Montalbano v. Englert et al
Plaintiff: Nicole Montalbano
Defendant: Bridget Englert, Donald Englert, John A. Englert and John Englert
Case Number: 1:2020cv06417
Filed: August 13, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Gregory H Woods
Nature of Suit: Marine
Cause of Action: 28:1333pi
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 30, 2020 Filing 20 DECLARATION of Alexander M. Levy in Support re: #18 MOTION to Remand to State Court .. Document filed by Nicole Montalbano. (Attachments: #1 Exhibit A, #2 Exhibit B).(Levy, Alexander)
September 30, 2020 Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Remand to State Court . . Document filed by Nicole Montalbano..(Levy, Alexander)
September 30, 2020 Filing 18 MOTION to Remand to State Court . Document filed by Nicole Montalbano. Return Date set for 10/30/2020 at 09:00 AM..(Levy, Alexander)
September 29, 2020 Filing 17 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/16/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
September 29, 2020 Filing 16 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/16/2020 before Judge Gregory H. Woods. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/20/2020. Redacted Transcript Deadline set for 10/30/2020. Release of Transcript Restriction set for 12/28/2020..(McGuirk, Kelly)
September 16, 2020 Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 9/16/2020. (Daniels, Anthony)
September 16, 2020 Filing 15 MEMO ENDORSEMENT on re: #9 FIRST LETTER MOTION for Leave to File Motion to Remand addressed to Judge Gregory H. Woods from Alexander M. Levy dated 09/11/2020 filed by Nicole Montalbano. ENDORSEMENT: As stated on the record during the pre-motion conference on September 16, 2020, Plaintiff's September 11, 2020 request for leave to file a motion to remand, Dkt No. 9, is granted. Plaintiff's motion to remand is due no later than September 30, 2020. Defendants' opposition is due no later than three weeks following the date of service of Plaintiff's motion. Plaintiff's reply, if any, is due one week following the date of service of Defendants' opposition. ( Motions due by 9/30/2020.) (Signed by Judge Gregory H. Woods on 9/16/2020) (mro)
September 16, 2020 Filing 14 LETTER RESPONSE in Opposition to Motion addressed to Judge Gregory H. Woods from James E. Mercante dated September 16, 2020 re: #9 FIRST LETTER MOTION for Leave to File Motion to Remand addressed to Judge Gregory H. Woods from Alexander M. Levy dated 09/11/2020. . Document filed by Bridget Englert, Donald Englert, John Englert..(Mercante, James)
September 14, 2020 Filing 13 MEMO ENDORSEMENT on re: #12 Letter filed by Nicole Montalbano. ENDORSEMENT: Application granted. The deadline for Plaintiff to file a motion to remand is extended to September 25, 2020. ( Motions due by 9/25/2020.) (Signed by Judge Gregory H. Woods on 9/14/2020) (mro)
September 14, 2020 Filing 12 LETTER addressed to Judge Gregory H. Woods from Alexander M. Levy dated 09/14/2020 re: Extension of Time to File Motion. Document filed by Nicole Montalbano..(Levy, Alexander)
September 12, 2020 Set/Reset Hearings:( Telephone Conference set for 9/16/2020 at 03:00 PM before Judge Gregory H. Woods.) (mro)
September 12, 2020 Opinion or Order Filing 11 ORDER granting #9 Letter Motion for Leave to File Document. Plainitff's request for a pre-motion conference is granted. The Court will hold a teleconference regarding Plaintiff's proposed motion to remand on September 16, 2020 at 3 p.m. The parties are directed to consult the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for dial-in information and other instructions. The parties are specifically directed to comply with Emergency Rule 2(C). (Signed by Judge Gregory H. Woods on 9/12/2020) (mro)
September 11, 2020 Filing 10 LETTER addressed to Judge Gregory H. Woods re: Order to Show Cause to Transfer Venue. Document filed by Bridget Englert, Donald Englert, John Englert..(Federici, Joseph)
September 11, 2020 Filing 9 FIRST LETTER MOTION for Leave to File Motion to Remand addressed to Judge Gregory H. Woods from Alexander M. Levy dated 09/11/2020. Document filed by Nicole Montalbano..(Levy, Alexander)
September 11, 2020 Filing 8 NOTICE OF APPEARANCE by Alexander Mark Levy on behalf of Nicole Montalbano..(Levy, Alexander)
September 4, 2020 Opinion or Order Filing 7 ORDER TO SHOW CAUSE: On August 17, 2020, the Court ordered the parties to show cause why this case should not be transferred to the Eastern District of New York by August 24, 2020. Dkt No. 6. The parties did not respond to the Court's prior order. Accordingly, the parties are again ORDERED to show cause no later than September 11, 2020 why this case should not be transferred to the Eastern District of New York. The Court will transfer the action sua sponte if the parties again fail to respond to the Court's order. Counsel for Defendants is directed to serve a copy of this order on Plaintiff and to retain proof of service. (Signed by Judge Gregory H. Woods on 9/4/2020) (mro)
August 17, 2020 Opinion or Order Filing 6 ORDER TO SHOW CAUSE: Accordingly, the parties are directed to show case no later than August 24, 2020 why this case should not be transferred to the Eastern District of New York. The parties may also inform the Court if they consent to the transfer of the case to the Eastern District by the same date. (Signed by Judge Gregory H. Woods on 8/17/2020) (mro)
August 14, 2020 Filing 5 CIVIL COVER SHEET filed..(Mercante, James)
August 14, 2020 Filing 4 ANSWER to Complaint. Document filed by Bridget Englert, Donald Englert, John Englert..(Federici, Joseph)
August 14, 2020 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James Edward Mercante. The party information for the following party/parties has been modified: John Englert. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pne)
August 14, 2020 Case Designated ECF. (pne)
August 14, 2020 Magistrate Judge Ona T. Wang 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. (pne)
August 14, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(pne)
August 14, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney James Edward Mercante to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the second page of the Civil Cover sheet is missing. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne)
August 13, 2020 Filing 3 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 155171/2020..Document filed by John A. Englert, Bridget Englert, Donald Englert. (Attachments: #1 Exhibit 1 - Summons and Complaint).(Mercante, James)
August 13, 2020 Filing 2 FILING ERROR - PDF ERROR -CIVIL COVER SHEET filed..(Mercante, James) Modified on 8/14/2020 (pne).
August 13, 2020 Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 155171/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-21141052).Document filed by Nicole Montalbano. (Attachments: #1 Exhibit 1 - Summons & Complaint).(Mercante, James) Modified on 8/13/2020 (jgo).

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Defendant: Bridget Englert
Represented By: James Edward Mercante
Represented By: Joseph Robert Federici
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Defendant: Donald Englert
Represented By: James Edward Mercante
Represented By: Joseph Robert Federici
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Defendant: John A. Englert
Represented By: James Edward Mercante
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Defendant: John Englert
Represented By: James Edward Mercante
Represented By: Joseph Robert Federici
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Plaintiff: Nicole Montalbano
Represented By: Alexander Mark Levy
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