GEICO Indemnity Company as subrogee of Robert J. Castellano v. United States of America
| GEICO Indemnity Company as subrogee of Robert J. Castellano |
| United States of America |
| 1:2020cv01358 |
| February 17, 2020 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Andrew L Carter |
| Personal Property: Other |
| 28 U.S.C. § 1346 bc Breach of Contract |
| None |
Docket Report
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Filing 23
STIP AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and the United States, through their respective counsel, that the Action shall be settled and compromised on the following terms and conditions: This Action is hereby dismissed with prejudice, without costs, interest, attorneys' fees, or disbursements to any party, except as specified in paragraph 3 of this Stipulation and Order of Settlement and Dismissal (the "Stipulation and Order"). This Stipulation and Order is not, is in no way intended to be, and should not be construed as, an admission of liability or fault on the part of the United States or any of its present or former departments, agencies, agents, officials, or employees. This Stipulation and Order is entered into by the parties hereto for the purpose of compromising disputed claims and avoiding the expenses and risks of further litigation. The United States agrees to pay to Plaintiff the total sum of three thousand dollars ($3,000.00) (the "Settlement Amount"). All other provisions as further set forth in this order. So Ordered (Signed by Magistrate Judge Stewart D. Aaron on 12/14/2020) (js)
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| Filing 22 PROPOSED STIPULATION AND ORDER. Document filed by United States of America..(Kahane, Joshua) |
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Filing 21
MEMO ENDORSEMENT on re: #20 Letter filed by United States of America. ENDORSEMENT: Request GRANTED. The trial date is adjourned sine die. SO ORDERED. (Motions due by 12/30/2020., Responses due by 1/29/2021, Replies due by 2/12/2021.) (Signed by Magistrate Judge Stewart D. Aaron on 10/30/2020) (kl)
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| Filing 20 JOINT LETTER addressed to Magistrate Judge Stewart D. Aaron from Joshua Kahane dated 10/30/20 re: status of discovery and proposed summary judgment schedule. Document filed by United States of America..(Kahane, Joshua) |
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Filing 19
MEMO ENDORSEMENT on re: #18 Letter filed by United States of America. ENDORSEMENT: The parties shall file another joint letter regarding the status of discovery on October 30, 2020. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 9/1/2020) (js)
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| Filing 18 JOINT LETTER addressed to Magistrate Judge Stewart D. Aaron from Joshua Kahane dated 9/1/20 re: status of discovery. Document filed by United States of America..(Kahane, Joshua) |
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Filing 17
REPORT OF RULE 26(f) MEETING AND PROPOSED CASE MANAGEMENT PLAN: At this time, the parties do anticipate utilizing experts. The parties have discussed the possibility of settlement. The parties anticipate that the trial of this case will require 3 days. The parties do consent to a trial before a Magistrate Judge at this time. The parties request a bench trial. Extensions shall be granted for good cause shown. In addition, the parties may agree to extend the interim deadlines set forth in Section 5(b) above. The parties shall file a joint letter regarding the status of discovery on September 1, 2020. SO ORDERED. Amended Pleadings due by 9/30/2020. Responses due by 8/14/2020 Deposition due by 9/15/2020. Fact Discovery due by 10/31/2020. Expert Discovery due by 11/30/2020. Ready for Trial by 1/25/2021. (Signed by Magistrate Judge Stewart D. Aaron on 7/1/2020) (js)
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| Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephonic Initial Pretrial Conference held on 7/1/2020. (kl) |
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Filing 16
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: by GEICO Indemnity Company as subrogee of Robert J. Castellano, United States of America. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Stewart D. Aaron. IT IS ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/25/2020).(ama)
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| Filing 15 NOTICE of consent to proceed before United States Magistrate Judge. Document filed by United States of America..(Kahane, Joshua) |
| Filing 14 PROPOSED CASE MANAGEMENT PLAN. Document filed by United States of America..(Kahane, Joshua) |
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Filing 13
ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE:An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held on Wednesday, July 1, 2020 at 2:00 p.m. In light of recent public health developments, the conference shall be conducted by telephone. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765- 0479) and enter access code 6489745. So Ordered Initial Conference set for 7/1/2020 at 02:00 PM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 6/1/2020) (js)
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Filing 12
ORDER OF REFERENCE TO A 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 Stewart D. Aaron. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/01/2020) (ama)
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| ***DELETED DOCUMENT. Deleted document number #14 Memo Opinion. The document was incorrectly filed in this case. (js) |
| Filing 11 ANSWER to #1 Complaint,. Document filed by United States of America..(Kahane, Joshua) |
| Filing 10 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of United States of America..(Kahane, Joshua) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to United States of America, U.S. Attorney and U.S. Attorney General..(dnh) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to United States of America, U.S. Attorney and U.S. Attorney General..(dnh) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to United States of America, U.S. Attorney and U.S. Attorney General..(dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard Levi Elem. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1364. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1346. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(dnh) |
| Magistrate Judge Stewart D. Aaron 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh) |
| Case Designated ECF. (dnh) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Government Employees Insurance Company (GEICO), Corporate Parent Berkshire Hathaway, Inc., Other Affiliate Heinz, Other Affiliate National Indemnity Company, Other Affiliate Marmon Holdings, Inc., Other Affiliate Benjamin Moore & CO., Other Affiliate Helzberg Diamonds, Other Affiliate United States Liability Insurance Group, Other Affiliate GEICO Indemnity Company, Other Affiliate GEICO Casualty Company, Other Affiliate Geico Advantage Insurance Company, Other Affiliate Geico Secure Insurance Company, Other Affiliate Geico County Mutual Insurance Company, Other Affiliate Geico Choice Insurance Company, Other Affiliate Geico Insurance Agency, Inc., Other Affiliate ACME BRICK COMPANY, Other Affiliate BEN BRIDGE JEWELER, Other Affiliate BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Other Affiliate BERKSHIRE HATHAWAY ENERGY COMPANY, Other Affiliate BORSHEIM'S FINE JEWELRY, Other Affiliate BUFFALO NEWS, BUFFALO NY, Other Affiliate CORT BUSINESS SERVICES, Other Affiliate CTB INC., Other Affiliate FECHHEIMER BROTHERS COMPANY, Other Affiliate FOREST RIVER, Other Affiliate FRUIT OF THE LOOM COMPANIES, Other Affiliate GARAN INCORPORATED, Other Affiliate GATEWAY UNDERWRITERS AGENCY, Other Affiliate GENERAL RE, Other Affiliate H.H. BROWN SHOE GROUP, Other Affiliate HOMESERVICES OF AMERICA, INC., Other Affiliate INTERNATIONAL DAIRY QUEEN, INC., Other Affiliate IMC INTERNATIONAL METALWORKING COMPANIES, Other Affiliate JORDAN'S FURNITURE, Other Affiliate JUSTIN BRANDS, Other Affiliate MEDICAL PROTECTIVE, Other Affiliate MITEK INC., Other Affiliate NEBRASKA FURNITURE MART, Other Affiliate NETJETS, Other Affiliate THE PAMPERED CHEF, Other Affiliate PRECISION STEEL WAREHOUSE, INC., Other Affiliate RC WILLEY HOME FURNISHINGS, Other Affiliate SCOTT FETZER COMPANIES, Other Affiliate SEE'S CANDIES, Other Affiliate STAR FURNITURE, Other Affiliate TTI INC., Other Affiliate XTRA CORPORATION, Other Affiliate Berkshire Hathaway Specialty Insurance, Other Affiliate BH Media Group, Other Affiliate Business Wire, Other Affiliate Central States Indemnity Company, Other Affiliate Clayton Homes, Other Affiliate FlightSafety, Other Affiliate Guard Insurance Group, Other Affiliate Johns Manville, Other Affiliate Larson-Juhl, Other Affiliate McLane Company, Other Affiliate Oriental Trading Company, Other Affiliate Richline Group, Other Affiliate Shaw Industries, Other Affiliate Applied Underwriters, Other Affiliate BNSF, Other Affiliate Brooks, Other Affiliate BoatU.S., Other Affiliate Lubrizol Corporation for GEICO Indemnity Company as subrogee of Robert J. Castellano. Document filed by GEICO Indemnity Company as subrogee of Robert J. Castellano. (Attachments: #1 Exhibit Corporations List).(Elem, Richard) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, re: #1 Complaint,. Document filed by GEICO Indemnity Company as subrogee of Robert J. Castellano..(Elem, Richard) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, re: #1 Complaint,. Document filed by GEICO Indemnity Company as subrogee of Robert J. Castellano..(Elem, Richard) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to United States of America, re: #1 Complaint,. Document filed by GEICO Indemnity Company as subrogee of Robert J. Castellano..(Elem, Richard) |
| Filing 2 CIVIL COVER SHEET filed..(Elem, Richard) |
| Filing 1 COMPLAINT against United States of America. (Filing Fee $ 400.00, Receipt Number ANYSDC-18820925)Document filed by GEICO Indemnity Company as subrogee of Robert J. Castellano. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D).(Elem, Richard) |
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| Plaintiff: GEICO Indemnity Company as subrogee of Robert J. Castellano | |
| Represented By: | Richard Levi Elem |
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| Defendant: United States of America | |
| Represented By: | Joshua Evan Kahane |
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