Burgin v. Government Employees Insurance Company
| Joi Burgin |
| Government Employees Insurance Company |
| 1:2023cv00214 |
| March 10, 2023 |
| US District Court for the Western District of New York |
| Buffalo Office |
| H Kenneth Schroeder |
| William M Skretny |
| Civil Rights: Jobs |
| 42 U.S.C. § 12101 Americans With Disabilities Act |
| Both |
Docket Report
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| Filing 32 CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Mandatory Disclosures due by 5/12/2023; Stipulation of Selection of Mediator due by 5/12/2023; Motions to Join Parties/Amend Pleadings due by 5/29/2023; First Mediation Session due by 6/20/2023; Plaintiff Expert Witness ID due by 11/10/2023; Defendant Expert Witness ID due by 12/11/2023; Discovery completed by 2/23/2024; Dispositive Motions due by 4/8/2024. In the event no Dispositive Motions are filed, a Status Conference is set for 4/11/2024 at 10:30 AM in Cattaraugus Courtroom, 7th West, 2 Niagara Square, Buffalo, NY before Hon. H. Kenneth Schroeder Jr. Mediation To End by 5/2/2024. Signed by Hon. H. Kenneth Schroeder Jr. on 4/14/2023. (LMG) |
| Filing 31 DISCOVERY PLAN by Joi Burgin.(Korn, Lindy) |
| Filing 30 NOTICE of Appearance by Lindy Korn on behalf of Joi Burgin (Korn, Lindy) |
Filing 29
ORDER regarding issuance of Case Management Order. Signed by Hon. H. Kenneth Schroeder Jr. on 3/24/23. (Attachments: #1 Case Management Order Form, #2 Consent Memorandum, #3 Consent Form)(LMG) A copy of this Order was mailed to Christine S. Hart and Brian Lee Church by Judge Schroeder's chambers.
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| Filing 28 TEXT REFERRAL ORDER. Hon. H. Kenneth Schroeder, Jr., United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. SO ORDERED. Issued by William M. Skretny, United States District Judge on 3/24/20203. (JCM) |
| Filing 27 Corrected ANSWER to Complaint #17 by Government Employees Insurance Company.(Joseph, Linda) |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JLV) |
| Filing 26 ANSWER to #17 Amended Complaint by Government Employees Insurance Company.(Joseph, Linda) |
| Filing 25 NOTICE of Appearance by Linda H. Joseph on behalf of Government Employees Insurance Company (Joseph, Linda) |
| Filing 24 Case transferred in from District of North Carolina Western; Case Number 3:22-cv-00548. |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (SG) |
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Filing 23
ORDER adopting the Magistrate Judge's #22 Memorandum and Recommendation; granting Plaintiff's #12 Motion to Change Venue; denying as moot Defendant's #19 Motion to Dismiss; and the Clerk of Court is directed to transfer this matter to the United States District Court for the Western District of New York. Signed by District Judge Robert J. Conrad, Jr on 3/9/2023. (mek) [Transferred from ncwd on 3/10/2023.]
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| Filing 22 MEMORANDUM AND RECOMMENDATIONS on #12 MOTION to Change Venue filed by Joi Burgin, #19 MOTION to Dismiss the Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(2) filed by Government Employees Insurance Company. Objections to M&R due by 3/7/2023. Signed by Magistrate Judge David S. Cayer on 2/17/2023. (nvc) [Transferred from ncwd on 3/10/2023.] |
| Filing 21 RESPONSE in Opposition re #12 MOTION to Change Venue by Government Employees Insurance Company. Replies due by 2/9/2023 (Church, Brian) [Transferred from ncwd on 3/10/2023.] |
| Filing 20 MEMORANDUM in Support re #19 MOTION to Dismiss the Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(2) by Government Employees Insurance Company. (Church, Brian) [Transferred from ncwd on 3/10/2023.] |
| Filing 19 MOTION to Dismiss the Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(2) by Government Employees Insurance Company. Responses due by 2/16/2023 (Church, Brian). Motions referred to David S. Cayer. [Transferred from ncwd on 3/10/2023.] |
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Filing 18
ORDER administratively denying Defendants' #6 Motion to Dismiss as moot without prejudice. Signed by Magistrate Judge David S. Cayer on 1/20/2023. (mek) [Transferred from ncwd on 3/10/2023.]
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| Filing 17 AMENDED COMPLAINT with Jury Demand against Government Employees Insurance Company, filed by Joi Burgin. (Attachments: #1 Exhibit, #2 Exhibit)(Hart, Christine) Modified text on 1/23/2023 (brl). [Transferred from ncwd on 3/10/2023.] |
| Filing 16 Consent MOTION for Extension of Time to File Response/Reply re: #6 MOTION to Dismiss Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6), #12 MOTION to Change Venue by Government Employees Insurance Company. Responses due by 1/10/2023 (Church, Brian). Motions referred to David S. Cayer. [Transferred from ncwd on 3/10/2023.] |
| Filing 15 Unopposed MOTION to Expedite ( Responses due by 1/10/2023 ), MOTION for Extension of Time to Amend by Joi Burgin. (Hart, Christine). Motions referred to David S. Cayer. [Transferred from ncwd on 3/10/2023.] |
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TEXT-ONLY ORDER granting #16 Consent MOTION for Extension of Time to File Response/Reply re: #6 MOTION to Dismiss, #12 MOTION to Change Venue. Replies due by 2/2/2023. Responses due by 2/2/2023. So Ordered. Entered by Magistrate Judge David S. Cayer on 12/27/2022. (DLG) [Transferred from ncwd on 3/10/2023.]
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TEXT-ONLY ORDER finding as moot #15 Motion to Expedite; granting #15 consent Motion for Extension of Time to Amend. Deadline to file amended complaint extended to 1/19/2023. So Ordered. Entered by Magistrate Judge David S. Cayer on 12/27/2022. (DLG) [Transferred from ncwd on 3/10/2023.]
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TEXT-ONLY ORDER denying without prejudice #14 Motion for Extension of Time. The Motion does not state with particularity which deadline Plaintiff seeks to extend. LCvR 7.1(a). Nor does the motion reflect consultation with opposing counsel. LCvR 7.1(b). Denial is without prejudice to filing a corrected Motion. So Ordered. Entered by Magistrate Judge David S. Cayer on 12/22/2022. (DLG) [Transferred from ncwd on 3/10/2023.]
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| Filing 14 Unopposed MOTION for Extension of Time General by Joi Burgin. Responses due by 1/4/2023 (Hart, Christine). Motions referred to David S. Cayer. [Transferred from ncwd on 3/10/2023.] |
| Filing 13 RESPONSE in Opposition re #6 MOTION to Dismiss Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6) by Joi Burgin. Replies due by 12/27/2022 (Hart, Christine) [Transferred from ncwd on 3/10/2023.] |
| Filing 12 MOTION to Change Venue by Joi Burgin. Responses due by 1/2/2023 (Hart, Christine). Motions referred to David S. Cayer. [Transferred from ncwd on 3/10/2023.] |
| Filing 11 NOTICE of Voluntary Dismissal of Defendant by Joi Burgin (Hart, Christine) [Transferred from ncwd on 3/10/2023.] |
| Filing 10 NOTICE of Appearance by Christine S. Hart on behalf of Joi Burgin (Hart, Christine) [Transferred from ncwd on 3/10/2023.] |
| TEXT-ONLY ORDER DELETED - ENTERED IN ERROR (brl). [Transferred from ncwd on 3/10/2023.] |
| Filing 9 Certificate of Service by GEICO Casualty Company, GEICO Corporation, GEICO Indemnity Company, GEICO Insurance Agency, LLC. re: #6 Motion to Dismiss, #7 Memorandum in Support of Motion, #8 Declaration, (Church, Brian) Modified text on 11/29/2022 (brl). [Transferred from ncwd on 3/10/2023.] |
| Filing 8 DECLARATION of Connie Savage re #6 MOTION to Dismiss Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6) filed by GEICO Casualty Company, GEICO Corporation, GEICO Indemnity Company, GEICO Insurance Agency, LLC, Government Employees Insurance Company (Attachments: #1 Appendix, #2 Exhibit A, #3 Exhibit B)(Church, Brian) [Transferred from ncwd on 3/10/2023.] |
| Filing 7 MEMORANDUM in Support re #6 MOTION to Dismiss Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6) by GEICO Casualty Company, GEICO Corporation, GEICO Indemnity Company, GEICO Insurance Agency, LLC, Government Employees Insurance Company. (Church, Brian) [Transferred from ncwd on 3/10/2023.] |
| Filing 6 MOTION to Dismiss Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6) by GEICO Casualty Company, GEICO Corporation, GEICO Indemnity Company, GEICO Insurance Agency, LLC, Government Employees Insurance Company. Responses due by 12/12/2022 (Church, Brian). Motions referred to David S. Cayer. [Transferred from ncwd on 3/10/2023.] |
| Filing 5 SUMMONS Returned Executed. All Defendants served on 10/17/2022. (Attachments: #1 Envelope)(tlj) [Transferred from ncwd on 3/10/2023.] |
| Filing 4 Corporate Disclosure Statement by GEICO Casualty Company, GEICO Corporation, GEICO Indemnity Company, GEICO Insurance Agency, LLC, Government Employees Insurance Company (Church, Brian) [Transferred from ncwd on 3/10/2023.] |
| Filing 3 MOTION for Extension of Time to Answer re: #1 Complaint, by GEICO Casualty Company, GEICO Corporation, GEICO Indemnity Company, GEICO Insurance Agency, LLC, Government Employees Insurance Company. (Church, Brian). Motions referred to David S. Cayer. [Transferred from ncwd on 3/10/2023.] |
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TEXT-ONLY ORDER granting #3 Motion for Extension of Time to Answer re #1 Complaint. Defendants' answer due 11/28/2022. So Ordered. Entered by Magistrate Judge David S. Cayer on 11/3/2022. (Pro se litigant served by US Mail.)(DLG) [Transferred from ncwd on 3/10/2023.]
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| DELETED TEXT. DOCKETED IN ERROR (tlj). [Transferred from ncwd on 3/10/2023.] |
| Filing 2 Summons Issued Conventionally as to GEICO Casualty Company, GEICO Corporation, GEICO Indemnity Company, GEICO Insurance Agency, LLC, Government Employees Insurance Company. (cjs) [Transferred from ncwd on 3/10/2023.] |
| Filing 1 Pro Se COMPLAINT against GEICO Casualty Company, GEICO Corporation, GEICO Indemnity Company, GEICO Insurance Agency, LLC, Government Employees Insurance Company with Jury Demand (Filing fee $ 402 receipt number CHD073604), filed by Joi Burgin. (Attachments: #1 Cover Sheet)(cjs) [Transferred from ncwd on 3/10/2023.] |
| Clerk's Entry and Service of #Case Assignment Packet. The document was served conventionally at case filing (cjs) [Transferred from ncwd on 3/10/2023.] |
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| Plaintiff: Joi Burgin | |
| Represented By: | Christine S. Hart |
| Represented By: | Lindy Korn |
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| Defendant: Government Employees Insurance Company | |
| Represented By: | Brian Lee Church |
| Represented By: | Linda H. Joseph |
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