Soltanik et al v. United Technologies Corporation
| Enrique Soltanik, Silvia Soltanik, Maria Eugenia Robayna, Alejandro Duhau and Valeria Soltanik |
| United Technologies Corporation |
| 1:2019cv05437 |
| June 11, 2019 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Airplane Product Liability |
| 28 U.S.C. § 1332 ap |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 6, 2020. A more recent docket listing may be available from PACER.
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Filing 20
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Settlement discussions have taken place and are ongoing. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 5 days. By 10/7/2019, the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2. Amended Pleadings due by 10/1/2019. Joinder of Parties due by 10/1/2019. Deposition due by 12/6/2019. Fact Discovery due by 12/6/2019. Expert Discovery due by 1/20/2020. Pre-Motion Conference set for 2/6/2020 at 10:30 AM before Judge Lorna G. Schofield. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. (And as further set forth in this Order.) SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/8/2019) (jca)
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Filing 19
ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. To the extent possible, the Mediation Program is directed to appoint a mediator with expertise in aviation law. ALL ISSUES ARE ELIGIBLE. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 8/19/2019. Mediator Expertise Request due by 8/13/2019. (Signed by Judge Lorna G. Schofield on 8/08/2019) (ama) Transmission to Mediation Clerk for processing.
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Filing 18
ORDER: ORDERED that, by August 22, 2019, Plaintiff shall file an amended complaint. It is further ORDERED that, by September 5, 2019, the parties shall file pre-motion letters regarding whether the Court has specific personal jurisdiction over Defendant. The parties may briefly, though need not, address whether the Court has general jurisdiction over Defendant. The letter shall not exceed three (3) pages and shall otherwise comply with the Court's Individual Rules. One of the letters shall include a proposed briefing schedule that both parties accept. If both parties wish for the Court to rule on the pre-motion letters in lieu of further briefing, both letters must expressly state this request. It is further ORDERED that a case management plan will issue separately. It is further ORDERED that this matter shall be referred to the mediation program. A referral order will issue separately. (Signed by Judge Lorna G. Schofield on 8/08/2019) (ama)
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| Set/Reset Deadlines: Amended Pleadings due by 8/22/2019. (ama) |
| Filing 17 PROPOSED CASE MANAGEMENT PLAN. Document filed by Alejandro Duhau, Maria Eugenia Robayna, Enrique Soltanik, Silvia Soltanik, Valeria Soltanik. (Nolan, Donald) |
| Filing 16 LETTER addressed to Judge Lorna G. Schofield from Ralph V. Pagano dated August 01, 2019 re: grounds for UTC's Motion to Dismiss for Lack of Personal Jurisdiction pursuant to Fed. R. Civ. P. 12(b)(2). Document filed by United Technologies Corporation.(Pagano, Ralph) |
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Filing 15
ORDER granting #13 Letter Motion for Extension of Time to Answer re #2 Complaint. APPLICATION GRANTED. The time to answer or otherwise respond to the Complaint is extended to August 1, 2019. The parties are reminded to file materials for the initial conference by August 1, 2019, if necessary. SO ORDERED. United Technologies Corporation answer due 8/1/2019. (Signed by Judge Lorna G. Schofield on 7/9/2019) (kv)
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| Filing 14 NOTICE OF APPEARANCE by Tara Elizabeth Nicola on behalf of United Technologies Corporation. (Nicola, Tara) |
| Filing 13 LETTER MOTION for Extension of Time to File Answer re: #2 Complaint from July 9, 2019 to August 1, 2019 addressed to Judge Lorna G. Schofield from Ralph V. Pagano dated 7/3/19. Document filed by United Technologies Corporation.(Pagano, Ralph) |
| Filing 12 NOTICE OF APPEARANCE by Ralph Vincent Pagano on behalf of United Technologies Corporation. (Pagano, Ralph) |
| Filing 11 AFFIDAVIT OF SERVICE. Service was accepted by Sattie Jairam, Intake Specialist. Document filed by Alejandro Duhau, Enrique Soltanik, Silvia Soltanik, Valeria Soltanik, Maria Eugenia Robayna. (Nolan, Donald) |
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Filing 10
ORDER : It is hereby ORDERED that the initial conference will be set for August 8, 2019, at 10:30 A.M. in Courtroom 1106 of the United State District Court for the Southern District of New York. The parties are reminded to follow the rules stated in the Order dated June 25, 2019, and to follow the Individual Rules for this Court. (Signed by Judge Lorna G. Schofield on 6/26/2019) ( Initial Conference set for 8/8/2019 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield.)(ks)
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Filing 9
ORDER: IT is hereby ORDERED that the conference in this matter previously scheduled for August 6, 2019 at 10:30 a.m., is adjourned to August 8, 2019 at 10:30 a.m., due to scheduling conflict. Any parties not located within the metropolitan area who wish to participate telephonically may do so by advising the Court, convening all parties on the line and calling chambers at (212) 805-0288 from a landline. (Signed by Judge Lorna G. Schofield on 6/26/2019) ( Initial Conference set for 8/8/2019 at 10:30 AM before Judge Lorna G. Schofield.) (ks)
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Filing 8
ORDER: Initial Conference set for 8/6/2019 at 10:30 AM in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 6/25/2019) (mro)
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| Filing 7 AFFIDAVIT OF SERVICE. United Technologies Corporation served on 6/18/2019, answer due 7/9/2019. Service was accepted by Sattie Jairam, Intake Specialist. Document filed by Alejandro Duhau; Enrique Soltanik; Silvia Soltanik; Valeria Soltanik; Maria Eugenia Robayna. (Nolan, Donald) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to United Technologies Corporation. (dnh) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to United Technologies Corporation d/b/a Pratt & Whitney c/o Agent CT Corporation System, re: #2 Complaint. Document filed by Alejandro Duhau, Maria Eugenia Robayna, Enrique Soltanik, Silvia Soltanik, Valeria Soltanik. (Nolan, Donald) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Donald J. Nolan to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the caption on the PDF must exactly match the caption on the pleading. 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. (dnh) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United Technologies Corporation d/b/a Pratt & Whitney c/o Agent CT Corporation System, re: #1 Complaint,. Document filed by Alejandro Duhau, Maria Eugenia Robayna, Enrique Soltanik, Silvia Soltanik, Valeria Soltanik. (Nolan, Donald) Modified on 6/13/2019 (dnh). |
| Filing 3 CIVIL COVER SHEET filed. (Nolan, Donald) |
| Filing 2 COMPLAINT against United Technologies Corporation. Document filed by Alejandro Duhau, Enrique Soltanik, Silvia Soltanik, Valeria Soltanik, Maria Eugenia Robayna.(Nolan, Donald) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Donald J. Nolan. The following case opening statistical information was erroneously selected/entered: Dollar Demand $75001000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $75000; the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Donald J. Nolan to RE-FILE Civil Cover Sheet. The filing is deficient for the following reason(s): Office code - no selection; the PDF was not signed or dated by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Donald J. Nolan to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): all of the filers were not 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Donald J. Nolan. The party information for the following party/parties has been modified: United Technologies Corporation. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Donald J. Nolan. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Donald J. Nolan to RE-FILE Request for Issuance of Summons. The filing is deficient for the following reason(s): summons request must be filed separately; the form used for the summons is not the official A.O. Summons form dated June 2012; the attorney information was omitted;. 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. (jgo) |
| Magistrate Judge Kevin Nathaniel Fox 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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. (jgo) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against United Technologies Corporation. (Filing Fee $ 400.00, Receipt Number ANYSDC-17058380)Document filed by Valeria Soltanik. (Attachments: #1 Exhibit Appearance, #2 Civil Cover Sheet, #3 Exhibit Summons)(Nolan, Donald) Modified on 6/12/2019 (jgo). |
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