New York Eastern District Court
Judge:Margo K Brodie
Referred: Joseph A Marutollo
Case #: 1:21-cv-05399
Nature of Suit330 Torts - Personal Injury - Federal Employers’ Liability
Cause45:51 Railways: Fed. Employer's Liability Act
Case Filed:Sep 29, 2021
Last checked: Monday Mar 28, 2022 5:52 AM EDT
Defendant
Long Island Rail Road Company
Represented By
Andrew G. Muccigrosso
Lirr Law Department
contact info
Plaintiff
Robert Bader
Represented By
Valerie J. Lauriello
Flynn & Lauriello PLLC
contact info


Docket last updated: 45 minutes ago
Friday, May 09, 2025
31 31 misc Status Report Fri 05/09 9:41 AM
STATUS REPORT of the Parties by Robert Bader (Lauriello, Valerie)
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order Status Report Order Fri 05/09 10:50 AM
ORDER: The parties shall file a joint status report by June 9, 2025. Ordered by Magistrate Judge Joseph A. Marutollo on 5/9/2025. (EG)
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Wednesday, April 23, 2025
minutes Settlement Conference ~Util - Set Deadlines Wed 04/23 3:35 PM
Minute Entry for proceedings held before Magistrate Judge Joseph A. Marutollo: A settlement conference was held before Magistrate Judge Joseph A. Marutollo on April 23, 2025. All parties appeared. The parties were unable to reach a resolution. The parties are directed to file a joint status report regarding settlement by May 12, 2025. (NOT RECORDED.) (EG)
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Friday, April 11, 2025
30 30 motion Adjourn Conference Fri 04/11 11:19 AM
Third MOTION to Adjourn Conference Settlement by Long Island Rail Road Company. (Chiofolo, Thomas)
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order Order on Motion to Adjourn Conference Fri 04/11 12:11 PM
ORDER denying30 - The settlement conference will proceed as scheduled. All associated deadlines remain the same. Ordered by Magistrate Judge Joseph A. Marutollo on 4/11/2025. (EG)
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Thursday, February 27, 2025
29 29 motion Hearing Thu 02/27 2:02 PM
MOTION for Hearing /SETTLEMENT CONFERENCE by Robert Bader. (Lauriello, Valerie)
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order Order on Motion for Hearing Thu 02/27 6:23 PM
SCHEDULING ORDER: An in-person settlement conference is scheduled for April 23, 2025 at 2:30 p.m. before Magistrate Judge Joseph A. Marutollo in Courtroom 324N. The parties shall submit updated ex parte settlement letters to Judge Marutollo's chambers via email (marutollo_chambers@nyed.uscourts.gov) by April 16, 2025 at 5:00 p.m. The ex parte settlement letters shall comply with Rule III.C of Judge Marutollo's Individual Practices and Rules. The parties are further directed to comply with Rule III.C.3 of Judge Marutollo's Individual Practices and Rules regarding who must appear at the settlement conference. Ordered by Magistrate Judge Joseph A. Marutollo on 2/27/2025. (GWM)
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Monday, November 25, 2024
order Order on Motion to Adjourn Conference Mon 11/25 11:05 AM
ORDER granting28 Motion to Adjourn Conference. A Telephone Conference is scheduled for May 15, 2025 at 11:30 AM. The parties are directed to call 1-571-353-2301 using access code 152624281. If any party has any difficulty accessing the telephone conference, please contact chambers at 718-613-2140. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Ordered by Chief Judge Margo K. Brodie on 11/25/2024. (WV)
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Friday, November 15, 2024
28 28 motion Adjourn Conference Fri 11/15 9:35 AM
Letter MOTION to Adjourn Conference by Robert Bader. (Lauriello, Valerie)
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Monday, September 23, 2024
order Scheduling Order Mon 09/23 3:40 PM
SCHEDULING ORDER. Pretrial Conference set for 12/4/2024 at 11:30 AM before Chief Judge Margo K. Brodie. The parties are directed to call 1-571-353-2301 using access code 152624281. If any party has any difficulty accessing the telephone conference, please contact chambers at 718-613-2140. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Ordered by Chief Judge Margo K. Brodie on 9/23/2024. (WV)
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Tuesday, April 02, 2024
27 27 misc Proposed Pretrial Order Tue 04/02 6:25 PM
Proposed Pretrial Order of the Parties by Robert Bader (Lauriello, Valerie)
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Wednesday, March 20, 2024
26 26 misc Status Report Wed 03/20 9:49 AM
STATUS REPORT by Long Island Rail Road Company (Chiofolo, Thomas)
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order Status Report Order Wed 03/20 10:40 AM
STATUS REPORT ORDER - The Court is in receipt of the parties' joint status report, in which Defendant reports that Plaintiff will be interviewing for the position of Ticket Clerk on April 16, 2024 at 9:00 a.m. In light of the parties' request not to have a settlement conference at this time, the Court will decline to schedule one at this stage. The Court, however, orders the parties to submit, by April 20, 2024, ex parte settlement letters to Judge Marutollo's chambers via email (marutollo_chambers@nyed.uscourts.gov). The ex parte settlement letters shall comply with Rule III.C of Judge Marutollo's Individual Practices and Rules and shall provide a candid assessment of the parties' views on potential settlement. Upon receipt and review of the letters, the Court will schedule a time to speak ex parte with the parties to determine if a settlement conference will be fruitful. Ordered by Magistrate Judge Joseph A. Marutollo on 3/20/2024. (Marutollo, Joseph)
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Friday, March 15, 2024
25 25 misc Status Report Fri 03/15 2:10 PM
STATUS REPORT by Robert Bader (Lauriello, Valerie)
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order Order(Other) Fri 03/15 3:42 PM
ORDER - The Court is in receipt of the parties' March 15, 2024 status report, in which the parties state that "[t]he LIRR is scheduling a final interview for plaintiff for the position of Ticket Clerk." In the February 29, 2024 status report, however, Defendant LIRR reports that the "second interview is scheduled for late March." Defendant LIRR shall file a letter, by March 22, 2024, stating the date in which the final interview for Plaintiff for the position of Ticket Clerk will occur. If a date has not yet been set for the interview, Defendant LIRR shall attach to their letter an affidavit or declaration from a representative from LIRR's Human Resources Department; the affidavit or declaration shall indicate why there is a delay in scheduling the interview. The parties shall also file a joint status report by March 25, 2024 providing dates in April 2024 in which they are available for a settlement conference. Additionally, pursuant to Chief Judge Brodie's Individual Practices and Rules, "[u]nless otherwise ordered by the court, within 60 days from the date for the completion of discovery in a civil case, the parties shall submit to the court a proposed pretrial order." As the Court noted in its December 4, 2023 order, "the parties were reminded to comply with Chief Judge Brodie's Individual Practices and Rules regarding the filing of a joint pretrial order." A joint proposed pretrial order shall therefore be filed by April 2, 2024, which is sixty days after the close of all discovery. Ordered by Magistrate Judge Joseph A. Marutollo on 3/15/2024. (JAM)
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Thursday, February 29, 2024
24 24 motion Adjourn Conference Thu 02/29 12:58 PM
Second MOTION to Adjourn Conference Settlement by Long Island Rail Road Company. (Chiofolo, Thomas)
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order Order on Motion to Adjourn Conference Thu 02/29 2:13 PM
ORDER granting in part24 . The Court adjourns the settlement conference sine die. The parties shall file a joint status report by March 15, 2024 regarding the current posture. Ordered by Magistrate Judge Joseph A. Marutollo on 2/29/2024. (EG)
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Friday, February 09, 2024
order Order on Motion for Hearing Fri 02/09 10:05 AM
ORDER granting23 . An in-person settlement conference is scheduled for March 4, 2024 at 11:30 a.m. before Magistrate Judge Marutollo in Courtroom 324N. All counsel shall appear at the settlement conference in person. The parties shall submit, by February 26, 2024, ex parte settlement letters to Judge Marutollo's chambers via email (marutollo_chambers@nyed.uscourts.gov). The ex parte settlement letters shall comply with Rule III.C of Judge Marutollo's Individual Practices and Rules. Ordered by Magistrate Judge Joseph A. Marutollo on 2/9/2024. (EG)
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Thursday, February 08, 2024
23 23 motion Hearing Thu 02/08 3:13 PM
MOTION for Hearing by Robert Bader. (Lauriello, Valerie)
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Tuesday, February 06, 2024
22 22 motion Adjourn Conference Tue 02/06 3:32 PM
MOTION to Adjourn Conference by Robert Bader. (Lauriello, Valerie)
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order Order on Motion to Adjourn Conference Tue 02/06 5:56 PM
ORDER granting22 Motion to Adjourn Conference: By February 9, 2024, the parties shall confer and propose three (3) dates for a settlement conference to be held in early March. Ordered by Magistrate Judge Joseph A. Marutollo on 2/6/2024. (LCPL)
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Friday, February 02, 2024
21 21 misc Status Report Fri 02/02 3:46 PM
STATUS REPORT Certifying Discovery Closed by Long Island Rail Road Company (Chiofolo, Thomas)
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order Order Certifying Discovery Fri 02/02 9:54 PM
Order Certifying Discovery is complete. Ordered by Magistrate Judge Joseph A. Marutollo on 2/2/2024. (Marutollo, Joseph)
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Monday, December 04, 2023
20 20 motion Appear by Telephone/Video Mon 12/04 4:39 AM
MOTION to Appear by Telephone/Video by Robert Bader. (Lauriello, Valerie)
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order Order on Motion to Appear by Telephone/Video Mon 12/04 9:08 AM
ORDER granting20 . The December 4, 2023 conference is converted to a telephone conference. To access the conference, the parties shall call (646) 828-7666. The meeting ID is 161 489 5096, and the passcode is 719331. Ordered by Magistrate Judge Joseph A. Marutollo on 12/4/2023. (EG)
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minutes Status Conference ~Util - Set Deadlines/Hearings Mon 12/04 3:47 PM
Minute Entry and Order: A status conference was held before Magistrate Judge Marutollo on December 4, 2023. All counsel were present. All discovery, including all expert discovery, shall be completed by February 2, 2024. THERE SHALL BE NO FURTHER EXTENSIONS OF THE DISCOVERY DEADLINE FOR ANY REASON WHATSOEVER. The parties shall certify the close of discovery on February 2, 2024. The parties were reminded to comply with Chief Judge Brodie's Individual Practices and Rules regarding the filing of a joint pretrial order. An in-person settlement conference is scheduled for February 13, 2024 at 2:30 p.m. before Magistrate Judge Marutollo in Courtroom 324N. Plaintiff shall appear in person. A representative with settlement authority from the Long Island Railroad Company shall be available by telephone during the settlement conference. All counsel shall appear at the settlement conference in person. The parties shall submit, by February 7, 2023, ex parte settlement letters to Judge Marutollo's chambers via email (marutollo_chambers@nyed.uscourts.gov). The ex parte settlement letters shall comply with Rule III.C of Judge Marutollo's Individual Practices and Rules. (FTR Log #3:12-3:28.) (EG)
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Thursday, November 30, 2023
19 19 motion Adjourn Conference Thu 11/30 3:46 PM
Joint MOTION to Adjourn Conference /EXTEND DISCOVERY by Robert Bader. (Lauriello, Valerie)
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order Order on Motion to Adjourn Conference Thu 11/30 4:23 PM
ORDER denying19 Motion to Adjourn Conference. The conference remains scheduled for December 4, 2023 at 3 p.m. in Courtroom 324 North before Magistrate Judge Marutollo. Any requests for extensions of discovery will be addressed at the December 4, 2023 conference. Ordered by Magistrate Judge Joseph A. Marutollo on 11/30/2023. (EG)
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Monday, November 13, 2023
18 18 order Scheduling Order 1 - Terminate Hearings Tue 11/14 1:01 PM
SCHEDULING ORDER: In light of the reassignment, the conference scheduled for December 13, 2023 at 11:00 AM is RESCHEDULED to December 4, 2023 at 3 p.m. in Courtroom 324 North in front of Magistrate Judge Joseph A. Marutollo. The parties should be prepared to raise any issues requiring an extension of the discovery deadline. Ordered by Magistrate Judge Joseph A. Marutollo on 11/13/2023. (EG)
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utility Case Assigned/Reassigned Mon 11/13 1:42 PM
Case Reassigned to Magistrate Judge Joseph A. Marutollo. Magistrate Judge Ramon E. Reyes, Jr 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. (KA)
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Tuesday, June 27, 2023
order Order on Motion to Adjourn Conference Order on Motion for Extension of Time to Complete Discovery Tue 06/27 4:37 PM
ORDER granting17 Motion to Adjourn Conference and Second Motion for Extension of Time to Complete Discovery by 12/1/2023. Final Pretrial Conference is set for 12/13/2023 at 11:00 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 6/27/2023. (CG)
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Monday, June 26, 2023
17 17 motion Adjourn Conference Extension of Time to Complete Discovery Mon 06/26 2:38 PM
Second MOTION to Adjourn Conference Final Pre-Trial , Second MOTION for Extension of Time to Complete Discovery by Long Island Rail Road Company. (Chiofolo, Thomas)
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Monday, May 22, 2023
order Order(Other) 1 - Terminate Deadlines and Hearings ~Util - Set Hearings Mon 05/22 11:08 AM
ORDER: The 6/27/2023 Final Pretrial Conference is adjourned to 6/29/2023 at 10:00 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/22/2023. (MV)
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Tuesday, January 17, 2023
order Order on Motion to Adjourn Conference Order on Motion for Extension of Time to Complete Discovery 1 - Terminate Deadlines and Hearings Tue 01/17 3:42 PM
ORDER granting16 Motion to Adjourn Conference. Final Pretrial Conference rescheduled for 6/27/2023 at 12:00 PM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr.; granting16 Motion for Extension of Time to Complete Discovery until 6/25/2023. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/17/2023. (MV)
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Friday, January 13, 2023
16 16 motion Adjourn Conference Extension of Time to Complete Discovery Fri 01/13 3:10 PM
MOTION to Adjourn Conference , MOTION for Extension of Time to Complete Discovery by Robert Bader. (Lauriello, Valerie)
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Tuesday, October 18, 2022
15 15 notice Notice of Appearance Tue 10/18 5:09 PM
NOTICE of Appearance by Thomas L. Chiofolo on behalf of Long Island Rail Road Company (aty to be noticed) (Chiofolo, Thomas)
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Tuesday, September 27, 2022
notice Notice(Other) Tue 09/27 1:18 PM
NOTICE re14 Status Report: The parties are reminded that all discovery will close on 1/15/2023 and a Final Pretrial Conference is scheduled for 1/25/2023 at 10:00 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr. (Vertus, Miriam)
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Monday, September 26, 2022
14 14 2 pgs misc Status Report Mon 09/26 3:25 PM
STATUS REPORT of the Parties by Robert Bader (Lauriello, Valerie)
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Wednesday, September 21, 2022
order 1 - Terminate Deadlines and Hearings Order(Other) ~Util - Set Deadlines/Hearings Wed 09/21 1:53 PM
ORDER: In lieu of the 9/27/2022 Telephone Status Conference, the parties are directed to file a joint status report on 9/27/2022. A Final Pretrial Conference is scheduled for 1/25/2023 at 10:00 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/21/2022. (Vertus, Miriam)
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Monday, August 01, 2022
13 13 notice Notice of Appearance Mon 08/01 12:48 PM
NOTICE of Appearance by Michael D. Flynn on behalf of Robert Bader (notification declined or already on case) (Flynn, Michael)
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order Order on Motion to Adjourn Conference Order on Motion for Extension of Time to Complete Discovery 1 - Terminate Deadlines and Hearings Mon 08/01 11:19 AM
ORDER granting11 Motion to Adjourn 8/3/2022 Conference sine die. Telephone Status Conference set for 9/27/2022 at 11:00 AM dialing the AT&T toll free number 1-888-684-8852 and Access code 5496961# to appear before Magistrate Judge Ramon E. Reyes, Jr.; granting11 Motion for Extension of Time to Complete Discovery by 1/15/2023. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/26/2022. (Vertus, Miriam)
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Friday, July 29, 2022
12 12 notice Notice of Appearance Fri 07/29 12:56 PM
NOTICE of Appearance by Michael D. Flynn on behalf of Robert Bader (aty to be noticed) (Flynn, Michael)
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Monday, July 25, 2022
11 11 motion Adjourn Conference Mon 07/25 4:19 PM
Consent MOTION to Adjourn Conference /EXTEND DISCOVERY by Robert Bader. (Lauriello, Valerie)
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Thursday, June 16, 2022
notice Notice(Other) Thu 06/16 5:12 PM
NOTICE re: Final Pretrial Conference previously set for 8/3/2022 at 10:00 AM will be held by telephone dialing the AT&T toll free number 1-888-684-8852 and access code 5496961# to appear before before Magistrate Judge Ramon E. Reyes, Jr. (Vertus, Miriam)
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Tuesday, May 10, 2022
10 10 misc Status Report Tue 05/10 11:23 AM
STATUS REPORT OF THE PARTIES by Robert Bader (Lauriello, Valerie)
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Monday, May 09, 2022
order Status Report Order 1 - Terminate Deadlines and Hearings Mon 05/09 12:43 PM
ORDER: In lieu of the 5/11/2022 Telephone Conference, the parties are directed to file a joint Status Report on 5/11/2022. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/9/2022. (Vertus, Miriam)
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Thursday, January 13, 2022
minutes Initial Conference Hearing ~Util - Set Deadlines/Hearings Thu 01/13 1:44 PM
Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Initial Conference Hearing held on 1/13/2022 via Zoomgov video. Case called. Plaintiff represented by Michael Flynn, Esq. Defendant represented by Andrew G. Muccigrosso, Esq. Discussions held. Case Management Statement9 is approved. All discovery, including depositions of experts, shall be completed on or before July 29, 2022. Final Pretrial Conference set for 8/3/2022 at 10:00 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr., Telephone Conference set for 5/11/2022 at 10:30 AM dialing the AT&T toll free number 1-888-684-8852 and Access code 5496961# to join the conference before Magistrate Judge Ramon E. Reyes, Jr. (Vertus, Miriam)(FTR# RER Webex Audio) Contact the E.S.R., Dept., at (718) 613-2590 to order the transcript. TEXTED ADDED on 1/13/2022 (Vertus, Miriam)
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Friday, January 07, 2022
9 9 misc Proposed Scheduling Order Fri 01/07 8:58 AM
Proposed Scheduling Order of the Parties by Robert Bader (Lauriello, Valerie)
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Tuesday, December 28, 2021
8 8 order Scheduling Order Tue 12/28 10:33 AM
SCHEDULING ORDER: Initial Conference set for 1/13/2022 at 12:30 PM via video before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to appear via video using the ZOOM invitation link sent to the email addresses listed on the docket and all other participates may join by phone using the Toll number 1 551 285 1373 US Meeting ID: 161 063 3049 Passcode: 193743. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 1/10/2022. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/28/2021. (Vertus, Miriam)
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Friday, November 19, 2021
7 7 answer Answer to Complaint Fri 11/19 9:48 AM
ANSWER to1 Complaint, by Long Island Rail Road Company. (Muccigrosso, Andrew)
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6 6 misc Corporate Disclosure Statement Fri 11/19 9:45 AM
Corporate Disclosure Statement by Long Island Rail Road Company identifying Corporate Parent Metropolitan Transportation Authority, Other Affiliate MTA New York City Transit Authority, Other Affiliate MTA Staten Island Railway, Other Affiliate MTA Capital Construction, Other Affiliate MTA Bus Company, Other Affiliate MTA Bridges and Tunnels, Other Affiliate Metro-North Commuter Railroad for Long Island Rail Road Company. (Muccigrosso, Andrew)
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Tuesday, November 02, 2021
5 5 service Summons Returned Executed Tue 11/02 10:14 AM
SUMMONS Returned Executed by Robert Bader. Long Island Rail Road Company served on 10/29/2021, answer due 11/19/2021. (Lauriello, Valerie)
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Wednesday, September 29, 2021
4 4 misc Quality Control Check - Attorney Case Opening Wed 09/29 11:26 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla)
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3 3 misc Clerks Notice of Rule 73 Wed 09/29 11:25 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. (Bowens, Priscilla)
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2 2 service Summons Issued Wed 09/29 11:25 AM
Summons Issued as to Long Island Rail Road Company. (Bowens, Priscilla)
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1 1 cmp Complaint Wed 09/29 10:38 AM
COMPLAINT against Long Island Rail Road Company filing fee $ 402, receipt number ANYEDC-14882849 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Robert Bader. (Lauriello, Valerie)
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Att: 1 Civil Cover Sheet,
Att: 2 Proposed Summons
utility Case Assigned/Reassigned Wed 09/29 11:23 AM
Case Assigned to Chief Judge Margo K. Brodie and Magistrate Judge Ramon E. Reyes, Jr. 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. (Bowens, Priscilla)
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