DeFilippo v. National Railroad Passenger Corporation
| Rocky DeFilippo |
| Naitional Railroad Passenger Corporation |
| 1:2017cv02789 |
| April 18, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Katherine Polk Failla |
| Federal Employers Liability |
| 45 U.S.C. ยง 51 |
| Plaintiff |
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Filing
159
ORDER: Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. U pon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, wit hout the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action wit h prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 6/16/2022) (rro)
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Filing
157
ORDER: The final pretrial conference scheduled in this matter on June 16, 2022,at 3:00 p.m., will instead take place on June 16, 2022, at 11:00 a.m., inCourtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, NewYork, New York.SO ORDERED. ( Final Pretrial Conference set for 6/16/2022 at 11:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 5/18/2022) (rro)
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Filing
156
ORDER: Trial in this action scheduled to begin October 18, 2021 (see Dkt. #145) is hereby ADJOURNED. Trial shall commence on June 21, 2022, at 9:00 a.m., in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. The parties are ORDERED to appear for a final pretrial conference on June 16, 2022, at 3:00 p.m. SO ORDERED. (Final Pretrial Conference set for 6/16/2022 at 03:00 PM before Judge Katherine Polk Failla., Jury Trial set for 6/21/2022 at 09:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 10/22/2021) (rro)
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Filing
155
ORDER terminating 119 Motion in Limine; terminating 130 Motion in Limine; terminating 148 Motion in Limine. Earlier today, the Court held a pretrial conference in this matter, during which it addressed and resolved the parties' outstanding motions in limine. The Clerk of Court is thus directed to terminate the pending motions at docket entries 119, 130, and 148. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/5/2021) (rro)
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Filing
152
ORDER: The parties are hereby ORDERED to appear for a telephone conference regarding the trial schedule in this matter on September 29, 2021, at 6:00 p.m. The dial-in information is as follows: At 6:00 p.m. the parties shall call (888)363-4749 and enter access code 5123533. Please note, the conference will not be available prior to 6:00 p.m. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/29/2021) ( Telephone Conference set for 9/29/2021 at 06:00 PM before Judge Katherine Polk Failla.) (ks)
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Filing
147
ORDER: The Southern District of New York has reconfigured courtrooms and other spaces in its courthouses to allow civil jury trials to proceed as safely as possible during the COVID-19 pandemic. Under the centralized calendaring system currently in place, the Clerk's Office schedules up to three jury trials to begin on each day of jury selection: a primary case and up to two back-up cases that may proceed in its place if the primary case does not go forward. The Clerk's Office pl aces additional back-up cases on a weekly trial-ready calendar, which cases may proceed on any day that week if the primary case and two back-up cases do not go forward. On June 8, 2021, the parties informed the Court that they wished to proceed to t rial during either October or November 2021. (See Dkt. #144). The Court accordingly ordered that trial would commence on October 18, 2021 (Dkt. #145), and proceeded to request a jury trial for that date. The Clerk's Office has now notified the C ourt that this case has been placed on the trial-ready calendar for the week of October 18, 2021, but that it has not been given either a firm trial date or an assigned courtroom. The parties should be prepared to proceed to trial during that week. If the case cannot proceed during the scheduled week, the parties must notify the Court as soon as possible so that the Clerk's Office may adjust the trial-ready calendar accordingly. The Court has previously entered a schedule for pretrial submissions. (See Dkt. #145). The parties should plan to adhere to the deadlines set forth in the Court's prior Order. ( Ready for Trial by 10/18/2021.) (Signed by Judge Katherine Polk Failla on 9/1/2021) (ate)
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Filing
139
ORDER: On February 26, 2021, the Court entered an Order advising the parties that pursuant to the centralized trial calendaring system currently in place in the Southern District of New York, this case had been placed as third on the jury trial lis t for June 16, 2021. (Dkt. #117). Unfortunately, it was confirmed today that the second case on the jury trial list for that date is expected to proceed, and the Court thus is unlikely to have access to either a modified courtroom or a jury panel. As such, the Court regretfully must adjourn the June 16, 2021 trial start-date, and all its accompanying deadlines, sine die. The parties are directed to submit a joint letter on or before June 8, 2021, regarding their availability for trial during the fourth quarter of 2021. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/25/2021) (rro)
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Filing
114
ORDER:There is currently a jury trial scheduled in this action for November 30, 2020. However, given the ongoing pandemic and representations from the parties, the Court does not believe it prudent to proceed with trial at this time. Accordingly, t he Court ADJOURNS the jury trial and its associated deadlines, including the final pretrial conference, sine die. The Court ORDERS the parties to submit a joint letter on or before October 23, 2020, with proposed jury trial dates for the second quarter of 2021. (Signed by Judge Katherine Polk Failla on 10/13/2020) (rro)
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Filing
95
OPINION AND ORDER re: 79 FIRST MOTION for Summary Judgment filed by ABM Janitorial Services Northeast, Inc. For the reasons discussed in this Opinion, ABM's motion for summary judgment is DENIED in full. The Clerk of Court is directed to terminate the motion at Docket Entry 79. The parties are to submit a joint letter on or before August 19, 2019, in which they set are to set forth their availability for trial in the second quarter of 2020, to request an alternative dispute resolution mechanism, and/or to propose an alternative path forward for resolution of this case. (Signed by Judge Katherine Polk Failla on 8/2/2019) (rro)
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| Plaintiff: Rocky DeFilippo | |
| Represented By: | Michael A. Rose |
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| Defendant: Naitional Railroad Passenger Corporation | |
| Represented By: | Ronald E Joseph |
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