Barry v. Royal Air Maroc
| Aliou Barry |
| Royal Air Maroc |
| 1:2021cv08481 |
| October 14, 2021 |
| US District Court for the Southern District of New York |
| Barbara C Moses |
| Gregory H Woods |
| Contract: Other |
| 28 U.S.C. ยง 1330 |
| None |
Docket Report
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| Document Text |
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| Mailed a copy of #9 Mediation Referral Order, to Aliou Barry at 675 Morris Avenue, Apt. 6B, Bronx, NY 10451. (dsh) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 12/27/2021.(ah) |
| Filing 10 NOTICE OF APPEARANCE by Zachary David Groendyk on behalf of Royal Air Maroc..(Groendyk, Zachary) |
Filing 9
MEDIATION REFERRAL ORDER: This action is referred for mediation to the Court-annexed Mediation Program. The mediation shall take place no later than January 2022 before a mediator experienced in property damage claims against airlines. In this action, which was filed in state court on August 31, 2021, the pro se plaintiff claims that in April 2019, defendant Royal Air Maroc (RAM) lost three pieces of his luggage, containing many valuable items he had purchased for his family, somewhere between New York and Cairo. Defendant RAM, which removed the case to this Court pursuant to 28 U.S.C. 1330(a), 1331, and 1441(a) and (d), and has filed an answer, asserts that the case is governed by the 1999 Montreal Convention, which required plaintiff to bring his claim within two years after his trip to Cairo and which, in any event, caps its damages at approximately $1800. The parties are notified that Local Civil Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. Prior to the mediation, the plaintiff shall provide to defendant's counsel copies of all documents in his possession, custody, and control documenting the loss of his luggage and/or the value of the contents. No later than one week after the conclusion of the mediation, the parties shall notify the Court whether they successfully resolved the case. Discovery and merits motion practice are STAYED pending the conclusion of the mediation. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 12/3/2021. (Signed by Magistrate Judge Barbara C. Moses on 11/23/2021) (rro)
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| Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Initial Case Management Conference held on 11/22/2021. (Snell, Kevin) |
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Filing 8
ORDER: The Order Scheduling Initial Pretrial Conference (Dkt. No. 7), mailed to plaintiff Aliou Barry at 675 Morris Avenue, Bronx, New York 10451 (the address provided on Barry's Notice of Claim and Summons to Appear (Dkt. No. 1-1)) was returned due to an "insufficient address." However, the Court notes that plaintiff's address is listed with an apartment number in defendant's Answer (Dkt. No. 5). The Clerk of Clerk is respectfully directed to mail a copy of this Order, as well as the Order at Dkt. No. 7, to plaintiff at: Aliou Barry 675 Morris Avenue, Apt. 6B Bronx, New York 10451 and to update plaintiff's address accordingly. (Signed by Magistrate Judge Barbara C. Moses on 11/10/2021) (ate) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #7 Order for Initial Pretrial Conference, #8 Order, to Aliou Barry at 675 Morris Avenue, Apt. 6B, Bronx, New York 10451. (dsh) |
| Received returned mail re: #7 Order for Initial Pretrial Conference. Mail was addressed to Aliou Barry, 675 Morris Avenue, Bronx, NY 10451 and was returned for the following reason(s): Return To Sender Insufficient Address Unable To Forward. (vn) |
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Filing 7
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: It appearing to the Court that no initial case management conference has yet taken place in this action, it is hereby ORDERED that an initial conference in accordance with Fed. R. Civ. P. 16 will be held on November 22, 2021, at 11:00 a.m., via teleconference. At that time, parties should dial (888) 557-8511 and enter the access code: 7746387. At the conference, the parties must be prepared to discuss the subjects set forth in Fed. R. Civ. P. 16(b) and (c).It is further ORDERED that each party confer with all other parties to make sure that all parties, or their attorneys, have a copy of this Order and can attend the conference. If any party needs to change the date of the conference, that party must make the request, by letter, as soon as the need for a different date is known. Please see 2(a) of Judge Moses's Individual Practices for a description of what information must be contained in that letter. It is further ORDERED that the parties come to the conference prepared to discuss the following subjects: and further set forth in this Order. The Clerk of the Court is respectfully directed to mail a copy of this order to plaintiff. Initial Conference set for 11/22/2021 at 11:00 AM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 10/22/2021) (rro) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #7 Order for Initial Pretrial Conference, to Aliou Barry at 675 Morris Avenue, Bronx, NY 10451. (dsh) |
| Filing 5 ANSWER to Complaint. Document filed by Royal Air Maroc..(Maggio, John) |
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Filing 4
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) and All such motions. Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Gregory H. Woods on 10/16/2021) (rro)
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| 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..(vf) |
| Magistrate Judge Barbara C. Moses 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Royal Air Maroc..(Maggio, John) |
| Filing 2 CIVIL COVER SHEET filed..(Maggio, John) |
| Filing 1 NOTICE OF REMOVAL from Civil Court, Small Claims, County of Bronx. Case Number: SC-000922-21/BX. (Filing Fee $ 402.00, Receipt Number ANYSDC-25196029).Document filed by Royal Air Maroc. (Attachments: #1 Exhibit Notice of Claim and Summons).(Maggio, John) |
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| Plaintiff: Aliou Barry | |
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| Defendant: Royal Air Maroc | |
| Represented By: | John Maggio |
| Represented By: | Zachary David Groendyk |
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