Tovar v. Indiana et al
| Joao Tovar |
| Robert Indiana, Simon Salama-Caro, John Gilbert and John Does 1-10 |
| 1:2011cv00776 |
| February 3, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Katherine B Forrest |
| Theodore H Katz |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Both |
Docket Report
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This docket was last retrieved on November 17, 2011. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 36 NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge Deborah A. Batts is no longer assigned to the case. (pgu) |
| Filing 35 CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated November 8, 2011, defendants motions to dismiss for lack of subject matter jurisdiction are granted and plaintiffs complaint is dismissed, without prejudice, in its entirety. (Signed by Clerk of Court Ruby Krajick on 11/8/11) (Attachments: #1 Notice of Right to Appeal)(dt) |
Filing 34
MEMORANDUM AND ORDER granting #4 Motion to Dismiss; granting #12 Motion to Dismiss. Plaintiff's Complaint is hereby DISMISSED, without prejudice, in its entirety. (Signed by Judge Deborah A. Batts on 11/8/2011) (cd)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #34 Order on Motion to Dismiss, to the Judgments and Orders Clerk. (cd) |
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Filing 33
ORDER. In an Order dated July 15, 2011 Magistrate Judge Theodore H. Katz granted Plaintiff leave to amend the Complaint to drop, the John Doe Defendants. (See Docket #30.) No Amended Complaint has since been filed, nor is the Court aware of any efforts being made to identify the John Doe Defendants. Accordingly, it is hereby ORDERED that Plaintiff's claims against all John Doe Defendants be DISMISSED, without prejudice, for failure to prosecute. (Signed by Judge Deborah A. Batts on 10/19/11) (rjm) Modified on 10/19/2011 (rjm).
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Filing 32
ENDORSED LETTER: addressed to Judge Deborah A. Batts from Peter R. Stern dated 8/18/2011 re: Counsel for defendant asks that Your Honor should refrain from permitting discovery until Your Honor has ruled on the pending motions. This is especially true given that there is no compelling urgency for discovery to take place prior to those rulings. ENDORSEMENT: Parties can proceed with informal discovery however no conference or scheduling order until after pending motions have been resolved. So Ordered. (Signed by Judge Deborah A. Batts on 8/21/2011) (js)
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| Filing 31 ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Gary D. Sesser dated 8/12/2011 re: Counsel for the defendant writes to request that if the possibility of pretrial discovery is on the agenda for the August 17 conference, the conference also should address Indiana's request for a stay of discovery. ENDORSEMENT: Counsel is correct that General Pretrial Supervision is not been referred to this Court. The Court has addressed all disputes that were referred. Accordingly, the August 17th conference is canceled. (Signed by Magistrate Judge Theodore H. Katz on 8/16/2011) (ft) |
| Filing 30 ENDORSED LETTER addressed to Magistrate Judge Theodore H Katz from Gary Sesser dated 6/10/11 re: We oppose Mr. Moody's request that the Court amend the Complaint. ENDORSEMENT: Plaintiff seeks to amend the complaint to remove the John Doe Defendants as parties nunc pro tunc. Rule 15 of the Federal Rules provides that leave to amend should be fully given when justice so requires. Having relieved Defendants' letters, the Court perceives no bona fide substantive opposition to the motion. Certainly, the amendment will result in no prejudice to defendants. The primary reason defendants oppose the application is their concern that the amendment will trigger a pretrial conference and the possibility of pretrial discovery. That concern will be separately addressed at a conference. Accordingly, Plaintiff is granted leave to amend the Complaint to drop the John Doe Defendants nunc pro tunc. (Signed by Magistrate Judge Theodore H. Katz on 7/15/11) (cd) |
| Filing 29 REPLY MEMORANDUM OF LAW in Support re: #4 MOTION to Dismiss the Complaint., #12 MOTION to Dismiss the Complaint.. Document filed by Joao Tovar. (Moody, Mark) |
| Filing 28 REPLY AFFIRMATION of Mark Warren Moody in Support re: #4 MOTION to Dismiss the Complaint., #12 MOTION to Dismiss the Complaint.. Document filed by Joao Tovar. (Attachments: #1 Exhibit)(Moody, Mark) |
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Filing 27
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. All current disputes including as described in May 16-June 2 letters. Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge Deborah A. Batts on 6/7/2011) (jpo)
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| Filing 26 REPLY MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss the Complaint. and in Opposition to Plaintiff's Cross-Motion for Summary Judgment and Leave to Amend His Complaint. Document filed by Simon Salama-Caro. (Stern, Peter) |
| Filing 25 DECLARATION of Simon Salama-Caro in Support re: #12 MOTION to Dismiss the Complaint.. Document filed by Simon Salama-Caro. (Attachments: #1 Exhibit 1-2)(Stern, Peter) |
| Filing 24 DECLARATION of Peter R. Stern in Support re: #12 MOTION to Dismiss the Complaint.. Document filed by Simon Salama-Caro. (Attachments: #1 Exhibit A-C)(Stern, Peter) |
| Filing 23 DECLARATION of Gary D. Sesser in Support re: #4 MOTION to Dismiss the Complaint.. Document filed by Robert Indiana. (Attachments: #1 Exhibit Exhibit A through F, #2 Exhibit Exhibit G through I, #3 Exhibit Exhibit J - Part 1, #4 Exhibit Exhibit J - Part 2, #5 Exhibit Exhibit K through T)(Sesser, Gary) |
| Filing 22 RULE 56.1 STATEMENT., COUNTER STATEMENT TO Document filed by Robert Indiana. (Sesser, Gary) |
| Filing 21 REPLY MEMORANDUM OF LAW in Support re: #4 MOTION to Dismiss the Complaint. and in Opposition to Plaintiff's Cross-Motions for Summary Judgment and for Leave to Amend the Complaint. Document filed by Robert Indiana. (Sesser, Gary) |
| Filing 20 RESPONSE in Opposition re: #4 MOTION to Dismiss the Complaint., #12 MOTION to Dismiss the Complaint. Rule 56.1 Counter Statement. Document filed by Joao Tovar. (Moody, Mark) |
| Filing 19 DECLARATION of Moody in Opposition re: #4 MOTION to Dismiss the Complaint., #12 MOTION to Dismiss the Complaint.. Document filed by Joao Tovar. (Attachments: #1 Affidavit Gilbert, #2 Affidavit Moody, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10)(Moody, Mark) |
| Filing 18 MEMORANDUM OF LAW in Opposition re: #4 MOTION to Dismiss the Complaint., #12 MOTION to Dismiss the Complaint.. Document filed by Joao Tovar. (Moody, Mark) |
| Filing 17 ANSWER to Complaint with JURY DEMAND. Document filed by John Gilbert. (Attachments: #1 Exhibit certificate of service)(Keyhani, Dariush) |
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Filing 16
STIPULATION AND ORDER: It is hereby Stipulated and agreed that that plaintiff's time to serve his opposition and cross-motion to defendant Simon Salama-Caro's motion shall be served consistent with plaintiff's response to defendant Robert Indiana's motion which shall be extended by three (3) weeks, and all deadlines set in the prior stipulation shall be similarly adjusted as follows: (i) plaintiff's opposition and cross-motion to both defendant Robert Indiana's and defendant Simon Salama-Caro's motions shall be served on or before May 9/2011. (ii) defendant Robert Indiana's and defendant Simon Salama-Caro's reply papers and their opposition to plaintiff's cross-motion shall be served on or before 6/3/11. (iii) plaintiff's reply to his cross-motion shall be served on or before 6/17/11. (Signed by Judge Deborah A. Batts on 4/19/2011) (jfe) Modified on 4/19/2011 (jfe).
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| Filing 15 CERTIFICATE OF SERVICE of Notice of Motion to Dismiss Complaint, Declarartion of Peter R. Stern, Memorandum of Law in Support of Defendant Simon Salama-Caro's Motion to Dismiss the Complaint and for Summary Judgment served on John Gilbert on April 5, 2011. Service was made by Mail. Document filed by Simon Salama-Caro. (Stern, Peter) |
| Filing 14 MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss the Complaint.. Document filed by Simon Salama-Caro. (Stern, Peter) |
| Filing 13 DECLARATION of Peter R. Stern in Support re: #12 MOTION to Dismiss the Complaint.. Document filed by Simon Salama-Caro. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stern, Peter) |
| Filing 12 MOTION to Dismiss the Complaint. Document filed by Simon Salama-Caro.(Stern, Peter) |
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Filing 11
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for plaintiff and counsel for defendant Robert Indiana that: (i) plaintiff's time to file his opposition and cross-motion shall be extended from March 31, 2011 to up to and including April 18, 2011; (ii) defendant Robert Indiana's time to file his reply papers in further support of his motion and his opposition to plaintiff's cross-motion shall be extended up to and including May 13, 2011; and (iii) plaintiff's time to file his reply in further support of his cross-motion shall be extended up to and including May 27, 2011. There have been no previous requests for an adjournment in this action. (Signed by Judge Deborah A. Batts on 3/22/2011) (jfe) Modified on 3/22/2011 (jfe).
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| Set/Reset Deadlines: Cross Motions due by 4/18/2011. (jfe) |
| Filing 10 NOTICE OF APPEARANCE by Jon Paul Robbins on behalf of Simon Salama-Caro (Robbins, Jon) |
| Filing 9 NOTICE OF APPEARANCE by Peter R. Stern on behalf of Simon Salama-Caro (Stern, Peter) |
| Filing 8 CERTIFICATE OF SERVICE of Notice of Motion to Dismiss Complaint, Declaration of Gary D. Sesser, Defendant Robert Indianas Local Civil Rule 56.1. Statement of Material Facts not in Dispute and Memorandum of Law in Support of Defendant Robert Indianas Motion to Dismiss the Complaint and for Summary Judgment served on Dariush Keyhani, Esq. and Peter R. Stern, Esq on March 14, 2011. Service was made by Mail. Document filed by Robert Indiana. (Sesser, Gary) |
| Filing 7 MEMORANDUM OF LAW in Support re: #4 MOTION to Dismiss the Complaint.. Document filed by Robert Indiana. (Sesser, Gary) |
| Filing 6 RULE 56.1 STATEMENT. Document filed by Robert Indiana. (Sesser, Gary) |
| Filing 5 DECLARATION of Gary D. Sesser in Support re: #4 MOTION to Dismiss the Complaint.. Document filed by Robert Indiana. (Attachments: #1 Exhibit Exhibit A - Part 1, #2 Exhibit Exhibit A - Part 2, #3 Exhibit Exhibit A - Part 3, #4 Exhibit Exhibit A - Part 4, #5 Exhibit Exhibit A - Part 5, #6 Exhibit Exhibit A - Part 6, #7 Exhibit Exhibit B, #8 Exhibit Exhibit C, #9 Exhibit Exhibit D, #10 Exhibit Exhibit E, #11 Exhibit Exhibit F, #12 Exhibit Exhibit G, #13 Exhibit Exhibit H)(Sesser, Gary) |
| Filing 4 MOTION to Dismiss the Complaint. Document filed by Robert Indiana.(Sesser, Gary) |
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Filing 3
ENDORSED LETTER addressed to Judge Deborah A. Batts from Mark Warren Moody, dated 2/8/2011, re: Counsel for Plaintiff Joao Tovar writes: As this Court may already know, the Complaint in the captioned matter filed on February 3, 2011 references four (4) exhibits which - due to my clerical error - were not physically annexed to the Complaint. Plaintiff respectfully requests that the attached filed complaint (which is identical to the one filed on February 3, 2011, and has not yet been served on any Defendant), with the appropriate exhibits, be deemed filed nunc pro tun. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Deborah A. Batts on 2/22/2011) (lnl)
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| Filing 2 NOTICE OF CASE ASSIGNMENT to Judge Deborah A. Batts. Judge Unassigned is no longer assigned to the case. (sjo) |
| CASE ACCEPTED AS RELATED. Create association to 1:09-cv-06352-DAB -THK. Notice of Assignment to follow. (sjo) |
| Magistrate Judge Theodore H. Katz is so designated. (sjo) |
| Filing 1 COMPLAINT against John Gilbert, Robert Indiana, John Does 1-10, Simon Salama-Caro. (Filing Fee $ 350.00, Receipt Number 928559)Document filed by Joao Tovar.(ama) |
| SUMMONS ISSUED as to John Gilbert, Robert Indiana, John Does 1-10, Simon Salama-Caro. (ama) |
| Case Designated ECF. (ama) |
| CASE REFERRED TO Judge Deborah A. Batts as possibly related to 1:09-cv-6352. (ama) |
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