Montanaro v. Long Island Railroad Company

New York Southern District Court
Judge:Paul A Engelmayer
Case #: 1:22-cv-05769
Nature of Suit330 Torts - Personal Injury - Federal Employers’ Liability
Cause45:51 Railways: Fed. Employer's Liability Act
Case Filed:Jul 07, 2022
Terminated:Dec 09, 2022
Last checked: Tuesday Jan 03, 2023 3:51 AM EST
Defendant
Long Island Railroad Company
Jamaica Station
Jamaica, NY 11435
Plaintiff
Louis Montanaro
27 Tipton Drive West
Shirley, NY 11967
Represented By
Fredric Gold
Fredric M. Gold, PC
contact info


Docket last updated: 12 hours ago
Monday, January 30, 2023
12 12 order Stipulation and Order of Dismissal Mon 01/30 1:06 PM
STIPULATION OF DISCONTINUANCE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for all the parties to 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 the action, the above entitled action be, and the same is hereby discontinued, with prejudice and without costs to either party as against the other. The stipulation may be filed without further notice with the Clerk of the Court. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/30/2023) (ama)
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Friday, January 20, 2023
misc Notice to Court Regarding Voluntary Dismissal Fri 01/20 10:33 AM
***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 11 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Paul A. Engelmayer for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii); the plaintiff(s) filed their voluntary dismissal in a closed case. (tp)
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Thursday, January 19, 2023
11 11 misc Stipulation of Voluntary Dismissal Thu 01/19 5:44 PM
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, with prejudice against the defendant(s) Long Island Railroad Company and without costs. Document filed by Long Island Railroad Company. Proposed Order to be reviewed by Clerk's Office staff. ..(Yodice, Christopher)
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Friday, December 09, 2022
10 10 2 pgs order Order of Dismissal Fri 12/09 4:24 PM
ORDER: The Court having been advised that all claims asserted herein have been settled in principle, Dkt. 9, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within 30 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within 30 days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same 30-day period to be "so ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any proposed order approving the settlement agreement that seeks the Courts continued jurisdiction should either (1) expressly state that the Court retains jurisdiction to enforce the agreement or (2) incorporate the terms of the settlement agreement in the order. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 12/9/2022) (vfr)
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Thursday, December 08, 2022
9 9 misc Letter Thu 12/08 3:10 PM
LETTER addressed to Judge Paul A. Engelmayer from Fredric M. Gold dated 12/08/2022 re: Settlement. Document filed by Louis Montanaro..(Gold, Fredric)
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Wednesday, November 02, 2022
8 8 order Memo Endorsement Wed 11/02 6:19 PM
MEMO ENDORSEMENT on re:6 Letter filed by Louis Montanaro. ENDORSEMENT: The Court directs the parties to provide a joint status update as by December 16, 2022, if settlement is not reached prior to that date. The Court expects counsel henceforth to comply with all operative deadlines. The pendency of settlement discussions does not excuse a party from meeting a filing deadline. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/2/2022) (ate)
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7 7 service Acknowledgment of Service Complaints Wed 11/02 4:13 PM
ACKNOWLEDGMENT OF SERVICE Summons and Complaint served. Long Island Railroad Company served on 7/20/2020, answer due 8/10/2020. Service was accepted by Merris Gordon. Document filed by Louis Montanaro..(Gold, Fredric)
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6 6 misc Letter Wed 11/02 4:11 PM
LETTER addressed to Judge Paul A. Engelmayer from Fredric M. Gold dated 11/02/2022 re: 11.02.2022 Order. Document filed by Louis Montanaro..(Gold, Fredric)
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5 5 1 pgs order Order to Show Cause Wed 11/02 11:42 AM
ORDER TO SHOW CAUSE: Plaintiff filed the complaint in this action on July 7, 2022. Dkt. 1. Rule 4(m) of the Federal Rules of Civil Procedure requires that a defendant be served with the Summons and Complaint within 90 days after the Complaint is filed. It is hereby ORDERED that the plaintiff advise the Court in writing why plaintiff failed to serve the Summons and Complaint within the 90-day period on defendant, or, if plaintiff believes that defendant has been served, when and in what manner such service was made. It is further ORDERED that if the Court does not receive any written communication from plaintiff by November 9, 2022, showing good cause why such service was not made within 90 days, the Court will dismiss without prejudice the claims against defendant. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/2/2022) (va)
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Friday, July 08, 2022
4 4 service Summons Issued Fri 07/08 10:19 AM
ELECTRONIC SUMMONS ISSUED as to Long Island Railroad Company. (vf)
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notice Case Opening Initial Assignment Notice Fri 07/08 10:15 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vf)
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utility Case Designation Fri 07/08 10:15 AM
Magistrate Judge Ona T. Wang 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vf)
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utility Case Designated ECF Fri 07/08 10:15 AM
Case Designated ECF. (vf)
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Thursday, July 07, 2022
3 3 service Request for Issuance of Summons Thu 07/07 1:46 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Long Island Railroad Company, re:1 Complaint. Document filed by Louis Montanaro..(Gold, Fredric)
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2 2 2 pgs misc Civil Cover Sheet Thu 07/07 1:45 PM
CIVIL COVER SHEET filed..(Gold, Fredric)
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1 1 cmp Complaint Thu 07/07 1:45 PM
COMPLAINT against Long Island Railroad Company. (Filing Fee $ 402.00, Receipt Number ANYSDC-26380442)Document filed by Louis Montanaro..(Gold, Fredric)
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