Kelly v. Montreign Operating Company, LLC
Plaintiff: Virginia Kelly
Defendant: Resorts World Catskills, EPT Concord II, LLC, Empire Resorts Inc. and Montreign Operating Company, LLC
Case Number: 7:2023cv10321
Filed: November 27, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Philip M Halpern
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 pi Diversity-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 22, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 22, 2024 Filing 20 NOTICE OF APPEARANCE by Timothy George Tuttle on behalf of Empire Resorts Inc., Montreign Operating Company, LLC, Resorts World Catskills..(Tuttle, Timothy)
January 22, 2024 Filing 19 ANSWER to Complaint with JURY DEMAND. Document filed by Empire Resorts Inc., Montreign Operating Company, LLC, Resorts World Catskills..(Gasparini, Louis)
January 9, 2024 Opinion or Order Filing 18 STIPULATION TO AMEND CAPTION AND PARTIAL DISCONTINUANCE AS TO RESORTS WORLD CATSKILLS, EPT CONCORD IIC, LLC and EMPIRE RESORTS, INC IT IS FURTHER HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for all parties in the above-entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of this action, the above-entitled action, including all cross-claims and counterclaims, is hereby discontinued in its entirety without prejudice as to Defendants, Resorts World Catskills, EPT Concord II, LLC, Empire Resorts, Inc., only. Should it be found that Resorts World Catskills, EPT Concord II, LLC, and/or Empire Resorts, Inc. are appropriate defendants in this matter, the Parties agree that the statute of limitations is tolled and Plaintiff may reinstitute this action against Resorts World Catskills, EPT Concord II, LLC, Empire Resorts, Inc. at a later date. The Clerk of Court is respectfully requested to amend the caption as set forth in the parties' stipulation and to terminate as defendants herein Resorts World Catskills, EPT Concord II, LLC, and Empire Resorts, Inc. SO ORDERED.Resorts World Catskills, EPT Concord II, LLC and Empire Resorts Inc. terminated. (Signed by Judge Philip M. Halpern on 1/9/2024) (jca)
January 8, 2024 Filing 17 PROPOSED STIPULATION AND ORDER. Document filed by Montreign Operating Company, LLC..(Gasparini, Louis)
December 22, 2023 Opinion or Order Filing 16 ORDER granting #15 Letter Motion for Extension of Time to Answer re #15 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Philip M. Halpern from Louis U. Gasparini dated December 22, 2023. Application granted. SO ORDERED. Empire Resorts Inc. answer due 1/22/2024; Montreign Operating Company, LLC answer due 1/22/2024 (Signed by Judge Philip M. Halpern on 12/22/2023) (jca)
December 22, 2023 Filing 15 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, addressed to Judge Philip M. Halpern from Louis U. Gasparini dated December 22, 2023. Document filed by Empire Resorts Inc., Montreign Operating Company, LLC, Resorts World Catskills..(Gasparini, Louis)
December 19, 2023 Filing 14 AFFIDAVIT OF SERVICE. Empire Resorts Inc. served on 12/13/2023, answer due 1/3/2024. Service was accepted by Nancy Dougherty. Document filed by Virginia Kelly..(Perry, Mark)
December 19, 2023 Filing 13 AFFIDAVIT OF SERVICE. Montreign Operating Company, LLC served on 12/13/2023, answer due 1/3/2024. Service was accepted by Nancy Dougherty. Document filed by Virginia Kelly..(Perry, Mark)
December 19, 2023 Filing 12 AFFIDAVIT OF SERVICE. EPT Concord II, LLC served on 12/13/2023, answer due 1/3/2024. Service was accepted by Nancy Dougherty. Document filed by Virginia Kelly..(Perry, Mark)
December 19, 2023 Filing 11 AFFIDAVIT OF SERVICE. Resorts World Catskills served on 12/11/2023, answer due 1/2/2024. Service was accepted by Elijah Leonard. Document filed by Virginia Kelly..(Perry, Mark)
December 1, 2023 Filing 10 CIVIL COVER SHEET filed..(Perry, Mark)
November 28, 2023 Filing 9 ELECTRONIC SUMMONS ISSUED as to Resorts World Catskills..(jgo)
November 28, 2023 Filing 8 ELECTRONIC SUMMONS ISSUED as to Montreign Operating Company, LLC..(jgo)
November 28, 2023 Filing 7 ELECTRONIC SUMMONS ISSUED as to EPT Concord II, LLC..(jgo)
November 28, 2023 Filing 6 ELECTRONIC SUMMONS ISSUED as to Empire Resorts Inc...(jgo)
November 28, 2023 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Mark T Perry. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)
November 28, 2023 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mark T Perry. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 2 (Citizen of Another State); County code Sullivan; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo)
November 28, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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..(jgo)
November 28, 2023 Magistrate Judge Judith C. McCarthy is designated to handle matters that may be referred in this case. 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. (jgo)
November 28, 2023 Case Designated ECF. (jgo)
November 27, 2023 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Montreign Operating Company, LLC, re: #1 Complaint,. Document filed by Virginia Kelly..(Perry, Mark)
November 27, 2023 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Empire Resorts Inc., re: #1 Complaint,. Document filed by Virginia Kelly..(Perry, Mark)
November 27, 2023 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to EPT Concord II, LLC, re: #1 Complaint,. Document filed by Virginia Kelly..(Perry, Mark)
November 27, 2023 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Resorts World Catskills, re: #1 Complaint,. Document filed by Virginia Kelly..(Perry, Mark)
November 27, 2023 Filing 1 COMPLAINT against EPT Concord II, LLC, Empire Resorts Inc., Montreign Operating Company, LLC, Resorts World Catskills. (Filing Fee $ 402.00, Receipt Number ANYSDC-28612795)Document filed by Virginia Kelly. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Perry, Mark)

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Plaintiff: Virginia Kelly
Represented By: Mark T Perry
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Defendant: Resorts World Catskills
Represented By: Louis U. Gasparini
Represented By: Timothy George Tuttle
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Defendant: EPT Concord II, LLC
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Defendant: Empire Resorts Inc.
Represented By: Louis U. Gasparini
Represented By: Timothy George Tuttle
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Defendant: Montreign Operating Company, LLC
Represented By: Louis U. Gasparini
Represented By: Timothy George Tuttle
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