Sirmans v. Qatar Airways
| Marcus Sirmans |
| Qatar Airways Q.C.S.C. and Qatar Airways |
| 1:2022cv06357 |
| July 26, 2022 |
| US District Court for the Southern District of New York |
| James L Cott |
| Gregory H Woods |
| Personal Property: Other |
| 28 U.S.C. § 1602 Foreign Sovereign Immunities Act |
| None |
Docket Report
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| Mailed a copy of 11 Order, #12 Order of Discontinuance, to Marcus L. Sirmans at 201 West 70th Street, Apt. 23L, New York, NY 10023. (dsh) |
Filing 12
ORDER: Accordingly, it is hereby ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal.1 Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is further directed to terminate all pending motions, adjourn all remaining dates, and to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/15/2022) (rro)
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Filing 11
ORDER. In light of the parties' reported settlement, the conference scheduled for today is adjourned sine die. I will report the parties' settlement to Judge Woods, who will likely issue a 30-day order of dismissal. The parties are commended for reaching a settlement at this early stage of the case. (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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| Filing 10 NOTICE of Settlement and request for adjournment. Document filed by Qatar Airways..(Weissman, Philip) |
| Mailed a copy of #8 Order for Initial Pretrial Conference to Marcus L. Sirmans at 201 West 70th Street, Apt. 23L, New York, NY 10023.(kh) |
| Filing 9 NOTICE OF APPEARANCE by Andrew J Harakas on behalf of Qatar Airways..(Harakas, Andrew) |
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Filing 8
ORDER FOR CONFERENCE PURSUANT TO RULE 16: Counsel should contact chambers using the Court's conference line, (877) 873-8017 (Access Code: 5277586). (And as further set forth herein.) SO ORDERED. Initial Conference set for 9/15/2022 at 10:00 AM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 8/9/2022) (jca)
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| Filing 7 ANSWER to Complaint. Document filed by Qatar Airways..(Weissman, Philip) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Qatar Airways..(Weissman, Philip) |
| Mailed a copy of 5 Order to Marcus L. Sirmans at 201 West 70th Street, Apt. 23L, New York, NY 10023. (kh) |
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Filing 5
ORDER. By the Court's calculation, under Rule 81(c)(2) of the Federal Rules of Civil Procedure, the time for defendant to answer the complaint (now that this case has been removed as of July 26) has passed and to date no answer has been filed. Specifically, since defendant was served with the complaint on July 6, the time for it to respond to the complaint was no later than 7 days after the notice of removal was filed (i.e., August 3). Accordingly, the Court sua sponte extends defendant's time to file its answer or otherwise respond to the complaint until August 15. Given the nature of the claim presented in this case, the parties are directed to meet and confer to see if they can resolve this dispute on their own, or alternatively (if they cannot resolve it on their own) advise the Court by letter whether they are willing to participate in an early settlement conference with the Court (or with a mediator from the Court mediation program). (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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| Mailed a copy of #4 Order Referring Case to Magistrate Judge, to Marcus L. Sirmans at 201 West 70th Street, Apt. 23L, New York, NY 10023. (dsh) |
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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). All such Motions. Referred to Magistrate Judge James L. Cott. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/29/2022) (ama)
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| Filing 2 CIVIL COVER SHEET filed..(Weissman, Philip) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Philip Richard Weissman. The party information for the following party/parties has been modified: Qatar Airways Q.C.S.C., Marcus Sirmans. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party name entered incorrectly. (vf) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Philip Richard Weissman. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Philip Richard Weissman. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 4 (Diversity); Cause of Action code 07:1 Personal Property; Origin code 1 (Original Proceeding); Dollar Demand 155,000,000. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 3 (Federal Question); the Cause of Action code has been modified to 28:1602 Foreign Sovereign Immunities Act; the Origin code has been modified to 2 (Removal from State Court); the Dollar Demand has been modified to 155,000. (vf) |
| 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. (vf) |
| 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) |
| Case Designated ECF. (vf) |
| Filing 1 NOTICE OF REMOVAL from New York State Supreme Court, County of New York. Case Number: 100607/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26467135).Document filed by Qatar Airways Q.C.S.C.. (Attachments: #1 Exhibit A).(Weissman, Philip) |
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