Martinez v. Future Motion, Inc.
| Shaun Martinez |
| Future Motion, Inc. |
| 1:2020cv05984 |
| July 31, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| John P Cronan |
| Jed S Rakoff |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 pl Petition for Removal- Product Liability |
| Defendant |
Docket Report
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This docket was last retrieved on October 28, 2021. A more recent docket listing may be available from PACER.
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Filing 55
ORDER OF DISMISSAL: Accordingly, it is hereby ORDERED that this action is DISMISSED without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within 60 days of this Order in the event the settlement agreement is not completed and executed. Any such application filed after 60 days from the date of this Order 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. Pursuant to 3.F 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 canceled. The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge John P. Cronan on 10/28/2021) (jca)
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Filing 54
ORDER granting #53 Letter Motion to Adjourn Conference. In light of the reported settlement in principle, the November 16 settlement conference is hereby adjourned sine die. I will report the settlement to Judge Cronan for any further action he deems appropriate. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 53 JOINT LETTER MOTION to Adjourn Conference since case resolved addressed to Magistrate Judge James L. Cott from Steven L. Sonkin dated October 28, 2021. Document filed by Shaun Martinez..(Sonkin, Steven) |
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Filing 52
ORDER terminating #48 Letter Motion for Discovery; terminating #51 Letter Motion for Discovery. Accordingly, Plaintiff has failed to comply with Rule 26 of the Federal Rules of Civil Procedure. Nevertheless, the Court finds that preclusion is not warranted. In determining whether preclusion is appropriate under Rule 37(c)(1), district courts consider (1) the party's explanation for the failure to comply with the disclosure requirement; (2) the importance of the testimony of the precluded witness[]; (3) the prejudice suffered by the opposing party as a result of having to prepare to meet the new testimony; and (4) the possibility of a continuance." Patterson v. Balsamico, 440 F.3d 104, 117 (2d Cir. 2006) (internal quotations omitted). Preclusion under Rule 37(c)(1) is not mandatory and district courts have "wide discretion to impose sanctions" under the rule. Design Strategy, Inc. v. Davis, 469 F.3d 284, 294 (2d Cir. 2006). Courts generally have held that "[p]recluding testimony is a drastic and disfavored measure." Simo Holdings Inc. v. Hong Kong uCloudlink Network Tech. Ltd., 354 F. Supp. 3d 508, 510 (S.D.N.Y. 2019). The first factor weighs against Plaintiff. Plaintiff claims in his letter that the delay in Dr. Pughs testing of the board, which serves as the basis for Dr. Pugh's supplemental report, was caused by the parties need to jointly inspect the board. Dkt. 48 at 1. But as Defendant aptly points out, the joint inspection occurred on May 11, 2021. Dkt. 51 at 1. Therefore, Dr. Pugh had nearly two months to test the board and to include his conclusions and opinions in his initial report prior to Plaintiffs deadline to serve expert disclosures on July 1, 2021. Yet he failed to do so and Plaintiff has not provide any other justification for the delay. The remaining factors, however, weigh against preclusion. Plaintiff represents, and the Court has no reason to doubt, that Dr. Pughs testimony is essential to establish plaintiff's design defect claims," Dkt. 39 at 2, and "since liability is hotly contested, the prejudice to plaintiff would be substantial if he were deprived of his right to present testimony at the time of trial of matters discussed in the supplemental report," Dkt. 48 at 2. In contrast, the prejudice that Defendant will suffer is slight. The Court reopened discovery through November 12, 2021 so that Defendant may complete the deposition of Dr. Pugh. Plaintiff already provided Defendant with the video and photos of Dr. Pughs testing of the subject One Wheel and Defendant will have an opportunity to question Dr. Pugh at his deposition about his testing as well as the opinions and conclusions contained in his supplemental report. Plaintiff therefore is permitted to serve a supplemental report prepared by Dr. Pugh. Plaintiff shall serve Dr. Pugh's supplemental report on Defendant no later than three business days prior to Dr. Pughs deposition. Plaintiff may not offer any further supplemental expert reports absent leave of Court, and is admonished to adhere to the deadlines set forth under the Federal Rules of Civil Procedure and the Court's scheduling order. The Clerk of Court is respectfully directed to close Dockets 48 and 51. SO ORDERED. (Signed by Judge John P. Cronan on 10/26/2021) (jca)
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| Filing 51 LETTER MOTION for Discovery in response to Plaintiff's letter addressed to Judge John P. Cronan from Christy Mennen dated 10/22/2021. Document filed by Future Motion, Inc...(Mennen, Christine) |
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Filing 50
ORDER SCHEDULING SETTLEMENT CONFERENCE granting #49 JOINT LETTER MOTION for Conference requesting date for settlement conference addressed to Magistrate Judge James L. Cott from Steven L. Sonkin dated October 19, 2021. By Order of Reference dated October 14, 2021 (Dkt. No. 43), Judge Cronan referred this case to me for settlement. The parties and the Court conferred, and agreed that the conference will be held before me on November 16, 2021 at 2:30 p.m. Unless circumstances permit otherwise, the conference will be held by telephone rather than in person. Counsel should contact chambers using the Court's conference line, (877) 873-8017 (Access Code: 5277586). Using the conference line system, the Court will begin the settlement conference in joint session with all parties on the line before breaking into private session and speaking to the parties individually, as the technology the Court is using should be able to facilitate breakout sessions with each side. If the parties wish to have the Court provide a video platform (Microsoft Teams or Zoom) and not simply proceed telephonically, they may so advise the Court and the Court will then schedule a conference to discuss logistics. If the parties wish to proceed in person, they may write to the Court requesting an in-person conference, as further set forth. Telephone Conference set for 11/16/2021 at 02:30 PM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 10/20/2021) (mml)
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| Filing 49 JOINT LETTER MOTION for Conference requesting date for settlement conference addressed to Magistrate Judge James L. Cott from Steven L. Sonkin dated October 19, 2021. Document filed by Shaun Martinez..(Sonkin, Steven) |
| Filing 48 LETTER MOTION for Discovery To permit supplemental expert disclosure addressed to Judge John P. Cronan from Steven L. Sonkin dated October 18, 2021. Document filed by Shaun Martinez..(Sonkin, Steven) |
| Filing 47 NOTICE OF APPEARANCE by Andre J. Major on behalf of Future Motion, Inc...(Major, Andre) |
| Filing 46 NOTICE OF APPEARANCE by Kelly Jones Howell on behalf of Future Motion, Inc...(Howell, Kelly) |
| Filing 45 NOTICE of Substitution of Attorney. Old Attorney: Christopher Cafaro, New Attorney: Kelly Jones Howell, Address: HARRIS BEACH PLLC, 100 Wall Street, New York, New York, USA 10005, 212-687-0100. Document filed by Future Motion, Inc...(Mennen, Christine) |
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Filing 44
ORDER: By Order of Reference dated October 14, 2021 (Dkt. No. 43), Judge Cronan referred this case to me for settlement. The parties are directed to advise the Court within 30 days when they wish to schedule the settlement conference. The parties should do so by filing a letter-motion on the docket that indicates at least three dates that are mutually convenient for the parties. Alternatively, counsel are free to e-mail my deputy clerk, David Tam, at David_Tam@nysd.uscourts.gov to find a mutually convenient date for the parties and the Court. Currently, the earliest dates the Court is available for the conference are November 16th (at 2:30 p.m.), November 18th, or November 22nd. In light of the COVID-19 pandemic, any settlement conference in the foreseeable future will likely be conducted telephonically. Using the Court's conference line system, the Court will begin the settlement conference in joint session with all parties on the line before breaking into private session and speaking to the parties individually, as the technology the Court is using can facilitate breakout sessions with each side. However, if all parties wish to have the Court provide a video platform (Microsoft Teams or Zoom) and not simply proceed telephonically, they may so advise the Court and the Court will then schedule a conference to discuss logistics. Alternatively, if all parties wish to proceed in person, they may write to the Court requesting an in-person conference. An in-person conference would be permitted only if all participants in the conference (attorneys, clients, and any interpreters) comply with the Courts most recent COVID-19 Protocol (available at https://www.nysd.uscourts.gov/covid-19-coronavirus). For avoidance of doubt, all parties must agree to proceeding by video conference or an in-person conference and make a joint application for the method that is preferred. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 10/14/2021) (jca)
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Filing 43
ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James L. Cott. SO ORDERED. (Signed by Judge John P. Cronan on 10/14/2021) (jca)
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| Filing 42 JOINT LETTER MOTION for Conference for settlement purposes with Magistrate Judge addressed to Judge John P. Cronan from Steven L. Sonkin dated October 13, 2021. Document filed by Shaun Martinez..(Sonkin, Steven) |
| Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on October 12, 2021. For reasons stated on the record, expert discovery is reopened through November 12, 2021 so that the parties may complete the deposition of Plaintiffs expert Dr. James Pugh. If Plaintiff intends to supplement Dr. Pughs expert report, Plaintiff is directed to file a letter brief of no more than five pages explaining why a supplemental expert report is allowed by October 18, 2021; Defendant shall file a response of no more than five pages by October 22, 2021. If the parties intend to move for summary judgment after the close of expert discovery, any motions shall be filed by December 1, 2021; opposition briefs filed by December 15, 2021; and reply briefs filed by December 22, 2021. The Clerk of Court is respectfully directed to terminate the pending motion at Dkt. 41. (Court Reporter Sharonda Jones). Motion(s) terminated: #41 LETTER MOTION for Discovery to Exclude Pugh addressed to Judge John P. Cronan from Christine M. Mennen dated 10/08/2021. filed by Future Motion, Inc. (mhe) |
| Filing 41 LETTER MOTION for Discovery to Exclude Pugh addressed to Judge John P. Cronan from Christine M. Mennen dated 10/08/2021. Document filed by Future Motion, Inc...(Mennen, Christine) |
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Filing 40
ORDER terminating #38 Letter Motion for Discovery. It is hereby ORDERED that the parties shall meet and confer, and shall be prepared to discuss whether they have reached a resolution of the discovery issues raised in their letters, see Dkts. 38, 39, at the final pretrial conference scheduled on October 12, 2021 at 10:00 a.m. SO ORDERED. (Signed by Judge John P. Cronan on 10/5/2021) (jca)
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| Filing 39 LETTER RESPONSE in Opposition to Motion addressed to Judge John P. Cronan from Steven L. Sonkin dated October 1, 2021 re: #38 LETTER MOTION for Discovery addressed to Judge John P. Cronan from Christy Mennen dated 09/28/2021. . Document filed by Shaun Martinez..(Sonkin, Steven) |
| Filing 38 LETTER MOTION for Discovery addressed to Judge John P. Cronan from Christy Mennen dated 09/28/2021. Document filed by Future Motion, Inc...(Mennen, Christine) |
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Filing 37
ORDER granting #36 Letter Motion for Extension of Time. Defendant's must file the pre-motion letter by October 8, 2021. SO ORDERED. (Signed by Judge John P. Cronan on 9/23/2021) (jca)
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| Filing 36 LETTER MOTION for Extension of Time addressed to Judge John P. Cronan from Christy Mennen dated 09/21/2021. Document filed by Future Motion, Inc.. (Attachments: #1 Exhibit Doc. 35 - Order Granting Letter Extension).(Mennen, Christine) |
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ORDER The conference scheduled for October 12, 2021 at 10:00 a.m. will take place remotely. At the schedule time, counsel for all parties should call 866-434-5269, access code 9176261. (HEREBY ORDERED by Judge John P. Cronan) (Text Only Order) (mhe)
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Filing 35
ORDER granting #34 Letter Motion for Extension of Time. Expert depositions shall be completed by September 30, 2021. The final pretrial conference scheduled for August 31, 2021 at 10:00 a.m. is adjourned to October 12, 2021 at 10:00 a.m. SO ORDERED. Deposition due by 9/30/2021. (Signed by Judge John P. Cronan on 8/9/2021) (jca)
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| Set/Reset Hearings: Final Pretrial Conference set for 10/12/2021 at 10:00 AM before Judge John P. Cronan. (jca) |
| Filing 34 JOINT LETTER MOTION for Extension of Time to complete expert depositions addressed to Judge John P. Cronan from Christy Mennen dated 08/06/2021. Document filed by Future Motion, Inc...(Mennen, Christine) |
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Filing 33
ORDER granting #32 Motion for John J. Wackman to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #32 MOTION for John J. Wackman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 32 MOTION for John J. Wackman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Future Motion, Inc.. (Attachments: #1 Martinez - Order for Admission Pro Hac Vice (JJW), #2 Affidavit Martinez - Affidavit of John J. Wackman iso Motion for Admission Pro Hac Vice, #3 MN Supreme Court Cert of Good Standing - John Wackman, #4 WI Supreme Court - Cert of Good Standing - JJW).(Cafaro, Christopher) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #31 MOTION for John J. Wackman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Minnesota. We do not accept certificates from other District courts;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) |
| Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for John J. Wackman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Future Motion, Inc.. (Attachments: #1 Affidavit, #2 Martinez - Order for Admission Pro Hac Vice (JJW), #3 WI Supreme Court - Cert of Good Standing - JJW, #4 Certificate of Good Standing_Wackman John J 06212021).(Cafaro, Christopher) Modified on 7/12/2021 (bcu). |
| Pro Hac Vice Fee Payment: for #31 MOTION for John J. Wackman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-24774062..(Cafaro, Christopher) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE re: Document No. #30 MOTION for John J. Wackman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from State bar of Minnesota; the filing fee was not paid;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (wb) |
| Filing 30 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for John J. Wackman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Future Motion, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 WI Supreme Court - Cert of Good Standing - JJW, #4 Certificate of Good Standing_Wackman John J).(Cafaro, Christopher) Modified on 7/8/2021 (wb). |
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Filing 29
ORDER granting #28 Letter Motion for Extension of Time to Complete Discovery. The parties' request for an extension of discovery is granted. Plaintiff's expert disclosures are due July 1, 2021; Defendant's expert disclosures are due July 30, 2021; and depositions shall be completed by August 20, 2021. All discovery shall be completed by August 20, 2021. The conference scheduled for July 20, 2021 is adjourned to August 31, 2021 at 10:00 a.m. Deposition due by 8/20/2021. Discovery due by 8/20/2021.. (Signed by Judge John P. Cronan on 4/19/2021) (nb)
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| Set/Reset Hearings: Pretrial Conference set for 8/31/2021 at 10:00 AM before Judge John P. Cronan. (nb) |
| Filing 28 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John P. Cronan from Steven L. Sonkin dated 04/19/2021. Document filed by Shaun Martinez..(Sonkin, Steven) |
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Filing 27
MEMO ENDORSEMENT re: #26 Letter filed by Future Motion, Inc. ENDORSEMENT: It is hereby ORDERED that Defendant's request is GRANTED. Defendant's expert disclosures shall be due June 1, 2021. (Signed by Judge John P. Cronan on 3/11/2021) (nb)
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| Filing 26 LETTER addressed to Judge John P. Cronan from Christy Mennen dated March 11, 2021 re: Deadline for Defendant's Expert Disclosures. Document filed by Future Motion, Inc...(Mennen, Christine) |
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Filing 25
MEMO ENDORSEMENT on re: #24 JOINT LETTER addressed to Judge John P. Cronan from Steven L. Sonkin dated January 18, 2021 re: Joint Status Letter. Document filed by Shaun Martinez. ENDORSEMENT: It is hereby ORDERED that the parties' request for a 90-day extension of all deadlines is GRANTED. Plaintiff's expert disclosures are due May 3, 2021. Defendant's expert disclosures are due May 17, 2021. Depositions shall be completed by May 31, 2021. All discovery shall be completed by June 2, 2021. The conference scheduled for April 22, 2021 is adjourned to July 20, 2021 at 10:30 a.m. The parties are reminded that pursuant to 3.B of the Court's Individual Rules and Practices in Civil Cases, any requests for extensions must include the original dates and the new dates requested. (Deposition due by 5/31/2021. Discovery due by 6/2/2021.) (Pretrial Conference set for 7/20/2021 at 10:30 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 1/19/2021) (rjm)
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| Filing 24 JOINT LETTER addressed to Judge John P. Cronan from Steven L. Sonkin dated January 18, 2021 re: Joint Status Letter. Document filed by Shaun Martinez..(Sonkin, Steven) |
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Filing 23
MEMO ENDORSEMENT on #22 terminating #21 Letter Motion for Discovery. ENDORSEMENT: It is hereby ORDERED that the parties shall meet and confer, and shall, by January 18, 2021, submit a joint letter to the Court addressing whether they have reached a resolution of the discovery issues raised in their letters. (See Dkts. 21, 22.) It is further ORDERED that Plaintiff shall have until February 1, 2021 to submit his expert disclosures. If the parties reach a resolution without the need for an informal discovery conference, they may request extensions to any remaining discovery dates in their letter due January 18, 2021. SO ORDERED. (Signed by Judge John P. Cronan on 1/8/2021) (rro)
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| Filing 22 LETTER addressed to Judge John P. Cronan from Christy M. Mennen dated January 7, 2021 re: Response to Plaintiff's Letter Motion. Document filed by Future Motion, Inc...(Mennen, Christine) |
| Filing 21 LETTER MOTION for Discovery addressed to Judge John P. Cronan from Steven L. Sonkin dated January 4, 2021. Document filed by Shaun Martinez..(Sonkin, Steven) |
| Filing 20 JOINT LETTER addressed to Judge John P. Cronan from Steven L. Sonkin dated October 22, 2020 re: Joint Status Letter. Document filed by Shaun Martinez..(Sonkin, Steven) |
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Filing 19
ORDER granting #18 JOINT LETTER MOTION for Extension of Time of Deadlines addressed to Judge John P. Cronan from Christy Mennen and Steven L. Sonkin dated 10/08/2020. Document filed by Future Motion, Inc. It is hereby ORDERED that the parties' request is GRANTED. The revised deadlines are as follows: Plaintiff's expert disclosures are due January 15, 2021. Defendant's expert disclosures are due February 15, 2021. Depositions shall be completed by March 2, 2021. Discovery shall be completed by March 4, 2021. If any party intends to file a dispositive motion, that party shall, in accordance with 6.A of the Court's Individual Rules and Practices in Civil Cases, file a pre-motion letter by March 9, 2020. The Court will hold a pretrial conference on April 22, 2021 at 10:00 a.m. SO ORDERED. (Deposition due by 3/2/2021. Discovery due by 3/4/2021). (Signed by Judge John P. Cronan on 10/8/2020) (rjm)
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| Set/Reset Hearings: Pretrial Conference set for 4/22/2021 at 10:00 AM before Judge John P. Cronan. (rjm) |
| Filing 18 JOINT LETTER MOTION for Extension of Time of Deadlines addressed to Judge John P. Cronan from Christy Mennen and Steven L. Sonkin dated 10/08/2020. Document filed by Future Motion, Inc...(Mennen, Christine) |
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Filing 17
NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. The conference scheduled for January 21, 2021 at 3:30 p.m. is adjourned to January 22, 2020 at 10:00 a.m. The conference shall take place in Courtroom 20C of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. All counsel must familiarize themselves with the Courts Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter, described below, updating the Court on the status of the case. If this case has been settled or otherwise terminated, counsel are not required to submit such letter or to appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the joint letter submission deadline, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions 13.17-13.19, available at http://nysd.uscourts.gov /ecf_filing.php. In accordance with the Courts Individual Rules and Practices, requests for extensions or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours before the deadline or scheduled appearance, absent compelling circumstances. The written submission must state (1) the original date(s) set for the appearance or deadline(s) and the new date(s) requested; (2) the reason(s) for the request; (3) the number of previous requests for adjournment or extension; (4) whether these previous requests were granted or denied; and (5) whether opposing counsel consents, and, if not, the reasons given by opposing counsel for refusing to consent. (And as further set forth herein.) SO ORDERED. (Final Pretrial Conference set for 1/22/2021 at 10:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 10/8/2020) (jca)
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| NOTICE OF CASE REASSIGNMENT to Judge John Peter Cronan. Judge Jed S. Rakoff is no longer assigned to the case. (laq) |
| Filing 16 NOTICE OF APPEARANCE by Christine M Mennen on behalf of Future Motion, Inc...(Mennen, Christine) |
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Filing 15
ORDER FOR ADMISSION PRO HAC VICE granting #12 Motion for Christine M. Mennen to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 8/25/2020) (jwh)
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Filing 14
PROTECTIVE ORDER regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Jed S. Rakoff on 8/24/2020) (jwh)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Protective Order to be filed seperately. MOTION for Christine M. Mennen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21275677. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 13 PROPOSED PROTECTIVE ORDER. Document filed by Future Motion, Inc...(Cafaro, Christopher) |
| Filing 12 MOTION for Protective Order to be filed seperately., MOTION for Christine M. Mennen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21275677. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Future Motion, Inc.. (Attachments: #1 Affidavit of Christine M. Mennen, #2 Order for Admission Pro Hac VIce, #3 Certificate of Good Standing (WI State - 2020), #4 Certificate of Good Standing (MN State - 2020)).(Cafaro, Christopher) |
| Filing 11 CIVIL CASE MANAGEMENT PLAN: Ready for Trial by 1/21/2021. The case is to be tried to a jury. Amended Pleadings due by 10/1/2020. Joinder of Parties due by 9/14/2020. Motions due by 12/9/2020. Discovery due by 12/4/2020. Responses due by 12/24/2020 Replies due by 1/8/2021. Deposition due by 12/2/2020. Oral Argument set for 1/21/2021 at 03:30 PM before Judge Jed S. Rakoff. Final Pretrial Conference set for 1/21/2021 at 03:30 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 8/21/2020) (jwh) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 8/21/2020. A telephonic initial pretrial conference was held before Judge Rakoff on August 21, 2020. Present were counsel for both sides and court reporter Kristen Carannante. Court's decision: a final pretrial conference will be held on January 21, 2021 at 3:30pm. (kgo) |
| Filing 10 RULE 26 DISCLOSURE.Document filed by Future Motion, Inc...(Cafaro, Christopher) |
| Filing 9 NOTICE OF APPEARANCE by Daniella Levi on behalf of Shaun Martinez..(Levi, Daniella) |
| Filing 8 NOTICE OF COURT CONFERENCE: Initial Conference set for 8/21/2020 at 11:00 AM before Judge Jed S. Rakoff. The dial-in information for the call will be as follows: USA Toll-Free (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415. (Signed by Judge Jed S. Rakoff on 8/7/2020) (rro) |
| Filing 7 ANSWER to Complaint with JURY DEMAND. Document filed by Future Motion, Inc.. (Attachments: #1 Affidavit of Service).(Cafaro, Christopher) |
| Filing 6 NOTICE OF APPEARANCE by Steven Lee Sonkin on behalf of Shaun Martinez..(Sonkin, Steven) |
| Filing 5 NOTICE of Filing of Removal. Document filed by Future Motion, Inc.. (Attachments: #1 Exhibit A - Notice of Removal, #2 Affidavit of Service, #3 E-File Confirmation).(Cafaro, Christopher) |
| Filing 4 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 150822/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-20970131).Document filed by Future Motion, Inc.. (Attachments: #1 Exhibit A - Summons & Complaint, #2 Exhibit B- Document List from Supreme Court, #3 Exhibit C - Amount Controversy).(Cafaro, Christopher) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher T. Cafaro. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 5 (Incorporated/Principal Place of Business-Other State); Jury Demand code b (Both); County code New York;. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 2 (Citizen of Another State); the Jury Demand code has been modified to d (Defendant); the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christopher T. Cafaro to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): pursuant to Rule 13.3, exhibits must be separated and labeled (i.e. Summons and Complaint). Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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..(jgo) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Future Motion, Inc...(Cafaro, Christopher) |
| Filing 2 CIVIL COVER SHEET filed..(Cafaro, Christopher) |
| Filing 1 FILING ERROR - EXHIBIT ERROR - NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 150822/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-20947592).Document filed by Future Motion, Inc.. (Attachments: #1 Exhibit A through C).(Cafaro, Christopher) Modified on 8/3/2020 (jgo). |
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