Cueto De Pena et al v. Piontkewicz et al
| Jose E Pena and Luisa Cueto De Pena |
| Dean Piontkewicz and Jeremy D Piontkewicz |
| 1:2020cv06215 |
| August 7, 2020 |
| US District Court for the Southern District of New York |
| James L Cott |
| Motor Vehicle |
| 28 U.S.C. § 1441 mv |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 22, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 22
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). 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 approximately 3-5 DAYS, separate and apart from jury selection. Deposition due by 12/18/2020. Fact Discovery due by 1/6/2021. Expert Discovery due by 2/19/2021. Case Management Conference set for 1/14/2021 at 10:00 AM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 9/18/2020) (kv)
|
| Minute Entry for proceedings held before Magistrate Judge James L. Cott: Initial Pretrial Conference held on 9/17/2020. (Tam, David) |
| Filing 21 NOTICE OF APPEARANCE by Ashley Renee Graham on behalf of Dean Piontkewicz, Jeremy D Piontkewicz..(Graham, Ashley) |
|
Filing 20
ORDER granting #19 Letter Motion to Adjourn Conference. The conference scheduled on September 17 at noon is hereby rescheduled for September 17 at 2 p.m. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
|
| Filing 19 FIRST LETTER MOTION to Adjourn Conference scheduled for 9/17/2020 addressed to Magistrate Judge James L. Cott from Toni Kong dated 09/11/2020. Document filed by Luisa Cueto De Pena, Jose E Pena..(Kong, Toni) |
|
Filing 18
ORDER FOR CONFERENCE PURSUANT TO RULE 16: The Court shall hold an initial case management conference in accordance with Fed. R. Civ. P. 16(a), September 17, 2020 at 12:00 p.m. Counsel should contact chambers using the Court's conference line, (877) 873-8017 (Access Code: 5277586). Initial Conference set for 9/17/2020 at 12:00 PM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 9/10/2020) (kv)
|
|
Filing 17
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties consent to conduction all further proceedings before a Magistrate Judge, including motions and trial. 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 approximately 3-5 days, separate and apart of jury selection. Deposition due by 12/18/2020. Fact Discovery due by 1/6/2021. Expert Discovery due by 2/19/2021. (Signed by Judge Paul A. Engelmayer on 9/9/2020) (nb)
|
|
Filing 16
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE: IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge James L. Cott. (Signed by Judge Paul A. Engelmayer on 9/9/2020).(jca)
|
| Filing 15 NOTICE of NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE. Document filed by Luisa Cueto De Pena, Jose E Pena..(Kong, Toni) |
|
Filing 14
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY re: #10 Notice of Substitution of Attorney, filed by Dean Piontkewicz, Jeremy D Piontkewicz, The substitution of attorney is here by approved and so ORDERED. (Signed by Judge Paul A. Engelmayer on 9/8/2020) Attorney Bonnie Lynn Fisher terminated. (ks)
|
| Filing 13 LETTER addressed to Judge Paul A. Engelmayer from Law office of James J. Toomey dated 9/4/2020 re: Response to August 11, 2020 order. Document filed by Dean Piontkewicz, Jeremy D Piontkewicz..(Feldman, Eric) |
| Filing 12 PROPOSED CASE MANAGEMENT PLAN. Document filed by Luisa Cueto De Pena, Jose E Pena. (Attachments: #1 JOINT LETTER).(Kong, Toni) |
| Filing 11 NOTICE OF APPEARANCE by Kenneth Bruce Brown on behalf of Dean Piontkewicz, Jeremy D Piontkewicz..(Brown, Kenneth) |
| Filing 10 NOTICE of Substitution of Attorney. Old Attorney: Thomas K. Moore, New Attorney: James J. Toomey, Address: James J. Toomey, 485 Lexington Ave 7th Floor, New York, New York, USA 10017, 9177786600. Document filed by Dean Piontkewicz, Jeremy D Piontkewicz..(Feldman, Eric) |
|
Filing 9
ORDER: Due to a scheduling conflict, the initial pretrial conference presently scheduled for September 8, 2020 at 2:00 p.m. is rescheduled for 10:00 a.m. the same day. SO ORDERED. (Initial Conference set for 9/8/2020 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 8/31/2020) (rro)
|
| Filing 8 NOTICE OF APPEARANCE by Toni Karmin Kong on behalf of Luisa Cueto De Pena, Jose E Pena. (Attachments: #1 Supplement Declaration of Counsel - Compensatory Damages Exceeding $75,000.00).(Kong, Toni) |
| Filing 7 AFFIDAVIT OF SERVICE of NOTICE OF ENTRY AND USDC NOTICE OF INITIAL PRETRIAL CONFERENCE ORDER DATED 8/11/2020 served on Kubick & Assocites, PC on 8/12/2020. Service was accepted by State of New York Electronic Filing (NYSCEF). Document filed by Dean Piontkewicz, Jeremy D Piontkewicz..(Fisher, Bonnie) |
| Filing 6 NOTICE OF APPEARANCE by Toni Karmin Kong on behalf of Luisa Cueto De Pena, Jose E Pena..(Kong, Toni) |
| Filing 5 AFFIDAVIT OF SERVICE of NOTICE OF REMOVAL, PETITION FOR REMOVAL, EXHIBITS, ELECTRONIC CASE FILING RULES & INSTRUCTIONS, JUDGE PAUL A. ENGELMAYER INDIVIDUAL RULES & PRACTICES IN CIVIL CASES, CIVIL COVER SHEET served on Kubick & Assocites, PC on 8/11/2020. Service was accepted by by NYSCEF. Document filed by Dean Piontkewicz, Jeremy D Piontkewicz..(Fisher, Bonnie) |
|
Filing 4
ORDER: The Court, by separate order, has today scheduled an initial pretrial conference for September 8, 2020. However, the present record leaves unclear whether the amount-in-controversy requirement for federal jurisdiction has been satisfied, so as to justify the defense's removal of this case from state court. The Court accordingly directs plaintiffs, by Friday, August 14, 2020, to file a declaration of counsel attesting to whether plaintiff is reserving the right to seek more than $75,000 in compensatory damages, and if so, what the factual basis is for that prayer for relief. Upon receipt of this submission, the Court will determine whether to uphold the removal, remand the case to state court on the grounds that plaintiffs are not seeking the requisite amount-in-controversy to sustain diversity jurisdiction, or to seek additional information from counsel. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/11/20/20) (ama)
|
|
Filing 3
NOTICE OF INITIAL PRETRIAL CONFERENCE: An initial pretrial conference is hereby scheduled for September 8, 2020 at 2 p.m. This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers. By the date of the initial pretrial conference, counsel for all parties are required to register as filing users in accordance with the Procedures for Electronic Case Filing. Counsel for the removing defendant(s) are directed to serve a copy of this Order on each other party within 14 days following the date of this order; a copy of this Order must also be served with any subsequent process that brings in additional parties, and proof of such service must be filed promptly with the Court. And as set forth herein. SO ORDERED., ( Telephone Conference set for 9/8/2020 at 02:00 PM before Judge Paul A. Engelmayer.) Initial Conference set for 9/8/2020 at 02:00 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 8/11/20/20) (ama)
|
| Filing 2 CIVIL COVER SHEET filed..(Fisher, Bonnie) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Bonnie Lynn Fisher. The party information for the following party/parties has been modified: Luisa Cueto De Pena; Jose E Pena; Jeremy D Piontkewicz; Dean Piontkewicz. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Bonnie Lynn Fisher. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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 1 NOTICE OF REMOVAL from Supreme, County of Bronx. Case Number: 25374/2020E. (Filing Fee $ 400.00, Receipt Number ANYSDC-21049383).Document filed by Dean Piontkewicz, Jeremy D Piontkewicz. (Attachments: #1 Exhibit Summons and Complaint and Affidavits, #2 Exhibit Police Report, #3 Exhibit Our Answer).(Fisher, Bonnie) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
