate Judge Christian F. Hummel on 10/4/2019. (tab)
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| Filing 19 Letter Motion from Jeffrey A. Payne, Esq. for David A. Bason, Watsontown Trucking Company requesting Extend Discovery End Date/Adjourn Mediation Date submitted to Judge Christian F. Hummel . (Payne, Jeffrey) |
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Filing 18
TEXT ORDER granting #17 Motion Extension of Mandatory Mediation deadline. Mediation deadline is extended to 12/27/2019. Authorized by Magistrate Judge Christian F. Hummel on 9/16/2019. (tab)
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| Set Deadlines/Hearings: Deadline for completion of Mandatory Mediation is 12/27/2019. (tab) |
| Filing 17 MOTION second request to adjourn the mandatory mediation end date filed by David A. Bason, Watsontown Trucking Company. Motions referred to Christian F. Hummel. (Payne, Jeffrey) |
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Filing 16
Text ORDER granting #15 Letter Request from Jeffrey A. Payne, Esq. for David A. Bason, Watsontown Trucking Company requesting To Adjourn Mandatory Mediation. The deadline for completion of Mandatory Mediation is extended to 11/4/2019. Authorized by Magistrate Judge Christian F. Hummel on 8/7/2019. (tab)
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| Filing 15 Letter Motion from Jeffrey A. Payne, Esq. for David A. Bason, Watsontown Trucking Company requesting To Adjourn Mandatory Mediation submitted to Judge Christian F. Hummel . (Payne, Jeffrey) |
| Filing 14 TEXT RDER granting #13 Letter Request from John A. DeGasperis, Esq. for Ricardo A. Morales requesting Extend Discovery Deadlines. Deadlines are reset as: Discovery now to be completed by 12/31/2019. Motions to be filed by 2/18/2020. Status Report due by 10/2/2019. Authorized by Magistrate Judge Christian F. Hummel on 7/17/2019. (tab) |
| Filing 13 Letter Motion from John A. DeGasperis, Esq. for Ricardo A. Morales requesting Extend Discovery Deadlines submitted to Judge Christian F. Hummel . (DeGasperis, John) |
| Filing 12 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that James E. Hacker, Esq. has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: John A. DeGasperis, Esq. and Jeffrey A. Payne, Esq.. Dated: March 15, 2019(DeGasperis, John) |
| Filing 11 LETTER BRIEF Advising Court of Mediator by Ricardo A. Morales. (DeGasperis, John) |
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Filing 10
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days (jury trial). Preferred Trial Location: Albany, NY. Joinder of Parties due by 4/30/2019. Amended Pleadings due by 5/31/2019. Discovery due by 10/31/2019. Motions to be filed by 12/16/2019. Deadline for completion of Mandatory Mediation is 9/10/2019. Status Report due by 8/2/2019. Signed by Magistrate Judge Christian F. Hummel on 2/13/2019. (tab)
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Filing 9
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 3/13/2019. Deadline for completion of Mandatory Mediation is 9/10/2019. Signed by Magistrate Judge Christian F. Hummel on 2/13/2019. (tab)
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| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 2/13/2019 by telephone. Appearances by John DeGasperis, Esq. for plaintiff; Jeffrey Payne, Esq. for Defendants. Pretrial deadlines are established, Scheduling Order to be issued. (tab) |
| Filing 8 DEMAND for Trial by Jury by Ricardo A. Morales. (DeGasperis, John) |
| CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk's office has reviewed the #6 Jury Demand and upon inspection found the Court referenced on the top notes the Southern District of New York instead of Northern and the case number is incorrect as well. The Clerk contacted the paralegal for Attorney John DeGasperis and advised that a corrected/amended document should be filed. (jmb) |
| Filing 7 CIVIL CASE MANAGEMENT PLAN by David A. Bason, Watsontown Trucking Company. (Payne, Jeffrey) |
| Filing 6 DEMAND for Trial by Jury by Ricardo A. Morales. (DeGasperis, John) |
| Filing 5 G.O. 25 FILING ORDER ISSUED: Initial In-Person Rule 16 Conference set for 2/13/2019 at 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/6/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
| Filing 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT: filed by Watsontown Trucking Company. Disclosing that they are neither owned by, nor is it a subsidiary of any parent corporation and that no publicly held corporation owns 10% or more of its stock. (jmb) |
| Filing 3 STATE COURT ANSWER: filed by Watsontown Trucking Company and David A. Bason.(jmb) |
| Filing 2 STATE COURT SUMMONS & COMPLAINT: relating to the #1 Notice of Removal, filed by David A. Bason, Watsontown Trucking Company. (jmb) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - County of Ulster, case number 18-3256 (Filing fee $400 receipt number ANYNDC-4617573) filed by Watsontown Trucking Company and David A. Bason. (Attachments: #1 Exhibit A - Summons & Complaint, #2 Exhibit B - Answer, #3 Exhibit C - Email dated 12/24/2018, #4 Civil Cover Sheet) (jmb) |
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