DeCapua v. MetLife, Inc.
Plaintiff: David DeCapua
Defendant: MetLife, Inc. a Delaware Corporation and MetLife, Inc.
Case Number: 1:2018cv07335
Filed: August 14, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: NewYork
Presiding Judge: Gregory H Woods
Nature of Suit: Other Statutory Actions
Cause of Action: 47 U.S.C. § 227
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 12, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 12, 2018 Filing 26 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) MetLife, Inc.. Document filed by David DeCapua. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Selbin, Jonathan)
October 10, 2018 Opinion or Order Filing 25 ORDER. Defendants October 1, 2018 request for leave to file a motion to dismiss, Dkt. No. 18, is granted. The deadline for Defendant to file and serve its motion to dismiss is November 2, 2018. Plaintiffs opposition is due no later than twenty-one days after service of Defendants motion; Defendants reply, if any, is due within fourteen days after service of the opposition. For the reasons stated on the record during the hearing held on October 5, 2018, proceedings in this case are stayed pending resolution of Defendants motion to dismiss. The initial pretrial conference scheduled for October 9, 2018 is adjourned sine dine. (HEREBY ORDERED by Judge Gregory H. Woods on October 10, 2018) (Text Only Order)(Daniels, A.)
October 5, 2018 Opinion or Order Filing 24 ORDER granting #23 Motion for Debra Lee Bogo-Ernst to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
October 5, 2018 Filing 23 MOTION for Debra Lee Bogo-Ernst to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15662937. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MetLife, Inc.. (Attachments: #1 Attorney Declaration, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Bogo-Ernst, Debra)
October 5, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Debra Lee Bogo-Ernst to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15662937. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
October 5, 2018 Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 10/5/2018. (Court Reporter Pamela Utter) (Daniels, Anthony)
October 3, 2018 Opinion or Order Filing 22 ORDER granting #17 Motion for Matthew Ryan Wilson to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
October 3, 2018 Opinion or Order Filing 21 ORDER granting #11 Motion for Michael J. Boyle, Jr. to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
October 2, 2018 Opinion or Order Filing 20 ORDER granting #18 Letter Motion for Conference. Defendant's request for a pre-motion conference is granted. The Court will hold a teleconference regarding Defendant's proposed motion to dismiss on October 5, 2018 at 10:30 a.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. SO ORDERED. (Telephone Conference set for 10/5/2018 at 10:30 AM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 10/2/2018) (rro)
October 2, 2018 Filing 19 JOINT LETTER addressed to Judge Gregory H. Woods from Jonathan D. Selbin (for Plaintiff) and Archis A. Parasharami (for Defendant) dated October 2, 2018 re: Status of the Case in Advance of the Initial Pretrial Conference. Document filed by David DeCapua.(Selbin, Jonathan)
October 1, 2018 Filing 18 LETTER MOTION for Conference Pre-Motion Conference re Motion to Dismiss or Stay the Complaint addressed to Judge Gregory H. Woods from Archis A. Parasharami dated October 1, 2018. Document filed by MetLife, Inc..(Parasharami, Archis)
September 14, 2018 Filing 17 MOTION for Matthew Ryan Wilson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15569941. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David DeCapua. (Attachments: #1 Affidavit of Matthew R. Wilson, #2 Exhibit A--Ohio Certificate of Good Standing, #3 Exhibit B--California Certificate of Good Standing, #4 Text of Proposed Order)(Wilson, Matthew)
September 14, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Matthew Ryan Wilson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15569941. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
September 11, 2018 Opinion or Order Filing 16 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/9/2018 at 03:30 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (As further set forth in this Order.) (Signed by Judge Gregory H. Woods on 9/11/2018) (cf)
September 7, 2018 Opinion or Order Filing 15 ORDER granting #14 Letter Motion for Extension of Time to Answer. Defendant's application for an extension of time to answer or otherwise respond to the Complaint, Dkt. No. 5, is granted. The deadline for Defendant to answer or otherwise respond to the Complaint is extended to October 1, 2018. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 14. MetLife, Inc. answer due 10/1/2018. (Signed by Judge Gregory H. Woods on 9/7/2018) (mro)
September 7, 2018 Filing 14 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from Archis A. Parasharami dated 9/7/2018. Document filed by MetLife, Inc..(Parasharami, Archis)
September 7, 2018 Opinion or Order Filing 13 ORDER denying without prejudice #12 Motion for Extension of Time to Answer. Application denied without prejudice. This application was made by a lawyer who does not represent the defendant in this matter. The Court will not entertain such an application. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 12. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/7/2018) (anc)
September 6, 2018 Filing 12 LETTER MOTION for Extension of Time to File Answer addressed to Judge Gregory H. Woods from Sandra D. Hauser dated September 6, 2018. Document filed by MetLife, Inc..(Hauser, Sandra)
August 29, 2018 Filing 11 MOTION for Michael J. Boyle, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15509100. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David DeCapua. (Attachments: #1 Affidavit of Michael J. Boyle, Jr., #2 Exhibit A--Ohio Certificate of Good Standing, #3 Exhibit B--California Certificate of Good Standing, #4 Text of Proposed Order)(Boyle, Michael)
August 29, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Michael J. Boyle, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15509100. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
August 23, 2018 Opinion or Order Filing 10 ORDER granting #8 Motion for Daniel M. Hutchinson to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
August 20, 2018 Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint served. MetLife, Inc. served on 8/16/2018, answer due 9/6/2018. Service was accepted by Brian Kehoe, Legal Assistant at MetLife, Inc.. Document filed by David DeCapua. (Attachments: #1 Exhibit 1 (Ali Affidavit), #2 Exhibit 2 (Executed Summons))(Nicolaou, John)
August 20, 2018 Filing 8 MOTION for Daniel M. Hutchinson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15471301. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David DeCapua. (Attachments: #1 Affidavit of Daniel M. Hutchinson in Support of Motion for Admission Pro Hac Vice, #2 Text of Proposed Order Approving Motion for Admission Pro Hac Vice)(Hutchinson, Daniel)
August 20, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Daniel M. Hutchinson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15471301. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 16, 2018 Filing 7 ELECTRONIC SUMMONS ISSUED as to MetLife, Inc.. (dnh)
August 15, 2018 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to MetLife, Inc., re: #5 Complaint. Document filed by David DeCapua. (Selbin, Jonathan)
August 15, 2018 Filing 5 COMPLAINT against MetLife, Inc.. Document filed by David DeCapua.(Selbin, Jonathan)
August 15, 2018 Magistrate Judge Ona T. Wang 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. (pne)
August 15, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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. (pne)
August 15, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan D. Selbin to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reasons: defendant name error; party name in the "To" field must match party name on docket entry text. 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. (pne)
August 15, 2018 Case Designated ECF. (pne)
August 15, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan D. Selbin. The party information for the following parties has been modified: David DeCapua, MetLife, Inc. The information for the parties has been modified for the following reasons: party name contained a typographical error; party text was omitted. (pne)
August 15, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jonathan D. Selbin to RE-FILE Document No. #1 Complaint,. The filing is deficient for the following reason: the All Defendant radio button was selected. 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. (pne)
August 14, 2018 Filing 4 NOTICE OF APPEARANCE by John Theodore Nicolaou on behalf of David DeCapua. (Nicolaou, John)
August 14, 2018 Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to MetLife, Inc., a Delaware Corporation, re: #1 Complaint. Document filed by David DeCapua. (Selbin, Jonathan) Modified on 8/15/2018 (pne).
August 14, 2018 Filing 2 CIVIL COVER SHEET filed. (Selbin, Jonathan)
August 14, 2018 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number 0208-15448362)Document filed by David DeCapua.(Selbin, Jonathan) Modified on 8/15/2018 (pne).

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Defendant: MetLife, Inc. a Delaware Corporation
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Defendant: MetLife, Inc.
Represented By: Debra Bogo-Ernst
Represented By: Archis Ashok Parasharami
Represented By: Sandra Denise Hauser
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Plaintiff: David DeCapua
Represented By: John Theodore Nicolaou
Represented By: Jonathan D. Selbin
Represented By: Daniel M. Hutchinson
Represented By: Michael Joseph Boyle, Jr.
Represented By: Matthew Ryan Wilson
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