Abskharon et al v. Air Canada
| Peter A. Abskharon, Barry Winograd and Nikki M. Abskharon |
| Air Canada |
| 7:2020cv11037 |
| December 30, 2020 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Defendant |
Docket Report
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This docket was last retrieved on August 27, 2021. A more recent docket listing may be available from PACER.
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Filing 36
STIPULATION AND ORDER REGARDING PLAINTIFF'S FILING AN AMENDED COMPLAINT, IT IS HEREBY STIPULATED AND AGREED THAT: Plaintiff may file an amended complaint on or before March 15, 2021. SO ORDERED. ( Amended Pleadings due by 3/15/2021.) (Signed by Judge Philip M. Halpern on 2/25/21) (yv)
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| Filing 35 PROPOSED STIPULATION AND ORDER. Document filed by Barry Winograd..(Kravec, Joseph) |
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Filing 34
STIPULATION AND ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION: After conferring on these matters, the Parties hereby propose to the Court the following stipulated order for production of Electronically Stored Information ("ESI Order"). The Parties will endeavor to produce documents in a reasonably timely manner and in accordance with the timelines set forth in the Federal Rules of Civil Procedure and the Court's scheduling orders, as emended. Production in the Litigation is anticipated to be conducted on a rolling basis with Parties making reasonable efforts to expedite the process. If either Party feels production has been unreasonably delayed or in any way deficient, the Parties shall meet and confer to reach a mutually agreeable consensus prior to court involvement. This Order and Stipulation shall be deemed filed in each action indicated in the caption hereof. SO ORDERED, this 8th day of February, 2021. (Signed by Judge Philip M. Halpern on 2/8/2021) (ks)
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| Filing 33 NOTICE OF APPEARANCE by Sarah G. Passeri on behalf of Air Canada..(Passeri, Sarah) |
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Filing 32
JOINT 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 a jury. Motions due by 3/1/2021. Deposition due by 7/28/2021. Fact Discovery due by 7/28/2021. Discovery due by 7/28/2021. Case Management Conference set for 8/18/2021 at 10:30 AM before Judge Philip M. Halpern. The parties have conferred and their present best estimate of the length of the trial is to be determined after the motion for class certification has been decided. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/28/2021) (ks)
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| Filing 31 NOTICE of and Stipulation of Voluntary Dismissal of the Claims of Nikki M. Abskaron and Peter A. Abskaron Only. Document filed by Nikki M. Abskharon, Peter A. Abskharon..(Kravec, Joseph) |
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Filing 30
ORDER: Counsel for all parties in this action appeared telephonically at 2:00 p.m. today for an initial conference. For the reasons discussed on the record and on consent of counsel in this action, the Court consolidates, pursuant to Fed. R. Civ. P. 42(a)(3), this action and the related actions entitled Piercy v. Air Canada, 20-cv-04988-PMH, and Abskharon et al. v. Air Canada, 20-cv-11037, for discovery purposes only, without prejudice. In connection therewith, as discussed at the conference, the Court directs counsel for the parties in all three actions to meet and confer to discuss the Court's directives concerningdiscovery, and to prepare and file a consolidated proposed civil case discovery plan and scheduling order, limiting fact discovery to six months, and with two months for expert discovery thereafter if necessary. The proposed consolidated civil case discovery plan and scheduling order shall be filed by counsel for plaintiff in the Vozzolo action on or before 1/26/2021. The Clerk of Court is respectfully directed to docket this Order in each of the three cases identified herein. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/19/2021) (ks)
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| NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Unassigned is no longer assigned to the case..(wb) |
| CASE ACCEPTED AS RELATED. Create association to 7:20-cv-03503-PMH. Notice of Assignment to follow. (wb) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| Filing 29 NOTICE of of Related Case. Document filed by Nikki M. Abskharon, Peter A. Abskharon, Barry Winograd..(Kravec, Joseph) |
| Filing 28 NOTICE OF APPEARANCE by Antonio Vozzolo on behalf of Barry Winograd..(Vozzolo, Antonio) |
| Filing 27 NOTICE OF APPEARANCE by Joseph Nicholas Kravec on behalf of Nikki M. Abskharon, Peter A. Abskharon, Barry Winograd..(Kravec, Joseph) |
| Filing 26 CASE TRANSFERRED IN from the United States District Court - District of California Northern; Case Number: 3:20-cv-07464. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| CASE REFERRED TO Judge Philip M. Halpern as possibly related to 7:20-cv-03503. (sjo) |
| 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. (sjo) |
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Filing 25
ORDER by Judge Vince Chhabria granting #22 Stipulation to Dismiss and Transfer. (vclc3S, COURT STAFF) (Filed on 12/26/2020) [Transferred from California Northern on 12/30/2020.]
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| Filing 24 REPLY (re #18 MOTION to Transfer Case ) filed byAir Canada. (Shively, Ashley) (Filed on 12/22/2020) [Transferred from California Northern on 12/30/2020.] |
| Filing 23 REPLY (re #16 MOTION to Remand of the UCL Claims for Restitution or, Alternatively, for Dismissal of Those Claims Without Prejudice to Refiling in State Court ) filed byNikki M. Abskharon, Peter A. Abskharon, Barry Winograd. (Lison, Wyatt) (Filed on 12/22/2020) [Transferred from California Northern on 12/30/2020.] |
| Filing 22 STIPULATION WITH PROPOSED ORDER re #17 Brief, #16 MOTION to Remand of the UCL Claims for Restitution or, Alternatively, for Dismissal of Those Claims Without Prejudice to Refiling in State Court, #18 MOTION to Transfer Case filed by Air Canada. (Shively, Ashley) (Filed on 12/18/2020) [Transferred from California Northern on 12/30/2020.] |
| Filing 21 OPPOSITION/RESPONSE (re #16 MOTION to Remand of the UCL Claims for Restitution or, Alternatively, for Dismissal of Those Claims Without Prejudice to Refiling in State Court ) filed byAir Canada. (Shively, Ashley) (Filed on 12/11/2020) [Transferred from California Northern on 12/30/2020.] |
| Filing 20 OPPOSITION/RESPONSE (re #18 MOTION to Transfer Case ) filed byNikki M. Abskharon, Peter A. Abskharon, Barry Winograd. (Lison, Wyatt) (Filed on 12/11/2020) [Transferred from California Northern on 12/30/2020.] |
| Set/Reset Deadlines as to #16 MOTION to Remand of the UCL Claims for Restitution or, Alternatively, for Dismissal of Those Claims Without Prejudice to Refiling in State Court, #18 MOTION to Transfer Case . Responses due by 12/11/2020. Replies due by 12/22/2020. (knmS, COURT STAFF) (Filed on 11/27/2020) [Transferred from California Northern on 12/30/2020.] |
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Filing 19
ORDER by Judge Vince Chhabria granting #14 Stipulation to Continue Case Management Conference and Extend Briefing Schedule. (vclc3S, COURT STAFF) (Filed on 11/24/2020) [Transferred from California Northern on 12/30/2020.]
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| Filing 18 MOTION to Transfer Case filed by Air Canada. Motion Hearing set for 1/14/2021 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 12/4/2020. Replies due by 12/11/2020. (Mayer, Danielle) (Filed on 11/20/2020) [Transferred from California Northern on 12/30/2020.] |
| Filing 17 Brief re #16 MOTION to Remand of the UCL Claims for Restitution or, Alternatively, for Dismissal of Those Claims Without Prejudice to Refiling in State Court filed byNikki M. Abskharon, Peter A. Abskharon, Barry Winograd. (Related document(s) #16 ) (Lison, Wyatt) (Filed on 11/20/2020) [Transferred from California Northern on 12/30/2020.] |
| Filing 16 MOTION to Remand of the UCL Claims for Restitution or, Alternatively, for Dismissal of Those Claims Without Prejudice to Refiling in State Court filed by Nikki M. Abskharon, Peter A. Abskharon, Barry Winograd. Motion Hearing set for 1/14/2021 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 12/4/2020. Replies due by 12/11/2020. (Lison, Wyatt) (Filed on 11/20/2020) [Transferred from California Northern on 12/30/2020.] |
| Filing 15 Declaration of Wyatt A. Lison in Support of #14 STIPULATION WITH PROPOSED ORDER Continuing Initial Case Management Conference and Entering Briefing Schedule filed byNikki M. Abskharon, Peter A. Abskharon, Barry Winograd. (Related document(s) #14 ) (Lison, Wyatt) (Filed on 11/19/2020) [Transferred from California Northern on 12/30/2020.] |
| Filing 14 STIPULATION WITH PROPOSED ORDER Continuing Initial Case Management Conference and Entering Briefing Schedule filed by Nikki M. Abskharon, Peter A. Abskharon, Barry Winograd. (Lison, Wyatt) (Filed on 11/19/2020) [Transferred from California Northern on 12/30/2020.] |
| Filing 13 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 11/24/2020. Initial Case Management Conference set for 12/1/2020, 02:00 PM, by Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Tuesday, November 24, 2020, at 10:00 a.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Case Ma nagement Statement due by 11/24/2020. Initial Case Management Conference set for 12/1/2020, 02:00 PM, by Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knmS, COURT STAFF) (Filed on 11/4/2020) [Transferred from California Northern on 12/30/2020.] |
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Filing 12
Order by Judge Vince Chhabria granting #11 Stipulation to Extend Time. (vclc3S, COURT STAFF) (Filed on 11/1/2020) [Transferred from California Northern on 12/30/2020.]
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| Filing 11 STIPULATION WITH PROPOSED ORDER Extending Time for Air Canda to Answer or Otherwise Respond to The Complaint filed by Air Canada. (Shively, Ashley) (Filed on 10/28/2020) [Transferred from California Northern on 12/30/2020.] |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 10/27/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 10/27/2020) [Transferred from California Northern on 12/30/2020.]
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| Filing 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (amgS, COURT STAFF) (Filed on 10/27/2020) [Transferred from California Northern on 12/30/2020.] |
| Filing 8 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/27/2021. Initial Case Management Conference set for 2/3/2021 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 10/26/2020)[Transferred from California Northern on 12/30/2020.] |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Nikki M. Abskharon, Peter A. Abskharon, Barry Winograd.. (Lison, Wyatt) (Filed on 10/26/2020) [Transferred from California Northern on 12/30/2020.] |
| Filing 6 NOTICE of Appearance by Wyatt A. Lison (Lison, Wyatt) (Filed on 10/26/2020) [Transferred from California Northern on 12/30/2020.] |
| Filing 5 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/6/2020. (bwS, COURT STAFF) (Filed on 10/23/2020) [Transferred from California Northern on 12/30/2020.] |
| Filing 4 NOTICE of Pendency of Other Action by Air Canada (Mayer, Danielle) (Filed on 10/23/2020) Modified on 10/26/2020 (jmlS, COURT STAFF). [Transferred from California Northern on 12/30/2020.] |
| Filing 3 Certificate of Interested Entities by Air Canada (Mayer, Danielle) (Filed on 10/23/2020) [Transferred from California Northern on 12/30/2020.] |
| Filing 2 Corporate Disclosure Statement by Air Canada (Mayer, Danielle) (Filed on 10/23/2020) [Transferred from California Northern on 12/30/2020.] |
| Filing 1 NOTICE OF REMOVAL of Civil Action to Federal District Court from Alameda Superior Court of California with jury demand. Their case number is RG20071263. (Filing fee $400 receipt number 0971-15105963). Filed by Air Canada. (Attachments: #1 Declaration of Ashley L. Shively, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Declaration of Kevin Strohmaier, #6 Civil Cover Sheet)(Mayer, Danielle) (Filed on 10/23/2020) Modified on 10/26/2020 (jmlS, COURT STAFF). [Transferred from California Northern on 12/30/2020.] |
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