Gonzalez v. Olivieri
| New York Eastern District Court | |
| Judge: | Natasha C Merle |
| Referred: | Taryn A Merkl |
| Case #: | 1:24-cv-07864 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Tort/Non-Motor Vehicle |
| Case Filed: | Nov 12, 2024 |
| Terminated: | Apr 01, 2025 |
| Last checked: Friday Dec 27, 2024 3:26 AM EST |
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Defendant
Richard Olivieri
25 Jeanette Avenue
Staten Island, NY 10312 |
Represented By
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Plaintiff
Boris Gonzalez
929 Woodlawn Avenue
Linden, NJ 07306 |
Represented By
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| Docket last updated: 6 hours ago |
| Tuesday, April 01, 2025 | ||
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order
~Util - Terminate Civil Case
Tue 04/01 10:04 AM
Civil Case Terminated. (AG) |
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| Monday, March 31, 2025 | ||
| 14 | 14
misc
Stipulation of Dismissal
Mon 03/31 5:07 PM
STIPULATION of Dismissal by Richard Olivieri (Sutton, Leigh) |
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| Thursday, March 06, 2025 | ||
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order
1 - Terminate Deadlines and Hearings
Thu 03/06 2:18 PM
ORDER: The Court is in receipt of the Plaintiff's letter13 indicating that mediation was successful and the parties have reached a settlement in principle. The parties are respectfully directed to file a stipulation of dismissal by 4/7/2025 . All other case deadlines are temporarily stayed, sine die . Ordered by Magistrate Judge Taryn A. Merkl on 3/6/2025. (ERT) |
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| Wednesday, March 05, 2025 | ||
| 13 | 13
misc
Letter
Wed 03/05 5:18 PM
Letter to Judge re Settlement by Boris Gonzalez (Brown, Robert) |
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adr
Report of Mediation(Settled/Unsettled)
Wed 03/05 3:07 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 3/19/2025. (DS) |
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| Wednesday, February 19, 2025 | ||
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adr
Selection of Mediator
Wed 02/19 4:53 PM
SELECTION OF MEDIATOR Andrew Berman selected as Mediator. Date Time and Location in-person/remote:3/4/25 . Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation. For more details on the submission, please consult Local Civil Rule 83.8(b)(4). Attendance is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. The Mediators contact information can be found on the docket sheet. Within fourteen days of the conclusion of the mediation, both parties must submit a Mediation Report. (DS) |
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| Thursday, February 06, 2025 | ||
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minutes
Initial Conference Hearing ~Util - Set Deadlines/Hearings
Thu 02/06 11:22 AM
Minute Entry and Order: A telephonic Initial Conference was held on 2/6/2025 before Magistrate Judge Taryn A. Merkl. Appearances by Robert Brown for Plaintiff and Lily Ockert for Defendant. The parties confirmed that they have held their Rule 26(f) conference. The Court also reminded the parties of their obligations to preserve and, if appropriate, produce electronically stored information during discovery. As stated on the record, the parties' discovery plan is adopted, in part, as follows. Any HIPAA-compliant records authorizations shall be exchanged by 2/7/2025 . Rule 26(a) initial disclosures and first requests for documents and interrogatories shall be exchanged by 2/26/2025 . Phase I discovery shall be completed by 4/7/2025 . The deadline for joining additional parties and amending the pleadings as of right is 5/7/2025 . Fact discovery shall be completed on or before 6/2/2025 . The parties are directed to file a joint status report certifying the close of fact discovery by 6/9/2025 . Exchange of expert disclosures shall be completed by 6/20/2025 . Expert depositions shall be completed by 7/21/2025 . Exchange of rebuttal expert reports shall be completed by 9/5/2025 . All expert discovery shall be completed by 10/6/2025 , and certification of the completion of all discovery shall be filed on ECF by 10/20/2025 . The last date to take the first step in dispositive motion practice is 11/20/2025 , and must be done in accordance with the Individual Rules of the assigned District Judge. As stated on the record, this case will be referred to the EDNY Mediation Panel at the parties' request. Counsel shall exchange all relevant documents and records prior to mediation, if they have not done so already. The parties are directed to file their mediator selection on ECF by 2/20/2025 . Mediation shall be completed by 4/18/2025 . The parties are directed to file a joint status letter by 4/25/2025 , or within one week of the completion of mediation, whichever is sooner, providing an update as to the status of mediation and case status. Ordered by Magistrate Judge Taryn A. Merkl on 2/6/2025. (Cisco Log #10:31-10:57.) (ERT) |
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order
Order Referring Case to Mediation
Thu 02/06 11:24 AM
ORDER REFERRING CASE to Mediation. Mediator selection shall be filed on ECF by 2/20/2025 . Mediation shall be completed by 4/18/2025 . Ordered by Magistrate Judge Taryn A. Merkl on 2/6/2025. (ERT) |
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adr
Mediation Instructions
Thu 02/06 12:37 PM
MEDIATION INSTRUCTIONS: Mediation instructions for counsel are available[LINK:on the Court's website] . Counsel should select a mediator and schedule the initial mediation session with their chosen mediator. Once scheduled, counsel must file their selection using the [LINK:Selection of Mediator Form] . A list of EDNY Panel Mediators is available on the [LINK:Court's website] . EDNY Mediators are compensated in accordance with [LINK:EDNY Mediators are compensated in accordance with Local Civil Rule 83.8(f)(1)] . The Confidentiality Stipulation [LINK:in-person] or [LINK:remote] must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. Upon completion of the mediation, both parties must submit a [LINK:Mediation Report] to the ADR Department. (JR) |
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| Tuesday, January 28, 2025 | ||
| 12 | 12
misc
Case Management Statement
Tue 01/28 3:29 PM
CASE MANAGEMENT STATEMENT Worksheet (Brown, Robert) |
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| Friday, December 13, 2024 | ||
| 11 | 11
order
Scheduling Order
Fri 12/13 9:27 AM
SCHEDULING ORDER: A telephonic Initial Conference will be held on 2/6/2025 at 10:30 a.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the number (571) 353-2301 . The meeting ID is 362861721 . The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the attached Case Management Worksheet and electronically file same with the Court no later than 1/29/2025 . Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Ordered by Magistrate Judge Taryn A. Merkl on 12/13/2024. (KC) |
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| Thursday, December 12, 2024 | ||
| 10 | 10
answer
Answer to Complaint
Thu 12/12 4:51 PM
ANSWER to2 Complaint by Richard Olivieri. (Ockert, Lily) |
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| Thursday, December 05, 2024 | ||
| 9 | 9
notice
Notice of Appearance
Thu 12/05 9:43 AM
NOTICE of Appearance by Leigh Harris Sutton on behalf of Richard Olivieri (aty to be noticed) (Sutton, Leigh) |
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| Wednesday, December 04, 2024 | ||
| 8 | 8
notice
Notice of Appearance
Wed 12/04 12:07 PM
NOTICE of Appearance by Lily Anne Ockert on behalf of Richard Olivieri (aty to be noticed) (Ockert, Lily) |
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| Tuesday, December 03, 2024 | ||
| 7 | 7
service
Summons Returned Executed Affidavit of Service
Tue 12/03 11:07 AM
SUMMONS Returned Executed by Boris Gonzalez. Richard Olivieri served on 11/27/2024, answer due 12/18/2024., AFFIDAVIT of Service for Summons and Complaint served on Richard Olivieri on 11/27/2024, filed by Boris Gonzalez. (Brown, Robert) |
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| Friday, November 22, 2024 | ||
| 6 | 6
misc
Quality Control Check - Attorney Case Opening
Fri 11/22 12:30 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
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| 5 | 5
misc
Clerks Notice of Rule 73
Fri 11/22 12:30 PM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (SDM) |
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| 4 | 4
service
Summons Issued
Fri 11/22 12:29 PM
Summons Issued as to Richard Olivieri. (SDM) |
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| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Fri 11/22 10:46 AM
Civil Cover Sheet.. by Boris Gonzalez (Brown, Robert) (Main Document 3 replaced on 11/22/2024) (SDM). (SDM). Modified on 11/22/2024 (SDM) |
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Att: 1
(11/22/2024) Proposed Summons
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notice
Notice: Re: Incomplete Civil Cover Sheet
Fri 11/22 10:26 AM
NOTICE: Incomplete Civil Cover Sheet. The Civil Cover Sheet was not filled out correctly - The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please resubmit a COMPLETED Civil Cover Sheet including the SECOND PAGE (Not the Instruction Page). This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet (SDM) |
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utility
Case Assigned/Reassigned
Fri 11/22 12:27 PM
Case Assigned to Judge Natasha C. Merle and Magistrate Judge Taryn A. Merkl. 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. (SDM) |
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| Tuesday, November 19, 2024 | ||
| 2 | 2
11
pgs
cmp
Complaint
Tue 11/19 11:45 AM
COMPLAINT against All Plaintiffs filing fee $ 405, receipt number ANYEDC-18507977 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Boris Gonzalez. (Brown, Robert) |
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utility
Incorrect Case-Document Information
Tue 11/19 11:33 AM
Missing Initiating Documents: Please file the Complaint and pay the Civil Filing Fee for the following case so that it may be processed. Initial Case Opening Documents Should be Filed at The Time a Case Number is generated (SDM) |
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| Thursday, November 14, 2024 | ||
| 1 | 1
misc
Proposed Summons/Civil Cover Sheet
Thu 11/14 11:12 AM
Proposed Summons.Civil Cover Sheet.. by Boris Gonzalez (Brown, Robert) |
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| Wednesday, November 13, 2024 | ||
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utility
Incorrect Case-Document Information
Wed 11/13 9:57 PM
Please file the Complaint, Civil Cover Sheet, Proposed Summons and pay the Civil Filing Fee for the following case so that it may be processed. Initial Case Opening Documents Should be Filed at The Time a Case Number is generated (SDM) |
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