Caceres v. The United States of America
| Hernan Caceres |
| THE UNITED STATES OF AMERICA |
| Dr. Mikhail Itingen |
| 7:2021cv08582 |
| October 19, 2021 |
| US District Court for the Southern District of New York |
| Paul E Davison |
| Kenneth M Karas |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 267 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 2, 2022. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 5/11/2022 (on the record via AT&T teleconferencing). Telephone conference scheduled for June 24, 2022 at 12:00 p.m. (ld) |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 4/6/2022 (on the record via AT&T teleconferencing). Telephone conference scheduled for May 11, 2022 at 2:30 p.m. (ld) |
| Filing 37 NOTICE OF APPEARANCE by Shari Beth Fein on behalf of Mikhail Itingen..(Fein, Shari) |
Filing 36
ORDER deferring ruling on #33 Letter Motion to Compel. The Court will address this matter at the previously-scheduled conference on 4/6/22 @ 10:00 am. Counsel for Dr. Itingen shall participate. (HEREBY ORDERED by Magistrate Judge Paul E. Davison)(Text Only Order) (Davison, Paul)
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| Filing 35 LETTER addressed to Magistrate Judge Paul E. Davison from T. McKinley Thornton, Esq. dated 03/29/2022 re: Letter from Counsel for Dr. Itingen and Orthopedics & Sports Medicine Dated 3/22/22. Document filed by Hernan Caceres..(Thornton, Theodore) |
| Filing 34 LETTER MOTION for Conference re: #33 LETTER MOTION to Compel Orthopedics & Sports Medicine, P.C. to Comply with Records Subpoena addressed to Magistrate Judge Paul E. Davison from T. McKinley Thornton, Esq. dated 03/21/2022. Letter-Response addressed to Magistrate Judge Paul E. Davison from Andrew Harrison dated March 22, 2022. Document filed by Mikhail Itingen..(Harrison, Andrew) |
| Filing 33 LETTER MOTION to Compel Orthopedics & Sports Medicine, P.C. to Comply with Records Subpoena addressed to Magistrate Judge Paul E. Davison from T. McKinley Thornton, Esq. dated 03/21/2022. Document filed by Hernan Caceres..(Thornton, Theodore) |
| Minute Entry for proceedings held before Magistrate Judge Paul E. Davison: Telephone Conference held on 2/22/2022. Dr. Itingen shall be deposed in May 2022. Telephone conference scheduled for April 6, 2022 at 10:00 a.m. (ld) |
| Filing 32 LETTER addressed to Magistrate Judge Paul E. Davison from T. McKinley Thornton, Esq. dated 02/18/2022 re: Letter Motion by Dr. Itingen dated 02/18/2022. Document filed by Hernan Caceres..(Thornton, Theodore) |
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Filing 31
ORDER granting #30 Letter Motion for Conference re: #30 FIRST LETTER MOTION for Conference on February 22, 2022 addressed to Magistrate Judge Paul E. Davison from Andrew Harrison, Esq. dated February 18, 2022. Mr. Harrison may participate in the 2/22/22 conference. (HEREBY ORDERED by Magistrate Judge Paul E. Davison)(Text Only Order) (Davison, Paul)
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| Filing 30 FIRST LETTER MOTION for Conference on February 22, 2022 addressed to Magistrate Judge Paul E. Davison from Andrew Harrison, Esq. dated February 18, 2022. Document filed by Mikhail Itingen..(Harrison, Andrew) |
| Filing 29 ANSWER to #28 Amended Complaint. Document filed by The United States of America..(Kim, Elizabeth) |
| Filing 28 AMENDED COMPLAINT amending #1 Complaint against The United States of America.Document filed by Hernan Caceres. Related document: #1 Complaint..(Thornton, Theodore) |
| Filing 27 ANSWER to #1 Complaint. Document filed by The United States of America..(Kim, Elizabeth) |
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Filing 26
SCHEDULING ORDER: The Court has scheduled a Telephone Conference before the Honorable Paul E. Davison, United States Magistrate Judge, on February 22, 2022 at 10:30 a.m. PLEASE NOTE JUDGE DAVISON'S COVID-19 ORDER (docketed separately) setting forth procedures applicable to all civil cases. PLEASE NOTIFY YOUR ADVERSARY OF THIS SCHEDULE IMMEDIATELY. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 1/25/2022) Telephone Conference set for 2/22/2022 at 10:30 AM before Magistrate Judge Paul E. Davison. (ks)
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Filing 25
DISCOVERY ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure 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. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 1/24/2022) (ks)
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Filing 24
ORDER: Beginning March 30, 2020, until further notice, all parties to civil conferences before Judge Davison shall attend by phone, using the following information: Toll-Free Number: (877) 336-1839 Access Code: 5999739 The parties should call in from a landline and announce their names before speaking. For Settlement Conferences: Clients should NOT be on the conference call. Counsel must have ready telephonic access to clients. SO ORDERED. (Signed by Magistrate Judge Paul E. Davison on 1/24/2022) (ks)
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| Minute Entry for proceedings held before Judge Kenneth M. Karas: Initial Conference held on 1/19/2022. Theodore McKinley Thornton appeared on behalf of Plaintiff. Elizabeth Kim appeared on behalf of the United States. No court reporter served. The Court adopted a case management order. See Order. The Court will hold a status conference on September 20, 2022 at 11:30 am. Any pre-motion letters are due by September 6, 2022, and the non-movant's response is due on September 13, 2022. (JMG) |
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Filing 23
CASE MANAGEMENT AND SCHEDULING ORDER: This case is not to be tried to a jury. All counsel must meet for at least one hour to discuss settlement not later than two weeks following the close of fact discovery. Counsel for the parties have discussed holding a settlement conference before a Magistrate Judge. The parties request a settlement conference before a United States Magistrate Judge. Counsel for the parties have discussed the use of the Court's Mediation Program. The parties do not request that the case be referred to the Court's mediation program. Counsel for the parties have discussed the use of a privately-retained mediator. The parties do not intend to use a privately- retained mediator. The parties shall submit a Joint Pretrial Order prepared in accordance with the undersigned's Individual Practices and Rule 26(a)(3), Fed.R.Civ.P. If this action is to be tried before a jury, proposed voir dire, jury instructions and a verdict form shall be filed with the Joint Pretrial Order. Counsel are required to meet and confer on jury instructions and verdict form in an effort effort to make an agreed upon submission. Parties have conferred and their present best estimate of the length of trial is two weeks. Motions due by 9/6/2022. Responses due by 9/13/2022, Expert Deposition due by 8/19/2022. Depositions due 6/19/2022 Fact Discovery due by 6/19/2022. Case Management Conference set for 9/20/2022 at 11:30 AM before Judge Kenneth M. Karas. So Ordered. (Signed by Judge Kenneth M. Karas on 1/19/2022) (js)
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Filing 22
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). Referred to Magistrate Judge Paul E. Davison. So Ordered. (Signed by Judge Kenneth M. Karas on 1/19/22) (yv)
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| Filing 21 PROPOSED CASE MANAGEMENT PLAN. Document filed by The United States of America..(Kim, Elizabeth) |
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Filing 20
NOTICE OF TELECONFERENCE INFORMATION: For the week of January 17, 2022, the Court will hold all civil conferences, hearings, and/or oral arguments by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/14/2022) (jca)
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Filing 19
CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for an initial conference before the Honorable Kenneth M. Karas, United States District Judge, on Wednesday, January 19, 2022 at 10:15 a.m. NOTICE OF TELECONFERENCE INFORMATION: Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign(#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the prose party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. So Ordered. ( Initial Conference set for 1/19/2022 at 10:15 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 12/17/21) (yv)
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 12/16/21) (yv)
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| Filing 17 LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Kenneth M. Karas from AUSA Elizabeth J. Kim dated 12/16/21. Document filed by The United States of America..(Kim, Elizabeth) |
| Filing 16 MEMO ENDORSEMENT on re: #15 Letter filed by The United States of America. ENDORSEMENT: Granted. The Certificate of Default is vacated. (Signed by Judge Kenneth M. Karas on 11/30/2021) (rro) |
| Filing 15 LETTER addressed to Judge Kenneth M. Karas from AUSA Elizabeth J. Kim dated 11/30/21 re: Request to vacate Clerk's Certificate of Default. Document filed by The United States of America..(Kim, Elizabeth) |
| Filing 14 NOTICE OF APPEARANCE by Elizabeth J. Kim on behalf of The United States of America..(Kim, Elizabeth) |
| Filing 13 Vacated as per Judge's Order dated 11/30/2021, Doc. #16 CLERK'S CERTIFICATE OF DEFAULT as to the United States of America.(km) Modified on 11/30/2021 (rro). |
| Filing 12 AFFIDAVIT of T. McKinley Thornton, Esq. in Support re: #11 Proposed Clerk's Certificate of Default. Document filed by Hernan Caceres..(Thornton, Theodore) |
| Filing 11 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Hernan Caceres..(Thornton, Theodore) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/24/2021 (km). |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Hernan Caceres. (Attachments: #1 Affidavit Request & Affidavit for Certificate of Default).(Thornton, Theodore) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 11/24/2021 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Theodore Thornton. RE-FILE Document No. #10 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): The clerk's certificate is not filed correctly. Please refer to ECF Rule 16.1 for filing instructions. Also, the clerk's certificate is not at to form. Please use the sample clerk's certificate that is on our website under forms. (km) |
| Filing 9 AFFIDAVIT OF SERVICE. The United States of America served on 10/28/2021, answer due 11/18/2021. Document filed by Hernan Caceres..(Thornton, Theodore) |
| Filing 8 AFFIDAVIT OF SERVICE. Service was made by Mail. Document filed by Hernan Caceres..(Thornton, Theodore) |
| Filing 7 AFFIDAVIT OF SERVICE. The United States of America served on 10/22/2021, answer due 11/12/2021. Service was made by Mail. Document filed by Hernan Caceres..(Thornton, Theodore) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to The United States of America.(vf) |
| Filing 5 CIVIL COVER SHEET filed..(Thornton, Theodore) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Theodore Mckinley Thornton to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): PDF Error, the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Theodore Mckinley Thornton. The party information for the following party/parties has been modified: THE UNITED STATES OF AMERICA. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Theodore Mckinley Thornton. The following case opening statistical information was erroneously selected/entered: Cause of Action code Blank; Dollar Demand 100,000,000; County code Orange. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:2679(d)(2) Federal Tort Claims Act - Employee of U.S.A.; the Dollar Demand has been modified to 9,999,000; the County code has been modified to Rockland. (vf) |
| Magistrate Judge Paul E. Davison 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. (vf) |
| Case Designated ECF. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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..(vf) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hernan Caceres..(Thornton, Theodore) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Thornton, Theodore) Modified on 10/20/2021 (vf). |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to THE UNITED STATES OF AMERICA, re: #1 Complaint. Document filed by Hernan Caceres..(Thornton, Theodore) |
| Filing 1 COMPLAINT against The United States of America. (Filing Fee $ 402.00, Receipt Number ANYSDC-25216795)Document filed by Hernan Caceres..(Thornton, Theodore) |
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