Barton v. Barton
| Alex Barton |
| Aaron Barton |
| Elena DeFio Kean |
| 5:2024cv00011 |
| January 3, 2024 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Glenn T Suddaby |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
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This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.
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| Filing 13 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Elena DeFio Kean 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: Timothy J. Fennell and Michael Korsinsky. Dated: 03/01/024(Chadwick, Amy) |
Filing 12
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 3/5/2024. Deadline for completion of Mandatory Mediation is 5/31/2024. Signed by Magistrate Judge Miroslav Lovric on 2/6/2024. (jdc )
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Filing 11
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 4. Preferred Trial Location: Syracuse. Joinder of Parties due by 4/8/2024. Amended Pleadings due by 4/8/2024. Discovery due by 7/31/2024. Plaintiffs Expert Disclosure Deadline is 5/2/2024. Defendants Expert Disclosure Deadline is 6/17/2024. Rebuttal Expert Disclosure Deadline is 7/1/2024. Motions to be filed by 8/30/2024. Signed by Magistrate Judge Miroslav Lovric on 2/6/2024. (jdc )
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| Filing 10 TEXT ORDER: On or before 4/8/2024, the parties shall file status reports regarding the progress of the litigation. A telephone conference is scheduled for 4/18/2024 at 11:00 a.m. The Courtroom Deputy will provide counsel with a Teams invite that contains the call-in information. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 2/6/2024.(jdc ) |
| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an initial conference was held on 2/6/2024. Pretrial deadlines were discussed and set. A telephone conference is scheduled for 4/18/2024 at 11:00 a.m. Appearances: T. Fennell, Esq. for the Plaintiff and A. Lew, for the Defendant. (jdc) |
| Filing 9 CIVIL CASE MANAGEMENT PLAN filed jointly by Alex Barton. (Fennell, Timothy) |
| Filing 8 Plaintiff's Reply ANSWER to #7 Answer to Complaint, Counterclaim by Alex Barton.(Fennell, Timothy) |
| Filing 7 ANSWER to Complaint filed by Plaintiff, COUNTERCLAIM against Alex Barton by Aaron Barton.(Lew, Avi) |
| ***Answer due date updated for #7 COUNTERCLAIM for Alex Barton answer due 2/2/2024. (ztc) |
| Filing 6 TEXT ORDER: the parties joint Letter Motion #5 is DENIED to the extent that it seeks an order from this Court directing the Clerk of the Supreme Court, Oswego County and that court to seal records. The parties are directed to contact the Supreme Court, Oswego County regarding any requests to seal documents maintained by that court. To the extent that the parties seek the sealing of any document filed in this Court, they are directed to comply with N.D.N.Y. L.R. 5.3. To the extent that the parties are concerned solely with the redaction of personal identifiers included on publicly available documents filed with this Court, they are directed to comply with N.D.N.Y. L.R. 5.2. Finally, the Court notes that the State Court Complaint filed on the docket in this matter with this Court is restricted to court users, case participants, and public terminal users. (See, Dkt. No. 1, Attach. 1; Dkt. No. 2; docket entry dated 1/4/2024 [All unredacted versions [of the State Court Complaint] will remain restricted.].) SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 1/11/2024. (jdc) |
| Filing 5 joint Letter Motion from Joint letter for Aaron Barton requesting to request state court to seal record . (Korsinsky, Michael) |
| Filing 4 CERTIFICATE OF SERVICE by Aaron Barton re #3 G.O. 25 Filing Order, of order etc. in state court (Korsinsky, Michael) |
| ***Answer due date updated for Aaron Barton answer to #2 STATE COURT COMPLAINT due 1/10/2024. (ztc) |
| TEXT NOTICE OF FILING DEFICIENCY as to Aaron Barton regarding the #1 Notice of Removal, #2 State Court Complaint NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. These documents have been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. 1. Plaintiff's and Defendant's home addresses are listed in the Notice of Removal, Exhibit A to the Notice of Removal, and the State Court Complaint. Second, there is a Bank Account number listed in Exhibit A to the Notice of Removal and the State Court Complaint. File the Redacted Versions using the event CORRECTED DOCUMENT(S) found under Other Filings. 2. Attorney Korsinsky did not file Exhibit C (Notice of Filing of Notice of Removal) to the Notice of Removal with the initial filing. Please file this using the Notice-Other Event in this case and label that it is Exhibit C in the docket text. 3. A civil cover sheet was not submitted with the initial filing of the Complaint. Please file a completed Civil Cover Sheet using the Notice-Other event in this case and label that it is the Civil Cover Sheet in the docket text. Notice of Filing Deficiency Deadline 1/9/2024 (ztc) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #1 Notice of Removal, #2 State Court Complaint. Clerk added the redacted versions, filed by Counsel, of the Notice of Removal and Exhibit A to DKT #1 . Clerk also added Exhibit C and the Civil Cover sheet to DKT #1 . As to DKT #2 , Clerk added the redacted version of the State Court Complaint to the entry. All unredacted versions will remain restricted. (ztc) |
| TEXT NOTICE: The Initial Conference set for 2/6/2024 at 11:00AM before Magistrate Judge Miroslav Lovric, via Microsoft Teams Teleconferencing. The Courtroom Deputy will send a teams link to the parties to participate. (jdc ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 2/6/2024 at 11:00 AM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/30/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc) |
| Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff Alex Barton in NYS Supreme Court Oswego County. (ztc) (Additional attachment(s) added on 1/4/2024: #1 State Court Complaint-Redacted) (ztc, ). |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court Oswego County, case number EFC-2023-1735 (Filing fee $405 receipt number ANYNDC-6564469) filed by Alex Barton. (Attachments: #1 Exhibit A-State Court Summons and Complaint, #2 Exhibit B-Affidavit of Service)(ztc) (Additional attachment(s) added on 1/4/2024: #3 Notice of Removal-Redacted, #4 Exhibit A-State Court Summons and Complaint-Redacted, #5 Exhibit C, #6 Civil Cover Sheet) (ztc, ). |
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