Martinez et al, v. The United States Of America
| Ivette Martinez |
| The United States Of America |
| Jose Cotto and UNITED STATES OF AMERICA |
| 1:2017cv08492 |
| November 2, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| John P Cronan |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 2671 Federal Tort Claims Act |
| None |
Docket Report
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Filing 28
STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and the United States, through their respective counsel, that the Action shall be settled and compromised on the following terms and conditions: 1. This Action is hereby dismissed with prejudice, without costs, interest, attorneys' fees, or disbursements to any party, except as specified in paragraph 3 of this Stipulation and Order of Settlement and Dismissal (the "Stipulation and Order"). 3. The United States agrees to pay to Plaintiffs the total sum of fifty thousand dollars and no cents ($50,000.00) (the "Settlement Amount"). The Settlement Amount shall be in full settlement and satisfaction of any and all claims, demands, rights and causes of action that Plaintiffs (or any of their guardians, heirs, executors, administrators, successors, or assigns) now have or may hereafter acquire against the United States or any of its present or former departments, agencies, agents, officials, or employees (including deemed employees as defined in 42 U.S.C. 233), arising from or related to the events, circumstances, or incidents giving rise to the Action and all claims incident thereto. (Signed by Judge John P. Cronan on 12/29/2020) (nb) Transmission to Finance Unit (Cashiers) for processing.
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| Filing 27 PROPOSED STIPULATION AND ORDER. Document filed by The United States Of America..(Kochevar, Steven) |
| Filing 26 MEMO ENDORSEMENT re: #25 Letter filed by The United States Of America. ENDORSEMENT: Defendant's request is GRANTED. The parties shall submit a joint letter updating the Court on the status of settlement and dismissal by January 6, 2021, if the parties have not filed a stipulation of settlement and dismissal by that date. The Court will accept electronic signatures in lieu of ink signatures. (Signed by Judge John P. Cronan on 11/29/2020) (nb) |
| Filing 25 JOINT LETTER addressed to Judge John P. Cronan from AUSA Steven J. Kochevar dated November 23, 2020 re: Status Letter Pursuant to Court's October 27, 2020 Order (ECF No. 24). Document filed by The United States Of America..(Kochevar, Steven) |
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Filing 24
ORDER granting #23 JOINT LETTER MOTION to Adjourn Conference and All Deadlines addressed to Judge John P. Cronan from AUSA Steven J. Kochevar dated October 26, 2020. Document filed by The United States Of America. Defendant's request is GRANTED. All deadlines and conferences are adjourned sine die. It is hereby ORDERED that the parties shall submit a joint letter of no more than three pages by November 23, 2020 updating the Court on the status of settlement and dismissal. So ordered. The following hearing(s) was terminated: Telephone Conference. (Signed by Judge John P. Cronan on 10/27/2020) (rjm)
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| Filing 23 JOINT LETTER MOTION to Adjourn Conference and All Deadlines addressed to Judge John P. Cronan from AUSA Steven J. Kochevar dated October 26, 2020. Document filed by The United States Of America..(Kochevar, Steven) |
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Filing 22
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any currently scheduled conference or oral argument before this Court is adjourned pending further order of this Court. Counsel for all parties are hereby directed to appear before the undersigned for status conference on November 4, 2020 at 11:00 a.m. In light of the ongoing COVID-19 pandemic, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Telephone Conference set for 11/4/2020 at 11:00 AM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 10/16/2020) (kv)
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| NOTICE OF CASE REASSIGNMENT to Judge John Peter Cronan. Judge Colleen McMahon is no longer assigned to the case. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Deborah A. Batts is no longer assigned to the case. (sjo) |
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Filing 21
ORDER: The Status Conference in the above captioned case that was scheduled for Thursday, January 23, 2020 at 10:30 AM is rescheduled to Thursday, April 16, 2020 at 2:30 PM. (Status Conference set for 4/16/2020 at 02:30 PM before Judge Deborah A. Batts.) (Signed by Judge Deborah A. Batts on 11/14/2019) (rro)
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Filing 20
ORDER granting #19 Letter Motion for Conference. GRANTED. Status confernce scheduled for January 23, 2020 at 10:30 AM. SO ORDERED. (Status Conference set for 1/23/2020 at 10:30 AM before Judge Deborah A. Batts.) (Signed by Judge Deborah A. Batts on 7/25/2019) (rro)
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| Filing 19 JOINT LETTER MOTION for Conference addressed to Judge Deborah A. Batts from Steven J. Kochevar dated July 24, 2019. Document filed by The United States Of America.(Kochevar, Steven) |
| Case Stayed. (mml) |
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Filing 18
STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/18) (yv)
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Filing 17
ORDER granting #16 Letter Motion to Adjourn Conference. Granted. The conference is adjourned to Thursday, January 24, 2019 at 11:00 a.m. SO ORDERED. (Status Conference set for 1/24/2019 at 11:00 AM before Judge Deborah A. Batts.) (Signed by Judge Deborah A. Batts on 10/18/2018) (rro)
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| Filing 16 SECOND LETTER MOTION to Adjourn Conference addressed to Judge Deborah A. Batts from Steven J. Kochevar dated 10/17/2018. Document filed by The United States Of America.(Kochevar, Steven) |
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Filing 15
ORDER granting #14 Letter Motion to Adjourn Conference. Granted. The conference is adjourned to Thursday, October 25, 2018 at 10:30 a.m. SO ORDERED. (Status Conference set for 10/25/2018 at 10:30 AM before Judge Deborah A. Batts.) (Signed by Judge Deborah A. Batts on 8/24/2018) (rro)
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| Filing 14 JOINT LETTER MOTION to Adjourn Conference addressed to Judge Deborah A. Batts from Steven J. Kochevar dated 08/23/2018. Document filed by The United States Of America.(Kochevar, Steven) |
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Filing 13
SCHEDULING ORDER: Estimated trial time is 1 week. Non-Jury. Status Conference set for 8/30/2018 at 10:30 AM before Judge Deborah A. Batts. (Signed by Judge Deborah A. Batts on 4/12/2018) (js)
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| Minute Entry for proceedings held before Judge Deborah A. Batts: Initial Pretrial Conference held on 4/12/2018, ( Status Conference set for 8/30/2018 at 10:30 AM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Deborah A. Batts.). SEE ORDER. (kwi) |
| Filing 12 NOTICE OF INITIAL CONFERENCE: Initial Conference set for 2/22/2018 at 10:30 AM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Deborah A. Batts. (Signed by Judge Deborah A. Batts on 1/24/2018) (kgo) |
| Filing 11 ANSWER to #4 Complaint,. Document filed by The United States Of America.(Kochevar, Steven) |
| Filing 10 NOTICE OF APPEARANCE by Steven John Kochevar on behalf of The United States Of America. (Kochevar, Steven) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint, served. The United States Of America served on 11/9/2017, answer due 1/8/2018. Service was accepted by Israel Minaja. Document filed by Ivette Martinez(Individually ); Ivette Martinez(and as parents and natural guardians of J.C., an infant ); Jose Cotto; Jose Cotto. (Bloom, Jeffrey) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,. Ivette Martinez(Individually ) served on 11/8/2017, answer due 11/29/2017; Ivette Martinez(and as parents and natural guardians of J.C., an infant ) served on 11/8/2017, answer due 11/29/2017; Jose Cotto served on 11/8/2017, answer due 11/29/2017; Jose Cotto served on 11/8/2017, answer due 11/29/2017. Service was made by Mail. Document filed by Ivette Martinez(Individually ); Ivette Martinez(and as parents and natural guardians of J.C., an infant ); Jose Cotto; Jose Cotto. (Bloom, Jeffrey) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to The United States Of America, U.S. Attorney and U.S. Attorney General. (sj) |
| Filing 6 CIVIL COVER SHEET filed. (Bloom, Jeffrey) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to The United States of America, re: #4 Complaint, #1 Complaint,. Document filed by Jose Cotto, Jose Cotto, Ivette Martinez(Individually ), Ivette Martinez(and as parents and natural guardians of J.C., an infant ). (Bloom, Jeffrey) |
| Filing 4 COMPLAINT against The United States Of America. Document filed by Ivette Martinez(Individually ), Ivette Martinez(and as parents and natural guardians of J.C., an infant ), Jose Cotto, Jose Cotto. (Attachments: #1 Exhibit Ex A - Denial Letter, #2 Errata Ex B - Administrative Complaint)(Bloom, Jeffrey) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey B. Bloom. The following case opening statistical information was erroneously selected/entered: Jury Demand code p (Plaintiff); Dollar Demand 1,000,000,000. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to n (None); the Dollar Demand has been modified to 1,000,000. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jeffrey B. Bloom to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Plaintiff radio button was selected; not all the filer/filers were selected for the pleading. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Deborah A. Batts. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (vf) |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (vf) |
| Case Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jeffrey B. Bloom to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons form; not all the filer/filers were selected for the request for issuance of summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 3 FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to The United States of America, re: #1 Complaint. Document filed by Jose Cotto. (Bloom, Jeffrey) Modified on 11/3/2017 (vf). |
| Filing 2 CIVIL COVER SHEET filed. (Bloom, Jeffrey) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING COMPLAINT against All Plaintiffs. (Filing Fee $ 400.00, Receipt Number 0208-14320481)Document filed by Jose Cotto. (Attachments: #1 Ex A - Denial Letter, #2 Ex B - Administrative Complaint)(Bloom, Jeffrey) Modified on 11/3/2017 (vf). |
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