Stein v. Kansas City Southern et al
| Shiva Stein and Alex Ciccotelli |
| Patrick J. Ottensmeyer, Antonio O. Garza, Jr., Lu M. Cordova, Kansas City Southern, David Garza-Santos, Janet H. Kennedy, Mitchell J. Krebs, Lydia I. Beebe, Thomas A. McDonnell, Robert J. Druten and Henry J. Maier |
| Michael James |
| Canadian National Railway Company and Brooklyn Merger Sub, Inc. |
| 1:2021cv05551 |
| June 24, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 12, 2021. A more recent docket listing may be available from PACER.
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Filing 17
PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL: PLEASE TAKE NOTICE that, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), plaintiff hereby voluntarily dismisses the above-captioned action (the "Action"). Defendants have filed neither an answer nor a motion for summary judgment in the Action. This case is hereby dismissed. The Clerk of Court is respectfully directed to close case 21-CV-5800. The Clerk is further directed to terminate Plaintiff Alex Ciccotelli from 21-CV-5551 and to close case 21-CV-5551. SO ORDERED., Alex Ciccotelli and Alex Ciccotelli terminated. (Signed by Judge Valerie E. Caproni on 8/12/2021) (ama)
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Filing 16
NOTICE OF VOLUNTARY DISMISSAL: Notice is hereby given that pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Shiva Stein hereby voluntarily dismisses her individual claims in the above-captioned action (the "Action") with prejudice. Because this notice of dismissal is being filed with the Court before service by Defendants of either an answer or a motion for summary judgment, Plaintiff's dismissal of the Action is effective upon filing of this notice. Application GRANTED. The Clerk of Court is respectfully directed to terminate Plaintiff Shiva Stein. SO ORDERED., Shiva Stein terminated. (Signed by Judge Valerie E. Caproni on 8/11/2021) (ama)
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| Filing 15 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Lydia I. Beebe, Lu M. Cordova, Robert J. Druten, Antonio O. Garza, Jr, David Garza-Santos, Kansas City Southern, Janet H. Kennedy, Mitchell J. Krebs, Henry J. Maier, Thomas A. McDonnell, Patrick J. Ottensmeyer. Document filed by Shiva Stein. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Melwani, Gloria) |
| Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Lydia I. Beebe, Lu M. Cordova, Robert J. Druten, Antonio O. Garza, Jr, David Garza-Santos, Kansas City Southern, Janet H. Kennedy, Mitchell J. Krebs, Henry J. Maier, Thomas A. McDonnell, Patrick J. Ottensmeyer. Document filed by Shiva Stein. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Melwani, Gloria) Modified on 8/11/2021 (km). |
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Filing 13
NOTICE OF VOLUNTARY DISMISSAL: Notice is hereby given that pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Michael James voluntarily dismisses his claims in the above-captioned action against Defendants as moot. This notice of dismissal is being filed with the Court before service by Defendants of either an answer or a motion for summary judgment. Application GRANTED. The Clerk of Court is respectfully directed to terminate Plaintiff Michael James from 21- CV-5551. The Clerk is further directed to close the member case 21-CV-5726. SO ORDERED., Michael James terminated. (Signed by Judge Valerie E. Caproni on 8/11/2021) Filed In Associated Cases: 1:21-cv-05551-VEC, 1:21-cv-05726-VEC (ama)
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| Filing 12 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Lydia I. Beebe, Brooklyn Merger Sub, Inc., Canadian National Railway Company, Lu M. Cordova, Robert J. Druten, Antonio O. Garza, Jr, David Garza-Santos, Kansas City Southern, Janet H. Kennedy, Mitchell J. Krebs, Henry J. Maier, Thomas A. McDonnell, Patrick J. Ottensmeyer. Document filed by Michael James. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Monteverde, Juan) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #12 Notice of Voluntary Dismissal was reviewed and referred to Judge Valerie E. Caproni for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Gloria Melwani. RE-FILE Document No. #14 Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong case number is on the document. Re-file the document using the event type Notice of Voluntary Dismissal found under the event list Notices - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #15 Notice of Voluntary Dismissal was reviewed and referred to Judge Valerie E. Caproni for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
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Filing 11
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that, by no later than Thursday, August 12, 2021, the parties must show cause why 21-CV-6670 should not be consolidated with 21-CV-5551, 21-CV-5726, 21-CV-5800, 21-CV-6590, and 21-CV-6633 pursuant to Federal Rule of Civil Procedure 42. If no parties file an objection to the consolidation by the deadline, the Court will consolidate the cases. (Signed by Judge Valerie E. Caproni on 8/9/2021) (rro)
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Filing 10
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that, by no later than Thursday, August 12, 2021, the parties must show cause why the two cases, 21-CV-6590 and 21-CV-6633, should not be consolidated with 21-CV-5551, 21-CV-5726, and 21-CV-5800 pursuant to Federal Rule of Civil Procedure 42. If no parties file an objection to the consolidation by the deadline, the Court will consolidate the cases.SO ORDERED. Show Cause Response due by 8/12/2021. (Signed by Judge Valerie E. Caproni on 8/09/2021) (ama)
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| Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. Lydia I. Beebe waiver sent on 8/2/2021, answer due 10/1/2021; Lu M. Cordova waiver sent on 8/2/2021, answer due 10/1/2021; Robert J. Druten waiver sent on 8/2/2021, answer due 10/1/2021; Antonio O. Garza, Jr waiver sent on 8/2/2021, answer due 10/1/2021; David Garza-Santos waiver sent on 8/2/2021, answer due 10/1/2021; Kansas City Southern waiver sent on 8/2/2021, answer due 10/1/2021; Janet H. Kennedy waiver sent on 8/2/2021, answer due 10/1/2021; Mitchell J. Krebs waiver sent on 8/2/2021, answer due 10/1/2021; Henry J. Maier waiver sent on 8/2/2021, answer due 10/1/2021; Thomas A. McDonnell waiver sent on 8/2/2021, answer due 10/1/2021; Patrick J. Ottensmeyer waiver sent on 8/2/2021, answer due 10/1/2021. Document filed by Shiva Stein..(Melwani, Gloria) |
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Filing 8
ORDER: IT IS HEREBY ORDERED that these three matters are consolidated pursuant to Federal Rule of Civil Procedure 42. The Court reminds the parties that an initial pretrial conference is scheduled for August 20, 2021 at 11:30 A.M. Pre-conference submissions are due no later than Thursday, August 12, 2021. For the conference dial in information and for a description of the requirements of the pre-conference submissions, the parties should consult the Court's order in 21-CV-5551 at docket entry 3. The Clerk of Court is respectfully directed to consolidate 21-CV-5551, 21 CV-5726, and 21-CV-5800, and to designate 21-CV-5551 as the lead case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/1/2021) Filed In Associated Cases: 1:21-cv-05551-VEC, 1:21-cv-05726-VEC, 1:21-cv-05800-VEC (kv)
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| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE re: #5 Order to Show Cause, #4 Order to Show Cause, #6 Order to Show Cause,. Document filed by Shiva Stein, Alex Ciccotelli..(Serra, Gina) |
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Filing 6
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that Plaintiffs in the three matters must show cause, no later than Friday, July 30, 2021, why these three cases should not be dismissed without prejudice for failure to prosecute. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/27/2021) (ama)
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| Set/Reset Deadlines: Show Cause Response due by 7/30/2021. (ama) |
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Filing 5
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that, by no later than Friday, July 23, 2021, the parties must show cause why these three cases, 21-CV-5551, 21-CV-5726, and 21-CV-5800, should not be consolidated under Federal Rule of Civil Procedure 42. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/9/2021) (va)
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Filing 4
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that, by no later than Friday, July 23, 2021, the parties must show cause why these two cases should not be consolidated under Federal Rule of Civil Procedure 42. SO ORDERED. Show Cause Response due by 7/23/2021. (Signed by Judge Valerie E. Caproni on 7/02/2021) (ama)
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Filing 3
NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on August 20, 2021 at 11:30 a.m. by teleconference. At the scheduled time, counsel for all parties should call 888-363-4749, Access code 3121171#, Security code 5551. (As further set forth in this Order.) Initial Conference set for 8/20/2021 at 11:30 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 6/28/2021) (cf)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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 2 CIVIL COVER SHEET filed..(Melwani, Gloria) |
| Filing 1 COMPLAINT against Lydia I. Beebe, Lu M. Cordova, Robert J. Druten, Antonio O. Garza, Jr, David Garza-Santos, Kansas City Southern, Janet H. Kennedy, Mitchell J. Krebs, Henry J. Maier, Thomas A. McDonnell, Patrick J. Ottensmeyer. (Filing Fee $ 402.00, Receipt Number ANYSDC-24717746)Document filed by Shiva Stein..(Melwani, Gloria) |
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