Beck v. Smith, Jr. et al
| Calynn Beck |
| Edward M. Smith, Jr. and Landstar Inway, Inc. |
| 7:2019cv01062 |
| February 4, 2019 |
| US District Court for the Southern District of New York |
| Judith C McCarthy |
| Motor Vehicle |
| 28 U.S.C. § 1446 nr |
| Defendant |
Docket Report
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Filing 14
ORDER, In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to ensure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: The party objecting to disclosure, claiming an insufficient response to a discovery request or asserting a privilege bears the burden of coming forward by bringing the dispute to the attention of the Court as hereinafter set forth, as further set forth in this Order. SO ORDERED. (Signed by Magistrate Judge Judith C. McCarthy on 3/25/2019) (kv)
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Filing 13
SCHEDULING ORDER: The Court has scheduled a Status Conference for April 19, 2019 at 11:30 a.m. before Magistrate Judge Judith C. McCarthy in Courtroom 421. Any party seeking to reschedule shall telephone Chambers with all other parties on the line. SO ORDERED. Status Conference set for 4/19/2019 at 11:30 AM in Courtroom 421, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Judith C. McCarthy. (Signed by Magistrate Judge Judith C. McCarthy on 3/25/2019) (kv)
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| Filing 12 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Calynn Beck, Landstar Inway, Inc., Edward M. Smith, Jr.. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Judith C. McCarthy. (Signed by Judge Vincent L. Briccetti on 3/21/2019) (mml) |
| Filing 11 NOTICE of Notice, Consent and Reference of a Civil Action To A Magistrate Judge. Document filed by Landstar Inway, Inc., Edward M. Smith, Jr.. (Payne, Jeffrey) |
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to File: The parties' time to advise the Court if the parties consent to proceed before Magistrate Judge McCarthy is extended to 3/20/2019. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mpe)
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| Filing 9 LETTER MOTION for Extension of Time to File Notice and Consent to Proceed with Magistrate Judge addressed to Judge Vincent L. Briccetti from Jeffrey A. Payne, Esq. dated March 13, 2019. Document filed by Landstar Inway, Inc., Edward M. Smith, Jr..(Payne, Jeffrey) |
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Filing 8
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to jury. Motions due by 4/5/2019. Non-Expert Deposition due by 5/31/2019. Expert Deposition due by 8/26/2019. Fact Discovery due by 7/9/2019. Expert Discovery due by 8/26/2019. Discovery due by 9/6/2019. Case Management Conference set for 9/11/2019 at 09:30 AM before Judge Vincent L. Briccetti. The parties have conferred and their present best estimate of the length of trial is 5 to 7 days. 16. By 3/13/19, counsel shall advise the Court whether the parties consent to a referral for all purposes to the magistrate judge. (Signed by Judge Vincent L. Briccetti on 3/6/2019) (mml)
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| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Initial Pretrial Conference held on 3/6/2019. Case management plan signed. By 3-13-19 Counsel shall advise the Court whether the parties consent to a referral for all purposes to the Magistrate Judge. Next conference is scheduled for 9-11-19 at 9:30 a.m. (dh) |
| Filing 7 DEMAND for Trial by Jury. Document filed by Landstar Inway, Inc., Edward M. Smith, Jr. (Attachments: #1 Affidavit Declaration of Service of Jury Demand)(Payne, Jeffrey) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Blackrock, Inc., Corporate Parent Landstar System Holdings, Inc. for Landstar Inway, Inc.. Document filed by Landstar Inway, Inc..(Payne, Jeffrey) |
| Filing 5 CIVIL COVER SHEET filed. (Payne, Jeffrey) |
| Filing 4 NOTICE OF INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 3-6-19 at 9;15 a.m., at the United States Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601. Initial Conference set for 3/6/2019 at 09:15 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (ama) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Jeffrey Alan Payne to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple citizenship of principal parties for the defendant were selected. Choose one. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jeffrey Alan Payne. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1441nr; County code Dutchess;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1446nr; the County code has been modified to XX Out of State;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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. (pc) |
| Magistrate Judge Judith C. McCarthy 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: #http://nysd.uscourts.gov/forms.php. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Landstar Inway, Inc..(Payne, Jeffrey) Modified on 2/4/2019 (lb). |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed. (Payne, Jeffrey) Modified on 2/5/2019 (pc). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Dutchess County. Case Number: 2018-51649. (Filing Fee $ 400.00, Receipt Number ANYSDC-16290329).Document filed by Landstar Inway, Inc., Edward M. Smith, Jr.. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Defendants' Answer, #3 Exhibit C - Demand for Damages)(Payne, Jeffrey) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jeffrey Alan Payne 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) |
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