Rios v. The United States of America

New York Eastern District Court
Judge:	Rachel P Kovner
Referred:	Taryn A Merkl
Case #:	1:19-cv-00036
Nature of Suit	350 Torts - Personal Injury - Motor Vehicle
Cause	23:134 P.I.- Auto Negligence

Case Filed:	Jan 03, 2019
Terminated:	Jan 09, 2023

Docket
Parties (4)

Last checked: Tuesday Jul 02, 2019 4:50 AM EDT

Defendant Aissatou Gueye
Defendant The United States of America	Represented By Dara A Olds United States Attorney'S Office contact info
Defendant United States Postal Service
Plaintiff Joshua Rios	Represented By Larry Hallock Hallock & Malerba, P.C. contact info Linda Simmons Hallock & Malerba PC contact info

Docket last updated: 05/02/2025 11:59 PM EDT

Thursday, February 02, 2023
		adr Report of Mediation(Settled/Unsettled) Thu 02/02 5:35 PM REPORT of Mediation Settled Both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session.Mediation Report due by 2/16/2023. (TP) Related: [-]
Monday, January 09, 2023
		order Order Dismissing Case Mon 01/09 1:08 PM ORDER DISMISSING CASE: The Court has been advised by the parties'30 letter that this matter has settled, and such settlement was approved by the Department of Justice. The case is dismissed, subject to reinstatement at the request of any party within 30 days. All pending deadlines are adjourned sine die. The Court retains jurisdiction to so-order any settlement documents if they are filed within this period. Ordered by Judge Rachel P. Kovner on 1/9/23. (NCM) Related: [-]
Friday, January 06, 2023
30		30 misc Status Report Fri 01/06 9:35 PM STATUS REPORT and request for an extension of time until January 19 to file a stipulation of dismissal or a status report by The United States of America (Olds, Dara) Related: [-]
Tuesday, December 27, 2022
		order Order(Other) Tue 12/27 4:33 PM ORDER: On 12/5/2022, in light of the parties' representation that they reached a settlement in principle at mediation, the Court directed the parties to file a stipulation of dismissal by 12/16/2022. After no filing was made, on 12/19/2022, the Court again directed the parties to file a stipulation of dismissal, or a status report advising the Court as to case status, by 12/22/2022. To date, no filing has been made. The parties are again directed to file a stipulation of dismissal, or a status report advising the Court as to case status, this time by 1/6/2023. Ordered by Magistrate Judge Taryn A. Merkl on 12/27/2022. (SA) Related: [-]
Monday, December 19, 2022
		order Order(Other) Mon 12/19 2:10 PM ORDER: On 12/5/2022, in light of the parties' representation that they reached a settlement in principle at mediation, the Court directed the parties to file a stipulation of dismissal by 12/16/2022. To date, no filing has been made. The parties are again directed to file a stipulation of dismissal, or a status report advising the Court as to case status, by 12/22/2022 . Ordered by Magistrate Judge Taryn A. Merkl on 12/19/2022. (SA) Related: [-]
Monday, December 05, 2022
		order Order(Other) Mon 12/05 11:09 AM ORDER: The Court is in receipt of the status report29 indicating that the parties reached a settlement in principle at mediation. The Court respectfully directs the parties to file a stipulation of dismissal by 12/16/2022 . Ordered by Magistrate Judge Taryn A. Merkl on 12/5/2022. (SA) Related: [-]
Friday, December 02, 2022
29		29 misc Status Report Fri 12/02 7:43 PM STATUS REPORT and notification to the Court that the parties have reached an agreement in principle by The United States of America (Olds, Dara) Related: [-]
Monday, November 14, 2022
		order Status Report Order Mon 11/14 9:36 PM ORDER: The Court is in receipt of the parties letter28 , indicating that, due to a scheduling conflict, the mediation has been rescheduled for 11/25/2022. The parties are directed to file a status report on or before 12/2/2022 , advising the Court as to the outcome of mediation. Ordered by Magistrate Judge Taryn A. Merkl on 11/14/2022. (SA) Related: [-]
Friday, November 11, 2022
28		28 misc Letter Fri 11/11 2:31 PM Letter joint status by Joshua Rios (Simmons, Linda) Related: [-]
Friday, November 04, 2022
		order Status Report Order Fri 11/04 12:05 PM ORDER: On 9/1/2022, the Court directed the parties to file a status report on or before 11/3/2022, advising the Court as to the outcome of the mediation that was scheduled for 10/27/2022. To date, no filing has been made. The parties are directed to file a status report, this time by 11/11/2022 , advising the Court as to the outcome of mediation. Ordered by Magistrate Judge Taryn A. Merkl on 11/4/2022. (SA) Related: [-]
Thursday, September 01, 2022
		order ~Util - Set Deadlines Thu 09/01 12:34 PM ORDER: The Court is in receipt of the parties' letter27 indicating that a mediation is scheduled for 10/27/2022. The parties are respectfully directed to file a Status Report on or before 11/3/2022 , advising the Court as to the outcome of mediation. Ordered by Magistrate Judge Taryn A. Merkl on 9/1/2022. (Cahn, Gabriel) Related: [-]
Wednesday, August 31, 2022
27		27 misc Status Report Wed 08/31 2:33 PM STATUS REPORT by Joshua Rios (Simmons, Linda) Related: [-]
Monday, August 15, 2022
		order Status Report Order Mon 08/15 4:27 PM ORDER: The parties are respectfully directed to file a joint Status Report by 8/31/2022 , advising the Court as to their progress on scheduling mediation and any settlement discussions. Ordered by Magistrate Judge Taryn A. Merkl on 8/15/2022. (Cahn, Gabriel) Related: [-]
Tuesday, June 28, 2022
26		26 misc Letter Tue 06/28 8:15 PM Letter by Joshua Rios (Simmons, Linda) Related: [-]
Tuesday, June 14, 2022
		order Order(Other) Tue 06/14 11:32 AM ORDER: On 5/19/2022, the Court referred the parties to mediation and ordered them to select a mediator by 6/2/2022. To date, no mediator has been selected. The parties are respectfully directed to select a mediator by 6/28/2022 , or to file a joint Status Report advising the Court why a mediator has not been selected. Ordered by Magistrate Judge Taryn A. Merkl on 6/14/2022. (Cahn, Gabriel) Related: [-]
Friday, May 20, 2022
		adr Mediation Instructions Fri 05/20 9:38 AM MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (Weinstein, Robyn) Related: [-]
Thursday, May 19, 2022
		order Order Referring Case to Mediation Status Report Order Thu 05/19 4:20 PM ORDER: The Court is in receipt of the parties' Status Report25 filed 5/18/2022, indicating that the parties are in settlement discussions and requesting a referral to mediation or a settlement conference before the Court. The case is hereby referred to the EDNY court-annexed mediation program, on consent of the parties. Mediation shall be completed by 8/5/2022 . Selection of Mediator due by 6/2/2022 . Counsel shall exchange all relevant documents and records prior to mediation, if they haven't already done so. The parties are further directed to file a joint status letter by 8/12/2022 , advising the Court as to the progress of the case, including the status of the mediation and the need for expert discovery. Ordered by Magistrate Judge Taryn A. Merkl on 5/19/2022. (Cahn, Gabriel) Related: [-]
Wednesday, May 18, 2022
25		25 misc Status Report Wed 05/18 9:07 PM STATUS REPORT joint status report by The United States of America (Olds, Dara) Related: [-]
Monday, April 18, 2022
		order Order on Motion for Extension of Time to Complete Discovery Status Report Order Mon 04/18 9:37 AM ORDER: Motion for Extension of Time to Complete Discovery24 is hereby granted. The parties are respectfully directed to file a joint Status Report on or before 5/18/2022 , advising the Court as to the status of any settlement discussions and indicating whether the parties would like to be referred to the EDNY court-annexed mediation program or a settlement conference before the Court, or whether they would like to proceed with expert discovery. Ordered by Magistrate Judge Taryn A. Merkl on 4/18/2022. (Cahn, Gabriel) Related: [-]
Friday, April 15, 2022
24		24 motion Extension of Time to Complete Discovery Fri 04/15 8:56 PM Letter MOTION for Extension of Time to Complete Discovery by Joshua Rios. (Simmons, Linda) Related: [-]
Tuesday, February 15, 2022
		minutes Status Conference ~Util - Set Deadlines Tue 02/15 1:15 PM Minute Entry and Order: A telephonic Status Conference was held on 2/15/2022 before Magistrate Judge Taryn A. Merkl. Appearances by Linda Simmons for Plaintiff and Dara Olds for Defendant. The parties indicated that fact discovery is complete, and that they would like to explore settlement prior to commencing expert discovery. As discussed on the record, the parties are respectfully directed to file a joint Status Report on or before 4/15/2022 , advising the Court as to the status of any settlement discussions and indicating whether the parties would like to be referred to the EDNY court-annexed mediation program or a settlement conference before the Court, or whether they would like to proceed with expert discovery. In the event the parties would like to be referred to mediation or a settlement conference prior to the 4/15/2022 deadline, they may submit a letter motion via ECF at any time. Ordered by Magistrate Judge Taryn A. Merkl on 2/15/2022. (AT&T Log #12:47-12:58.) (Cahn, Gabriel) Related: [-]
Thursday, February 10, 2022
		order Scheduling Order Thu 02/10 11:08 AM SCHEDULING ORDER: A telephonic Status Conference will be held on 2/15/2022 at 12:45 p.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll free number (877) 336-1839 . The access code is 3914302 . The parties shall dial in five (5) minutes before the scheduled conference. Ordered by Magistrate Judge Taryn A. Merkl on 2/10/2022. (Chan, Kaity) Related: [-]
Tuesday, February 08, 2022
23		23 misc Status Report Tue 02/08 4:32 PM STATUS REPORT in compliance with the Court's December 29, 2021 Order by The United States of America (Olds, Dara) Related: [-]
Wednesday, December 29, 2021
		order Order on Motion for Extension of Time to Complete Discovery Wed 12/29 9:29 AM ORDER: The parties' Motion for Extension of Time to Complete Discovery22 is granted. The deadline to complete fact discovery is extended to 2/1/2022 . The parties are respectfully directed to file a Status Report on or before 2/8/2022 . Ordered by Magistrate Judge Taryn A. Merkl on 12/29/2021. (Cahn, Gabriel) Related: [-]
Tuesday, December 28, 2021
22		22 motion Extension of Time to Complete Discovery Tue 12/28 6:49 PM Joint MOTION for Extension of Time to Complete Discovery by The United States of America. (Olds, Dara) Related: [-]
Wednesday, November 03, 2021
		order Order on Motion for Extension of Time to Complete Discovery Status Report Order Wed 11/03 11:49 AM ORDER: The parties' Motion for Extension of Time to Complete Discovery21 is granted. The deadline to complete fact discovery is extended to 12/31/2021 . The parties are respectfully directed to file a Status Report on or before 1/7/2022 . Ordered by Magistrate Judge Taryn A. Merkl on 11/3/2021. (Cahn, Gabriel) Related: [-]
Tuesday, November 02, 2021
21		21 motion Extension of Time to Complete Discovery Tue 11/02 2:23 PM Joint MOTION for Extension of Time to Complete Discovery and joint status report by The United States of America. (Olds, Dara) Related: [-]
		order Status Report Order Tue 11/02 12:00 PM STATUS REPORT ORDER: On 7/21/2021, the Court ordered the parties to file a joint Status Report by 11/1/2021. To date, no such filing has been made. The parties are respectfully directed to file a joint Status Report on or before 11/16/2021 , advising the Court as to the status of the case. Ordered by Magistrate Judge Taryn A. Merkl on 11/2/2021. (Cahn, Gabriel) Related: [-]
Wednesday, July 21, 2021
		order Order on Motion for Extension of Time to Complete Discovery 1 - Terminate Deadlines and Hearings Wed 07/21 11:14 AM ORDER: Motion for Extension of Time to Complete Discovery20 is granted in part. The parties are to file a joint status report on or before 11/1/2021 . Ordered by Magistrate Judge Taryn A. Merkl on 7/21/2021. (Chan, Kaity) Related: [-]
Tuesday, July 20, 2021
20		20 motion Extension of Time to Complete Discovery Tue 07/20 1:42 PM Joint MOTION for Extension of Time to Complete Discovery and status update in compliance with the Court's June 21, 2021 Order by The United States of America. (Olds, Dara) Related: [-]
Monday, June 21, 2021
		order Status Report Order ~Util - Set Deadlines Mon 06/21 9:20 AM ORDER re19 : The parties' joint request to extend the time to complete discovery and to submit a status report is granted. The parties shall submit a Status Report on or before 7/20/2021 . The Court respectfully directs the parties to file any future requests for extensions of time electronically via ECF as a Motion. Ordered by Magistrate Judge Taryn A. Merkl on 6/21/2021. (Cahn, Gabriel) Related: [-]
Thursday, June 17, 2021
19		19 misc Status Report Thu 06/17 4:31 PM STATUS REPORT by The United States of America (Olds, Dara) Related: [-]
Monday, June 07, 2021
		utility Case Assigned/Reassigned Mon 06/07 6:46 PM Case Reassigned to Magistrate Judge Taryn A. Merkl. Chief Magistrate Cheryl L. Pollak no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) Related: [-]
Thursday, May 06, 2021
		order Order(Other) Thu 05/06 4:38 PM ELECTRONIC STATUS REPORT ORDER re.18 : Request to extend the time to complete discovery and to submit a status report granted. Status Report due no later than 6/17/2021 . So Ordered by Chief Magistrate Cheryl L. Pollak on 5/6/2021. (Moon, Chloe) Related: [-]
Monday, May 03, 2021
18		18 misc Status Report Mon 05/03 11:16 AM STATUS REPORT joint status report by The United States of America (Olds, Dara) Related: [-]
Tuesday, January 19, 2021
		order Status Report Order 1 - Terminate Hearings Tue 01/19 1:47 PM ELECTRONIC STATUS REPORT ORDER re.17 : The parties' request for an extension to complete discovery is granted. Status Report due by 5/3/2021 . The Status Conference set for 1/22/2021 has been adjourned sine die . So Ordered by Chief Magistrate Cheryl L. Pollak on 1/19/2021. (Moon, Chloe) Related: [-]
Thursday, January 14, 2021
17		17 misc Status Report Thu 01/14 4:28 PM STATUS REPORT by The United States of America (Olds, Dara) Related: [-]
Tuesday, October 20, 2020
		order Scheduling Order Tue 10/20 12:15 PM ELECTRONIC SCHEDULING ORDER: A Telephone Conference is set for 1/22/2021 @ 10:15 AM before Chief Magistrate Cheryl L. Pollak. The telephone conference will proceed via AT&T conference call. Please dial 877-336-1839 at 10:15 AM. Enter Access code: 380-1746 and security code: 19-0036 So Ordered by Chief Magistrate Cheryl L. Pollak on 10/20/2020. (Caggiano, Diana) Modified on 10/20/2020 (Caggiano, Diana) Related: [-]
Friday, October 16, 2020
		order Order(Other) Fri 10/16 1:17 PM ELECTRONIC ORDER re.16 : The parties' request to extend the time to complete discovery is granted. Status Report due by 1/15/2021 . So Ordered by Chief Magistrate Cheryl L. Pollak on 10/16/2020. (Moon, Chloe) Related: [-]
Wednesday, October 14, 2020
16		16 misc Status Report Wed 10/14 5:33 PM STATUS REPORT by The United States of America (Olds, Dara) Related: [-]
Thursday, June 25, 2020
		order Status Report Order Thu 06/25 10:47 AM ELECTRONIC ORDER re15 : Requests granted, status report by 10/14/2020. So Ordered by Chief Magistrate Cheryl L. Pollak on 6/25/2020. (Hazelwood, John) Related: [-]
Tuesday, June 16, 2020
15		15 misc Status Report Tue 06/16 3:08 PM STATUS REPORT by The United States of America (Olds, Dara) Related: [-]
Monday, April 20, 2020
		order Order(Other) Mon 04/20 1:38 PM ELECTRONIC ORDER re14 : Requests granted, the parties are given an additional 60 days to conduct discovery. Status report by 6/16/2020 . So Ordered by Chief Magistrate Cheryl L. Pollak on 4/20/2020. (Hazelwood, John) Related: [-]
Friday, April 17, 2020
14		14 misc Status Report Fri 04/17 8:32 AM STATUS REPORT by The United States of America (Olds, Dara) Related: [-]
Monday, March 16, 2020
13		13 notice Notice of Change of Address/Firm/Email Mon 03/16 1:13 PM NOTICE of Change of Firm Name change Once the filing has been made, you must login to www.pacer.gov and update your account. (Simmons, Linda) Related: [-]
Thursday, February 13, 2020
		utility Case Assigned/Reassigned Thu 02/13 12:11 PM Case Reassigned to Judge Rachel P. Kovner. Judge Nicholas G. Garaufis no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) Related: [-]
Friday, November 15, 2019
12		12 1 pgs order Order on Motion to Adjourn Conference Order(Other) 1 - Terminate Hearings Fri 11/15 2:28 PM ENDORSED LETTER ORDER granting11 Motion to Adjourn Conference. (Status Report due 4/17/2020 ) So Ordered by Magistrate Judge Cheryl L. Pollak on 11/15/2019. (Caggiano, Diana) Related: [-]
11		11 motion Adjourn Conference Fri 11/15 12:42 PM Joint MOTION to Adjourn Conference and to allow the parties until April 17, 2020 to complete discovery or file a status letter by The United States of America. (Olds, Dara) Related: [-]
Monday, October 28, 2019
		notice Notice of Hearing Mon 10/28 10:56 AM ELECTRONIC NOTICE: The status conference previously scheduled for 10/30/2019 before MJ Pollak has been rescheduled to 11/18/2019 @ 4:00 PM. (Caggiano, Diana) Related: [-]
Thursday, August 22, 2019
		order Order on Motion to Adjourn Conference Thu 08/22 3:03 PM ELECTRONIC ORDER granting10 Motion to Adjourn Conference. Status Conference set for 10/30/2019 at 11:30 AM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 8/22/2019. (Hazelwood, John) Related: [-]
Wednesday, August 21, 2019
10		10 motion Adjourn Conference Wed 08/21 5:42 PM First MOTION to Adjourn Conference by Joshua Rios. (Simmons, Linda) Related: [-]
Tuesday, April 30, 2019
9		9 notice Notice of Appearance Tue 04/30 11:27 AM NOTICE of Appearance by Linda Simmons on behalf of All Plaintiffs (aty to be noticed) (Simmons, Linda) Related: [-]
		minutes Initial Conference Hearing ~Util - Set Hearings Tue 04/30 12:27 PM MINUTE ENTRY for Initial Conference proceeding held before MJ Pollak on 4/30/2019. Appearance for Plaintiff: Linda Simmons. Appearance for Defendant: Dara A Olds. Parties to exchange document requests and interrogatories by 5/17/2019 - response by 6/17/2019. Parties to conduct depositions. Status Conference set for 8/26/2019 @ 11:00 AM. (Caggiano, Diana) Related: [-]
Tuesday, April 02, 2019
8		8 order Scheduling Order Tue 04/02 10:46 AM SCHEDULING ORDER: An Initial Conference is set for 4/30/2019 @ 11:30 AM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/2/2019. (Caggiano, Diana) Related: [-]
Monday, April 01, 2019
7		7 answer Answer to Complaint Mon 04/01 4:40 PM ANSWER to1 Complaint by The United States of America. (Olds, Dara) Related: [-]
6		6 notice Notice(Other) Mon 04/01 4:39 PM NOTICE by The United States of America Notice of Substitution and Certification of Scope of Employment (Aissatou Gueye) (Olds, Dara) Related: [-]
Wednesday, January 09, 2019
5		5 service Summons Issued as to USA Wed 01/09 11:46 AM Summons Issued as to Aissatou Gueye, The United States of America, United States Postal Service, U.S. Attorney and U.S. Attorney General (Davis, Kimberly) Related: [-]
4		4 misc Quality Control Check - Attorney Case Opening Wed 01/09 11:44 AM This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) Related: [-]
3		3 misc Clerks Notice of Rule 73 Wed 01/09 11:42 AM In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) Related: [-]
		utility Case Assigned/Reassigned Wed 01/09 11:42 AM Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) Related: [-]
Thursday, January 03, 2019
2		2 misc Proposed Summons/Civil Cover Sheet Thu 01/03 10:24 AM Proposed Summons.Civil Cover Sheet.. by Joshua Rios (Hallock, Larry) Related: [-]
		Att: 1 Civil Cover Sheet Civil Cover Sheet
1		1 cmp Complaint Thu 01/03 10:19 AM COMPLAINT against Joshua Rios filing fee $ 400, receipt number ANYEDC-11068680 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Joshua Rios. (Hallock, Larry) Related: [-]

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