Juan C. Rivera et al v. Harbor Express, LLC et al
Plaintiff: Maria Then and Aaron Leon
Defendant: Pat Salmon & Sons, Inc. and Harbor Express, LLC
Case Number: 1:2015cv07483
Filed: September 22, 2015
Court: US District Court for the Southern District of New York
Presiding Judge: George B Daniels
Referring Judge: Valerie Figueredo
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332 Diversity Action
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on September 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 5, 2023 Filing 130 INTERROGATORIES to PAT SALMON & SONS, INC..Document filed by Juan Rivera..(Winograd, Richard)
July 31, 2023 Filing 129 RULE 26 DISCLOSURE.Document filed by Juan Rivera..(Winograd, Richard)
June 21, 2023 Filing 128 REPORT OF RULE 26(f) CONFERENCE AND CASE MANAGEMENT PLAN: All fact discovery must be completed by December 15, 2023. Within one week of the close of fact discovery, that is December 22, 2023, the parties must file a joint letter on the docket certifying that fact is discovery is complete. Depositions shall be completed by November 30, 2023 and limited to no more than 10 depositions per party. Last date to amend any pleading pursuant to Fed. R. Civ. P. 15(a) is Amendment of pleadings after this date will only be permitted upon a showing of "good cause" under Fed. R. Civ. P. 16(b)(4). August 7, 2023. Damages Expert Depositions by May 31. 2024. Within one week of the close of expert discovery, that is, June 7, 2024,, the parties must file a joint letter on the docket certifying that all discovery is complete. This letter should also state which dispositive motions, if any, each party intends to file. The parties anticipate that this case will be ready for trial by September 2024. The parties anticipate that the trial of this case will require 15 days. The parties do not consent to a trial before a Magistrate Judge at this time. The parties request a jury trial. Amended Pleadings due by 8/7/2023. Deposition due by 5/31/2024. Fact Discovery due by 12/15/2023. Expert Discovery due by 6/7/2024. (Signed by Magistrate Judge Valerie Figueredo on 6/21/2023) Filed In Associated Cases: 1:15-cv-07458-GBD-VF, 1:15-cv-07483-GBD-VF (rro)
June 19, 2023 Filing 127 PROPOSED CASE MANAGEMENT PLAN. Document filed by Juan Rivera..(Winograd, Richard)
June 1, 2023 Minute Entry for proceedings held before Magistrate Judge Valerie Figueredo: Case Management Conference held on 6/1/2023. (sjo)
May 3, 2023 Opinion or Order Filing 126 INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 6/1/2023 at 10:00 AM before Magistrate Judge Valerie Figueredo. Please dial (888) 808-6929; access code 9781335. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 5/3/2023) (jca)
May 3, 2023 Opinion or Order Filing 125 ORDER denying as moot #109 Motion to Dismiss; denying as moot #116 Motion to Dismiss. At the telephonic conference held before the Court on May 3, 2023, counsel for Defendant Pat Salmon & Sons, Inc. represented that in light of the amended complaint submitted on December 23, 2022 (ECF No. 120), the pending motions to dismiss (ECF Nos. 109 and 116) have been mooted. The parties agreed that because the motions are now moot, the Court may close these motions. Accordingly, the Clerk of Court is directed to terminate the motions at ECF Nos. 109 and 116. SO ORDERED.. (Signed by Magistrate Judge Valerie Figueredo on 5/3/2023) (jca)
May 3, 2023 Minute Entry for proceedings held before Magistrate Judge Valerie Figueredo: Telephone Conference held on 5/3/2023. (sjo)
April 27, 2023 Opinion or Order Filing 124 ORDER SCHEDULING CONFERENCE: A telephonic conference to address the pending motions to dismiss in this action (ECF Nos. 109, 116) is hereby scheduled for Wednesday, May 3, 2023 at 10:00 a.m. Counsel for the parties are directed to call Judge Figueredo's AT&T conference line at the scheduled time. Please dial (888) 808-6929; access code 9781335. SO ORDERED. Telephone Conference set for 5/3/2023 at 10:00 AM before Magistrate Judge Valerie Figueredo. (Signed by Magistrate Judge Valerie Figueredo on 4/27/2023) (jca)
April 4, 2023 Filing 123 ANSWER to #120 Amended Complaint, with JURY DEMAND., CROSSCLAIM against Harbor Express, LLC. Document filed by Pat Salmon & Sons, Inc...(Carvell, Diane)
January 18, 2023 Filing 122 ANSWER to #120 Amended Complaint,., CROSSCLAIM against Harbor Express, LLC. Document filed by Harbor Express, LLC..(Streelman, Elizabeth)
January 13, 2023 Filing 121 JOINT LETTER addressed to Magistrate Judge Valerie Figueredo from Attorney Diane B. Carvell dated Jan. 13, 2023 re: joint letter to Your Honor pertaining to your January 6, 2023 request for a joint status letter that was originally due by December 15, 2022.. Document filed by Pat Salmon & Sons, Inc.. (Attachments: #1 Supplement Order Granting Amended Case Deadlines)Filed In Associated Cases: 1:15-cv-07458-GBD-VF, 1:15-cv-07483-GBD-VF.(Carvell, Diane)
December 23, 2022 Filing 120 AMENDED COMPLAINT amending #114 Amended Complaint, against Harbor Express, LLC, Pat Salmon & Sons, Inc. with JURY DEMAND.Document filed by Juan Rivera. Related document: #114 Amended Complaint,. (Attachments: #1 Exhibit LIMITED LETTERS OF ADMINISTRATION).(Payne, Steven)
December 21, 2022 Opinion or Order Filing 119 AMENDED ORDER OF REFERENCE TO A 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 Settlement. Referred to Magistrate Judge Valerie Figueredo. Motions referred to Valerie Figueredo. (Signed by Judge George B. Daniels on 12/21/2022) (kv)
December 21, 2022 NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only. (vba)
December 20, 2022 Opinion or Order Filing 118 ORDER granting #115 Letter Motion for Extension of Time. Application Granted. The Court hereby adopts the amended case deadlines provided for in this letter. The parties are directed to submit a joint status letter by Wednesday, February 15, 2023. The Clerk of Court is directed to terminate the motion at ECF No. 115. SO ORDERED. Deposition due by 5/1/2023. Discovery due by 5/1/2023. (Signed by Magistrate Judge Valerie Figueredo on 12/20/2022) (rro)
December 19, 2022 Filing 117 MEMORANDUM OF LAW in Support re: #116 MOTION to Dismiss for failure to state a claim. . Document filed by Pat Salmon & Sons, Inc...(Carvell, Diane)
December 19, 2022 Filing 116 MOTION to Dismiss for failure to state a claim. Document filed by Pat Salmon & Sons, Inc.. Responses due by 1/9/2023 (Attachments: #1 Text of Proposed Order proposed Order, #2 Exhibit A, #3 Supplement Certificate of Service).(Carvell, Diane)
December 15, 2022 Filing 115 JOINT LETTER MOTION for Extension of Time and Status Letter addressed to Magistrate Judge Valerie Figueredo from Richard M. Winograd dated December 15, 2022. Document filed by Aaron Leon, Juan Rivera..(Payne, Steven)
November 30, 2022 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Richard Winograd. The party information for the following party/parties has been modified: Juan C. Rivera. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo)
November 29, 2022 Filing 114 AMENDED COMPLAINT amending #111 Amended Complaint, against Harbor Express, LLC, Pat Salmon & Sons, Inc. with JURY DEMAND.Document filed by Juan C. Rivera, Aaron Leon. Related document: #111 Amended Complaint,. (Attachments: #1 Exhibit LIMITED LETTERS OF ADMINISTRATION).(Winograd, Richard)
October 18, 2022 Opinion or Order Filing 113 ORDER granting #112 Letter Motion for Extension of Time. Application Granted. The Clerk of Court is directed to close the motion at ECF No. 112. Amended Pleadings due by 12/1/2022. Deposition due by 3/1/2023. Discovery due by 3/1/2023. (Signed by Magistrate Judge Valerie Figueredo on 10/18/2022) (tg)
October 17, 2022 Filing 112 JOINT LETTER MOTION for Extension of Time and Status Letter addressed to Magistrate Judge Valerie Figueredo from Richard M. Winograd dated October 17, 2022. Document filed by Aaron Leon, Juan C. Rivera, Maria Then(Guardian), Maria Then(Individually)..(Winograd, Richard)
October 11, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard Winograd to RE-FILE Document No. #111 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
October 10, 2022 Filing 111 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #108 Amended Complaint against Aaron Leon, Juan C. Rivera with JURY DEMAND.Document filed by Aaron Leon, Juan C. Rivera. Related document: #108 Amended Complaint..(Winograd, Richard) Modified on 10/11/2022 (pc).
October 6, 2022 Filing 110 MEMORANDUM OF LAW in Support re: #109 MOTION to Dismiss . . Document filed by Pat Salmon & Sons, Inc...(Carvell, Diane)
October 6, 2022 Filing 109 MOTION to Dismiss . Document filed by Pat Salmon & Sons, Inc.. Responses due by 10/27/2022 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order Order).(Carvell, Diane)
September 19, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard Winograd re: Document No. #108 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF (JUAN C. RIVERA). Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (gp)
September 16, 2022 Filing 108 AMENDED COMPLAINT against Harbor Express, LLC, Pat Salmon & Sons, Inc. with JURY DEMAND.Document filed by Aaron Leon..(Winograd, Richard)
July 20, 2022 Opinion or Order Filing 107 ORDER granting #106 Letter Motion for Extension of Time. Application Granted. The deadline for filing of the amended complaint is extended to September17, 2022, and the other proposed deadline extensions are hereby adopted.The parties are directed to provide a joint letter no later than Monday,October 17, 2022, providing the Court an update on the status of the case,including the status of discovery. Amended Pleadings due by 9/17/2022.. (Signed by Magistrate Judge Valerie Figueredo on 7/20/2022) (rro)
July 20, 2022 Set/Reset Deadlines: Deposition due by 12/17/2022. Discovery due by 12/17/2022. (rro)
June 30, 2022 Filing 106 LETTER MOTION for Extension of Time and Status Letter addressed to Magistrate Judge Valerie Figueredo from Richard M. Winograd dated June 30, 2022. Document filed by Aaron Leon, Maria Then(Guardian), Maria Then(Individually). (Attachments: #1 Exhibit P-LETTER TO MAGISTRATE JUDGE VALERIE FIGUEREDO DATED MAY 24, 2022).(Winograd, Richard)
June 8, 2022 Filing 105 JOINT LETTER addressed to Magistrate Judge Valerie Figueredo from Attorney Diane B. Carvell dated June 8, 2022 re: status of settlement discussions. Document filed by Pat Salmon & Sons, Inc..Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD.(Carvell, Diane)
June 1, 2022 Opinion or Order Filing 104 ORDER: The parties are ordered to file a joint letter no later than Wednesday, June 8, 2022, providing the Court an update on the status of any settlement discussions and whether the parties would like to schedule a settlement conference at this time. (Signed by Magistrate Judge Valerie Figueredo on 6/1/2022) (rro)
May 26, 2022 Opinion or Order Filing 103 ORDER granting #102 Letter Motion for Extension of Time. Application Granted. (Signed by Magistrate Judge Valerie Figueredo on 5/26/2022) (rro)
May 26, 2022 Set/Reset Deadlines: Amended Pleadings due by 7/17/2022. (rro)
May 24, 2022 Filing 102 LETTER MOTION for Extension of Time and Status Letter addressed to Magistrate Judge Valerie Figueredo from Richard M. Winograd dated May 24, 2022. Document filed by Aaron Leon, Maria Then(Guardian), Maria Then(Individually). (Attachments: #1 Exhibit P-EMAIL DATED MAY 17, 2022, #2 Exhibit P-CERTIFIED COPY OF LETTERS OF ADMINISTRATION-NJ, #3 Exhibit P-EMAIL DATED MAY 18, 2022, #4 Exhibit P-EMAIL DATED MAY 20, 2022, #5 Exhibit P-PETITION FOR LETTERS OF ADMINISTRATION -NY).(Winograd, Richard)
May 17, 2022 Opinion or Order Filing 101 ORDER: Pursuant to ECF No. 99, the deadline for the Estate of Aaron Leon to file an Amended Complaint was May 16, 2022. Plaintiff is ordered to file either its Amended Complaint, or a letter providing the Court with an update on the status of this filing, no later than Tuesday, May 24, 2022. ( Amended Pleadings due by 5/24/2022.) (Signed by Magistrate Judge Valerie Figueredo on 5/17/2022) (rro)
March 23, 2022 Opinion or Order Filing 100 ORDER terminating #94 Letter Motion for Extension of Time; terminating #95 Letter Motion for Extension of Time (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
February 16, 2022 Opinion or Order Filing 99 MEMO ENDORSEMENT on re: (98 in 1:15-cv-07483-GBD, 148 in 1:15-cv-07458-GBD) Letter follow-up to our status conference of 2/2/22, filed by Pat Salmon & Sons, Inc, Pat Salmon & Sons, Inc. ENDORSEMENT: Deadline for Defense Supplemental Damages Expert Reports: September 16, 2022. So Ordered., ( Amended Pleadings due by 5/16/2022., Deposition due by 8/16/2022., Discovery due by 8/16/2022.) (Signed by Magistrate Judge Debra C. Freeman on 2/16/22) Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD (yv) Modified on 2/22/2022 (yv).
February 16, 2022 Filing 98 LETTER addressed to Magistrate Judge Debra C. Freeman from Attorney Diane B. Carvell dated 2/16/2022 re: follow-up to our status conference of 2/2/22. Document filed by Pat Salmon & Sons, Inc., Pat Salmon & Sons, Inc.Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD.(Carvell, Diane)
February 2, 2022 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 2/2/2022. (aba)
February 2, 2022 Opinion or Order Filing 97 As discussed at the case management conference held on 2/2/2022, no later than 2/16/2022, all counsel are directed to submit a joint scheduling proposal for moving this consolidated action forward. (HEREBY ORDERED by Magistrate Judge Debra Freeman) (Text Only Order) Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD (Freeman, Debra)
January 23, 2022 Opinion or Order Filing 96 This Court will hold a telephonic case management conference in the related cases of De La Rosa and Leon on 2/2/2022 at 12:00 noon. For that conference, counsel in both cases should call the following Toll-Free Number: (877) 411-9748, and use Access Code: 9612281. (HEREBY ORDERED by Magistrate Judge Debra Freeman) (Text Only Order) Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD (Freeman, Debra)
January 13, 2022 Filing 95 LETTER MOTION for Extension of Time and Status Letter addressed to Magistrate Judge Debra C. Freeman from Richard M. Winograd dated January 13, 2022. Document filed by Aaron Leon, Maria Then(Guardian), Maria Then(Individually). (Attachments: #1 Exhibit P-Letter for Extension of Time and Status 10.1.2021).(Winograd, Richard)
October 1, 2021 Filing 94 LETTER MOTION for Extension of Time and Status Letter addressed to Magistrate Judge Debra C. Freeman from Richard M. Winograd dated October 1, 2021. Document filed by Aaron Leon, Maria Then(Guardian), Maria Then(Individually). (Attachments: #1 Death Certificate).(Winograd, Richard)
August 13, 2021 Filing 93 MANDATE of USCA (Certified Copy) as to (142 in 1:15-cv-07458-GBD, 92 in 1:15-cv-07483-GBD) Notice of Appeal, filed by Harbor Express, LLC. USCA Case Number 21-0951. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/13/2021. Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD.(nd)
April 16, 2021 Filing 92 NOTICE OF APPEAL from (90 in 1:15-cv-07483-GBD, 140 in 1:15-cv-07458-GBD) Order Adopting Report and Recommendations,,,,. Document filed by Harbor Express, LLC. Filing fee $ 505.00, receipt number NYSDC-24408718. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD.(Schneider, Michael)
April 16, 2021 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (142 in 1:15-cv-07458-GBD, 92 in 1:15-cv-07483-GBD) Notice of Appeal,. Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD.(nd)
April 16, 2021 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (142 in 1:15-cv-07458-GBD, 92 in 1:15-cv-07483-GBD) Notice of Appeal, filed by Harbor Express, LLC were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD.(nd)
April 1, 2021 Opinion or Order Filing 91 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge George B. Daniels on 4/1/2021) (va)
March 18, 2021 Opinion or Order Filing 90 MEMORANDUM DECISION AND ORDER for (81 in 1:15-cv-07483-GBD-DCF, 128 in 1:15-cv-07458-GBD-DCF) Report and Recommendations,,,,,, (132 in 1:15-cv-07458-GBD-DCF, 84 in 1:15-cv-07483-GBD-DCF) Report and Recommendations,,,,, Magistrate Judge Freeman's Report is ADOPTED. Defendant Pat Salmon's motion for summary judgment is GRANTED with regard to the direct claims of negligence asserted against it by Plaintiffs. Defendant Pat Salmon's motion for summary judgment is DENIED with regard to Plaintiffs' respondeat superior claims. Defendant Harbor Express's motion for summary judgment is DENIED. Defendant Pat Salmon's Choice of Law Motion is DENIED without prejudice. The Clerk of Court is directed to: (1) Close ECF No. 85 in 15-cv-7458 and ECF No. 58 in 15-cv-7483; (2) Close ECF No. 87 in 15-cv-7458; and (3) Close ECF No. 82 in 15-cv-7458 and ECF No. 55 in 15-cv-7483. SO ORDERED. (Signed by Judge George B. Daniels on 3/18/2021) Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD-DCF (ks)
March 11, 2021 Filing 89 REPLY to Response to Motion re: (58 in 1:15-cv-07483-GBD-DCF) MOTION for Summary Judgment . RE: Report & Recommendation of Magistrate Judge of Feb. 8, 2021. Document filed by Pat Salmon & Sons, Inc.. Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD-DCF.(Carvell, Diane)
March 10, 2021 Opinion or Order Filing 88 MEMORANDUM DECISION AND ORDER denying (100) Motion for Settlement in case 1:15-cv-07458-GBD-DCF. Defendant's motion to enforce the purported settlement agreement, (ECF No. 100), is DENIED. The Clerk of Court is directed close the motion accordingly. SO ORDERED. (Signed by Judge George B. Daniels on 3/9/2021) Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD-DCF (jca)
March 4, 2021 Filing 87 OPPOSITION BRIEF Response in Opposition to Motion, OBJECTION OF DEFENDANT, HARBOR EXPRESS, LLC TO THE FEBRUARY 8, 2021 REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE.. Document filed by Aaron Leon, Maria Then(Guardian), Maria Then(Individually)..(Winograd, Richard)
February 22, 2021 Filing 86 REPLY to Response to Motion re: (87 in 1:15-cv-07458-GBD-DCF) MOTION for Summary Judgment . . Document filed by Harbor Express, LLC. Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD-DCF.(Schneider, Michael)
February 8, 2021 Opinion or Order Filing 85 ORDER granting (124) FIRST LETTER MOTION for Extension of Time to Submit Expert Discovery in case 1:15-cv-07458-GBD-DCF. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 2/8/2021) Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD-DCF (jca)
February 8, 2021 Opinion or Order Filing 84 REPORT AND RECOMMENDATION re: (87 in 1:15-cv-07458-GBD-DCF) MOTION for Summary Judgment . filed by Harbor Express, LLC, (85 in 1:15-cv-07458-GBD-DCF) MOTION for Summary Judgment . filed by Pat Salmon & Sons, Inc, (55 in 1:15-cv-07483-GBD-DCF, 82 in 1:15-cv-07458-GBD-DCF) MOTION Choice of Law . filed by Pat Salmon & Sons, Inc. For all the foregoing reasons, I respectfully recommend that: (1) each of Pat Salmons two motions for summary judgment (one filed at Dkt. 85 in the De La Rosa case, and the other filed at Dkt. 58 in the Leon case) (a) be granted to the extent Pat Salmon seeks dismissal of Plaintiffs direct claims against it for its own alleged negligence, but (b) denied to the extent Pat Salmon seeks dismissal of the claims asserted against it under the doctrine of respondeat superior; (2) Harbor Expresss motion for summary judgment as to the claims of both Plaintiffs (filed only at Dkt. 87 in the De La Rosa case) be denied in its entirety; and (3) Pat Salmons choice-of-law motion (filed both at Dkt. 82 in the De La Rosa case, and at Dkt. 55 in the Leon case) be denied without prejudice, as premature. (As further set forth in this Order.) Objections to R&R due by 2/22/2021 (Signed by Magistrate Judge Debra C. Freeman on 2/8/2021) Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD-DCF (cf)
January 7, 2021 Filing 83 OPPOSITION BRIEF re: #82 Response in Opposition to Motion, OBJECTION OF DEFENDANT, HARBOR EXPRESS, LLC TO THE DECEMBER 16, 2020 REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE. Document filed by Aaron Leon, Maria Then(Guardian), Maria Then(Individually)..(Winograd, Richard)
December 29, 2020 Filing 82 RESPONSE in Opposition to Motion re: (100 in 1:15-cv-07458-GBD-DCF) MOTION for Settlement . Objection to Report of Magistrate Judge. Document filed by Harbor Express, LLC. Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD-DCF.(Schneider, Michael)
December 16, 2020 Filing 81 REPORT AND RECOMMENDATION. For the all of the reasons discussed above, I recommend that Harbor Express's motion to enforce the settlement agreement that it purportedly reached with both De La Rosa and the Leon Plaintiffs (filed at Dkt. 100, in Case No. 15cv07458) be denied in its entirety. Pursuant to 28 U.S.C. 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from service of this Report to file written objections. See also Fed. R. Civ. P. 6. Such objections, and any responses to objections, shall be filed with the Clerk of Court, with courtesy copies delivered to the chambers of the Honorable George B. Daniels, United States Courthouse, 500 Pearl Street, Room 1310, New York, New York, 10007. Any requests for an extension of time for filing objections must be directed to Judge Daniels. FAILURE TO FILE OBJECTIONS WITHIN FOURTEEN (14) DAYS WILL RESULT IN A WAIVER OF OBJECTIONS AND WILL PRECLUDE APPELLATE REVIEW. (See Thomas v. Arn, 474 U.S. 140, 155 (1985); IUE AFL-CIO Pension Fund v. Hermann, 9 F.3d 1049, 1054 (2d Cir. 1993); Frank v. Johnson, 968 F.2d 98, 300 (2d Cir. 1992); Wesolek v. Canadair Ltd., 838 F.2d 55, 58 (2d Cir. 1988); McCarthy v. Manson, 714 F.2d 234, 237-238 (2d Cir. 1983).) re: (100 in 1:15-cv-07458-GBD-DCF) MOTION for Settlement filed by Harbor Express, LLC. (Objections to R&R due by 12/30/2020). (Signed by Magistrate Judge Debra C. Freeman on 12/16/2020) Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD-DCF. Copies to: All counsel (via ECF). (rjm)
November 17, 2020 Opinion or Order Filing 80 AMENDED 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), Settlement, and Dispositive Motion (i.e., motion requiring a Report and Recommendation): April 30, 2020 Motion for Summary Judgment (ECF No. 58). Referred to Magistrate Judge Debra C. Freeman. Motions referred to Debra C. Freeman. (Signed by Judge George B. Daniels on 11/17/2020) (jwh)
November 17, 2020 MOTIONS REFERRED: #58 MOTION for Summary Judgment, #55 MOTION Choice of Law. Motions referred to Debra C. Freeman. (jwh)
October 21, 2020 Filing 79 AMENDED ANSWER to with JURY DEMAND. Document filed by Pat Salmon & Sons, Inc. Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD-DCF.(Carvell, Diane)
October 21, 2020 Filing 78 AMENDED ANSWER to with JURY DEMAND., CROSSCLAIM against Harbor Express, LLC. Document filed by Pat Salmon & Sons, Inc...(Carvell, Diane)
October 19, 2020 Opinion or Order Filing 77 MEMORANDUM AND ORDER. For all of the foregoing reasons, Plaintiffs' motion for leave to amend its Answers to both the De La Rosa and Leon Complaints, so as to assert an affirmative defense under Section 15-108, is granted. The Clerk of Court is directed to close Dkt. 107 on the Docket of Case No. 15cv07458, and Dkt. 72 on the Docket of Case No. 15cv07483. So ordered. Granting (107) Motion for Leave to File Document in case 1:15-cv-07458-GBD-DCF; Granting #72 Motion for Leave to File Document in case 1:15-cv-07483-GBD-DCF. (Signed by Magistrate Judge Debra C. Freeman on 10/19/2020) Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD-DCF. Copies to: All counsel (via ECF). (rjm).
October 5, 2020 Opinion or Order Filing 76 ORDER: The October 8, 2020 status conference is cancelled. (Signed by Judge George B. Daniels on 10/5/2020) (jwh)
October 5, 2020 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Ezra B Glaser to RE-FILE Document (75 in 1:15-cv-07483-GBD-DCF, 122 in 1:15-cv-07458-GBD-DCF) FIRST LETTER MOTION for Extension of Time to Submit Expert Discovery addressed to Magistrate Judge Debra C. Freeman from Ezra B. Glaser dated 10/2/2020.. ERROR(S): No signature or s/. Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD-DCF(db)
October 2, 2020 Filing 75 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST LETTER MOTION for Extension of Time to Submit Expert Discovery addressed to Magistrate Judge Debra C. Freeman from Ezra B. Glaser dated 10/2/2020. Document filed by Mayvelin De La Rosa Martinez.Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD-DCF.(Glaser, Ezra) Modified on 10/5/2020 (db).
September 18, 2020 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held on 9/18/2020, ( Joint Status Letter regarding any remaining expert discovery by 10/2/2020). Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD-DCF(aba)
September 15, 2020 Filing 74 REPLY MEMORANDUM OF LAW in Support re: (72 in 1:15-cv-07483-GBD-DCF) MOTION for Leave to File Motion to Amend Answer Affirmative . . Document filed by Pat Salmon & Sons, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD-DCF.(Carvell, Diane)
September 1, 2020 Opinion or Order Filing 73 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 Settlement. Referred to Magistrate Judge Debra C. Freeman. Motions referred to Debra C. Freeman. (Signed by Judge George B. Daniels on 9/1/2020) (jwh)
August 24, 2020 Filing 72 MOTION for Leave to File Motion to Amend Answer Affirmative . Document filed by Pat Salmon & Sons, Inc.. Return Date set for 9/8/2020 at 05:00 PM. (Attachments: #1 Motion, #2 Brief, #3 Cert of Service, #4 Text of Proposed Order Proposed Order, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F)Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD.(Carvell, Diane)
August 24, 2020 Filing 71 FILING ERROR - DEFICIENT DOCKET ENTRY - (SUPPORTING DOCUMENTS TO BE FILED SEPARATELY) - MOTION to Amend/Correct ., MOTION for Leave to File Motion to File Amended Answer with Affirmative Defenses . ( Return Date set for 9/8/2020 at 05:00 PM.) Document filed by Pat Salmon & Sons, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD.(Carvell, Diane) Modified on 8/24/2020 (lb).
August 24, 2020 Filing 70 REPLY MEMORANDUM OF LAW in Support re: (58 in 1:15-cv-07483-GBD) MOTION for Summary Judgment . . Document filed by Pat Salmon & Sons, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD.(Carvell, Diane)
August 24, 2020 Filing 69 REPLY MEMORANDUM OF LAW in Support re: (85 in 1:15-cv-07458-GBD-DCF) MOTION for Summary Judgment . . Document filed by Pat Salmon & Sons, Inc.. Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD.(Carvell, Diane)
August 24, 2020 Filing 68 REPLY MEMORANDUM OF LAW in Support re: (55 in 1:15-cv-07483-GBD, 82 in 1:15-cv-07458-GBD-DCF) MOTION Choice of Law . . Document filed by Pat Salmon & Sons, Inc.. Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD.(Carvell, Diane)
August 10, 2020 Opinion or Order Filing 67 ORDER: granting #66 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. (Signed by Judge George B. Daniels on 8/10/2020) (ama)
August 6, 2020 Filing 66 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge George B. Daniels from Elizabeth Streelman dated August 6, 2020. Document filed by Harbor Express, LLC..(Streelman, Elizabeth)
July 22, 2020 Filing 65 FIRST MEMORANDUM OF LAW in Opposition re: #58 MOTION for Summary Judgment . . Document filed by Aaron Leon, Maria Then(Guardian), Maria Then(Individually). (Attachments: #1 Portions of Deposition of Anival Velez, #2 CD with Video, #3 Color Photographs, #4 Color Photographs, #5 Portions of Deposition of Thomas Charette, #6 Portions of Deposition of Mario Alvarez Mendoza, #7 Portions of Deposition of William C. Traylor, #8 Portions of Deposition of Randolph Ruger, #9 Portions of Deposition of Trooper Richard Hampp, #10 Portions of Deposition of Mayvelin De La Rosa Martinez, #11 Expert Report of Ashby Transportation Consultants LLC, #12 Portions Deposition of C. Bruce Gambardella, P.E., #13 Expert Report of C. Bruce Gambardella, P.E., #14 Expert Report of Lewis J. Grill, #15 Affidavit of Lewis J. Grill).(Payne, Steven)
July 21, 2020 Filing 64 FIRST MEMORANDUM OF LAW in Opposition re: #55 MOTION Choice of Law . . Document filed by Aaron Leon, Maria Then(Guardian), Maria Then(Individually). (Attachments: #1 NYS Department of State-Entity Information, #2 Deposition of Joe Newsom).(Payne, Steven)
July 14, 2020 Opinion or Order Filing 63 MEMO ENDORSEMENT on re: #62 Letter filed by Aaron Leon: SO ORDERED. (Set Deadlines/Hearing as to #58 MOTION for Summary Judgment, #55 MOTION Choice of Law: Responses due by 7/22/2020, Replies due by 8/10/2020.) (Signed by Judge George B. Daniels on 7/14/2020) (jwh)
July 13, 2020 Filing 62 JOINT LETTER addressed to Judge George B. Daniels from RICHARD WINOGRAD dated July 13, 2020 re: REQUEST TO ADJOURN MOTIONS. Document filed by Aaron Leon..(Payne, Steven)
June 11, 2020 Opinion or Order Filing 61 ORDER: The June 18, 2020 status conference is adjourned to October 8, 2020 at 9:45 a.m. So ordered. (Status Conference set for 10/8/2020 at 09:45 AM before Judge George B. Daniels). (Signed by Judge George B. Daniels on 6/11/2020) (rjm)
June 1, 2020 Opinion or Order Filing 60 ORDER granting (89) Letter Motion for Extension of Time in case 1:15-cv-07458-GBD-DCF: SO ORDERED. (Signed by Judge George B. Daniels on 6/1/2020) Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD (jwh)
June 1, 2020 Set/Reset Deadlines as to (82 in 1:15-cv-07458-GBD-DCF, 55 in 1:15-cv-07483-GBD) MOTION Choice of Law, (87 in 1:15-cv-07458-GBD-DCF) MOTION for Summary Judgment, (85 in 1:15-cv-07458-GBD-DCF) MOTION for Summary Judgment, (58 in 1:15-cv-07483-GBD) MOTION for Summary Judgment: Responses due by 7/15/2020. Replies due by 8/3/2020. Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD(jwh)
April 30, 2020 Filing 59 MEMORANDUM OF LAW in Support re: #58 MOTION for Summary Judgment . . Document filed by Pat Salmon & Sons, Inc...(Carvell, Diane)
April 30, 2020 Filing 58 MOTION for Summary Judgment . Document filed by Pat Salmon & Sons, Inc.. Responses due by 6/2/2020 Return Date set for 6/23/2020 at 05:00 PM. (Attachments: #1 Statement of Material Facts, #2 Text of Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit j, #13 Exhibit K, #14 Exhibit L).(Carvell, Diane)
April 29, 2020 Filing 57 NOTICE of AMENDED NOTICE OF MOTION ON CHOICE OF LAW re: (55 in 1:15-cv-07483-GBD) MOTION Choice of Law .. Document filed by Pat Salmon & Sons, Inc.. Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD.(Carvell, Diane)
April 29, 2020 Filing 56 MEMORANDUM OF LAW in Support re: (55 in 1:15-cv-07483-GBD) MOTION Choice of Law . . Document filed by Pat Salmon & Sons, Inc.. Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD.(Carvell, Diane)
April 28, 2020 Filing 55 MOTION Choice of Law . Document filed by Pat Salmon & Sons, Inc.. (Attachments: #1 Notice of Motion on Choice of Law, #2 Text of Proposed Order, #3 Exhibit A, #4 Exhibit B)Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD.(Carvell, Diane)
March 31, 2020 Opinion or Order Filing 54 ORDER: The April 16, 2020 conference is adjourned to June 18, 2020 at 9:45 a.m., Status Conference set for 6/18/2020 at 09:45 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 3/24/2020) (rj)
March 17, 2020 Opinion or Order Filing 53 ORDER granting (79) Letter Motion to Substitute Attorney. in case 1:15-cv-07458-GBD-DCF; granting (52) Letter Motion to Substitute Attorney. in case 1:15-cv-07483-GBD: SO ORDERED. (Signed by Judge George B. Daniels on 3/17/2020) Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD (jwh)
March 16, 2020 Filing 52 FIRST LETTER MOTION to Substitute Attorney. Old Attorney: Conde & Glaser, LLP, New Attorney: Ezra B. Glaser & Associates addressed to Judge George B. Daniels from Ezra B. Glaser dated 3/16/2020. Document filed by Mayvelin De La Rosa Martinez. Return Date set for 3/17/2020 at 10:00 AM. (Attachments: #1 Exhibit Consent to Substitution Forms)Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD.(Glaser, Ezra)
January 21, 2020 Opinion or Order Filing 51 ORDER: granting #50 Letter Motion to Adjourn Conference. A status conference is scheduled for April 16, 2020 at 9:45 a.m. SO ORDERED. Status Conference set for 4/16/2020 at 09:45 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 1/21/2020) (ama)
January 21, 2020 Set/Reset Deadlines: Deposition due by 2/28/2020. Motions due by 4/30/2020. Responses due by 6/2/2020 Replies due by 6/23/2020. (ama)
January 15, 2020 Filing 50 LETTER MOTION to Adjourn Conference addressed to Judge George B. Daniels from Elizabeth Streelman dated January 15, 2020. Document filed by Harbor Express, LLC.(Streelman, Elizabeth)
October 24, 2019 Minute Entry for proceedings held before Judge George B. Daniels: Status Conference held on 10/24/2019, ( Status Conference set for 1/16/2020 at 09:45 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.). Plaintiff Counsel: Marion Conde, Michael Lawrence Edelman Defense Counsel: Michael Robert Schneider, Diane Beckman Carvell and Court Reporter present. Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD(Vega, Elizabeth)
October 24, 2019 Minute Entry for proceedings held before Judge George B. Daniels: Status Conference held on 10/24/2019, ( Status Conference set for 1/16/2020 at 09:45 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.). Plaintiff Counsel: Steven R. PayneDefense Counsel: Michael Robert Schneider, Diane Beckman Carvell and Court Reporter present. (Vega, Elizabeth)
June 27, 2019 Minute Entry for proceedings held before Judge George B. Daniels: Status Conference held on 6/27/2019, ( Status Conference set for 10/24/2019 at 09:45 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.). Plaintiff Counsel: Marion Conde, Michael Lawrence Edelman Defense Counsel: Michael Robert Schneider, Diane Beckman Carvell and Court Reporter present. Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD(Vega, Elizabeth)
June 24, 2019 Opinion or Order Filing 49 ORDER: Status Conference set for 6/27/2019 at 09:45 AM before Judge George B. Daniels. SO ORDERED. (Signed by Judge George B. Daniels on 6/24/2019) Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD(anc)
June 3, 2019 Opinion or Order Filing 48 ORDER in case 1:15-cv-07458-GBD-DCF; terminating (44) Letter Motion for Discovery in case 1:15-cv-07483-GBD: Plaintiff's letter motion requesting an informal discovery conference, (ECF No. 44), was resolved during the February 28, 2019 status conference. (See 2/28/2019 Docket Entry in 15-cv-7458.) The Clerk of Court is therefore directed to close the motion, accordingly. (Signed by Judge George B. Daniels on 6/3/2019) Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD (jwh)
January 30, 2019 Opinion or Order Filing 47 MEMO ENDORSEMENT on re: (71 in 1:15-cv-07458-GBD-DCF, 46 in 1:15-cv-07483-GBD) Letter, filed by Pat Salmon & Sons, Inc. ENDORSEMENT: SO ORDERED. The subsequent conference is adjourned to February 28, 2019 at 9:45 a.m. (Signed by Judge George B. Daniels on 1/30/2019) ( Status Conference set for 2/28/2019 at 09:45 AM before Judge George B. Daniels.) (ks)
January 29, 2019 Filing 46 LETTER addressed to Judge George B. Daniels from Attorney Diane B Carvell dated 1/29/2019 re: request adjournment of 1/31/19 conference until 2/28/19 (all parties in agreement). Document filed by Pat Salmon & Sons, Inc..Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD(Carvell, Diane)
January 14, 2019 Filing 45 LETTER addressed to Judge George B. Daniels from Attorney Diane B Carvell dated 1/14/19 re: in response to plaintiff's counsel's letter of 1/11/19. Document filed by Pat Salmon & Sons, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD(Carvell, Diane)
January 11, 2019 Filing 44 FIRST LETTER MOTION for Discovery addressed to Judge George B. Daniels from Ezra B. Glaser dated 01/11/2019. Document filed by Mayvelin De La Rosa Martinez.Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD(Glaser, Ezra)
October 29, 2018 Filing 43 FIRST LETTER addressed to Judge George B. Daniels from Richard M. Winograd dated October 25, 2018 re: Status Conference. Document filed by Aaron Leon, Maria Then.Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD(Winograd, Richard)
September 26, 2018 Opinion or Order Filing 42 MEMO ENDORSEMENT on re: (41 in 1:15-cv-07483-GBD, 63 in 1:15-cv-07458-GBD-DCF) Letter, filed by Pat Salmon & Sons, Inc, Pat Salmon & Sons, Inc. ENDORSEMENT: The conference is adjourned to November 8, 2018 at 9:45 a.m. SO ORDERED. (Status Conference set for 11/8/2018 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 9/26/2018) (jca)
September 25, 2018 Filing 41 LETTER addressed to Judge George B. Daniels from Attorney Diane B. Carvell dated 09/25/2018 re: Request to Adjourn 9/27/18 Status Conference. Document filed by Pat Salmon & Sons, Inc., Pat Salmon & Sons, Inc.Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD(Carvell, Diane)
August 28, 2018 Opinion or Order Filing 40 ORDER denying without prejudice (59) Letter Motion for Conference in case 1:15-cv-07458-GBD-DCF. In light of the representation in this letter, plaintiff's request for a discovery conference (Dkt. 59) is denied without prejudice. This Court will hold a telephonic status conference with counsel on 10/1/2018 at 9:30 a.m. Counsel are directed to initiate that call to my chambers. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 8/28/2018) Filed In Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD (rj)
August 28, 2018 Set/Reset Hearings: Telephonic Status Conference set for 10/1/2018 at 09:30 AM before Magistrate Judge Debra C. Freeman. Associated Cases: 1:15-cv-07458-GBD-DCF, 1:15-cv-07483-GBD(rj)
March 23, 2017 Filing 39 FIRST MEMORANDUM OF LAW in Opposition re: (49 in 1:15-cv-07458-GBD) FIRST MOTION for Reconsideration of Plaintiff's motion to amend the complaint and add the Public Administrator of the NY County. . Document filed by Harbor Express, LLC. Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Schneider, Michael)
March 23, 2017 Filing 38 MEMORANDUM OF LAW in Opposition re: (49 in 1:15-cv-07458-GBD) FIRST MOTION for Reconsideration of Plaintiff's motion to amend the complaint and add the Public Administrator of the NY County. . Document filed by Pat Salmon & Sons, Inc.. Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Carvell, Diane)
January 25, 2017 Opinion or Order Filing 37 ORDER granting #36 Letter Motion for Oral Argument, requesting Oral Argument on Plaintiff's motion to consolidate and remand for the date of February 23, 2017 at 10:30 AM. SO ORDERED. (Signed by Judge George B. Daniels on 1/25/2017) (jwh)
January 25, 2017 Set/Reset Hearings: Oral Argument set for 2/23/2017 at 10:30 AM before Judge George B. Daniels. (jwh)
January 24, 2017 Filing 36 LETTER MOTION for Oral Argument addressed to Judge George B. Daniels from Mickey Schneider dated January 24, 2017. Document filed by Harbor Express, LLC. Return Date set for 1/25/2017 at 09:45 AM.Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Schneider, Michael)
January 24, 2017 Filing 35 LETTER MOTION for Oral Argument addressed to Judge George B. Daniels from Mickey Schneider dated January 24, 2017. Document filed by Harbor Express, LLC. Return Date set for 1/25/2017 at 09:45 AM.Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Schneider, Michael)
December 13, 2016 Filing 34 MEMORANDUM OF LAW in Opposition re: (36 in 1:15-cv-07458-GBD, 36 in 1:15-cv-07458-GBD) FIRST MOTION to Amend/Correct COMPLAINT.FIRST MOTION to Remand to State Court . . Document filed by Harbor Express, LLC. Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Schneider, Michael)
December 13, 2016 Filing 33 AFFIRMATION of Michael Schneider in Opposition re: (36 in 1:15-cv-07458-GBD, 36 in 1:15-cv-07458-GBD) FIRST MOTION to Amend/Correct COMPLAINT.FIRST MOTION to Remand to State Court .. Document filed by Harbor Express, LLC. Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Schneider, Michael)
December 13, 2016 Filing 32 REPLY MEMORANDUM OF LAW in Opposition re: (36 in 1:15-cv-07458-GBD, 36 in 1:15-cv-07458-GBD) FIRST MOTION to Amend/Correct COMPLAINT.FIRST MOTION to Remand to State Court . . Document filed by Pat Salmon & Sons, Inc.. Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Carvell, Diane)
December 13, 2016 Filing 31 RESPONSE in Opposition to Motion re: (36 in 1:15-cv-07458-GBD, 36 in 1:15-cv-07458-GBD) FIRST MOTION to Amend/Correct COMPLAINT.FIRST MOTION to Remand to State Court . . Document filed by Pat Salmon & Sons, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Carvell, Diane)
December 13, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Diane Beckman Carvell to RE-FILE Document (35 in 1:15-cv-07458-GBD, 30 in 1:15-cv-07483-GBD) Memorandum of Law in Opposition to Motion, (34 in 1:15-cv-07458-GBD, 29 in 1:15-cv-07483-GBD) Response in Opposition to Motion. ERROR(S): Document(s) linked to filing error(s). Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(db)
December 12, 2016 Filing 30 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: (33 in 1:15-cv-07458-GBD, 33 in 1:15-cv-07458-GBD) FIRST MOTION to Amend/Correct AMEND THE COMPLAINT.FIRST MOTION to Remand TO STATE COURT. . Document filed by Pat Salmon & Sons, Inc.. Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Carvell, Diane) Modified on 12/13/2016 (db).
December 12, 2016 Filing 29 FILING ERROR - DEFICIENT DOCKET ENTRY - RESPONSE in Opposition to Motion re: (33 in 1:15-cv-07458-GBD, 33 in 1:15-cv-07458-GBD) FIRST MOTION to Amend/Correct AMEND THE COMPLAINT.FIRST MOTION to Remand TO STATE COURT. . Document filed by Pat Salmon & Sons, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Carvell, Diane) Modified on 12/13/2016 (db).
September 7, 2016 Minute Entry for proceedings held before Judge George B. Daniels: Interim Pretrial Conference held on 9/7/2016. Plaintiff Counsel: Ezra B. Glaser; Richard M. Winograd;Defense Counsel: Michael Robert Schneider; Gary N. Stewart; Diane Beckman Carvell and Court Reporter present. The subsequent conference is scheduled for January 25, 2017 at 9:45 a.m. Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Vega, Elizabeth)
September 2, 2016 Filing 28 MEMORANDUM OF LAW in Support re: (27 in 1:15-cv-07483-GBD) MOTION to Compel New Jersey State Police Department to Comply with Subpoena to produce . . Document filed by Pat Salmon & Sons, Inc.. Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Stewart, Gary)
September 2, 2016 Filing 27 MOTION to Compel New Jersey State Police Department to Comply with Subpoena to produce . Document filed by Pat Salmon & Sons, Inc.. (Attachments: #1 Exhibit A to E, #2 Text of Proposed Order)Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Stewart, Gary)
September 1, 2016 Filing 26 SECOND LETTER addressed to Judge George B. Daniels from RICHARD M. WINOGRAD, ESQ dated September 1, 2016 re: 09/07/2016-Conference. Document filed by Aaron Leon. (Attachments: #1 Exhibit NY-SUMMONS & COMPLAINT, #2 Exhibit AFFIDAVIT OF SERVICE, #3 Exhibit BX-SUMMONS & COMPLAINT)(Winograd, Richard)
August 30, 2016 Filing 25 LETTER addressed to Judge George B. Daniels from Gary N. Stewart dated August 30, 2016 re: Withdrawal of Motion to Enforce Subpoena (#28 on Docket). Document filed by Pat Salmon & Sons, Inc..Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Stewart, Gary)
August 11, 2016 Filing 24 MEMORANDUM OF LAW in Support re: (23 in 1:15-cv-07483-GBD) MOTION for Extension of Time Motion to Enforce Subpoena. . Document filed by Pat Salmon & Sons, Inc.. Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Carvell, Diane)
August 11, 2016 Filing 23 MOTION for Extension of Time Motion to Enforce Subpoena. Document filed by Pat Salmon & Sons, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order)Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Carvell, Diane)
May 13, 2016 Opinion or Order Filing 22 ORDER: The parties shall respond to all outstanding discovery requests within the next thirty (30) days. Factual discovery shall be completed by October 7, 2016. A conference is scheduled for June 9, 2016 at 9:45AM. SO ORDERED. ( Fact Discovery due by 10/7/2016., Status Conference set for 6/9/2016 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 5/13/2016) Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(ama)
May 10, 2016 Filing 21 LETTER addressed to Judge George B. Daniels from Attorneys Gary N. Stewart and Diane B. Carvell dated May 10, 2016 re: Status Report. Document filed by Pat Salmon & Sons, Inc..Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Stewart, Gary)
May 6, 2016 Filing 20 NOTICE OF APPEARANCE by Richard M. Winograd on behalf of Aaron Leon, Maria Then(Guardian), Maria Then(Individually). (Winograd, Richard)
April 6, 2016 Filing 19 NOTICE OF APPEARANCE by Steven R. Payne on behalf of Aaron Leon, Maria Then(Guardian), Maria Then(Individually). (Payne, Steven)
January 27, 2016 Minute Entry for proceedings held before Judge George B. Daniels: Telephone Conference held on 1/27/2016. Plaintiff Counsel: Ezra B. Glaser, Glen VerchickDefense Counsel: Michael Robert Schneider, Gary N. Stewart and Court Reporter present. The subsequent conference is scheduled for April 7, 2016 at 9:45 a.m. Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Vega, Elizabeth)
January 27, 2016 Filing 18 LETTER addressed to Judge George B. Daniels from Attorney Gary N. Stewart dated 01/27/2016 re: Records support request to obtain the records requested. Document filed by Pat Salmon & Sons, Inc.. (Attachments: #1 Pattenburg Rescue Squad Records)Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Stewart, Gary)
January 22, 2016 Opinion or Order Filing 17 ORDER: A conference is scheduled for January 27, 2016 at 10:30 AM to address the outstanding discovery issue first raised in Plaintiff's letter, dated January 18, 2016. (Case No. 15-cv-07483, ECF No. 15.) Counsel based in New York City are directed to appear in person. Counsel based outside of New York City may appear by telephone. (Status Conference set for 1/27/2016 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/22/2016) Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(cf)
January 20, 2016 Filing 16 LETTER addressed to Judge George B. Daniels from Attorney Gary N. Stewart dated January 20, 2016 re: Response to Attorney Verchick's letter. Document filed by Pat Salmon & Sons, Inc.Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Stewart, Gary)
January 18, 2016 Filing 15 LETTER addressed to Judge George B. Daniels from Glenn Verchick dated 1/18/2016 re: Discovery Issue. Document filed by Aaron Leon, Maria Then(Guardian), Maria Then(Individually).(Verchick, Glenn)
January 7, 2016 Minute Entry for proceedings held before Judge George B. Daniels: Initial Pretrial Conference held on 1/7/2016. Plaintiff Counsel: Marion Conde, Glenn Venchick; Defense Counsel: Michael Robert Schneider, Gary N. Stewart, Diane Beckman Carvell and Court Reporter present.The subsequent conference is scheduled for April 7, 2016 at 9:45 a.m. (Vega, Elizabeth)
January 4, 2016 Filing 14 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Pat Salmon & Sons, Inc..Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-GBD(Stewart, Gary)
November 6, 2015 Filing 13 NOTICE OF APPEARANCE by Glenn Verchick on behalf of Aaron Leon, Maria Then(Guardian), Maria Then(Individually). (Verchick, Glenn)
November 2, 2015 Opinion or Order Filing 12 INITIAL PRETRIAL CONFERENCE: An Initial pretrial conference will be held on Thursday, January 7, 2016 at 9:30 a.m. at the United States District Courthouse, 500 Pearl Street, New York, New York, Courtroom 11A. SO ORDERED. Initial Conference set for 1/7/2016 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 11/02/2015) (ama)
November 2, 2015 Magistrate Judge Debra C. Freeman is so redesignated. (wb)
November 2, 2015 NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Edgardo Ramos is no longer assigned to the case. (wb)
October 30, 2015 Opinion or Order Filing 11 ORDER TO CONSOLIDATE CIVIL ACTION 1:15-CV-07458-GBD AND CIVIL ACTION 1:15-CV-07483-ER granting (12) Letter Motion to Consolidate Cases in case 1:15-cv-07458-GBD. On the 30th day of October, 2015, the Court having considered the motion of defendant, Pat Salmon & Sons, Inc., Inc. for the consolidation of Civil Action No. 1:15-cv-07458-GBD and Civil Action No. 1:15-cv-07483-ER, both filed in the Southern District of New York, hereby ORDERS the motion is GRANTED pursuant to Rule 42 of the Federal Rules of Civil Procedure and the cases are now consolidated. (Signed by Judge George B. Daniels on 10/30/2015) Filed In Associated Cases: 1:15-cv-07458-GBD, 1:15-cv-07483-ER (mro) Modified on 11/2/2015 (mro).
October 30, 2015 CONSOLIDATED MEMBER CASE: Create association to 1:15-cv-07458-GBD. (mro)
October 28, 2015 Opinion or Order Filing 10 ORDER granting #9 Motion for Gary N. Stewart to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
October 20, 2015 Filing 9 MOTION for Gary N. Stewart to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11527093. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pat Salmon & Sons, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Certificates of Good Standing)(Stewart, Gary)
October 20, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Gary N. Stewart to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11527093. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 16, 2015 Filing 8 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against Pat Salmon & Sons, Inc.. Document filed by Harbor Express, LLC.(Schneider, Michael)
October 16, 2015 Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Harbor Express, LLC.(Schneider, Michael)
October 16, 2015 Filing 6 NOTICE OF APPEARANCE by Michael Robert Schneider on behalf of Harbor Express, LLC. (Schneider, Michael)
September 28, 2015 Filing 5 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against Harbor Express, LLC. Document filed by Pat Salmon & Sons, Inc..(Carvell, Diane)
September 23, 2015 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SFC, LLC for Pat Salmon & Sons, Inc.. Document filed by Pat Salmon & Sons, Inc..(Carvell, Diane)
September 23, 2015 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Diane Beckman Carvell to RE-FILE Document #3 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
September 22, 2015 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (sj)
September 22, 2015 Magistrate Judge James C. Francis IV is so designated. (sj)
September 22, 2015 ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Diane Beckman Carvell. The following case opening statistical information was erroneously selected/entered: Office code White Plains. The following correction(s) have been made to your case entry: the Office code has been modified to Foley Square. (sj)
September 22, 2015 Case Designated ECF. (sj)
September 22, 2015 Filing 3 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pat Salmon & Sons, Inc..(Carvell, Diane) Modified on 9/23/2015 (lb).
September 22, 2015 Filing 2 CIVIL COVER SHEET filed. (Carvell, Diane)
September 22, 2015 Filing 1 NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 158667/2015. (Filing Fee $ 400.00, Receipt Number 0208-11418366).Document filed by Pat Salmon & Sons, Inc.. (Attachments: #1 Exhibit A)(Carvell, Diane)

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Search for this case: Juan C. Rivera et al v. Harbor Express, LLC et al
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Defendant: Pat Salmon & Sons, Inc.
Represented By: Diane Beckman Carvell
Represented By: Gary N. Stewart
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Defendant: Harbor Express, LLC
Represented By: Michael Robert Schneider
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Plaintiff: Maria Then
Represented By: Richard M. Winograd
Represented By: Steven R. Payne
Represented By: Glenn Verchick
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Plaintiff: Aaron Leon
Represented By: Richard M. Winograd
Represented By: Steven R. Payne
Represented By: Glenn Verchick
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