Kuncio v. Armstrong et al
| Stephen A. Kuncio |
| Marques O. Armstrong, Amazon Logistics, Inc. and Bold Move Logistics LLC |
| 7:2022cv01752 |
| March 2, 2022 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Andrew E Krause |
| Motor Vehicle |
| 28 U.S.C. § 1332 mv Diversity-Motor Vehicle Product Liability |
| Defendant |
Docket Report
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This docket was last retrieved on October 14, 2022. A more recent docket listing may be available from PACER.
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Filing 24
CONSENT TO CHANGE ATTORNEY: IT IS HEREBY CONSENTED THAT, LITCHFIELD CAVO, LLP, 420 Lexington Avenue, Suite 2104, New York, New York, shall be substituted as attorneys of record for defendant, AMAZON LOGISTICS, INC. in the above captioned action in place and stead of WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP, 1133 Westchester Avenue, White Plains, New York 10604. IT IS FURTHER AGREED the Consent may be executed in counterparts and facsimile copies of signatures shall be deemed as originals. The Clerk's Office is respectfully directed to terminate Brittaney J. Overbeck and John A. Hsu from the docket. SO ORDERED. Attorney John Andrew Hsu and Brittaney Joyce Overbeck terminated. (Signed by Magistrate Judge Andrew E. Krause on 9/9/2022) (jca)
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| Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Status Conference held on 9/8/2022. Jonathan Burke VanDina appeared by telephone on behalf of the plaintiff. Edward M. Fogarty appeared by telephone on behalf of the defendants. The deadline to complete fact depositions is hereby extended to September 26, 2022. The expert discovery schedule is as follows: Plaintiffs expert disclosures due by October 7, 2022; Defendants expert disclosures due by November 4, 2022; all expert discovery, including depositions, due by November 30, 2022. Next conference scheduled for 11/3/2022 at 9:30 a.m. using the same teleconference information as the 9/8/2022 conference. (Court Reporter AT&T) (sbr) |
| Filing 23 ANSWER to #20 Amended Complaint. Document filed by Amazon Logistics, Inc., Marques O. Armstrong, Bold Move Logistics LLC..(Fogarty, Edward) |
| Filing 22 AFFIDAVIT OF SERVICE. Service was accepted by Olga Romero. Document filed by Stephen A. Kuncio..(VanDina, Jonathan) |
| Filing 21 AFFIDAVIT OF SERVICE. Amazon Logistics, Inc. served on 7/13/2022, answer due 8/3/2022; Marques O. Armstrong served on 7/13/2022, answer due 8/3/2022. Service was accepted by Olga Romero. Document filed by Stephen A. Kuncio..(VanDina, Jonathan) |
| Filing 20 FIRST AMENDED COMPLAINT amending #19 Amended Complaint against Amazon Logistics, Inc., Marques O. Armstrong, Bold Move Logistics LLC.Document filed by Stephen A. Kuncio. Related document: #19 Amended Complaint..(VanDina, Jonathan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jonathan Burke VanDina to RE-FILE Document No. #19 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the first page of the PDF must be removed; the All Defendant radio button was 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. (jgo) |
| Filing 19 FILING ERROR DEFICIENT PLEADING - PDF ERROR - FIRST AMENDED COMPLAINT against All Defendants.Document filed by Stephen A. Kuncio..(VanDina, Jonathan) Modified on 7/7/2022 (jgo). |
| Minute Entry for proceedings held before Magistrate Judge Andrew E. Krause: Status Conference held on 6/24/2022. Jonathan VanDina appeared on behalf of the plaintiff. Edward Fogarty, Jr. appeared on behalf of the defendants. The Court hereby authorizes the plaintiff to file an amended complaint, as discussed during the conference. Plaintiff is to file his amended complaint by 7/8/2022. Responses to the amended complaint on behalf of all defendants, including any newly added defendant(s), are to be filed by 7/22/2022. Next conference set for 9/8/2022 at 9:30 a.m. Parties are directed to call the same teleconference number as the 6/24/2022 conference. (Court Reporter AT&T) (sbr) |
| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Marques O. Armstrong and without costs. Document filed by Amazon Logistics, Inc.. Proposed Order to be reviewed by Clerk's Office staff...(Fogarty, Edward) Modified on 6/10/2022 (nd). |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Marques O. Armstrong and without costs. Document filed by Marques O. Armstrong. Proposed Order to be reviewed by Clerk's Office staff...(Fogarty, Edward) Modified on 6/10/2022 (nd). |
| Filing 16 NOTICE of Substitution of Attorney. Old Attorney: Brittaney J. Overbeck, Esq., New Attorney: Edward Fogarty, Jr., Address: Litchfield Cavo LLP, 420 Lexington Avenue, Suite 2104, New York, NY, United States 10170, 212-434-0101. Document filed by Marques O. Armstrong..(Fogarty, Edward) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Fogarty, Edward. RE-FILE Document No. #17 Stipulation of Voluntary Dismissal,. The filing is deficient for the following reason(s): the wrong party whom the voluntary dismissal is against was selected;. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (nd) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Edward Fogarty. RE-FILE Document No. #18 Stipulation of Voluntary Dismissal,,. The filing is deficient for the following reason(s): the wrong filer/filers was/were selected for the voluntary dismissal; the wrong party/parties whom the voluntary dismissal is against was/were selected; the stipulation of voluntary dismissal was not signed by all parties who have appeared;. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (nd) |
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Filing 15
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: As further set forth by this Order. (Signed by Magistrate Judge Andrew E. Krause on 5/16/2022) (tg)
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Filing 14
SCHEDULING ORDER: This matter has been referred to Magistrate Judge Andrew E. Krause for general pretrial supervision. ECF No. 13. A telephonic status conference before Magistrate Judge Krause is hereby scheduled for Friday, June 24, 2022, at 10:00 a.m. To access the teleconference, please follow these directions: (1) dial the meeting number: (877) 336-1831; (2) enter the access code: 2751700; and (3) press pound (#) to enter the teleconference as a guest. Should counsel experience any technical issues with the teleconferencing system, please contact Chambers at (914) 390-4070. SO ORDERED. Telephone Conference set for 6/24/2022 at 10:00 AM before Magistrate Judge Andrew E. Krause. (Signed by Magistrate Judge Andrew E. Krause on 5/16/2022) (tg)
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Filing 13
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 Andrew E. Krause. So Ordered. (Signed by Judge Kenneth M. Karas on 5/12/22) (yv)
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Filing 12
CASE MANAGEMENT AND SCHEDULING ORDER: This case is to be tried to a jury. Depositions to be completed by September 8, 2022. All expert disclosures, including reports, production of underlying documents and depositions are to be completed by: a. Expert(s) of Plaintiff(s) November 30, 2022. b. Expert(s) of Defendant(s) November 30, 2022. Parties have conferred and their present best estimate of the length of trial is 3-4 days. The next Case Management Conference is scheduled for November 16, 2022 at 10:30 am. Deposition due by 11/30/2022. Fact Discovery due by 9/26/2022. Case Management Conference set for 11/16/2022 at 10:30 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 5/12/2022) (ate)
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| Filing 11 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Amazon Logistics, Inc...(Overbeck, Brittaney) |
| Minute Entry for proceedings held before Judge Kenneth M. Karas: Initial Pretrial Conference held on 5/12/2022. Jonathan VanDina appeared on behalf of Plaintiff. Edward Fogarty Jr. appeared on behalf of Defendant Armstrong. Brittaney Overbeck appeared on behalf of Defendant Amazon. No court reporter served. The Court will hold a status conference on November 16, 2022 at 10:30 am. Any pre-motion letters are due November 2, 2022, and the non-movant's response is due November 9, 2022. (JMG) |
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Filing 10
NOTICE OF TELECONFERENCE INFORMATION: For the week of May 9, 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 5/6/2022) (tg)
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Filing 9
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 Thursday, May 12, 2022 at 11:00 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 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. 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 5/12/2022 at 11:00 AM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 4/18/2022) (vfr)
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| Filing 8 ANSWER to Complaint with JURY DEMAND. Document filed by Marques O. Armstrong..(Fogarty, Edward) |
| Filing 7 NOTICE OF APPEARANCE by Jonathan Burke VanDina on behalf of Stephen A. Kuncio..(VanDina, Jonathan) |
| Filing 6 CIVIL COVER SHEET filed..(Overbeck, Brittaney) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Andrew Hsu. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,000,000,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney John Andrew Hsu to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): 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.. (pc) |
| 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..(pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Andrew E. Krause 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. (pc) |
| Filing 5 NOTICE OF APPEARANCE by Brittaney Joyce Overbeck on behalf of Amazon Logistics, Inc...(Overbeck, Brittaney) |
| Filing 4 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Hsu, John) Modified on 3/3/2022 (pc). |
| Filing 3 DEMAND for Trial by Jury. Document filed by Amazon Logistics, Inc..(Hsu, John) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Amazon.Com, Inc. for Amazon Logistics, Inc.. Document filed by Amazon Logistics, Inc...(Hsu, John) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 67596/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25806275).Document filed by Amazon Logistics, Inc.. (Attachments: #1 Exhibit Summons, Complaint and AOS, #2 Exhibit Amazon Answer and Demands, #3 Exhibit Plaintiffs Response, #4 Exhibit NYSEF Print Out, #5 Exhibit Police Report).(Hsu, John) |
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