New York Southern District Court
Judge:Kenneth M Karas
Referred: Andrew E Krause
Case #: 7:22-cv-08475
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause28:1332ct Diversity-(Citizenship)
Case Filed:Oct 05, 2022
Terminated:Apr 12, 2023
Last checked: Monday Apr 03, 2023 5:11 AM EDT
Defendant
Inserra Supermarkets, Inc.
Represented By
Peter Joseph Murano, III
Fisherman Mcintyre, P.C.
contact info
Mitchell B. Levine
Fishman Mcintyre Berkeley Levine Samansky, PC
contact info
Plaintiff
Lori O'Keefe
Represented By
Michael Warren Reich
Law Office Of Michael Reich
contact info


Docket last updated: 9 hours ago
Wednesday, May 31, 2023
17 17 order Stipulation and Order of Dismissal Wed 05/31 12:29 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 hereby is discontinued, with prejudice, without costs to either party as against the other. This stipulation may be filed without further notice with the Clerk of the Court. SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/31/23) (yv)
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misc Notice to Court Regarding Voluntary Dismissal Wed 05/31 10:56 AM
***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 16 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Kenneth M. Karas for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii). (km)
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Tuesday, May 30, 2023
16 16 misc Stipulation of Voluntary Dismissal Tue 05/30 9:22 AM
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) Inserra Supermarkets, Inc. and without costs. Document filed by Inserra Supermarkets, Inc.. Proposed Order to be reviewed by Clerk's Office staff. ..(Levine, Mitchell)
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Wednesday, April 12, 2023
15 15 1 pgs order Order of Dismissal Wed 04/12 11:33 AM
ORDER OF DISMISSAL... It is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty 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 thirty days day period to be "so ordered" by the Court. Per Paragraph 4(B) 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 pending motions are denied. All conferences are vacated. The Clerk of Court is directed to close the case.m SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/12/23) (yv)
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Tuesday, April 11, 2023
13 13 misc Letter Tue 04/11 3:14 PM
FIRST LETTER addressed to Magistrate Judge Andrew E. Krause from Peter J. Murano dated April 11, 2023 re: Settlement & 4-17-23 Telephone Status Conference. Document filed by Inserra Supermarkets, Inc...(Murano, Peter)
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order Order Tue 04/11 3:29 PM
ORDER In light of the parties' letter, reporting that they have reached a settlement in principle, see ECF No. 13, the Court hereby adjourns sine die the conference scheduled for April 17, 2023. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause) (Text Only Order) (kj)
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Friday, February 24, 2023
12 12 order Scheduling Order Fri 02/24 11:14 AM
SCHEDULING ORDER: This matter has been referred to Magistrate Judge Andrew E. Krause for general pretrial supervision. ECF No. 10. A telephonic status conference before Magistrate Judge Krause is hereby scheduled for Monday, April 17, 2023, at 9:30 a.m. To access the teleconference, please follow these directions: (1) dial the meeting number: (877) 336-1831; (2) enter the access code: 2751700; and (3) press pound (#) to enter the teleconference as a guest. Should counsel experience any technical issues with the teleconferencing system, please contact Chambers at (914) 390-4070. SO ORDERED. Telephone Conference set for 4/17/2023 at 09:30 AM before Magistrate Judge Andrew E. Krause. (Signed by Magistrate Judge Andrew E. Krause on 2/23/2023) (tg)
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11 11 3 pgs order Order Fri 02/24 11:11 AM
ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to ensure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes: As further set forth by this Order. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 2/23/2023) (tg)
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Wednesday, February 22, 2023
10 10 1 pgs order Order Referring Case to Magistrate Judge Wed 02/22 12:19 PM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Andrew E. Krause. SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/22/2023) (jca)
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9 9 order Case Management Plan Wed 02/22 12:17 PM
CASE MANAGEMENT ANDSCHEDULING ORDER: At the conference before the Court held on 2/22/23 this Case Management Plan and Scheduling Order was adopted in accordance with Rules 16-26(f) of the Federal Rules of Civil Procedure. No additional parties may be joined except with leave of the Court. Amended pleadings may not be filed except with leave of the Court. Depositions to be completed by 6/9/23. All counsel must meet for at least one hour to discuss settlement not later than two weeks following the close of fact discovery. Parties hare conferred and their present best estimate of the length of trial is 3 days. Deposition due by 8/14/2023. Fact Discovery due by 6/16/2023. Case Management Conference set for 9/19/2023 at 10:00 AM before Judge Kenneth M. Karas. The movant's pre-motion letter is due 9/5/23. The non-movant's response is due 9/12/23. (And as further set forth herein.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/22/2023) (jca)
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minutes Status Conference Wed 02/22 4:32 PM
Minute Entry for proceedings held before Judge Kenneth M. Karas: Status Conference held on 2/22/2023. Michael Warren Reich appeared on behalf of Plaintiff. Peter Murano appeared on behalf of Defendant. No court reporter served. The Court adopted a case management order as amended. See Order. The Parties are referred to the Magistrate Judge for settlement discussions as well as all nondispositive motions. Case Management Conference set for 9/19/2023 at 10:00 AM before Judge Kenneth M. Karas. The movant's pre-motion letter is due 9/5/23. The non-movant's response is due 9/12/23. (DLS)
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Tuesday, February 21, 2023
8 8 misc Proposed Scheduling Order Tue 02/21 2:34 PM
PROPOSED SCHEDULING ORDER. Document filed by Inserra Supermarkets, Inc...(Levine, Mitchell)
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7 7 notice Notice of Appearance Tue 02/21 2:27 PM
NOTICE OF APPEARANCE by Michael Warren Reich on behalf of Lori O'Keefe. Related [+]
Related: [-] ich, Michael
Friday, February 17, 2023
6 6 1 pgs order Order Fri 02/17 11:17 AM
NOTICE OF TELECONFERENCE INFORMATION. For the week of February 20, 2023, the Court will hold all civil conferences, hearings, and/or oral arguments in the above-numbered Action by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign (#). SO ORDERED. (Signed by Judge Kenneth M. Karas on 2/17/23) (yv)
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5 5 notice Notice of Appearance Fri 02/17 6:56 AM
NOTICE OF APPEARANCE by Peter Joseph Murano, III on behalf of Inserra Supermarkets, Inc...(Murano, Peter)
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Wednesday, February 15, 2023
4 4 1 pgs order Order for Initial Pretrial Conference Wed 02/15 4:22 PM
CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for an initial conference before the Honorable Kenneth M. Karas, United States District Judge, on Wednesday, February 22, 2023 at 11 :00 p.m. Counsel shall submit a proposed case management and discovery schedule via ECF by 5 :00 p.m. on the evening before the initial conference. NOTICE OF TELECONFERENCE INFORMATION: Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749, Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign(#). So Ordered. ( Initial Conference set for 2/22/2023 at 11:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 2/15/23) (yv)
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Thursday, October 06, 2022
notice Case Opening Initial Assignment Notice Thu 10/06 10:16 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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] ..(pc)
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utility Case Designation Thu 10/06 10:16 AM
Magistrate Judge Andrew E. Krause 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] . (pc)
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utility Case Designated ECF Thu 10/06 10:16 AM
Case Designated ECF. (pc)
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misc Notice to Attorney Regarding Party Modification Thu 10/06 10:16 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mitchell B. Levine. The party information for the following party/parties has been modified: Lori O'Keefe, Inserra Supermarkets, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; alias party name was omitted;. (pc)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Thu 10/06 10:16 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mitchell B. Levine. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 2 (Citizen of Another State); County code Albany;. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to XX Out of State;. (pc)
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Wednesday, October 05, 2022
3 3 misc Civil Cover Sheet Wed 10/05 12:00 PM
CIVIL COVER SHEET filed..(Levine, Mitchell)
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2 2 misc Rule 7.1 Corporate Disclosure Statement Wed 10/05 11:59 AM
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Inserra Supermarkets, Inc...(Levine, Mitchell)
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1 1 notice Notice of Removal Wed 10/05 11:58 AM
NOTICE OF REMOVAL from Supreme, County of Rockland. Case Number: 36462/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-26777096).Document filed by Inserra Supermarkets, Inc...(Levine, Mitchell)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E,
Att: 6 Affidavit Affidavit of Service