Fogo v. United States of America
Plaintiff: Sideke Fogo
Defendant: United States of America
Case Number: 1:2023cv09067
Filed: October 13, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Barbara C Moses
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. ยง 2671 Federal Tort Claims Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 20, 2023 Opinion or Order Filing 12 ORDER: Given that both cases arise out of the same motor vehicle collision; that both plaintiffs were in the same car and have sued the same defendant under the same statute; and that the parties have requested consolidation, it is hereby ORDERED that these cases be CONSOLIDATED for all purposes into the first-filed case, which is No. 23-CV-4780. Plaintiffs may (but are not required to) file a consolidated complaint no later than November 30, 2023. If they proceed on separate complaints, future filings shall bear both captions (as shown above), but shall display only the consolidated docket number, that is, No. 23-CV-4780. In either event, this Order will be the last paper docketed in No. 23-CV-9067, which will be marked closed. The initial case management conference previously scheduled for November 7, 2023, in No. 23-CV-4780 is ADJOURNED to January 11, 2024, at 11:00 a.m. All three parties in the consolidated actions shall submit their Pre-Conference Statement (see Dkt. 29 at 2-3), no later than January 4, 2023. For the reasons set forth above, the Clerk of Court is respectfully directed to CONSOLIDATE these actions and to mark No. 23-CV-9067 as CLOSED. (Amended Pleadings due by 11/30/2023., Initial Conference set for 1/11/2024 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/20/2023) Filed In Associated Cases: 1:23-cv-04780-BCM, 1:23-cv-09067-BCM (rro)
October 20, 2023 CONSOLIDATED MEMBER CASE: Create association to 1:23-cv-04780-BCM.. (rro)
October 19, 2023 Filing 11 CONSENT LETTER addressed to Magistrate Judge Barbara C. Moses from Alexander Kristofcak dated October 19, 2023 re: Request to Consolidate Cases. Document filed by United States of America..(Kristofcak, Alexander)
October 19, 2023 Opinion or Order Filing 10 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Sideke Fogo, United States of America. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Barbara C. Moses. IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Signed by Judge Lewis J. Liman on 10/19/23) (yv)
October 19, 2023 Filing 9 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by United States of America. Document filed by United States of America..(Kristofcak, Alexander)
October 18, 2023 CASE ACCEPTED AS RELATED. Create association to 1:23-cv-04780-BCM. Notice of Assignment to follow. (tro)
October 18, 2023 NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case..(tro)
October 18, 2023 Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. 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. (tro)
October 16, 2023 Filing 8 NOTICE OF APPEARANCE by Alexander Kristofcak on behalf of United States of America..(Kristofcak, Alexander)
October 15, 2023 Filing 7 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:23-cv-06026. Original file certified copy of transfer order and docket entries received.
October 13, 2023 CASE REFERRED TO Judge Lewis J. Liman as possibly related to 1:23-cv-04780-BCM. (vba)
October 13, 2023 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba)
October 13, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba)
October 13, 2023 Case Designated ECF. (vba)
October 11, 2023 Case transferred to Southern District of New York, pursuant to Electronic Order dtd. 10/10/2023. Original case file sent electronically via pacer to the SD-NY. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (ML) [Transferred from New York Eastern on 10/15/2023.]
October 10, 2023 Opinion or Order ORDER granting #6 Motion to Change Venue AND TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK - The parties in this Federal Torts Claim action have stipulated and agreed that the proper venue for this case is the United States District Court for the Southern District of New York ("SDNY") as all events underlying this case occurred within the SDNY, specifically in New York County, NY, and a related case was filed on 06/07/23 in the SDNY sub nom Raylando D. Newby v. Lorri M. Mays and U.S. Postal Service, Case Dkt. No. 23-cv-4780, which currently is pending before the Hon. Barbara C. Moses, U.S.M.J. Accordingly, on the consent of the parties, the motion to change venue is granted and this action is hereby TRANSFERRED TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK pursuant to 28 U.S.C. Section 1404(a). Any motion or request for extensions of deadlines, including to answer the complaint, are deferred to the transferee court.The provision of Rule 83.1 of the Local Rules for the Eastern District of New York that requires a seven-day delay in the transfer of relevant case materials is waived. The Clerk of the Court is directed to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 10/10/2023. (Irizarry, Dora) [Transferred from New York Eastern on 10/15/2023.]
September 26, 2023 Filing 6 MOTION to Change Venue by United States of America. (Mahoney, Diana) [Transferred from New York Eastern on 10/15/2023.]
August 21, 2023 Filing 5 SUMMONS Returned Executed by Sideke Fogo. United States of America served on 8/17/2023, answer due 10/16/2023. (Henderson, David) [Transferred from New York Eastern on 10/15/2023.]
August 9, 2023 Filing 4 Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General (KD) [Transferred from New York Eastern on 10/15/2023.]
August 9, 2023 Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) [Transferred from New York Eastern on 10/15/2023.]
August 9, 2023 Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (KD) [Transferred from New York Eastern on 10/15/2023.]
August 9, 2023 Filing 1 COMPLAINT against United States of America filing fee $ 402, receipt number ANYEDC-16975530 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Sideke Fogo. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Henderson, David) [Transferred from New York Eastern on 10/15/2023.]
August 9, 2023 Case Assigned to Judge Dora Lizette Irizarry and Magistrate Judge Marcia M. Henry. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) [Transferred from New York Eastern on 10/15/2023.]

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Plaintiff: Sideke Fogo
Represented By: David Liff Henderson
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Defendant: United States of America
Represented By: Alexander Kristofcak
Represented By: Diana Elizabeth Mahoney
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