New York Eastern District Court
Judge:Hector Gonzalez
Referred: Arlene R Lindsay
Case #: 2:21-cv-03202
Nature of Suit330 Torts - Personal Injury - Federal Employers’ Liability
Cause45:51 Railways: Fed. Employer's Liability Act
Case Filed:Jun 07, 2021
Terminated:Jul 09, 2024
Last checked: Saturday Dec 04, 2021 4:23 AM EST
Defendant
Long Island Rail Road Company
Represented By
Christopher P. Yodice
The Long Island Rail Road Company
contact info
Andrew G. Muccigrosso
Lirr Law Department
contact info
Plaintiff
Toni Mancini
Represented By
Valerie J. Lauriello
Flynn & Lauriello PLLC
contact info


Docket last updated: 7 hours ago
Tuesday, July 09, 2024
21 21 misc Stipulation of Dismissal Tue 07/09 12:20 PM
STIPULATION of Dismissal by Long Island Rail Road Company (Muccigrosso, Andrew)
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order Status Report Order Tue 07/09 10:25 AM
ORDER: In response to the parties' notice representing that the parties had reached a settlement in principle, see ECF No.20 , the Court previously ordered Plaintiff to file a notice or stipulation of voluntary dismissal on or before July 8, 2024, or instead file the parties' joint pretrial order in accordance with Section VI.B of the Court's Individual Practices. See May 9, 2024, Text Order. The parties have not filed a notice or stipulation of voluntary dismissal or a joint pretrial order. The parties shall file on or before July 16, 2024, either a notice or stipulation of voluntary dismissal that complies with Rule 41 or a letter updating the Court regarding their efforts to finalize their settlement, including whether they have executed a settlement agreement. If the parties have executed a settlement agreement, then their joint letter shall explain why Plaintiff's claims should not be dismissed for lack of jurisdiction since any subsequent claim "to enforce a settlement agreement is fundamentally a claim for breach of a contract... and therefore requires its own basis for jurisdiction." See Hendrickson v. United States , 791 F.3d 354, 358 (2d Cir. 2015) (quoting Kokkonen v. Guardian Life Ins. Co. of Am. , 511 U.S. 375, 378, 381 (1994)) (internal quotation marks omitted). The parties are warned that failure to adhere to unambiguous court orders may result in sanctions. Ordered by Judge Hector Gonzalez on 7/9/2024. (PN)
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order Order Dismissing Case Tue 07/09 12:49 PM
ORDER DISMISSING CASE pursuant to the parties' stipulation of dismissal. See ECF No.21 . Ordered by Judge Hector Gonzalez on 7/9/2024. (KM)
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Thursday, May 09, 2024
20 20 misc Status Report Thu 05/09 9:54 AM
STATUS REPORT /CASE SETTLED by Toni Mancini (Lauriello, Valerie)
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order Order(Other) Thu 05/09 2:10 PM
ORDER: The Court has received the parties' notice indicating that the parties have reached a settlement in principle. See ECF No.20 . Plaintiff shall file a notice or stipulation of voluntary dismissal on or before July 8, 2024, or else the parties shall file on that date parties' joint pretrial order in accordance with Section VI.B of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 5/9/2024. (PN)
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Wednesday, March 20, 2024
order Order on Motion to Adjourn Conference Wed 03/20 4:50 PM
ORDER re19 : The March 26, 2024 conference is adjourned to May 16, 2024 at 1:00 PM. The time to submit the proposed joint pretrial order is extended to and including May 10, 2024. Ordered by Magistrate Judge Arlene R. Lindsay on 3/20/2024. c/ecf (RI)
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Monday, March 18, 2024
19 19 motion Adjourn Conference Mon 03/18 4:25 PM
MOTION to Adjourn Conference and Filing of PTO by Toni Mancini. (Lauriello, Valerie)
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Wednesday, February 28, 2024
18 18 misc Status Report Wed 02/28 1:56 PM
STATUS REPORT by Toni Mancini (Lauriello, Valerie)
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Saturday, February 24, 2024
order Status Report Order Sat 02/24 3:27 PM
ORDER: The parties are directed to file a letter, no longer than three pages, providing a status report on mediation on or before February 29, 2024. Ordered by Judge Hector Gonzalez on 2/24/2024. (KM)
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Thursday, October 12, 2023
order Order on Motion for Extension of Time to Complete Discovery Order Referring Case to Mediation Thu 10/12 11:52 AM
ORDER re17 : The matter is referred to mediation which shall be completed by January 30, 2024. The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by January 2, 2024. Any party planning on making a dispositive motion must take the first step in the motion process by February 29, 2024. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, on or before March 22, 2024. The November 30, 2023 final conference is adjourned to March 26, 2024 at 11:00 a.m. The parties are directed to dial (888) 684-8852 prior to the scheduled time to access the call center. At the prompt enter access code 7625765. Ordered by Magistrate Judge Arlene R. Lindsay on 10/12/2023. c/ecf (RI)
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adr Mediation Instructions Thu 10/12 4:46 PM
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 (in-person or remote) 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 is available at: https://www.nyed.uscourts.gov/adr-forms. 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. 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. (JR)
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Wednesday, October 11, 2023
17 17 motion Extension of Time to Complete Discovery Wed 10/11 12:55 PM
MOTION for Extension of Time to Complete Discovery /Referral to Mediation by Toni Mancini. (Lauriello, Valerie)
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Wednesday, July 12, 2023
order Order on Motion for Extension of Time to Complete Discovery Wed 07/12 3:54 PM
ORDER re16 : The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by October 12, 2023. Any party planning on making a dispositive motion must take the first step in the motion process by November 17, 2023. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, on or before November 28, 2023. The August 22, 2023 final conference is adjourned to November 30, 2023 at 11:00 a.m. The parties are directed to dial (888) 684-8852 prior to the scheduled time to access the call center. At the prompt enter access code 7625765. Ordered by Magistrate Judge Arlene R. Lindsay on 7/12/2023. c/ecf (RI)
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Tuesday, July 11, 2023
16 16 motion Extension of Time to Complete Discovery Tue 07/11 1:49 PM
Joint MOTION for Extension of Time to Complete Discovery by Toni Mancini. (Lauriello, Valerie)
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Friday, January 06, 2023
order Order on Motion for Extension of Time to Complete Discovery Fri 01/06 12:23 PM
ORDER re15 : The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by July 9, 2023. Any party planning on making a dispositive motion must take the first step in the motion process by July 28, 2023. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, on or before August 18, 2023. The February 21, 2023 final conference is adjourned to August 22, 2023 at 11:00 a.m. Ordered by Magistrate Judge Arlene R. Lindsay on 1/6/2023. c/ecf (RI)
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Thursday, January 05, 2023
15 15 motion Extension of Time to Complete Discovery Thu 01/05 1:57 PM
MOTION for Extension of Time to Complete Discovery by Toni Mancini. (Lauriello, Valerie)
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Monday, August 01, 2022
order Order on Motion for Extension of Time to Complete Discovery Mon 08/01 2:39 PM
ORDER re14 : Due to the need of the parties to re-evaluate the plaintiffs condition after the current course of treatment, the Court will grant the extension. The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by January 6, 2023. Any party planning on making a dispositive motion must take the first step in the motion process by January 20, 2023. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, on or before February 3, 2023. The September 8, 2022 final conference is adjourned to February 21,2023 at 11:00 a.m. Due to the length of the extension no further adjournments will be permitted absent a showing of good cause. Ordered by Magistrate Judge Arlene R. Lindsay on 8/1/2022. c/ecf (Imrie, Robert)
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Friday, July 29, 2022
14 14 motion Extension of Time to Complete Discovery Fri 07/29 11:10 AM
Consent MOTION for Extension of Time to Complete Discovery /Adjourn Conference by Toni Mancini. (Lauriello, Valerie)
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Friday, May 06, 2022
utility Case Assigned/Reassigned Fri 05/06 12:33 PM
Case Reassigned to Judge Hector Gonzalez. Judge Denis R. Hurley 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. (Marziliano, August)
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Tuesday, March 15, 2022
order Order on Motion for Extension of Time to Complete Discovery Tue 03/15 1:56 PM
ORDER re13 : The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by August 5, 2022. Any party planning on making a dispositive motion must take the first step in the motion process by August 19, 2022. The parties are to electronically file a joint proposed pretrial order in compliance with the district judge's individual rules, signed by counsel for each party, on or before September 2, 2022 The April 12, 2022 final conference is adjourned to September 8, 2022 at 11:00 a.m. Due to the length of the extension no further adjournments will be permitted absent a showing of good cause. Ordered by Magistrate Judge Arlene R. Lindsay on 3/15/2022. c/ecf (Imrie, Robert) Modified on 3/15/2022 (Imrie, Robert)
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Monday, March 14, 2022
13 13 motion Extension of Time to Complete Discovery Mon 03/14 4:35 PM
MOTION for Extension of Time to Complete Discovery ADJOURN CONFERENCE by Toni Mancini. (Lauriello, Valerie)
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Wednesday, September 08, 2021
12 12 order Scheduling Order Wed 09/08 7:45 PM
SCHEDULING ORDER: A Final Pretrial Conference is scheduled for April 12, 2022 at 12:00 PM before Magistrate Judge Arlene R. Lindsay. See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 9/8/2021. c/ecf (Imrie, Robert)
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11 11 minutes Initial Conference Hearing Scheduling Conference Settlement Conference Telephone Conference Wed 09/08 7:40 PM
Minute Entry for proceedings held before Magistrate Judge Arlene R. Lindsay.Conference held on 9/8/2021. The parties agreed to a schedule which will be entered under a separate order. Counsel will submit a joint letter should the parties wish to pursue mediation. c/ecf (Imrie, Robert)
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Tuesday, August 10, 2021
order Scheduling Order Tue 08/10 5:38 PM
SCHEDULING ORDER: An Initial Conference is scheduled for September 8, 2021 at 11:40 AM by telephone before Magistrate Judge Arlene R. Lindsay. The Court will initiate the conference call. The call in instructions are as follows: The parties are directed to dial (888) 684-8852 prior to the scheduled time to access the call center. At the prompt enter access code 7625765. Ordered by Magistrate Judge Arlene R. Lindsay on 8/10/2021. c/ecf (Imrie, Robert)
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Monday, August 09, 2021
10 10 misc Report of Rule 26(f) Planning Meeting Mon 08/09 10:21 AM
REPORT of Rule 26(f) Planning Meeting (Muccigrosso, Andrew)
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Friday, July 16, 2021
9 9 order Scheduling Order Fri 07/16 3:36 PM
SCHEDULING ORDER: Rule 26 Meeting Report due by August 16, 2021. See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 7/16/2021. c/ecf (Imrie, Robert)
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Att: 1 Rule 26(f) form
Thursday, July 15, 2021
8 8 answer Answer to Complaint Thu 07/15 1:18 PM
ANSWER to1 Complaint, by Long Island Rail Road Company. (Muccigrosso, Andrew)
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7 7 misc Corporate Disclosure Statement Thu 07/15 1:16 PM
Corporate Disclosure Statement by Long Island Rail Road Company identifying Corporate Parent metropolitan trans, Other Affiliate MTA Metro-North Commuter Railroad, 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 for Long Island Rail Road Company. (Muccigrosso, Andrew)
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Monday, June 28, 2021
order Order on Motion for Extension of Time to Answer Mon 06/28 4:54 PM
ORDER re6 : The time for Long Island Rail Road Company to answer, move or otherwise respond to the complaint is extended to and including July 15, 2021.Ordered by Magistrate Judge Arlene R. Lindsay on 6/28/2021. c/ecf (Imrie, Robert)
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Friday, June 25, 2021
6 6 motion Extension of Time to File Answer Fri 06/25 11:29 AM
MOTION for Extension of Time to File Answer by Long Island Rail Road Company. (Yodice, Christopher)
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Friday, June 11, 2021
5 5 service Summons Returned Executed Fri 06/11 1:46 PM
SUMMONS Returned Executed by Toni Mancini. Long Island Rail Road Company served on 6/11/2021, answer due 7/2/2021. (Lauriello, Valerie)
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Tuesday, June 08, 2021
4 4 service Summons Issued Tue 06/08 4:19 PM
Summons Issued as to Long Island Rail Road Company. (Rodin, Deanna)
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3 3 misc Clerks Notice of Rule 73 Tue 06/08 4:17 PM
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. (Rodin, Deanna)
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2 2 misc Quality Control Check - Attorney Case Opening Tue 06/08 4:14 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna)
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utility Case Assigned/Reassigned Tue 06/08 4:16 PM
Case Assigned to Judge Denis R. Hurley and Magistrate Judge Arlene R. Lindsay. 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. (Rodin, Deanna)
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Monday, June 07, 2021
1 1 cmp Complaint Mon 06/07 11:50 AM
COMPLAINT against Long Island Rail Road Company filing fee $ 402, receipt number ANYEDC-14541222 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Toni Mancini. (Lauriello, Valerie)
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Att: 1 Proposed Summons,
Att: 2 Civil Cover Sheet