Shields et al v. Woodby et al
| New York Northern District Court | |
| Judge: | David N Hurd |
| Referred: | Daniel J Stewart |
| Case #: | 8:22-cv-01230 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Nov 18, 2022 |
| Terminated: | Aug 20, 2024 |
| Last checked: Friday May 19, 2023 8:58 AM EDT |
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Defendant
Brian L. Woodby
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Represented By
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Defendant
Gabrielle L. Woodby
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Represented By
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Plaintiff
Siri Oscarson
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Represented By
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Plaintiff
Robert M. Shields, Jr.
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Represented By
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| Docket last updated: 04/23/2025 11:59 PM EDT |
| Tuesday, August 20, 2024 | ||
| 36 | 36
1
pgs
order
Order Dismissing Case
Tue 08/20 1:24 PM
Order on Stipulation of Dismissal with Prejudice. Signed by Judge David N. Hurd on 8/20/2024. (ptm) |
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| Monday, August 19, 2024 | ||
| 35 | 35
motion
Letter Request/Motion
Mon 08/19 1:25 PM
Letter Motion from Thomas J. O'Connor, Esq. for Brian L. Woodby, Gabrielle L. Woodby requesting Joint Stipulation of Dismissal With Prejudice be So-Ordered submitted to Judge Hon. Daniel J. Stewart .(O'Connor, Thomas) |
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Att: 1
Joint Stipulation of Dismissal With Prejudice - Request to be So-Ordered
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| Tuesday, June 25, 2024 | ||
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minutes
Settlement Conference
Thu 06/27 2:37 PM
Text Minute Entry for a Settlement Conference held on 6/25/2024 before Magistrate Judge Daniel J. Stewart. The Court held settlement discussions with the parties in this matter. The parties were able to reach a settlement. Settlement was placed on the record. The parties are directed to file a stipulation of dismissal in 30 days. Appearances: Robert M. Shields, Jr. (video) and Siri Oscarson (video), John M. Manrong (video), Murray S. Brower, Esq., (in person) and Donald Boyajian, Esq (in person), for plaintiff; James Karpinski, (in person) for Western World Insurance, and Thomas J. OConnor, Esq., (in person) for defendant. Tanya Taylor (telephone), for 3rd party Lien Holder [Court Reporter: Jacqueline Stroffolino]. Time: 10:00 AM - 1:21 PM.(gmd) |
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| Wednesday, June 05, 2024 | ||
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order
1 - Terminate Deadlines Order Removing Case from ADR
Wed 06/05 3:44 PM
TEXT NOTICE: Since this matter has been scheduled for a settlement conference before Magistrate Judge Stewart on 6/25/2024, the case will be removed from the Court's Mandatory-Mediation program. (amt) |
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| Tuesday, May 28, 2024 | ||
| 34 | 34
order
Order 1 - Terminate Deadlines and Hearings ~Util - Set Deadlines/Hearings
Tue 05/28 10:58 AM
TEXT ORDER re33 Status Report: The Settlement Conference set before the undersigned is RESET for June 25, 2024, at 10:00 AM at the James T. Foley U.S. Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY. The ex parte statements setting forth the material facts of the case and the position of each party should be submitted to Chambers by 6/21/2024. SO ORDERED by Magistrate Judge Daniel J. Stewart on 5/28/2024. (gmd) |
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| Thursday, May 23, 2024 | ||
| 33 | 33
misc
Status Report
Thu 05/23 4:12 PM
STATUS REPORT Updating the Court as to change in mediation date by Robert M. Shields, Jr. (Brower, Murry) |
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| Friday, April 26, 2024 | ||
| 32 | 32
order
Order on Letter Request
Fri 04/26 10:30 AM
TEXT ORDER granting31 Letter Request, requesting an adjournment of the May 20, 2024 settlement conference in this matter for an additional thirty (30) days: The Settlement Conference set before the undersigned is RESET for June 18, 2024, at 10:00 AM at the James T. Foley U.S. Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY. The ex parte statements setting forth the material facts of the case and the position of each party should be submitted to Chambers by 6/14/2024. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/26/2024. (gmd) |
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| Wednesday, April 24, 2024 | ||
| 31 | 31
motion
Letter Request/Motion
Wed 04/24 10:59 AM
Letter Motion from Thomas J. O'Connor, Esq. for Brian L. Woodby, Gabrielle L. Woodby requesting an adjournment of the May 20, 2024 settlement conference in this matter for an additional thirty (30) days submitted to Judge Hon. Daniel J. Stewart . (O'Connor, Thomas) |
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| Tuesday, April 23, 2024 | ||
| 30 | 30
order
Order ~Util - Set Deadlines/Hearings
Tue 04/23 10:51 AM
TEXT ORDER SETTING SETTLEMENT CONFERENCE: IT IS HEREBY ORDERED that this matter is set for a Settlement Conference before the undersigned on May 20, 2024, at 10:00 AM at the James T. Foley U.S. Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY. The conference shall be attended by lead counsel and a representative of the parties with full and final settlement authority . It is also the Court's understanding that a representative of the heath care provider will also attend the settlement conference. After discussion at the most recent telephone conference, and for good cause shown, the Court agrees that both Plaintiffs and Defendant can appear remotely. A separate TEAMS link will be sent to Counsel for that purpose. The parties are directed to exchange a realistic demand and offer prior to the conference. Also, an ex parte statement setting forth the material facts of the case and the position of each party should be submitted to Chambers by 5/15/2024. This confidential statement shall not be filed with the Court Clerk or served upon opposing counsel. Submissions by email are permitted to Ganli Demyttenaere, Courtroom Deputy, at gdemytt@nynd.uscourts.gov. Finally, the parties have consented to allowing the Court to communicate with counsel separately prior to the settlement conference. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/23/2024. (gmd) |
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minutes
Pretrial Conference - Initial
Tue 04/23 10:35 AM
Text Minute Entry for a Telephone Status Conference re Settlement held on 4/22/2024 before Magistrate Judge Daniel J. Stewart. Parties discuss expectations for a settlement conference, and set a date. Text Order to follow. Appearances: Murray S. Brower, Esq., for plaintiffs; Thomas J. OConnor, Esq., for defendants. [Court Reporter: Lisa Mazzei]. Time: 11:00 AM - 11:13 AM. (gmd) |
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| Monday, April 01, 2024 | ||
| 29 | 29
order
Order ~Util - Set Hearings
Mon 04/01 11:56 AM
TEXT ORDER: The Court is in receipt of the Dkt. #28 Status Report: A Telephone Status Conference set for 4/22/2024 11:00 AM before Magistrate Judge Daniel J. Stewart. The parties are directed to dial +1 518-217-2288, and enter ID code 351 526 222 to connect to the conference. SO ORDERED by Magistrate Judge Daniel J. Stewart on 4/1/2024. (gmd) |
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| Thursday, March 28, 2024 | ||
| 28 | 28
misc
Letter Brief
Thu 03/28 12:00 PM
LETTER BRIEF by Siri Oscarson, Robert M. Shields, Jr. (Brower, Murry) |
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| Thursday, December 14, 2023 | ||
| 27 | 27
order
Order ~Util - Set Deadlines/Hearings 1 - Terminate Deadlines and Hearings
Thu 12/14 2:52 PM
Text Order. A discovery conference was held on 12/14/2023 regarding Dkt. #24 and Dkt. #25. Counsel is directed to schedule Plaintiffs deposition via remote means at an agreed upon time. The court grants an extension of the discovery schedule as follows, Discovery due April 1, 2024, Motions due May 1, 2024. Mandatory Mediation to be completed April 15, 2024. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/14/2023. (gmd) |
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minutes
Discovery Hearing ~Util - Terminate Motions
Thu 12/14 2:49 PM
Text Minute Entry for a Telephone Discovery Conference held on 12/14/2023 before Magistrate Judge Daniel J. Stewart. Court and Counsel discuss the issues regarding deposition scheduling. Plaintiffs deposition to be done via remote means. The court grants an extension of the discovery schedule as specified. Text Order to follow. Appearances: Donald W. Boyajian, Esq., and Murray S. Brower, Esq., for plaintiff; Thomas J. OConnor, Esq., for defendant. [Court Reporter: Hannah Cavanaugh]. Time: 11:02 AM - 11:15 AM. (gmd) |
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| Monday, December 04, 2023 | ||
| 26 | 26
order
Order ~Util - Set Hearings
Mon 12/04 11:02 AM
TEXT ORDER re24 Letter Motion requesting Conference, and25 Letter Motion: A Telephone Discovery Conference set for 12/14/2023 11:00 AM before Magistrate Judge Daniel J. Stewart. The parties are directed to dial +1 518-217-2288, and enter ID code 591 159 409 to connect to the conference. SO ORDERED by Magistrate Judge Daniel J. Stewart on 12/4/223. (gmd) |
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| 25 | 25
motion
Letter Request/Motion
Mon 12/04 10:50 AM
Letter Motion from Thomas J. O'Connor, Esq. for Brian L. Woodby, Gabrielle L. Woodby requesting with the Court's permission, in anticipation of the Court conference, we submit a copy of our December 1, 2023 correspondence to Murry Brower, Esq., attaching a Proposed Extension of Discovery Schedule submitted to Judge Hon. Daniel J. Stewart .(O'Connor, Thomas) |
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Att: 1
Letter to Attorney Murry Brower dated 12/1/23 attaching Proposed Extension of Discovery Schedule
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| Friday, December 01, 2023 | ||
| 24 | 24
motion
Letter Request/Motion
Fri 12/01 3:33 PM
Letter Motion for Siri Oscarson, Robert M. Shields, Jr requesting Conference submitted to Judge Daniel J. Stewart . (Brower, Murry) |
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| Tuesday, September 26, 2023 | ||
| 23 | 23
notice
Notice of Appearance
Tue 09/26 2:52 PM
NOTICE OF APPEARANCE by Murry S. Brower on behalf of Siri Oscarson, Robert M. Shields, Jr (Brower, Murry) |
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| Wednesday, September 20, 2023 | ||
| 22 | 22
order
Order ~Util - Set Scheduling Order Deadlines ~Util - Terminate Motions 1 - Terminate Deadlines and Hearings
Wed 09/20 12:27 PM
TEXT SCHEDULING ORDER re19 Letter Motion requesting extension of the discovery schedule and21 Response to Letter Motion. Dates set as follows; Discovery due by 2/2/2024., Motions to be filed by 3/1/2024., Plaintiffs Expert Disclosure Deadline is 11/15/2023., Defendants Expert Disclosure Deadline is 12/15/2023., Rebuttal Expert Disclosure Deadline is 1/15/2024., Deadline for completion of Mandatory Mediation is 11/30/2023. The Settlement Conference set for 9/27/2023 10:00 AM in Albany is ADJOURNED without date. Parties will be contacted separately to reschedule settlement conference. So Ordered by Magistrate Judge Daniel J. Stewart on 9/20/2023. (gmd) |
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| Tuesday, September 19, 2023 | ||
| 21 | 21
misc
Letter Brief
Tue 09/19 5:24 PM
LETTER BRIEF in response to Doc. 19 by Robert M. Shields, Jr. (Boyajian, Donald) |
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| 20 | 20
order
Order ~Util - Set Deadlines
Tue 09/19 9:43 AM
TEXT ORDER: The court is in receipt of the Dkt. #19 Letter Request. Plaintiff is directed to file a Response to the19 Letter Request by end of day today 9/19/2023. So Ordered by Magistrate Judge Daniel J. Stewart on 9/19/2023. (gmd) |
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| Monday, September 18, 2023 | ||
| 19 | 19
motion
Letter Request/Motion
Mon 09/18 3:12 PM
Letter Motion from Thomas J. O'Connor, Esq. for Brian L. Woodby, Gabrielle L. Woodby requesting extension of the discovery schedule submitted to Judge Hon. Daniel J. Stewart . (O'Connor, Thomas) |
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| Friday, June 09, 2023 | ||
| 18 | 18
order
Order on Letter Request
Fri 06/09 1:17 PM
TEXT SCHEDULING ORDER granting17 Letter Request requesting an extension of the discovery schedule ad rescheduling of the Settlement Conference set for June 28, 2023 at 10:00 AM: Discovery due by 2/2/2024. Plaintiffs Expert Disclosure Deadline is 10/31/2023. Defendants Expert Disclosure Deadline is 12/12/2023. Rebuttal Expert Disclosure Deadline is 1/4/2024. Motions to be filed by 3/29/2024. Deadline for completion of Mandatory Mediation is 9/29/2023. The Settlement Conference is RESET for 9/27/2023 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart.The conference shall be attended, IN-PERSON, by lead counsel, any individual parties or a representative of the parties with full and final settlement authority. The parties are directed to submit a realistic demand and offer with a copy to be received by Chambers on 9/22/2023. Also, an ex parte statement setting forth the material facts of the case and the position of each party should be submitted to Chambers by 9/22/2023. This confidential statement shall not be filed with the Court Clerk or served upon opposing counsel. Submissions by email are permitted to Ganli Demyttenaere, Courtroom Deputy, at gdemytt@nynd.uscourts.gov. SO ORDERED by Magistrate Judge Daniel J. Stewart on 6/9/2023.(gmd) |
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| Wednesday, June 07, 2023 | ||
| 17 | 17
motion
Letter Request/Motion
Wed 06/07 3:55 PM
Letter Motion from Courtney L. Alpert, Esq. for Brian L. Woodby, Gabrielle L. Woodby requesting an extension of the discovery schedule submitted to Judge Hon. Daniel J. Stewart . (Alpert, Courtney) |
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| Thursday, April 06, 2023 | ||
| 16 | 16
order
Order ~Util - Set Deadlines/Hearings
Thu 04/06 10:20 AM
TEXT ORDER SETTING SETTLEMENT CONFERENCE: IT IS HEREBY ORDERED that this matter is set for a Settlement Conference before the undersigned on June 28, 2023 at 10:00 AM at the James T. Foley U.S. Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY. The conference shall be attended, IN-PERSON, by lead counsel, any individual parties or a representative of the parties with full and final settlement authority . The parties are directed to submit a realistic demand and offer with a copy to be received by Chambers on 6/24/2023. Also, an ex parte statement setting forth the material facts of the case and the position of each party should be submitted to Chambers by 6/24/2023. This confidential statement shall not be filed with the Court Clerk or served upon opposing counsel. Submissions by email are permitted to Ganli Demyttenaere, Courtroom Deputy, at gdemytt@nynd.uscourts.gov. So Ordered by Magistrate Judge Daniel J. Stewart on 4/6/2023. (gmd) |
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| Thursday, March 30, 2023 | ||
| 15 | 15
misc
Status Report
Thu 03/30 10:44 AM
STATUS REPORT by Siri Oscarson, Robert M. Shields, Jr. (Mix, Stacy) |
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| Thursday, March 02, 2023 | ||
| 14 | 14
order
Uniform Pretrial Scheduling Order
Thu 03/02 4:06 PM
UNIFORM PRETRIAL SCHEDULING ORDER: Joinder of Parties due by 4/28/2023. Amended Pleadings due by 4/28/2023. Discovery due by 11/13/2023. Plaintiffs Expert Disclosure Deadline is 8/15/2023. Defendants Expert Disclosure Deadline is 9/29/2023. Rebuttal Expert Disclosure Deadline is 10/16/2023. Motions to be filed by 1/11/2024. Deadline for completion of Mandatory Mediation is 7/14/2023. Status Report due by 3/30/2023. Anticipated length of trial: 7 Days. Preferred Trial Location: Albany. Signed by Magistrate Judge Daniel J. Stewart on 3/2/2023. (gmd) |
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minutes
Pretrial Conference - Initial
Thu 03/02 3:36 PM
Text Minute Entry for a Telephonic Rule 16 held on 3/2/2023 before Magistrate Judge Daniel J. Stewart. The Court hears from counsel as to their positions and how they intend to proceed in this matter. Mandatory Disclosures have been exchanged. The Court discusses the Mandatory Mediation Program with counsel. Counsel to submit a status report by March 30, 2023 regarding how they would like to proceed with Mediation. Scheduling Order deadlines set. A Uniform Pretrial Order will be issued. Appearances: Stacy Small Mix, Esq., for plaintiff(s); Courtney Alpert, Esq., for defendant(s). Time: 10:01 AM 10:13 AM. (gmd) |
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| Wednesday, March 01, 2023 | ||
| 13 | 13
order
Order on Letter Request
Wed 03/01 2:38 PM
TEXT ORDER granting12 Letter Request: The In Person Initial Rule 16 Conference set for 3/2/2023 10:00 AM is RESET IN LOCATION ONLY as a TELEPHONIC Initial Rule 16 Conference before Magistrate Judge Daniel J. Stewart. The parties are directed to dial: +1 518-217-2288, and enter ID code 799 044 527 to connect to the conference. So Ordered by Magistrate Judge Daniel J. Stewart on 3/1/2023. (gmd) |
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| 12 | 12
motion
Letter Request/Motion
Wed 03/01 11:37 AM
Letter request Letter Motion from Courtney L. Alpert, Esq. for Brian L. Woodby, Gabrielle L. Woodby requesting Conversion of in-person Rule 16 conference to telephone conference . (Alpert, Courtney) |
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| 11 | 11
notice
Notice of Appearance
Wed 03/01 10:54 AM
NOTICE OF APPEARANCE by Courtney Alpert on behalf of All Defendants (Alpert, Courtney) |
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| Thursday, February 23, 2023 | ||
| 10 | 10
misc
Civil Case Management Plan
Thu 02/23 12:25 PM
CIVIL CASE MANAGEMENT PLAN by Siri Oscarson, Robert M. Shields, Jr. (Mix, Stacy) |
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| 9 | 9
order
Order ~Util - Set Deadlines/Hearings
Thu 02/23 11:52 AM
TEXT ORDER: The In Person Initial Rule 16 Conference set for 3/2/2023 at 9:00 AM is RESET in TIME ONLY to 3/2/2023 at 10:00A M in Albany before Magistrate Judge Daniel J. Stewart. ( Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/23/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.). So Ordered by Magistrate Judge Daniel J. Stewart on 2/23/2023. (gmd) |
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| Monday, January 09, 2023 | ||
| 8 | 8
answer
Answer to Complaint
Mon 01/09 1:15 PM
ANSWER to1 Complaint by Brian L. Woodby, Gabrielle L. Woodby.(O'Connor, Thomas) |
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Att: 1
Certificate of Service for Answer
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| Friday, December 23, 2022 | ||
| 7 | 7
misc
Stipulation
Fri 12/23 11:08 AM
STIPULATION re Set/Reset Answer Deadline by Brian L. Woodby, Gabrielle L. Woodby submitted to Judge David N. Hurd. (O'Connor, Thomas) |
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| Thursday, December 15, 2022 | ||
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utility
Set/Reset Answer Deadline
Thu 12/15 12:52 PM
***Answer due date updated for Brian L. Woodby answer due 12/27/2022; Gabrielle L. Woodby answer due 12/27/2022. (lmw) |
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| Wednesday, December 14, 2022 | ||
| 6 | 6
service
Affidavit of Service
Wed 12/14 10:29 AM
AFFIDAVIT of Service for Summons, Complaint and Civil Case Management and Filing Order served on Brian Woodby & Gabrielle Woodby on December 3, 2022, filed by Siri Oscarson, Robert M. Shields, Jr.(Boyajian, Donald) |
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Att: 1
Affidavit Affidavit of Service - Defendant Brian Woodby
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misc
Text Notice of Filing Deficiency
Wed 12/14 4:05 PM
TEXT NOTICE OF FILING DEFICIENCY regarding the #4 Notice of Appearance NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney email address contained in the document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline 12/19/2022 (pjh, ) |
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| Tuesday, December 13, 2022 | ||
| 5 | 5
notice
Notice of Appearance
Tue 12/13 5:02 PM
NOTICE of Appearance by Thomas J. O'Connor on behalf of Brian L. Woodby, Gabrielle L. Woodby(O'Connor, Thomas) |
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Att: 1
Certificate of Service for Notice of Appearance of Thomas J. O'Connor, Esq.
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| Monday, December 05, 2022 | ||
| 4 | 4
notice
Notice of Appearance
Mon 12/05 3:46 PM
NOTICE of Appearance by Stacy Small Mix on behalf of Siri Oscarson, Robert M. Shields, Jr (Mix, Stacy) |
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| Friday, December 02, 2022 | ||
| 3 | 3
misc
G.O. 25 Filing Order
Fri 12/02 10:01 AM
G.O. 25 FILING ORDER ISSUED: Initial R. 16 Conference set for 3/2/2023 09:00 AM before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/23/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (gmd) |
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| 2 | 2
service
Summons Issued
Fri 12/02 9:59 AM
Summons Issued as to Brian L. Woodby and Gabrielle L. Woodby. (gmd) |
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| Monday, November 28, 2022 | ||
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misc
Payment of Civil Filing Fee
Mon 11/28 12:16 PM
Payment of Civil Filing Fee $402, receipt number BNYNDC-6112618 by Siri Oscarson, Robert M. Shields, Jr . (Boyajian, Donald) |
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| Monday, November 21, 2022 | ||
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misc
Text Notice of Filing Deficiency
Mon 11/21 10:39 AM
TEXT NOTICE OF FILING DEFICIENCY NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has not paid the filing fee nor provided a Motion for In Forma Pauperis pursuant to 28 U.S.C. §§ 1914(a), 1915(a), L.R. 5.1.2 and L.R. 5.1.4. - The filing fee should be paid using the CM/ECF event Payment of Civil Filing Fee or an in forma pauperis motion should be filed within 3 days of this notice. Failure to file a motion for informa pauperis or pay the filing fee by the deadline will result in the case being administratively closed. Notice of Filing Deficiency Deadline 11/23/2022 (gmd) |
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| Friday, November 18, 2022 | ||
| 1 | 1
cmp
Complaint
Mon 11/21 10:39 AM
COMPLAINT against Brian L. Woodby, Gabrielle L. Woodby (Filing fee $402 receipt number Not Paid ) filed by Robert M. Shields, Jr, Siri Oscarson.(gmd) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons
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