Elsie Simmons v. National Railroad Passenger Corporation et al
| Elsie Simmons |
| union station investco llc, "jones lang lasalle doe company", NATIONAL RAILROAD PASSENGER CORPORATION, ASHKENAZY Acquisition Corp., Interstate cleaning Corporation, Jones Lang LaSalle Americas, Inc. and name fictitious, true name unkown |
| 1:2019cv06986 |
| July 25, 2019 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| P.I.: Other |
| 28 U.S.C. § 1441 nr |
| Both |
Docket Report
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This docket was last retrieved on June 3, 2020. A more recent docket listing may be available from PACER.
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Filing 30
ORDER granting #28 Letter Motion to Substitute Attorney. Application GRANTED. Attorney Alexander Bruce Imel terminated (Signed by Judge Lorna G. Schofield on 9/20/2019) (cf)
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| Filing 28 LETTER MOTION to Substitute Attorney. Old Attorney: Alexander B. Imel, New Attorney: Colin Be and John Bonventre addressed to Judge Lorna G. Schofield from Alexander B. Imel dated 9/20/19. Document filed by National Railroad Passenger Corporation.(Imel, Alexander) |
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Filing 29
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). No additional parties may be joined or Amended pleadings may be filed without leave of Court until 10/21/2019. All fact discovery shall be completed no later than 1/17/2020. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 1/17/2020. If you have identified types of experts in question 9(a), all expert discovery shall be completed no later than 3/2/2020. 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 4 days. On 3/19/2020 at 10:40 A.M. a pre-motion conference will be held for any anticipated dispositive motions, as further set forth in this Order. Amended Pleadings due by 10/21/2019. Joinder of Parties due by 10/21/2019. Deposition due by 1/17/2020. Fact Discovery due by 1/17/2020. Expert Discovery due by 3/2/2020. Pre-Motion Conference set for 3/19/2020 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/19/2019) (cf)
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| Filing 27 MEMO ENDORSEMENT on re: #25 Notice (Other) filed by National Railroad Passenger Corporation. ENDORSEMENT: Application DENIED without prejudice to re-file an application pursuant to Local Civil Rule 1.4. (Signed by Judge Lorna G. Schofield on 9/19/2019) (cf) |
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Filing 26
ORDER: Defendants may file motions to dismiss on the grounds of lack of personal jurisdiction and improper venue, which shall be subject to the following provisional schedule: Defendants shall file their motions by October 17, 2019, not to exceed twenty-five pages each; Plaintiff shall file his omnibus opposition by November 26, 2019, not to exceed fifty pages; and Defendants shall file their replies by December 10, 2019, not to exceed ten pages each. The parties shall follow the Court's Individual Rules concerning motions, including those concerning courtesy copies. (As further set forth in this Order.) (Motions due by 10/17/2019., Responses due by 11/26/2019, Replies due by 12/10/2019.) (Signed by Judge Lorna G. Schofield on 9/19/2019) (cf)
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| Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 9/19/2019. (jcs) |
| Filing 25 NOTICE of NOTICE OF WITHDRAWAL AS APPEARANCE. Document filed by National Railroad Passenger Corporation. (Imel, Alexander) |
| Filing 24 NOTICE OF APPEARANCE by Colin Pei Kai Be' on behalf of National Railroad Passenger Corporation. (Be', Colin) |
| Filing 23 JOINT LETTER addressed to Judge Lorna G. Schofield from Alexander B. Imel dated 9/13/19 re: Joint Discovery Plan. Document filed by National Railroad Passenger Corporation.(Imel, Alexander) |
| Filing 22 JOINT LETTER addressed to Judge Lorna G. Schofield from Alexander B. Imel dated 9/12/2019 re: Joint Proposed Civil Case Management Plan. Document filed by National Railroad Passenger Corporation. (Attachments: #1 Exhibit Proposed Civil Case Management Plan and Scheduling Order)(Imel, Alexander) |
| Filing 21 ANSWER to Complaint with JURY DEMAND. Document filed by Ashkenazy Acquisition Corp., Interstate Cleaning Corporation, Jones Lang LaSalle Americas, Inc., Union Station Investco LLC.(Davolio, Richard) |
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Filing 20
STIPULATION EXTENDING TIME TO APPEAR AND ANSWER: IT IS STIPULATED AND AGREED by and between the undersigned attorneys the that time for the defendants, UNION STATION INVESTCO LLC; ASHKENAZ ACQUISITION CORP.; JONES LANG LASALLE AMERICAS, INC. and INTERSTATE CLEANING CORPORATION to appear and answer, supplement the answer as of course, or to make any motion with relation to the summons and or the complaint in this action, be and the same hereby is extended to and including the 13th day of September, 2019. So Ordered. The Clerk of Court is respectfully requested to close the motion at Dkt. No. 18. (Signed by Judge Lorna G. Schofield on 9/10/2019) (mro) Modified on 9/11/2019 (mro).
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Filing 19
ORDER denying #4 Letter Motion for Conference. It is hereby ORDERED that, for the foregoing reasons, Plaintiff's motion to remand is DENIED. The Clerk of Court is respectfully requested to close the motion at Dkt. No. 4. (Signed by Judge Lorna G. Schofield on 9/9/2019) (ne)
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| Filing 18 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Lorna G. Schofield from Richard J. DaVolio, Esq. dated September 6, 2019. Document filed by Ashkenazy Acquisition Corp., Interstate Cleaning Corporation, Jones Lang LaSalle Americas, Inc., Union Station Investco LLC.(Davolio, Richard) |
| Filing 17 NOTICE OF APPEARANCE by Richard J. Davolio on behalf of Ashkenazy Acquisition Corp., Interstate Cleaning Corporation, Jones Lang LaSalle Americas, Inc., Union Station Investco LLC. (Davolio, Richard) |
| Filing 16 AFFIDAVIT OF SERVICE. Union Station Investco LLC served on 8/1/2019, answer due 8/22/2019. Service was accepted by NY Secretary of State. Service was made by Mail. Document filed by Elsie Simmons. (Dinhofer, Philip) |
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Filing 15
ORDER with respect to #11 LETTER MOTION for Leave to File Motion to Dismiss Pursuant to Rule 12(b). It is ORDERED that parties shall be prepared to discuss Defendant's motion at the initial pretrial conference, scheduled for September 19, 2019. (Signed by Judge Lorna G. Schofield on 8/30/2019) (jca)
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| Filing 14 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Philip J. Dinhofer dated August 19, 2019 re: #11 LETTER MOTION for Leave to File Motion to Dismiss Pursuant to Rule 12(b) addressed to Judge Lorna G. Schofield from Alexander Imel dated 08/12/2019. . Document filed by Elsie Simmons. (Dinhofer, Philip) |
| Filing 13 LETTER addressed to Judge Lorna G. Schofield from Alexander B. Imel dated 8/15/2019 re: Certifications of Consent to Removal. Document filed by National Railroad Passenger Corporation. (Attachments: #1 Exhibit Certification of Consent to Removal by Ashkenazy Acquisition Corp. and Union Station Investco LLC, #2 Exhibit Certification of Consent to Removal by Jones Lang Lasalle Americas, Inc. and Interstate Cleaning Corp.)(Imel, Alexander) |
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Filing 12
ORDER with respect to #11 Letter Motion for Leave to File Document. It is ORDERED that Plaintiff shall file a letter response, pursuant to Individual Rules III.C.2 and III.A.1, by August 20, 2019. Defendant's proposed motion will be discussed at the initial pretrial conference. (Signed by Judge Lorna G. Schofield on 8/13/2019) (mro)
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| Filing 11 LETTER MOTION for Leave to File Motion to Dismiss Pursuant to Rule 12(b) addressed to Judge Lorna G. Schofield from Alexander Imel dated 08/12/2019. Document filed by National Railroad Passenger Corporation.(Imel, Alexander) |
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Filing 10
MEMO ENDORSEMENT on re: #9 Reply to Response to Motion, filed by Elsie Simmons. ENDORSEMENT: It is ORDERED that in the parties' joint letter due September 12, 2019, Defendant shall apprise the Court whether all Defendants have consented to removal, and the date that each Defendant consented, appending all relevant evidence. Plaintiff's motion will be discussed at the initial pretrial conference. SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/8/2019) (kv)
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| Filing 9 LETTER REPLY to Response to Motion addressed to Judge Lorna G. Schofield from Philip J. Dinhofer dated August 7, 2019 re: #4 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Philip J. Dinhofer dated July 7, 2019. . Document filed by Elsie Simmons. (Dinhofer, Philip) |
| Filing 8 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Alexander B. Imel dated 8/7/2019 re: #4 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Philip J. Dinhofer dated July 7, 2019. . Document filed by National Railroad Passenger Corporation. (Imel, Alexander) |
| Filing 7 NOTICE OF APPEARANCE by Alexander Bruce Imel on behalf of National Railroad Passenger Corporation. (Imel, Alexander) |
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Filing 6
ORDER: Initial Conference set for 9/19/2019 at 10:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/2/2019) (jca)
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Filing 5
MEMO ENDORSEMENT on re: #4 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Philip J. Dinhofer dated July 7, 2019. filed by Elsie Simmons. ENDORSEMENT: It is ORDERED that Defendant National Railroad Passenger Corporation shall file a letter response, not to exceed three pages, by August 7, 2019. (Responses due by 8/7/2019) (Signed by Judge Lorna G. Schofield on 7/31/2019) (cf)
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| Filing 4 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Philip J. Dinhofer dated July 7, 2019. Document filed by Elsie Simmons.(Dinhofer, Philip) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney John Anthony Bonventre. The following party/parties has been removed from this case: name fictitious, true name unkown. The party was added to the case in error. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Anthony Bonventre. The party information for the following party/parties has been modified: NATIONAL RAILROAD PASSENGER CORPORATION; union station investco llc ; ASHKENAZY Acquisition Corp. ; "jones lang lasalle doe company" ; Interstate cleaning Corporation. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Anthony Bonventre. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1442nr. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1441nr. (dnh) |
| 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. (dnh) |
| Magistrate Judge Henry B. Pitman 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) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate American Financial Group, Inc., Other Affiliate Passenger Railroad Insurance Limited, Other Affiliate Washington Terminal Company, Other Affiliate Canadian Pacific Railway, Other Affiliate American Premier Underwriters, Inc., Other Affiliate Burlington Northern and Sante Fe LLC, Other Affiliate Canadian National Railway, Other Affiliate Berkshire Hathaway for NATIONAL RAILROAD PASSENGER CORPORATION. Document filed by NATIONAL RAILROAD PASSENGER CORPORATION.(Bonventre, John) |
| Filing 2 CIVIL COVER SHEET filed. (Bonventre, John) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of The State of New York, County of Bronx. Case Number: 25334/2019E. (Filing Fee $ 400.00, Receipt Number ANYSDC-17315760).Document filed by NATIONAL RAILROAD PASSENGER CORPORATION. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Docket Sheet, #3 Certification of Service)(Bonventre, John) |
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