Berlinbayev et al v. Turkish Airlines Inc.
| Aidar Berlinbayev and Nagima Alzhan |
| Turkish Airlines Inc. |
| 1:2022cv08294 |
| September 28, 2022 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Contract: Other |
| 49 U.S.C. § 40105 Warsaw Convention |
| None |
Docket Report
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This docket was last retrieved on October 27, 2022. A more recent docket listing may be available from PACER.
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Filing 14
ORDER OF DISMISSAL The Court having been advised at ECF Nos. 10 and 12 that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within sixty (60) days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences, including the November 2, 2022 Initial pretrial Conference, are cancelled. The Clerk of Court is directed to CLOSE the case. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/26/2022) (jca)
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| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by Nagima Alzhan, Aidar Berlinbayev..(Chivily, Nicholas) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Nicholas Chivily to RE-FILE Document #12 Proposed Order. Use the event type Proposed Orders, Proposed Stipulation and Order. (km) |
| Filing 12 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Nagima Alzhan, Aidar Berlinbayev..(Chivily, Nicholas) Proposed Order to be reviewed by Clerk's Office staff. Modified on 10/26/2022 (km). |
| Filing 11 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Nagima Alzhan, Aidar Berlinbayev..(Chivily, Nicholas) Proposed Order to be reviewed by Clerk's Office staff. Modified on 10/25/2022 (km). |
| Filing 10 NOTICE of Settlement . Document filed by All Plaintiffs..(Chivily, Nicholas) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Nicholas Chivily to RE-FILE Document #11 Proposed Order. Use the event type Proposed Orders, Proposed Stipulation and Order. (km) |
| Filing 9 NOTICE OF APPEARANCE by Nicholas A. Chivily on behalf of Nagima Alzhan, Aidar Berlinbayev..(Chivily, Nicholas) |
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on November 2, 2022 at 11:30 a.m. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The joint letter shall not exceed three (3) pages, and shall provide the following information in separate paragraphs: as set forth herein. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. Initial Conference set for 11/2/2022 at 11:30 AM before Judge Jennifer L. Rochon. (Signed by Judge Jennifer L. Rochon on 10/14/2022) (ama)
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| Filing 7 LETTER addressed to Judge Jennifer L. Rochon from Michael Goldfarb dated October 13, 2022 re: response to notice of removal, including Montreal Convention. Document filed by Nagima Alzhan, Aidar Berlinbayev..(Chivily, Nicholas) |
| Filing 6 ANSWER to Complaint. Document filed by Turkish Airlines Inc...(Loh, David) |
| Filing 5 AFFIDAVIT OF SERVICE of Notice of Removal (Docket No. 1) and Notice of Electronic Court Filing (Docket No. 4) served on Aidar Berlinbayev and Nagima Alzhan, on 09/30/2022. Service was made by MAIL. Document filed by Turkish Airlines Inc...(Loh, David) |
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Filing 4
ORDER re: #1 Notice of Removal filed by Turkish Airlines Inc.Defendant has removed this case from the Supreme Court, County of Bronx, New York relying on 28 U.S.C. 1441. See ECF No. 1. By 10/14/2022, Plaintiff shall file a letter of no more than four (4) pages responding to Defendants Notice of Removal, including whether the Convention for the Unification of Certain Rules for International Carriage by Air done at Montreal May 28, 1999 reprinted in S. Treaty Doc. No. 106-45 (Montreal Convention) governs the rights between the parties in this lawsuit. (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (aba)
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Yita Loh. The party information for the following party/parties has been modified: AIDAR BERLINBAYEV; NAGIMA ALZHAN. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Yita Loh. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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 Gabriel W. Gorenstein 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 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Turkish Wealth Fund, Other Affiliate Republic of Turkey Ministry of Treasury and Finance Privatization Administration for Turkish Airlines Inc.. Document filed by Turkish Airlines Inc...(Loh, David) |
| Filing 2 CIVIL COVER SHEET filed..(Loh, David) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 812215/2022E. (Filing Fee $ 402.00, Receipt Number ANYSDC-26745925).Document filed by Turkish Airlines Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Loh, David) |
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