Betts v. Sixty Lower East Side, LLC et al
Case Number: 1:2020cv04772
Filed: January 21, 2021
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity Action
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Date Filed Document Text
March 26, 2024 Opinion or Order Filing 103 ORDER terminating 83 Letter Motion for Discovery; terminating 84 Letter Motion for Discovery; terminating 85 Letter Motion for Conference re: 83 LETTER MOTION for Discovery Completion addressed to Judge Naomi Reice Buchwald f rom Curtis Sobel, Esq. dated October 23, 2023., 84 COUNTER LETTER MOTION for Discovery addressed to Judge Naomi Reice Buchwald from Joseph P. Napoli on behalf of Plaintiff Margaret Betts dated 10/31/2023., 85 LETTER MOTION for Conf erence addressed to Judge Naomi Reice Buchwald from Joseph Napoli on behalf of Plaintiff Margaret Betts dated 12/01/2023., 86 FIRST LETTER MOTION for Conference re: 85 LETTER MOTION for Conference addressed to Judge Na omi Reice Buchwald from Joseph Napoli on behalf of Plaintiff Margaret Betts dated 12/01/2023. addressed to Judge Naomi Reice Buchwal, 98 LETTER MOTION for Discovery Weekly Status Report addressed to Judge Naomi Reice Buchwald from Josephb Napoli dated February 2, 2024., 101 LETTER MOTION for Discovery and Report addressed to Judge Naomi Reice Buchwald from Joseph Napoli on behalf of Plaintiff dated 3/21/2024. ; terminating 86 Letter Motion for Conference re: 83 LETTER MOTION for Discovery Completion addressed to Judge Naomi Reice Buchwald from Curtis Sobel, Esq. dated October 23, 2023., 84 COUNTER LETTER MOTION for Discovery addressed to Judge Naomi Reice Buchwald from J oseph P. Napoli on behalf of Plaintiff Margaret Betts dated 10/31/2023., 85 LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from Joseph Napoli on behalf of Plaintiff Margaret Betts dated 12/01/2023., 86 FIRST LETTER MOTION for Conference re: 85 LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from Joseph Napoli on behalf of Plaintiff Margaret Betts dated 12/01/2023. addressed to Judge Naomi Reice Buchwal, [9 8] LETTER MOTION for Discovery Weekly Status Report addressed to Judge Naomi Reice Buchwald from Josephb Napoli dated February 2, 2024., 101 LETTER MOTION for Discovery and Report addressed to Judge Naomi Reice Buchwald from Joseph Napoli on behalf of Plaintiff dated 3/21/2024. ; terminating 98 Letter Motion for Discovery; terminating 101 Letter Motion for Discovery The Court is in receipt of the parties' letters of March 21 and 22, 2024. First, in accordanc e with Federal Rule of Civil Procedure 26(a)(1)(A) (iv), defendants shall produce to plaintiff copies of the relevant insurance policies. Second, the Court is hopeful that the additional medical records that have not yet been produced will be produce d in sufficient time for the examination of the plaintiff to occur. Third, in light of the apparently numerous additional medical records that were not produced prior to plaintiff's first deposition, the Court is receptive to defendants' request for an additional deposition of plaintiff. Finally, the Court would be pleased to hold another conference following the examination of the plaintiff and the scheduling of her follow-up deposition. The Clerk of Court is requested to terminate the pending motions at ECF Nos. 83-86, 98, 101. So ordered.. (Signed by Judge Naomi Reice Buchwald on 3/26/2024) (ks)
January 23, 2024 Opinion or Order Filing 97 ORDER terminating 92 Letter Motion for Discovery. The Court is in receipt of the parties' letters of January 17 and January 18, 2024 regarding expert discovery. See ECF Nos. 89, 91-92. The Court was reminded by reviewing its decision on the motions for summary judgment that plaintiff had requested on April 27, 2021 to stay the expert discovery schedule in this case given the parties' efforts to mediate. Nonetheless, the Court was surprised to learn how little progress had been made on the damages and expert discovery front. Without the provision of a strict and tight schedule to complete discovery, the Court is in no position to set a trial date. Accordingly, the parties are directed to provide a joint weekly update to the Court on the scheduling and progress of the remaining discovery in this case. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 1/23/2024) (mml)
September 21, 2023 Opinion or Order Filing 80 ORDER granting 77 Letter Motion for Conference re: 77 LETTER MOTION for Conference scheduled for 9/21/2023 to be held and the Damages phase of the case be set for trial addressed to Judge Naomi Reice Buchwald from Joseph Napoli on behalf of Plaintiff Margaret Betts dated 09/20/2023., 78 LETTER MOTION to Adjourn Conference on September 21, 2023 due to pending trial addressed to Judge Naomi Reice Buchwald from Curtis Sobel, Esq. dated September 20, 2023., 79 L ETTER MOTION for Conference Opposing Adjournment of conference addressed to Judge Naomi Reice Buchwald from Joseph Napoli on behalf of Plaintiff dated 9/20/2023. ; granting 78 Letter Motion to Adjourn Conference; terminating 79 Letter Motion for Conference re: 77 LETTER MOTION for Conference scheduled for 9/21/2023 to be held and the Damages phase of the case be set for trial addressed to Judge Naomi Reice Buchwald from Joseph Napoli on behalf of Plaintiff Margare t Betts dated 09/20/2023., 78 LETTER MOTION to Adjourn Conference on September 21, 2023 due to pending trial addressed to Judge Naomi Reice Buchwald from Curtis Sobel, Esq. dated September 20, 2023., 79 LETTER MOTION for Conference Opposing Adjournment of conference addressed to Judge Naomi Reice Buchwald from Joseph Napoli on behalf of Plaintiff dated 9/20/2023. The conference scheduled for today is adjourned until October 12, 2023 at 11 am. So Ordered. Telephone Conference set for 10/12/2023 at 11:00 AM before Judge Naomi Reice Buchwald. (Signed by Judge Naomi Reice Buchwald on 9/21/2023) (tg)
August 21, 2023 Opinion or Order Filing 75 MEMORANDUM AND ORDER granting in part and denying in part 56 Motion for Partial Summary Judgment; denying 63 Motion for Summary Judgment. Accordingly, the Court concludes that defendants' conduct constituted negligence per se under New Yo rk Education Law § 7802 and proximately caused plaintiff's injuries. Plaintiff's motion for partial summary judgment is thus granted in part and denied in part, and defendants' motion for summary judgment is denied in its entirety . A teleconference is scheduled for September 21, 2023 at 1:00 p.m. to discuss the damages phase of the case. The Clerk of Court is respectfully instructed to terminate the motions pending at ECF Nos. 56 and 63. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 8/21/2023) (mml)
June 29, 2023 Opinion or Order Filing 73 ORDER terminating 72 Letter Motion for Extension of Time to File. July 20, 2023 is the final extension. So Ordered. (Signed by Judge Naomi Reice Buchwald on 6/29/2023) (ate)
November 7, 2022 Opinion or Order Filing 53 ORDER: Having reviewed the parties' pre-motion letters, dated October 24, 2022 and November 2, 2022, the Court has determined that plaintiff may bring a motion for summary judgment without the necessity of a pre-motion conference. Hav ing previously granted defendants leave to bring a motion for summary judgment, the parties' briefs are due as follows: Plaintiff's brief in support of her motion for summary judgment is due on December 15, 2022; Defendants' brief in support of their cross-motion for summary judgment and in response to plaintiff's motion for summary judgment is due on January 12, 2023; Plaintiff's reply in support of her motion for summary j udgment and in response to defendants' motion for summary judgment is due on January 26, 2023; and Defendants' reply in support of their motion for summary judgment is due on February 9, 2023. ( Cross Motions due by 1/12/2023., Motions due by 12/15/2022., Responses due by 1/26/2023, Replies due by 2/9/2023.) (Signed by Judge Naomi Reice Buchwald on 11/7/2022) (tg)
April 27, 2021 Opinion or Order Filing 36 ORDER granting 35 JOINT LETTER MOTION to Stay the current expert discovery schedule pending the Parties supervised settlement conference addressed to Judge Naomi Reice Buchwald from Renato Mariotti dated April 22, 2021. Application granted. The expert discovery deadlines are stayed pending resolution of mediation to be ordered by the Court following joint written confirmation by the parties regarding completion of fact discovery. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/27/2021) (mml)
February 16, 2021 Opinion or Order Filing 31 MEMO ENDORSEMENT on 28 denying Motion to Quash. ENDORSEMENT: Application denied. The parties are directed to confer and agree upon a mutually convenient date for Mr. Maynard's deposition. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 2/16/2021) (ama)
January 21, 2021 Opinion or Order Filing 27 ORDER: granting 26 Letter Motion to Compel. Plaintiff Margaret Bettss Letter Motion to Compel Valeryia Vasilets to Appear for a Remote Video Deposition (ECF No. 26) is GRANTED. Valeryia Vasilets is ordered to appear for her remote video deposition in this matter on or before February 8, 2021. Valeryia Vasilets is further ordered to provide Plaintiff's counsel with adate certain for her deposition and the necessary contact information, including e-mail address, to conduct the remote video deposition on or before January 26, 2021. Valeryia Vasilets's failure to comply with this order may subject her to contempt. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 1/21/2021) (ama)
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