Ajasin v. Ortiz et al
| Janett Ajasin and Janette E. Ajasin |
| Antonio Ortiz, Coach Leasing, Inc., Community Coach, Inc. and Community Coach |
| 1:2019cv06814 |
| July 22, 2019 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| James L Cott |
| Jennifer L Rochon |
| Motor Vehicle |
| 28 U.S.C. § 1441 au Petition for Removal- Auto Negligence |
| Defendant |
Docket Report
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This docket was last retrieved on September 26, 2022. A more recent docket listing may be available from PACER.
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Filing 130
ORDER OF DISMISSAL The Court having been advised at ECF No. 128 that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are cancelled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/26/2022) (jca)
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Filing 129
ORDER: After a five-day trial, the jury was unable to reach a verdict. The Clerk of Court is respectfully directed to upload to ECF the Court Exhibits from trial, each of which is attached to this Order: Court Exhibit 1: Voir Dire Questionnaire; Court Exhibit 2: Jury Draft Charge; Court Exhibit 3: Jury Charge; Court Exhibit 4: Jury Note; Court Exhibit 5: Jury Note; Court Exhibit 6: Jury Note; Court Exhibit 7: Jury Note; Court Exhibit 8: Jury Note; Court Exhibit 9: Jury Note/Redacted Roth testimony; Court Exhibit 10: Jury Note; Court Exhibit 11: Jury Note. (Signed by Judge Ronnie Abrams on 9/26/2022) (Attachments: #1 Exhibit 1: Voir Dire Questionnaire, #2 Exhibit 2: Jury Draft Charge, #3 Exhibit 3: Jury Charge, #4 Exhibit 4-11: Jury Notes, #5 Exhibit Roth Redacted Testimony) (ate)
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| Filing 128 LETTER addressed to Judge Jennifer L. Rochon from John Hsu dated September 23, 2022 re: Settlement. Document filed by Community Coach, Antonio Ortiz..(Marshall, Christina) |
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Filing 127
ORDER It is hereby ORDERED that counsel for all remaining parties shall appear for a Final Pretrial Conference on September 28, 2022 at 10:00 AM in Courtroom 20B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. The Final Pretrial Conference must be attended by the attorney who will serve as principal trial counsel. The parties are excused from the Court's requirement of filing a Joint Pretrial Order as the Court will rely on the parties' previously filed Joint Pretrial Order at ECF No. 84. (See Rochon Individual Rules at 5(A).) The parties are also excused from filing proposed jury instructions, verdict form, and voir dire questions as the prior final instructions, form and questions from the prior trial will be used. (See id. at 5(B).) This can be further discussed at the Final Pretrial Conference. The parties shall comply with the Court's requirement of submitting to the Court all documentary exhibits and demonstratives as described in Section 5(B)(iv) of this Court's Individual Rules. The prior rulings of the Honorable Ronnie Abrams related to Motions in Limine and other evidentiary rulings shall continue to apply to the retrial. (ECF No. 102.) It is FURTHER ORDERED that the trial will begin on October 11, 2022 at 9:00 AM. The trial date should be treated as a firm date. Counsel should immediately confirm the trial date with all witnesses. Further trial practices and protocols will be discussed at the Final Pretrial Conference. SO ORDERED. (Final Pretrial Conference set for 9/28/2022 at 10:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon., Jury Trial set for 10/11/2022 at 09:00 AM before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 9/21/2022) (jca)
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| Filing 126 JOINT LETTER addressed to Judge Jennifer L. Rochon from Christina Marshall and Shira Moyal dated September 19, 2022 re: Request to Set Deadlines for Documents to be Filed along with the Joint Pre-Trial Order. Document filed by Community Coach, Antonio Ortiz..(Marshall, Christina) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Christina Marshall to RE-FILE Document #125 JOINT LETTER MOTION for Conference to set deadlines for documents to be filed along with the joint pre-trial order addressed to Judge Jennifer L. Rochon from Christina Marshall and Shira Moyal dated September 19, 2022.. Use the event type Other Filings - Other Documents found under the event list LETTER. (kj) |
| Filing 125 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT LETTER MOTION for Conference to set deadlines for documents to be filed along with the joint pre-trial order addressed to Judge Jennifer L. Rochon from Christina Marshall and Shira Moyal dated September 19, 2022. Document filed by Community Coach, Antonio Ortiz..(Marshall, Christina) Modified on 9/20/2022 (kj). |
| NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Ronnie Abrams is no longer assigned to the case. (vba) |
| Filing 124 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 8/2/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) |
| Filing 123 TRANSCRIPT of Proceedings re: TRIAL held on 8/2/2022 before Judge Ronnie Abrams. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/24/2022. Redacted Transcript Deadline set for 9/6/2022. Release of Transcript Restriction set for 11/1/2022..(Moya, Goretti) |
| Filing 122 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 8/1/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) |
| Filing 121 TRANSCRIPT of Proceedings re: TRIAL held on 8/1/2022 before Judge Ronnie Abrams. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/24/2022. Redacted Transcript Deadline set for 9/6/2022. Release of Transcript Restriction set for 11/1/2022..(Moya, Goretti) |
| Filing 120 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 7/28/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) |
| Filing 119 TRANSCRIPT of Proceedings re: TRIAL held on 7/28/2022 before Judge Ronnie Abrams. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/24/2022. Redacted Transcript Deadline set for 9/6/2022. Release of Transcript Restriction set for 11/1/2022..(Moya, Goretti) |
| Filing 118 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 7/27/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) |
| Filing 117 TRANSCRIPT of Proceedings re: TRIAL held on 7/27/2022 before Judge Ronnie Abrams. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/24/2022. Redacted Transcript Deadline set for 9/6/2022. Release of Transcript Restriction set for 11/1/2022..(Moya, Goretti) |
| Filing 116 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 7/26/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) |
| Filing 115 TRANSCRIPT of Proceedings re: TRIAL held on 7/26/2022 before Judge Ronnie Abrams. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/24/2022. Redacted Transcript Deadline set for 9/6/2022. Release of Transcript Restriction set for 11/1/2022..(Moya, Goretti) |
| Filing 114 THIRD LETTER addressed to Judge Ronnie Abrams from John Hsu dated August 3, 2022 re: retrial. Document filed by Coach Leasing, Inc., Community Coach, Antonio Ortiz..(Hsu, John) |
| Filing 113 FOURTH LETTER addressed to Judge Ronnie Abrams from Shira Goldman Moyal dated 8/3/2022 re: Retrial / Treating Physician Availability. Document filed by Janette E. Ajasin..(Moyal, Shira) |
| Filing 112 MEMO ENDORSEMENT on re: #110 Letter filed by Coach Leasing, Inc., Community Coach, Antonio Ortiz. ENDORSEMENT: Application denied. If Dr. Dassa is willing to testify remotely during the week of August 8, 2022, the Court is amenable to that. Plaintiff shall advise the Court as to whether Dr. Dassa is available to do so by no later than the end of the day today. If, however, Dr. Dassa is unable to testify remotely, the trial will be held at a different time. Defendants shall promptly notify the court whether they are available to try this case beginning on August 29, 2022. (Signed by Judge Ronnie Abrams on 8/3/2022) (ate) |
| Filing 111 THIRD LETTER addressed to Judge Ronnie Abrams from Shira Goldman Moyal dated 8/3/2022 re: Retrial / Treating Physician Availability. Document filed by Janette E. Ajasin..(Moyal, Shira) |
| Filing 110 SECOND LETTER addressed to Judge Ronnie Abrams from John Hsu dated August 3, 2022 re: Retrial. Document filed by Coach Leasing, Inc., Community Coach, Antonio Ortiz..(Hsu, John) |
| Filing 109 SECOND LETTER addressed to Judge Ronnie Abrams from Shira Goldman Moyal dated 8/3/2022 re: Retrial / Treating Physician Availability. Document filed by Janette E. Ajasin..(Moyal, Shira) |
| Filing 108 FIRST LETTER addressed to Judge Ronnie Abrams from John Hsu dated August 3, 2022 re: retrial. Document filed by Coach Leasing, Inc., Community Coach, Antonio Ortiz..(Marshall, Christina) |
| Filing 107 FIRST LETTER addressed to Judge Ronnie Abrams from Shira Goldman Moyal dated 8/3/2022 re: Treating Physician Availability. Document filed by Janette E. Ajasin..(Moyal, Shira) |
| Minute Entry for proceedings held before Judge Ronnie Abrams: Jury Trial completed on 8/2/2022. (Court Reporter Lisa Franko) (arc) |
| Minute Entry for proceedings held before Judge Ronnie Abrams: Jury Trial held on 8/1/2022. (Court Reporter Khris Sellin/Lisa Franko) (arc) |
| Filing 106 LETTER addressed to Judge Ronnie Abrams from John Hsu dated July 29, 2022 re: Reply to Plaintiff's Response to Court Order - Docket No. 104. Document filed by Community Coach, Antonio Ortiz..(Hsu, John) |
| Filing 105 FIRST LETTER addressed to Judge Ronnie Abrams from Shira Goldman Moyal dated 7/29/2022 re: Response to Court Order - Docket No. 103. Document filed by Janette E. Ajasin..(Moyal, Shira) |
| Filing 104 LETTER addressed to Judge Ronnie Abrams from John Hsu dated July 29, 2022 re: Response Court Order - Docket No. 103. Document filed by Community Coach, Antonio Ortiz..(Hsu, John) |
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Filing 103
ORDER: The Court has received the parties' objections to the verdict sheet. By the end of the day today, the parties shall file letters in response to the following two questions: (1) Under the New York No-Fault Law, can a jury award a plaintiff damages for past and future medical expenses and/or nominal damages if it finds that the plaintiff did not sustain a serious injury? If so, Defendants shall further explain their position with respect to the directions following Question 6. (2) If the jury were to find that the plaintiff sustained a serious injury, must it award a minimum of nominal damages? The Court understands that there are no objections to the draft charge. If that is not the case, the parties shall notify the Court of their objections in their letters described above. (Signed by Judge Ronnie Abrams on 7/29/2022) (ate)
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| Minute Entry for proceedings held before Judge Ronnie Abrams: Jury Trial held on 7/28/2022. (Court Reporter Lisa Franko/Sonya Moore/Khris Sellin) (arc) |
| Minute Entry for proceedings held before Judge Ronnie Abrams: Jury Trial held on 7/27/2022. (Court Reporter Lisa Franko/Sonya Moore) (arc) |
| Minute Entry for proceedings held before Judge Ronnie Abrams: Jury Trial begun on 7/26/2022. (Court Reporter Lisa Franko/Khris Sellin) (arc) |
| Minute Entry for proceedings held before Judge Ronnie Abrams: Final Pretrial Conference held on 7/25/2022. (Court Reporter Kelly Surina) (arc) |
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Filing 102
ORDER granting #89 Motion in Limine. For the reasons stated at today's conference and will be articulated further, IT IS HEREBY ORDERED that: Defendants' motion in limine is granted. Plaintiff's motion in limine is granted in part and denied in part. The Court grants Plaintiff's motion with respect to testimony regarding the following subjects: (1) Ms. Ajasin's 2001 participation in a class action lawsuit related to potential asbestos exposure; (2) her prior ticket for using a cell phone while driving; (3) the suspension of her license due to an outdated registration; and (4) her participation in an accident-prevention course. The remainder of the applications in Plaintiff's motion in limine, including those regarding the evidence of her prior injuries, are hereby denied. Plaintiff's objections to Defendants' proposed Exhibits H through S, W, and X are overruled. Her objections to Defendants' Exhibits T and U, however, are sustained. The Court is reserving its ruling as to Exhibit V.. (Signed by Judge Ronnie Abrams on 7/22/2022) (ate)
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| Minute Entry for proceedings held before Judge Ronnie Abrams: Final Pretrial Conference held on 7/22/2022. (Court Reporter George Malinowski) (arc) |
| Filing 101 MEMORANDUM OF LAW in Opposition re: #93 FIRST LETTER MOTION for Extension of Time addressed to Judge Ronnie Abrams from Shira Goldman Moyal dated 7/15/2022. . Document filed by Community Coach, Antonio Ortiz..(Hsu, John) |
| Filing 100 DECLARATION of John Hsu in Opposition re: #93 FIRST LETTER MOTION for Extension of Time addressed to Judge Ronnie Abrams from Shira Goldman Moyal dated 7/15/2022.. Document filed by Community Coach, Antonio Ortiz. (Attachments: #1 Exhibit E - Plaintiff's Verified Bill of Particulars, #2 Exhibit F - Defendant Ortiz's Deposition Transcript, #3 Exhibit G - Records related to plaintiff's prior 2007 and 2011 accidents, #4 Exhibit H - Records related to plaintiff's 2017 prior accident, #5 Exhibit I - Letter from Hallock & Malerba, P.C.).(Hsu, John) |
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Filing 99
ORDER: granting #98 Letter Motion for Extension of Time. Application granted.Defendants shall have until 12:00 p.m. tomorrow, July 21, 2022 to file their opposition to Plaintiff's motion in limine. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/20/2022) (ama)
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| Filing 98 LETTER MOTION for Extension of Time to Respond to Plaintiff's Motion in Limine addressed to Judge Ronnie Abrams from John Hsu dated July 20, 2022. Document filed by Community Coach, Antonio Ortiz..(Marshall, Christina) |
| Set/Reset Deadlines: Responses due by 7/21/2022 (ama) |
| Filing 97 MEMO ENDORSEMENT on re: #96 Response in Opposition to Motion, filed by Community Coach, Antonio Ortiz. ENDORSEMENT: The Court has already given Defendants until July 20, 2022 at 5:00 p.m. to respond to Plaintiff's motion in limine. If they are unable to do so by that time, they shall so notify the Court. (Signed by Judge Ronnie Abrams on 7/19/2022) (ate) |
| Filing 96 LETTER RESPONSE in Opposition to Motion addressed to Judge Ronnie Abrams from John Hsu dated July 18, 2022 re: #93 FIRST LETTER MOTION for Extension of Time addressed to Judge Ronnie Abrams from Shira Goldman Moyal dated 7/15/2022. . Document filed by Community Coach, Antonio Ortiz. (Attachments: #1 Exhibit A).(Hsu, John) |
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Filing 95
ORDER granting #93 Letter Motion for Extension of Time. Application granted. The Court will entertain the instant motion. Defendants shall have until Wednesday, July 20, 2022 at 5:00 p.m. to respond. The final pretrial conference scheduled for tomorrow, July 19, 2022 is hereby adjourned to Friday, July 22, 2022 at 10:00 a.m. The conference will be held remotely via Microsoft Teams. Members of the public may access the conference via the following call-in number: (646) 453-4442; Access Code: 743 605 402. The Court will provide the parties with the Microsoft Teams link in advance of the conference. (Signed by Judge Ronnie Abrams on 7/18/2022) (ate)
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| Set/Reset Deadlines: ( Responses due by 7/20/2022), Set/Reset Hearings:( Final Pretrial Conference set for 7/22/2022 at 10:00 AM before Judge Ronnie Abrams.) (ate) |
| Filing 94 JOINT LETTER addressed to Judge Ronnie Abrams from Christina Marshall and Shira Moyal dated July 15, 2022 re: Preference for Virtual Pre-Trial Conference. Document filed by Community Coach, Antonio Ortiz..(Marshall, Christina) |
| Filing 93 FIRST LETTER MOTION for Extension of Time addressed to Judge Ronnie Abrams from Shira Goldman Moyal dated 7/15/2022. Document filed by Janette E. Ajasin. (Attachments: #1 Affidavit Declaration in Support, #2 Affidavit Memorandum of Law in Support, #3 Exhibit Plaintiff's Deposition Transcript (First Session), #4 Exhibit Plaintiff's Deposition Transcript (Second Session), #5 Exhibit Defendants' Rule 26(a)(2) Expert Witness Disclosure).(Moyal, Shira) |
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Filing 92
ORDER: Due to a scheduling conflict, the final pretrial conference is hereby adjourned to July 19, 2022 at 4:30 p.m. By no later than July 15, 2022, the parties shall submit a joint letter advising the Court as to whether they prefer to hold the conference in person or remotely via videoconference. Trial in this matter shall begin on Tuesday, July 26, 2022. ( Final Pretrial Conference set for 7/19/2022 at 04:30 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 7/11/2022) (ate)
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| Filing 91 DECLARATION of John Hsu in Support re: #89 MOTION in Limine .. Document filed by Coach Leasing, Inc., Community Coach, Antonio Ortiz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Hsu, John) |
| Filing 90 MEMORANDUM OF LAW in Support re: #89 MOTION in Limine . . Document filed by Coach Leasing, Inc., Community Coach, Antonio Ortiz..(Hsu, John) |
| Filing 89 MOTION in Limine . Document filed by Coach Leasing, Inc., Community Coach, Antonio Ortiz. Return Date set for 7/18/2022 at 09:30 AM..(Hsu, John) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Christina Annelle Marshall to RE-FILE Document #87 FIRST MOTION in Limine to Strike the Testimony of Defendant Ortiz Regarding a Prior Motor Vehicle Accident and Litigation. ERROR(S): Supporting documents are filed separately, each receiving their own document #. (db) |
| Filing 88 NOTICE OF APPEARANCE by Shira Moyal on behalf of Janette E. Ajasin..(Moyal, Shira) |
| Filing 87 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION in Limine to Strike the Testimony of Defendant Ortiz Regarding a Prior Motor Vehicle Accident and Litigation. Document filed by Community Coach, Antonio Ortiz. (Attachments: #1 Supplement Declaration in Support, #2 Supplement Memorandum of Law, #3 Exhibit A - Plaintiff's Second Amended Complaint, #4 Exhibit B - Notice of Removal, #5 Exhibit C - Defendants' Answer to Second Amended Complaint, #6 Exhibit D - Defendant Ortiz's Deposition Transcript).(Marshall, Christina) Modified on 6/29/2022 (db). |
| Filing 86 PROPOSED VOIR DIRE QUESTIONS. Document filed by Community Coach, Antonio Ortiz..(Marshall, Christina) |
| Filing 85 PROPOSED JURY INSTRUCTIONS. Document filed by Community Coach, Antonio Ortiz..(Marshall, Christina) |
| Filing 84 JOINT PRELIMINARY TRIAL REPORT. Document filed by Community Coach, Antonio Ortiz..(Marshall, Christina) |
| Filing 83 NOTICE OF APPEARANCE by Stuart Adam Miller on behalf of Community Coach, Antonio Ortiz..(Miller, Stuart) |
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Filing 82
ORDER: The following is hereby ORDERED: The parties shall be prepared to try this case on July 25, 2022. The Court notes, however, that although it will request that trial date, it cannot provide assurance that a reconfigured COVID-safe courtroom will be available at that time. In any event, in accordance with the Courts individual rules, the parties shall submit a joint pretrial order, motions in limine, proposed findings of fact and conclusions of law, and pretrial memoranda of law by June 20, 2022; any oppositions shall be filed by June 27, 2022; and any replies shall be filed by July 11, 2022. A final pretrial conference is scheduled for July 18, 2022 at 4:30 p.m. SO ORDERED. (Motions due by 6/20/2022., Pretrial Order due by 6/20/2022., Responses due by 6/27/2022, Replies due by 7/11/2022., Ready for Trial by 7/25/2022., Final Pretrial Conference set for 7/18/2022 at 04:30 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 2/16/2022) (jca)
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| Filing 81 JOINT LETTER addressed to Judge Ronnie Abrams from Christina Marshall dated February 14, 2022 re: Trial Scheduling. Document filed by Coach Leasing, Inc., Antonio Ortiz..(Marshall, Christina) |
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Filing 80
ORDER denying #69 Motion for Summary Judgment. For the reasons stated on the record at today's conference, Defendants' motion for summary judgment is denied. By the end of the day on February 14, 2022, the parties shall file a letter proposing potential dates for trial and estimating its length. The Clerk of Court is respectfully directed to terminate the motion pending at Docket 69. SO ORDERED.. (Signed by Judge Ronnie Abrams on 2/11/2022) (kv)
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| Minute Entry for proceedings held before Judge Ronnie Abrams: Oral Argument held on 2/11/2022 re: #69 MOTION for Summary Judgment . filed by Community Coach, Antonio Ortiz. (Court Reporter Martha Martin) (arc) |
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Filing 79
ORDER: Oral argument in this case is scheduled for February 11, 2022 at 12:30 p.m. The dial-in information for public access to the virtual proceeding has been updated. Members of the public may access the proceeding by using the following dial-in information: Call-in Number: 917-933-2166; Access Code: 101 514 776. The Court will email the parties the Microsoft Teams link to appear via video in advance of the argument. SO ORDERED. (Telephone Conference set for 2/11/2022 at 12:30 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 2/7/2022) (jca)
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Filing 78
ORDER: Due to a scheduling conflict, oral argument in this case is hereby rescheduled for February 11, 2022 at 12:30 p.m. The argument will be conducted virtually via Microsoft Teams videoconference. Members of the public may access the proceeding by using the following dial-in information: Call-in Number: 917-933-2166; Access Code: 237 848 346. The Court will email the parties the Microsoft Teams link to appear via video in advance of the argument. ( Oral Argument set for 2/11/2022 at 12:30 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 2/1/2022) (ate)
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Filing 77
ORDER re: #76 Order on Motion for Oral Argument. Oral argument is scheduled in this case for February 10, 2022 at 11:00 a.m. See Dkt. 76. The argument will be conducted virtually via Microsoft Teams videoconference. Members of the public may access the proceeding by using the following dial-in information: Call-in Number: 917-933-2166; Access Code: 237 848 346. The Court will email the parties the Microsoft Teams link to appear via video in advance of the argument. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/31/2022) (kv)
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Filing 76
ORDER granting #75 Letter Motion for Oral Argument. Pending before the Court is Defendants' motion for summary judgment. In a letter motion dated September 15, 2021, Defendants requested oral argument. Oral argument will be held via videoconference on Microsoft Teams on February 10, 2022 at 11:00 a.m. If the proposed time is inconvenient for the parties, the parties are directed to meet and confer before suggesting alternative time slots to the Court. The Court will email the parties the Microsoft Teams link and will post the dial-in information to the docket for members of the public in advance of the argument. The Court of Clerk is respectfully directed to terminate the letter motion pending at Docket 75. (Signed by Judge Ronnie Abrams on 1/5/2022) (ate)
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| Set/Reset Hearings: Oral Argument set for 2/10/2022 at 11:00 AM before Judge Ronnie Abrams. (ate) |
| Filing 75 LETTER MOTION for Oral Argument of Defendants' Summary Judgment Motion addressed to Judge Ronnie Abrams from Christina Marshall dated September 15, 2021. Document filed by Community Coach, Antonio Ortiz..(Marshall, Christina) |
| Filing 74 REPLY MEMORANDUM OF LAW in Support re: #69 MOTION for Summary Judgment . . Document filed by Coach Leasing, Inc., Community Coach, Antonio Ortiz..(Marshall, Christina) |
| Filing 73 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #69 MOTION for Summary Judgment . . Document filed by Janette E. Ajasin, Community Coach, Antonio Ortiz. (Attachments: #1 Appendix Statement of Material Facts, #2 Exhibit Ex. 1, #3 Exhibit Ex. 2, #4 Exhibit Ex. 3, #5 Exhibit Ex. 4)Motion or Order to File Under Seal: .(Gerschman, Nicholas) |
| Filing 72 MEMORANDUM OF LAW in Opposition re: #69 MOTION for Summary Judgment . . Document filed by Janette E. Ajasin. (Attachments: #1 Appendix Statement of Material Facts, #2 Exhibit Ex. 1, #3 Exhibit Ex. 2, #4 Exhibit Ex. 3, #5 Exhibit Ex. 4).(Gerschman, Nicholas) |
| Filing 71 NOTICE OF APPEARANCE by Nicholas Gerschman on behalf of Janette E. Ajasin..(Gerschman, Nicholas) |
| Filing 70 NOTICE OF APPEARANCE by Sheri E. Holland on behalf of Janette E. Ajasin..(Holland, Sheri) |
| Filing 69 MOTION for Summary Judgment . Document filed by Community Coach, Antonio Ortiz. (Attachments: #1 Defendants' Local Rule 56.1 Statement of Undisputed Facts, #2 Memorandum of Law, #3 Exhibit A - Order with Briefing Schedule, #4 Exhibit B - Summons and Complaint, #5 Exhibit C - Verified Answer, #6 Exhibit D - Notice of Removal, #7 Exhibit E - Plaintiff's Response to Defendants' First Set of Interrogatories, #8 Exhibit F - Plaintiff's Deposition Transcript - Day 1, #9 Exhibit G - Plaintiff's Deposition Transcript - Day 2, #10 Exhibit H - Prior Workers' Compensation Board Decision, #11 Exhibit I - Prior Treatment Records - Urban Medical P.C., #12 Exhibit J - Prior Treatment Records - Accelerated Chiropractic, #13 Exhibit K - Prior Treatment Records - Acupuncture, #14 Exhibit L - Dr. Roth's IME Reports, #15 Exhibit M - Dr. Dassa's Deposition Transcript).(Marshall, Christina) |
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Filing 68
ORDER: As discussed at today's conference, Defendants' motion for summary judgment shall be due July 20, 2021; Plaintiff's opposition shall be due August 31, 2021; and Defendants' reply shall be due September 15, 2021. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/14/2021) ( Motions due by 7/20/2021., Responses due by 8/31/2021, Replies due by 9/15/2021.) (ks)
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| Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 5/14/2021. (arc) |
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Filing 67
ORDER. Plaintiff is seeking an extension of the time to respond to defendants' requests for admission ("RFAs"). Dkt. No. 62. Defendants oppose the request. Dkt. No. 66, and as further specified and set forth in this Order. While in no way countenancing plaintiff's violation of the requirements of Rule 36, the Court believes that the interests of justice warrant a brief extension here as it would "further the assessment of the merits of the case." Therefore, plaintiff shall have until May 20, 2021 to submit her responses to the RFAs. Failure to do so by that date will result in their being deemed admitted. SO ORDERED. (Responses due by 5/20/2021). (Signed by Magistrate Judge James L. Cott on 5/12/2021) (rjm)
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| Filing 66 LETTER addressed to Magistrate Judge James L. Cott from John Hsu dated May 12, 2021 re: Response to Plaintiff's Letter Motion for Extension of Time to File Response/Reply to Defendants' Requests for Admission. Document filed by Community Coach, Antonio Ortiz. (Attachments: #1 Exhibit A - Plaintiff's email acknowledging receipt, #2 Exhibit B - Plaintiff's email request for extension, #3 Exhibit C - Defendant's email not consenting to the extension).(Hsu, John) |
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Filing 65
ORDER. Defendants are directed to submit their letter regarding the dispute related to the requests for admissions no later than 5 p.m. tomorrow (May 12). (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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Filing 64
ORDER terminating #62 Letter Motion for Extension of Time to File Response/Reply re #62 FIRST LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Request for Admissions addressed to Judge Ronnie Abrams from Jason Steinberg dated May 7, 2021. The parties' dispute regarding Defendants' request for admissions falls within the scope of the referral to Judge Cott. The Court will discuss the status of the case and set a briefing schedule for Defendants' anticipated summary judgment motion at Friday's telephone conference. See Dkt. 61.. (Signed by Judge Ronnie Abrams on 5/10/2021) (rro)
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| Filing 63 LETTER addressed to Judge Ronnie Abrams from Christina Marshall dated May 7, 2021 re: Case Status. Document filed by Community Coach, Antonio Ortiz..(Marshall, Christina) |
| Filing 62 FIRST LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Request for Admissions addressed to Judge Ronnie Abrams from Jason Steinberg dated May 7, 2021. Document filed by Janette E. Ajasin. (Attachments: #1 Exhibit Exhibit A - Def Rule 36 Request For Admissions, #2 Exhibit Exhibit B - E-Law Printout, #3 Exhibit Exhibit C - April 1, 2021 Email Correspondence, #4 Exhibit Exhibit D - April 26, 2021 Email Correspondence, #5 Exhibit Exhibit E - May 5, 2021 Email Correspondences).(Steinberg, Jason) |
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Filing 61
ORDER: A post-discovery conference was previously scheduled for April 23, 2021 at 11:30 a.m. See Dkt. 49. Due to a scheduling conflict, and in light of the fact that Judge Cott has granted the parties' request for an extension of discovery in order to complete Dr. Dassa's deposition, see Dkt. 60, the conference is hereby adjourned to May 14, 2021 at 3:30 p.m. The parties shall submit a joint letter no later than May 7, 2021 updating the Court on the status of this case, including whether either party intends to file a dispositive motion. The conference shall be held by teleconference, using the following call-in information: Call-in Number: (888) 363-4749; Access Code: 1015508. SO ORDERED., Telephone Conference set for 5/14/2021 at 03:30 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 4/19/2021) (rj)
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Filing 60
ORDER. Accordingly, the deposition should proceed as soon as practicable and the Court grants the request to extend discovery for purposes of taking Dr. Dassas deposition. Once the deposition has concluded, the parties should attempt to resolve the issue of a reasonable fee consensually. Failing agreement, an application may then be made to the Court to determine the appropriate fee (with citations to specific authority to justify a particular fee). The Clerk is directed to close Docket No. 54 and mark it as "granted." SO ORDERED. Granting #54 LETTER MOTION for Discovery Regarding Dr. Dassa's Deposition Fee addressed to Magistrate Judge James L. Cott from Christina Marshall dated April 5, 2021. Document filed by Community Coach, Antonio Ortiz. (Signed by Magistrate Judge James L. Cott on 4/16/2021) (rjm)
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| Filing 59 FIRST LETTER addressed to Magistrate Judge James L. Cott from Jason Steinberg dated April 15, 2021 re: Response to Defense Counsel's Letter dated April 5, 2021. Document filed by Janette E. Ajasin..(Steinberg, Jason) |
| Filing 58 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #59) - FIRST LETTER addressed to Magistrate Judge James L. Cott from Jason Steinberg dated April 15, 2021 re: Response to Defense Counsel's Letter dated April 5, 2021. Document filed by Janette E. Ajasin. (Attachments: #1 Exhibit Exhibit A - CV Dr. Dassa, #2 Exhibit Exhibit B - Letter from Accountant).(Steinberg, Jason) Modified on 4/26/2021 (ldi). |
| Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 4/14/2021, Interim Pretrial Conference held on 4/14/2021. (Tam, David) |
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Filing 57
ORDER taking under advisement #54 Motion for Discovery. Plaintiff is directed to respond to this letter-motion no later than April 12. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Filing 56
ORDER granting #55 Letter Motion for Discovery. Application granted. Given counsel's representations, the excess carrier is excused from attending the settlement conference. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 55 LETTER MOTION for Discovery Request to Excuse Excess Carrier Attendance at Settlement Conference addressed to Magistrate Judge James L. Cott from Christina Marshall dated April 7, 2021. Document filed by Community Coach, Antonio Ortiz..(Marshall, Christina) |
| Filing 54 LETTER MOTION for Discovery Regarding Dr. Dassa's Deposition Fee addressed to Magistrate Judge James L. Cott from Christina Marshall dated April 5, 2021. Document filed by Community Coach, Antonio Ortiz. (Attachments: #1 Exhibit Subpoena on Dr. Dassa, #2 Exhibit Dr. Dassa's Invoice, #3 Exhibit Correspondence with Dr. Dassa's Office).(Marshall, Christina) |
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Filing 53
ORDER re: #24 Order Referring Case to Magistrate Judge. By Order of Reference dated December 12, 2019 (Dkt. No. 24), Judge Abrams referred this case to me for general pretrial supervision, including settlement. The parties and the Court conferred, and agreed that the conference will be held before me on April 14, 2021 at 10:00 a.m. by telephone. Counsel should contact chambers using the Courts conference line, (877) 873-8017 (Access Code: 5277586). (Telephone Conference set for 4/14/2021 at 10:00 AM before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 3/4/2021) (kv)
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| Minute Entry for proceedings held before Magistrate Judge James L. Cott: Interim Pretrial Conference held on 3/4/2021. (Tam, David) |
| Filing 52 NOTICE OF APPEARANCE by Christina Annelle Marshall on behalf of Community Coach, Antonio Ortiz..(Marshall, Christina) |
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Filing 51
ORDER. In light of the parties' joint letter, the Court will hold a conference by telephone on March 4 at 11 a.m. The parties should call the Court's dial-in number at 877-873-8017 (access code 5277586). The purpose of the conference is to discuss whether scheduling a settlement conference at this time makes sense in light of the parties' respective positions in this case as reported in the joint letter. (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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| Filing 50 JOINT LETTER addressed to Magistrate Judge James L. Cott from Counsel, jointly dated February 24, 2021 re: Settlement Conference. Document filed by Community Coach, Antonio Ortiz..(Schwartz, Daniel) |
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Filing 49
ORDER, In light of the Revised Case Management Plan and Scheduling order entered by Judge Cott on January 5, 2020, see Dkt. 48, the post-discovery conference scheduled for Friday, January 15, 2021 is hereby adjourned to April 23, 2021 at 11:30 a.m. No later than one week in advance of the conference, the parties are to submit a joint letter updating the Court on the status of the case, including but not limited to whether either party intends to file a dispositive motion and what efforts the parties have made to settle the action. The conference will be held by telephone. The parties shall use the following dial-in information to call in to the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. SO ORDERED. ( Telephone Conference set for 4/23/2021 at 11:30 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 1/6/21) (yv)
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Filing 48
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. 28 U.S.C. 636(c). This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is 4 days. Deposition 4/12/2021. Deposition due by 5/5/2021. Fact Discovery due by 4/12/2021. Expert Discovery due by 5/5/2021. Discovery due by 5/26/2021. (Signed by Magistrate Judge James L. Cott on 1/5/2021) (kv)
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Filing 47
ORDER granting #46 Letter Motion for Extension of Time to Complete Discovery. The request for a further extension of the fact discovery deadline, until April 12, is hereby granted, on consent. There will be no further extensions. The revised expert discovery deadline of May 5,. 2021 will not be further extended, absent good cause. In addition, plaintiff is directed to make a settlement demand no later than January 25. If the parties cannot resolve the case on their own, they are directed to contact the Court by letter no later than February 25 to schedule a settlement conference. The parties should provide at least three dates on which both counsel and their clients are available to participate in the settlement conference, which will take place telephonically (unless the parties wish to provide another platform for the conference). (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 46 SIXTH LETTER MOTION for Extension of Time to Complete Discovery seeking an additional 90 days addressed to Magistrate Judge James L. Cott from Daniel M. Schwartz and Jason Steinberg, jointly dated January 4, 2021. Document filed by Community Coach, Antonio Ortiz. Return Date set for 1/6/2021 at 10:00 AM..(Schwartz, Daniel) |
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Filing 45
ORDER: In light of the Revised Case Management Plan and Scheduling Order entered on September 24, 2020, the post-discovery conference currently scheduled for October 23, 2020 is hereby adjourned to January 15, 2021 at 11:00 a.m. SO ORDERED. (Status Conference set for 1/15/2021 at 11:00 AM before Judge Ronnie Abrams). (Signed by Judge Ronnie Abrams on 9/25/2020) (rjm)
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Filing 44
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. 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. The parties have not engaged in settlement discussions. This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is 4 days. Deposition due by 1/12/2021. Fact Discovery due by 1/21/2021. Discovery due by 2/26/2021. (Signed by Magistrate Judge James L. Cott on 9/24/2020) (nb)
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Filing 43
ORDER granting #42 Letter Motion for Extension of Time to Complete Discovery. Given the circumstances outlined in the parties' letter, the request for a further extension of the discovery schedule is hereby granted. The parties are directed to advise the Court by letter when they wish to participate in a settlement conference, and should do so no later than the close of fact discovery. The Court will separately enter the revised case management plan. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 42 FIFTH LETTER MOTION for Extension of Time to Complete Discovery seeking an additional 90 days addressed to Magistrate Judge James L. Cott from Daniel M. Schwartz and Jason Steinberg, jointly dated September 23, 2020. Document filed by Coach Leasing, Inc., Community Coach, Antonio Ortiz. Return Date set for 9/28/2020 at 10:00 AM. (Attachments: #1 Text of Proposed Order Proposed-Revised Scheduling Order).(Schwartz, Daniel) |
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Filing 41
ORDER: In light of the Revised Case Management Plan and Scheduling Order entered on June 10, 2020, the post-discovery conference currently scheduled for June 19, 2020 is hereby adjourned to October 23, 2020 at 11:30 a.m., Status Conference set for 10/23/2020 at 11:30 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 6/11/2020) (rj)
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Filing 40
REVISED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Pursuant to Rules 16-26(f) of the Federal Rules of Civil Procedure, the Court hereby adopts the following 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. 28 U.S.C. 636(c). The parties have not engaged in settlement discussions. This case is to be tried to a jury. Deposition due by 11/6/2020. Fact Discovery due by 10/12/2020. Expert Discovery due by 11/6/2020. Discovery due by 11/30/2020. The parties have conferred and their present best estimate of the length of trial is 4 days. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge James L. Cott on 6/10/2020) (jca)
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Filing 39
ORDER granting #38 Letter Motion for Extension of Time to Complete Discovery. The application for a further discovery extension is granted, on consent. Absent extraordinary circumstances, there will be no further extensions. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 38 FOURTH LETTER MOTION for Extension of Time to Complete Discovery seeking an additional 120 days addressed to Magistrate Judge James L. Cott from Daniel M. Schwartz and Jason Steinberg, jointly dated June 9, 2020. Document filed by Community Coach, Antonio Ortiz. (Attachments: #1 Text of Proposed Order Proposed-Revised Scheduling Order).(Schwartz, Daniel) |
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Filing 37
ORDER: In light of the Revised Case Management Plan and Scheduling Order entered on March 12, 2020, the post-discovery conference currently scheduled for March 20, 2020 is hereby adjourned to June 19, 2020 at 11:45 a.m., Status Conference set for 6/19/2020 at 11:45 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 3/16/2020) (rj)
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Filing 36
REVISED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Pursuant to Rules 16-26(f) of the Federal Rules of Civil Procedure, the Court hereby adopts the following 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. 28 U.S.C. 636(c). The parties have not engaged in settlement discussions. This case is to be tried to a jury. Requests to Admit shall be served no later than Friday, June 28, 2020. Deposition due by 7/7/2020. Fact Discovery due by 6/12/2020. Expert Discovery due by 7/7/2020. Discovery due by 7/28/2020. The parties have conferred and their present best estimate of the length of trial is 4 days. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge James L. Cott on 3/12/2020) (jca)
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Filing 35
ORDER granting in part and denying in part #32 Letter Motion for Extension of Time to Complete Discovery. As discussed at the telephone conference today, the revised case management plan and scheduling order is approved, on consent, and the deadline for all discovery is now July 28, 2020. The deadline for the service of any requests for admission ("RFA") has been extended to June 28, 2020. As for defendants' request for a certification or affidavit related to plaintiff's social media accounts, that request is denied and defendants are directed to utilize plaintiff's continued deposition and potential RFAs to confirm any facts related to the scope and use of her social media. In addition, as directed at the conference, plaintiff's response to defendants' January 8, 2020 document request is due no later than March 16, 2020. Failure to comply with this order could result in sanctions. Finally, plaintiff agreed to provide the three authorizations defense counsel identified related to the December 10, 2019 document request, but the remaining requests are hereby deemed withdrawn and defendants will determine what additional authorizations, if any, may be needed following the service of additional RFAs and the completion of plaintiff's deposition. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 3/12/2020. (Tam, David) |
| Filing 34 LETTER RESPONSE to Motion addressed to Magistrate Judge James L. Cott from Jason Steinberg dated March 11, 2020 re: #32 FIRST LETTER MOTION for Conference seeking leave to file motion to compel addressed to Magistrate Judge James L. Cott from Daniel M. Schwartz dated March 9, 2020.SECOND LETTER MOTION for Extension of Time to Complete Discovery on consent, addressed to Magistrate Judge James L. Cott from Daniel M. Schwartz dated March 9, 2020. . Document filed by Janette E. Ajasin..(Steinberg, Jason) |
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Filing 33
ORDER granting #32 Letter Motion for Conference; taking under advisement #32 Letter Motion for Extension of Time to Complete Discovery. The Court will hold a telephone conference on March 12 at 11 a.m. Counsel should call chambers at (212) 805-0250 with both sides on the line (or alternatively provide a call-in number by emailing it to CottNYSDChambers@nysd.uscourts.gov). Plaintiff is directed to respond to defendants' letter-motion no later than 5 p.m. on March 11. In addition to considering the outstanding discovery issues, the Court will discuss the proposed revised discovery schedule during the March 12 telephone conference. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 32 FIRST LETTER MOTION for Conference seeking leave to file motion to compel addressed to Magistrate Judge James L. Cott from Daniel M. Schwartz dated March 9, 2020., SECOND LETTER MOTION for Extension of Time to Complete Discovery on consent, addressed to Magistrate Judge James L. Cott from Daniel M. Schwartz dated March 9, 2020.( Return Date set for 3/12/2020 at 10:00 AM.) Document filed by Community Coach, Antonio Ortiz. (Attachments: #1 Exhibit Email from Plaintiff's Counsel, #2 Exhibit Revised Proposed Scheduling Order).(Schwartz, Daniel) |
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Filing 31
ORDER: In light of the extension of time to complete fact discovery, the post- discovery conference scheduled for January 24, 2020 is hereby adjourned to March 20, 2020 at 10:45 a.m., Status Conference set for 3/20/2020 at 10:45 AM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 1/13/2020) (rj)
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Filing 30
REVISED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Pursuant to Rules 16-26(f) of the Federal Rules of Civil Procedure, the Court hereby adopts the following 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. 28 U.S.C. 636(c). The parties have not engaged in settlement discussions. This case is to be tried to a jury. Depositions shall be completed by Friday, March 13, 2020. All expert discovery, including disclosures, reports, production of underlying documents, and depositions shall be completed by Tuesday April 7, 2020. Deposition due by 4/7/2020. Fact Discovery due by 3/13/2020. Expert Discovery due by 4/7/2020. Discovery due by 4/28/2020. The parties have conferred and their present best estimate of the length of trial is 4 days. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge James L. Cott on 1/13/2020) (jca)
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Filing 29
ORDER granting #28 Letter Motion for Extension of Time to Complete Discovery. Application granted. The revised schedule is approved. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 28 FIRST LETTER MOTION for Extension of Time to Complete Discovery from Plaintiff and Defendants addressed to Judge Ronnie Abrams from Daniel M. Schwartz dated January 10, 2020. Document filed by Community Coach, Antonio Ortiz.(Schwartz, Daniel) |
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Filing 27
ORDER granting #23 Letter Motion for Extension of Time. Whereas the Court has received no opposition to the request, and the deadline to submit any opposition has now expired, the application to depose plaintiff for longer than 7 hours -- and specifically for an additional 3 hours -- is hereby granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Filing 26
ORDER taking under advisement #23 Motion for Extension of Time. Plaintiff is directed to respond to this letter-motion no later than December 16, 2019. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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Filing 25
ORDER with respect to #23 Letter Motion for Extension of Time. By separate order, this matter will be referred to Magistrate Judge Cott for general pre-trial purposes. Judge Cott will resolve the issues raised in this letter at his convenience. (Signed by Judge Ronnie Abrams on 12/12/2019) (rro)
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Filing 24
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. Motions referred to James L. Cott. (Signed by Judge Ronnie Abrams on 12/12/2019) (rro)
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| Filing 23 FIRST LETTER MOTION for Extension of Time seeking an additional 3 hours to depose Plaintiff addressed to Judge Ronnie Abrams from Daniel M. Schwartz dated December 11, 2019. Document filed by Community Coach, Antonio Ortiz.(Schwartz, Daniel) |
| Filing 22 ANSWER to #19 Amended Complaint with JURY DEMAND. Document filed by Community Coach, Antonio Ortiz.(Schwartz, Daniel) |
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Filing 21
MEMO ENDORSEMENT on #20 terminating #12 Letter Motion to Compel; terminating #12 Letter Motion for Discovery. ENDORSEMENT: The parties shall provide the Court with an update on the status of Defendants' request for social media records by October 25, 2019. If the parties have not reached an agreement on this issue by October 25, 2019, then Defendant shall re-file its motion to compel, no later than November 1, 2019. Defendant shall re-file its Amended Answer to Plaintiff's Amended Complaint (Dkt. 19) no later than November 1, 2019. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/24/2019) (ne)
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| Set/Reset Deadlines: Community Coach answer due 11/1/2019; Antonio Ortiz answer due 11/1/2019. Motions due by 11/1/2019. (ne) |
| Filing 20 FIRST LETTER addressed to Judge Ronnie Abrams from Jason Steinberg dated October 23, 2019 re: Response to Opposing Counsel's Letters. Document filed by Janette E. Ajasin.(Steinberg, Jason) |
| Filing 19 FIRST AMENDED COMPLAINT against Community Coach, Antonio Ortiz.Document filed by Janette E. Ajasin. (Attachments: #1 Exhibit Opposing Party Written Consent)(Steinberg, Jason) |
| Filing 18 SECOND LETTER addressed to Judge Ronnie Abrams from Daniel M. Schwartz dated October 23, 2019 re: Plaintiff's Amended Complaint being deficient and deleted from the docket. Document filed by Community Coach, Antonio Ortiz.(Schwartz, Daniel) |
| Filing 17 FIRST LETTER addressed to Judge Ronnie Abrams from Daniel M. Schwartz dated October 23, 2019 re: Social Media Production (re: ECF Doc. No. 14). Document filed by Community Coach, Antonio Ortiz.(Schwartz, Daniel) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jason Scott Steinberg to RE-FILE re: Document No. 15 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the first page of the PDF is a Summons Request; the first page of the PDF must be the pleading; the pleading is titled for the Eastern District of New York; the wrong party/parties whom the pleading is against were selected; the pleading was filed incorrectly on the due date set by the Court, therefore Court's leave, or consent from the opposing party/parties will be required before re-filing the Amended Complaint. Re-file the pleading using the event type Amended 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. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pne) |
| ***DELETED DOCUMENT. Deleted document number 15 AMENDED COMPLAINT TITLED FOR EASTERN DISTRICT OF NEW YORK. The document was incorrectly filed in this case. (pne) |
| Filing 16 AMENDED ANSWER to with JURY DEMAND. Document filed by Community Coach, Antonio Ortiz. (Schwartz, Daniel) |
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Filing 14
MEMO ENDORSEMENT on re: #13 Letter re: Response to Motion & Request for Extension. filed by Janette E. Ajasin., ENDORSEMENT: Plaintiff shall file an amended complaint no later than October 18, 2019. The parties are Ordered to meet and confer on Defendants' request for social media records. If they have not reached agreement on this issue by October 18, 2019, then Defendant shall re-file its motion to compel, no than October 25, 2019, with respect to only this issue. Amended Pleadings due by 10/18/2019., Motions due by 10/25/2019. (Signed by Judge Ronnie Abrams on 9/27/2019) (rj)
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| Filing 13 FIRST LETTER addressed to Judge Ronnie Abrams from Jason Steinberg dated September 26, 2019 re: Response to Motion & Request for Extension. Document filed by Janette E. Ajasin.(Steinberg, Jason) |
| Filing 12 FIRST LETTER MOTION to Compel Plaintiff to Disclose Social Media Discovery addressed to Judge Ronnie Abrams from Daniel M. Schwartz dated September 18, 2019., FIRST LETTER MOTION for Discovery Dismissal of Plaintiff's Second Cause of Action and Dismissal of Coach Leasing, Inc. addressed to Judge Ronnie Abrams from Daniel M. Schwartz dated September 18, 2019. ( Return Date set for 9/18/2019 at 12:00 AM.) Document filed by Coach Leasing, Inc., Community Coach, Antonio Ortiz. (Attachments: #1 Exhibit NY's Application for Foreign Corporations, #2 Exhibit NJ Certificate of Change of Name and Incorporation, #3 Exhibit Screenshot of "Contact Us" Webpage, #4 Exhibit Screenshot of NJ Business Name Search Result, #5 Exhibit Screenshot of Zoom-In of Business Name Search Result, #6 Exhibit Screenshots of NJ Business Name Search for Google, #7 Exhibit Business Records from NJ Dept. of Treasury, #8 Exhibit Affidavit of Rudy Bhagwandas, #9 Exhibit Documents on File w/NY Dept. of State, #10 Exhibit Documents on File w/NJ Dept. of Treasury, #11 Exhibit Plaintiff's Bill of Particulars, #12 Exhibit Def.'s Notice for Documents Request, #13 Exhibit Pl.'s Response to Def.'s Notice for Documents Request)(Schwartz, Daniel) |
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Filing 11
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. 28 U.S.C. 636(c). The parties have not engaged in settlement discussions. This case is to be tried to a jury. Amended Pleadings due by 10/7/2019. Joinder of Parties due by 10/7/2019. Deposition due by 12/13/2020. Expert Deposition due by 2/7/2020. Fact Discovery due by 1/13/2020. Expert Discovery due by 2/7/2020. Discovery due by 2/28/2020. Post Fact Discovery Conference set for 1/24/2020 at 11:00 AM before Judge Ronnie Abrams. The parties have conferred and their present best estimate of the length of trial is 5 days. (Signed by Judge Ronnie Abrams on 9/13/2019) (rj)
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Filing 10
ORDER: As discussed at today's conference, no later than September 18, 2019, Defendants shall submit a letter, as well as documentation, showing that its principal place of business is located in New Jersey. Defendants shall also submit case law in support of its contemplated motions to dismiss and its prospective motion to compel. After reviewing these materials, Plaintiff shall inform the Court, no later than September 26, 2019, if it intends to file a motion to remand this case to state court or to amend its complaint. (Signed by Judge Ronnie Abrams on 9/13/2019) (rj)
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| Minute Entry for proceedings held before Judge Ronnie Abrams: Initial Pretrial Conference held on 9/13/2019. (arc) |
| Filing 9 NOTICE OF APPEARANCE by John Andrew Hsu on behalf of Coach Leasing, Inc., Community Coach, Antonio Ortiz. (Hsu, John) |
| Filing 8 FIRST LETTER addressed to Judge Ronnie Abrams from Daniel M. Schwartz dated September 11, 2019 re: Defendants' Opposition to Plaintiff's Letter Motion to Remand. Document filed by Coach Leasing, Inc., Community Coach, Antonio Ortiz. (Attachments: #1 Exhibit Documents from NJ Business Records Search, #2 Exhibit Additional Documents from NJ Business Records Search, #3 Exhibit Screenshot of NJ Business Records Search)(Schwartz, Daniel) |
| Filing 7 FIRST LETTER addressed to Judge Ronnie Abrams from Jason Steinberg dated September 5, 2019 re: Remand Case to State Court. Document filed by Janette E. Ajasin. (Attachments: #1 Exhibit DOS - Corporation Results, #2 Exhibit Summons & Complaint)(Steinberg, Jason) |
| Filing 6 NOTICE OF APPEARANCE by Jason Scott Steinberg on behalf of Janette E. Ajasin. (Steinberg, Jason) |
| Filing 5 JOINT LETTER addressed to Judge Ronnie Abrams from Daniel M. Schwartz dated 9/6/19 re: Order and Notice of Initial Conference. Document filed by Coach Leasing, Inc., Community Coach, Antonio Ortiz.(Schwartz, Daniel) |
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Filing 4
ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 9/13/2019 at 10:45 AM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 7/25/2019) (cf)
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| Filing 3 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Coach USA Inc. for Coach Leasing, Inc., Community Coach, Inc.. Document filed by Coach Leasing, Inc., Community Coach, Inc., Antonio Ortiz.(Schwartz, Daniel) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Mark Schwartz. The party information for the following party/parties has been modified: Janett Ajasin ; Community Coach, Inc.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Mark Schwartz. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 360 (P.I.: Other); Jury Demand code d (Defendant); Dollar Demand $1,000,000,000; County code Bronx; Fee Status code due (due). The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 350 (Motor Vehicle); the Jury Demand code has been modified to n (None); the Dollar Demand has been modified to 1,000,000; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (dnh) |
| Magistrate Judge James L. Cott 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. (dnh) |
| Case Designated ECF. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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. (dnh) |
| Filing 2 CIVIL COVER SHEET filed. (Schwartz, Daniel) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 25427/2019E. (Filing Fee $ 400.00, Receipt Number ANYSDC-17291395).Document filed by Antonio Ortiz, Community Coach, Inc., Coach Leasing, Inc.. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit AOS - Coach Leasing, Inc., #3 Exhibit AOS - Community Coach, Inc., #4 Exhibit AOS - Ortiz, #5 Exhibit Informal Demand (1) - 5.28.19, #6 Exhibit Informal Demand (2) - 5.29.19, #7 Exhibit Plaintiff's Email - 5.30.19, #8 Exhibit Informal Demand (3) - 5.30.19, #9 Exhibit Informal Demand (4) - 5.30.19, #10 Exhibit Formal Demand (5) - 5.30.19, #11 Exhibit Answer, #12 Exhibit Informal Demand (6) - 7.1.19, #13 Exhibit Motion to Compel, #14 Exhibit Motion Adjourned, #15 Exhibit Informal Demand (7) - 7.18.19, #16 Exhibit Response to Demand Ad Damnum, #17 Exhibit Withdrawal of Motion)(Schwartz, Daniel) |
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