will filter after docket loads

Doe v. Cuchel

2:20-cv-05402 | New York Eastern District Court

Interested in this case?

Request a Demo Track this case, and find millions of cases like it, let us show you how.
Division Central Islip
Judge Judge Gary R. Brown
Filed Nov. 6, 2020
Case Flags ACO
Magistrate Magistrate Judge Arlene R. Lindsay
Nature of Suit 320 Assault, Libel & Slander
Cause 28:1332 Diversity-Libel,Assault,Slander
Jury Demand Plaintiff
Last Updated: 12 months ago Show Interactive Timeline
Filing Date # Docket Text
4/2/2024EXHIBIT 7 - Notes of Dr. Alexander Bardey (produced 6/9/22 with Def. responses to Second RFPs) by Jane Doe. Related document: 89 Exhibit List filed by Jane Doe. (Amanat, Farzin) (Entered: 04/02/2024)
4/1/2024Proposed Voir Dire by Jane Doe (Amanat, Farzin) (Entered: 04/01/2024)
4/1/2024Exhibit List by Jane Doe. (Amanat, Farzin) (Entered: 04/01/2024)
4/1/2024Proposed Jury Instructions/Verdict Form by Jane Doe (Amanat, Farzin) (Entered: 04/01/2024)
4/1/2024
  • Motionby Π
Proposed Pretrial Order [AMENDED JOINT CIVIL PRETRIAL ORDER (updating witness lists and deposition designations for trial)] by Jane Doe (Amanat, Farzin) (Entered: 04/01/2024)
4/1/2024Exhibit List by Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J.Cuchel. (Attachments: # 1 Exhibit A - Medical Records, # 2 Exhibit B - Certified Petition, # 3 Exhibit C - Certified Answer, etc., # 4 Exhibit D - Certified Petition, # 5 Exhibit E - Certified Answer, # 6 Exhibit F - Certified Claim, # 7 Exhibit G - Settlement Agreement, # 8 Exhibit H - Email, # 9 Exhibit I - Email Exchanges, # 10 Exhibit J - Email Chain, # 11 Exhibit K - Email, # 12 Exhibit L - Email, # 13 Exhibit M - Email, # 14 Exhibit N - Email Exchanges, # 15 Exhibit O - Email Exchange, # 16 Exhibit P - Email Exchanges, # 17 Exhibit Q - Email with Attachment, # 18 Exhibit R - Correspondence, # 19 Exhibit S - Declaration of Plaintiff, # 20 Exhibit T - Correspondence, # 21 Exhibit U - Patient Info Sheet, etc., # 22 Exhibit V - Medical Records, # 23 Exhibit W - Broker Opinion, # 24 Exhibit X - Expert Report, # 25 Exhibit Y - Weaver CV, # 26 Exhibit Z - Doctor Notes and Emails, # 27 Exhibit AA - Email Exchange, # 28 Exhibit BB - Driver's License, # 29 Exhibit CC - Child Victim's Act, # 30 Exhibit DD - Email Exchanges, # 31 Exhibit EE - Correspondence, # 32 Exhibit FF - Email with Attachment, # 33 Exhibit GG - Email, # 34 Exhibit HH - Photographs, # 35 Exhibit II - Birth Certificate) (Keating, Kevin) (Entered: 04/01/2024)
4/1/2024Proposed Jury Instructions/Verdict Form by Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J.Cuchel (Keating, Kevin) (Entered: 04/01/2024)
4/1/2024Proposed Voir Dire by Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J.Cuchel (Keating, Kevin) (Entered: 04/01/2024)
3/27/2024NOTICE of Appearance by Kenneth P. Abbarno on behalf of Jane Doe (notification declined or already on case) (Abbarno, Kenneth) (Entered: 03/27/2024)
3/26/2024
  • Order
ORDER re Pre-Trial Submissions:

The parties are reminded that pursuant to the Rule III of the undersigned's Individual Rules, the parties are required to electronically file Two Weeks Before Trial the following items:

(1) Proposed, Non-Standard Voir Dire Questions;

(2) Requests to Charge regarding the elements of the claims, the damages sought, and defenses in hard copy and on electronic media in Word format;

(3) Fully briefed Motions in Limine; and

(4) All exhibits pre-marked, exchanged with the other parties, placed in binders with tabs identifying the exhibit, and delivered to the Court.

Ordered by Judge Gary R. Brown on 3/26/2024. (LJ) (Entered: 03/26/2024)

3/25/2024
  • Motion to Appear Pro Hac ViceGranted
ORDER re 82 : The Motion of Kenneth P. Abbarno for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 3/25/2024. c/ecf (RI) (Entered: 03/25/2024)
3/22/2024
  • Motion to Appear Pro Hac Viceby Π
MOTION to Appear Pro Hac Vice for Kenneth P. Abbarno Filing fee $ 200, receipt number ANYEDC-17697304 by Jane Doe. (Attachments: # 1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, # 2 Certificate of Good Standing - Ohio, # 3 Certificate of Good Standing - Illinois, # 4 Certificate of Good Standing - New York, # 5 Certificate of Good Standing - Washington, DC, # 6 Proposed Order) (Abbarno, Kenneth) (Entered: 03/22/2024)
3/19/2024
  • Motion
Proposed Pretrial Order Supplement by Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J.Cuchel (Keating, Kevin) (Entered: 03/19/2024)
3/7/2024NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 08/21/2023, before Judge Gary R. Brown. Transcriber Transcriptions Plus II, Inc., Telephone number 917-817-2825. Email address: RL.Transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/28/2024. Redacted Transcript Deadline set for 4/8/2024. Release of Transcript Restriction set for 6/5/2024. (CG) (Entered: 03/07/2024)
3/1/2024
  • Motionby Π
Proposed Pretrial Order [JOINT PRETRIAL ORDER] by Jane Doe (Amanat, Farzin) (Entered: 03/01/2024)
8/21/2023Minute Entry for proceedings held before Judge Gary R. Brown:Pre Motion Conference held on 8/21/2023. Lisa Haba and F. Frank Amanat present for plaintiff; Kevin Keating present for defendant. Motion argued. Motion denied. Joint pre-trial order due by 3/1/2024, jury selection scheduled for 4/15/2024 at 9:30 a.m., trial to commence immediately after selection. (FTR Log #AT&T 2:00 -2:45.) (KM) (Entered: 08/21/2023)
6/16/2023DECLARATION of Kevin J. Keating by Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J.Cuchel (Attachments: # 1 Exhibit Transcript of Helene Ginden, # 2 Exhibit Transcript of Natalie Cuchel, # 3 Exhibit Transcript of Dr. Bardey, # 4 Exhibit Transcript of Dr. Weaver) (Keating, Kevin) (Entered: 06/16/2023)
6/16/2023RULE 56.1 STATEMENT Response filed by Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J.Cuchel. (Keating, Kevin) (Entered: 06/16/2023)
6/1/2023
  • OrderGranted
ORDER granting 75 Motion for Pre Motion Conference

A telephone pre-motion conference is scheduled for August 18, 2023 at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address Plaintiff's anticipated partial summary judgment cross-motion pursuant to Rule 56 of the Federal Rules of Civil Procedure, DE 46. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference.

Counsel should note that, in appropriate cases, the pre-motion letter and Rule 56.1 Statement as well as the response and Rule 56.1 Counter-statement, along with counsels' arguments at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).

Defendant is directed to respond to DE 75 in accordance with the undersigned's individual rules, particularly those regarding pre-motion letters contemplating summary judgment, by June 16, 2023. At the conference, the Court will issue a briefing schedule if necessary.

Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8.

Ordered by Judge Gary R. Brown on 6/1/2023. (LJ) (Entered: 06/01/2023)

5/30/2023EXHIBIT A - Deposition of Plaintiff Jane Doe by Jane Doe. Related document: 75 MOTION for pre motion conference on Renewed Motion for Summary Judgment filed by Jane Doe. (Amanat, Farzin) (Entered: 05/30/2023)
5/30/2023
  • Motionby Π
MOTION for pre motion conference on Renewed Motion for Summary Judgment by Jane Doe. (Attachments: # 1 Plaintiff's Statement of Undisputed Material Facts Pursuant to Local Civil Rule 56.1, # 2 Declaration of F. Franklin Amanat in Support of Plaintiff's Motion for Summary Judgment, # 3 Exhibit B - Plaintiff's Decl.) (Amanat, Farzin) (Entered: 05/30/2023)
5/24/2023
  • OrderDenied
ORDER denying 74 Motion for Pre Motion Conference without prejudice with leave to renew in accordance with the Court's rules. Consistent with the Court's individual rules, a party moving for summary judgment must submit a Local Civil Rule 56.1 Statement with a pre-motion conference letter, and within fifteen days, the non-moving party shall submit a Local Civil Rule 56.1 Response, and the Court will schedule a pre-motion conference. See Individual Rule II(f) and (g). In light of the additional briefing in this case, (ECF Nos. 64-67 (plaintiff), 69-70 (defendant), 71-72 (plaintiff reply)); Magistrate Judge Lindsay's Order dated March 30, 2023, granting in relevant part Plaintiffs motion to preclude the testimony of Dr. Bardey. ECF No. 73; as well as Defendant's amended expert report, which Plaintiff is not seeking to strike, Plaintiff may renew a revised motion for a pre-motion conference as well as a revised 56.1 Statement. Ordered by Judge Gary R. Brown on 5/24/2023. (Entered: 05/24/2023)
5/23/2023
  • Motionby Π
MOTION for pre motion conference for Plaintiff's Motion for Summary Judgment by Jane Doe. (Haba, Lisa) (Entered: 05/23/2023)
3/30/2023
  • Order
ORDER re 64 : See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 3/30/2023. c/ecf (RI) (Entered: 03/30/2023)
2/24/2023DECLARATION of Joshua Lax in Support of Plaintiff's Motion to Preclude Testimony of Alexander Sasha Bardey M.D. by Jane Doe (Attachments: # 1 Exhibit A - Deposition Excerpt of Alexander Bardey, M.D.) (Lax, Joshua) (Entered: 02/24/2023)
2/24/2023
  • Motion to Strike
REPLY in Support re 64 MOTION to Strike Defendant's Expert Testimony of Alexander Sasha Bardey M.D. filed by Jane Doe. (Lax, Joshua) (Entered: 02/24/2023)
2/17/2023EXHIBIT of Dr. Bardey by Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J.Cuchel. (Attachments: # 1 Exhibit Transcript of Jane Doe, # 2 Exhibit Transcript of Helen Ginden, # 3 Exhibit Transcript of Gregory Krueger, # 4 Exhibit Transcript of David Krojanker) (Keating, Kevin) (Entered: 02/17/2023)
2/17/2023MEMORANDUM in Opposition of Plaintiff's Motion to Preclude filed by Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J.Cuchel. (Attachments: # 1 Declaration of Kevin J. Keating, # 2 Exhibit Dr. Bardey CV, # 3 Affidavit of Dr. Bardey) (Keating, Kevin) (Entered: 02/17/2023)
2/3/2023NOTICE of Appearance by Greg G Gutzler on behalf of Jane Doe (aty to be noticed) (Gutzler, Greg) (Entered: 02/03/2023)
2/1/2023
  • Motion to Strike
MEMORANDUM in Support re 64 MOTION to Strike Defendant's Expert filed by Jane Doe. (Lax, Joshua) (Entered: 02/01/2023)
2/1/2023AFFIDAVIT/DECLARATION in Support re 64 MOTION to Strike Defendant's Expert Filed Under Seal Pursuant to Docket Entry 14, Paragraph 3, to Protect the Identity of Plaintiff Jane Doe filed by Jane Doe. (Attachments: # 1 Exhibit A: Excerpts from Plaintiff's Deposition, # 2 Exhibit B: Excerpts from the Deposition of GCK, # 3 Exhibit C: Excerpts from the Deposition of DK, # 4 Exhibit D: Report of Alexander Sasha Bardey, # 5 Exhibit E: Excerpts from the Deposition of Alexander Sasha Bardey) (Lax, Joshua) (Entered: 02/01/2023)
2/1/2023AFFIDAVIT/DECLARATION in Support re 64 MOTION to Strike Defendant's Expert filed by Jane Doe. (Lax, Joshua) (Entered: 02/01/2023)
2/1/2023
  • Motion to Strike
MOTION to Strike Defendant's Expert by Jane Doe. (Lax, Joshua) (Entered: 02/01/2023)
1/13/2023
  • Order
ORDER: By Order dated January 6, 2023, District Judge Brown referred the plaintiffs pre motion conference letter and associated filings to the undersigned having construed the plaintiff's anticipated motion for summary judgment as a motion to preclude the defendant's expert witness. Because the submissions contain information addressing both the underlying claims and the defendants expert, the undersigned finds that, for the sake of clarity, additional briefing is required. Accordingly, on or before February 1, 2023, the plaintiff is directed to submit a motion pursuant to Local Rule 6.1 to the undersigned specifically addressing the Daubert factors. The defendant may respond to the motion on or before February 17, 2023. The plaintiff may submit a reply on or before February 24, 2023. Ordered by Magistrate Judge Arlene R. Lindsay on 1/13/2023. c/ecf (RI) (Entered: 01/13/2023)
1/6/2023
  • Order
ORDER. Upon review, the Court hereby construes plaintiff's Motion for Summary Judgment as a Motion to Preclude defendant's expert witness. That motion is hereby referred to Magistrate Judge Lindsay. Any application for Summary Judgment is deferred pending resolution of the Motion to Preclude. As such, the conference scheduled for today at 3pm is adjourned without date. Ordered by Judge Gary R. Brown on 1/6/2023. (MR) (Entered: 01/06/2023)
12/28/2022NOTICE of Change of Firm Name and Address Once the filing has been made, you must login to www.pacer.gov and update your account. (Amanat, Farzin) (Entered: 12/28/2022)
11/28/2022
  • Order
ORDER: In light of the scheduled pre motion conference, the December 1, 2022 final conference before the undersigned and the deadline to submit the proposed joint pretrial order are adjourned. The parties are directed to submit a joint status letter by January 13, 2023. Ordered by Magistrate Judge Arlene R. Lindsay on 11/28/2022. c/ecf (RI) (Entered: 11/28/2022)
11/23/2022DECLARATION of Kevin J. Keating by Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J.Cuchel (Attachments: # 1 Exhibit Transcript of Helene Ginden, # 2 Exhibit Transcript of Natalie Cuchel, # 3 Exhibit Transcript of Dr. Bardey, # 4 Exhibit Transcript of Dr. Weaver) (Keating, Kevin) (Entered: 11/23/2022)
11/23/2022RULE 56.1 STATEMENT RESPONSE filed by Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J.Cuchel. (Keating, Kevin) (Entered: 11/23/2022)
11/14/2022
  • Order
ORDER re 60 Letter filed by Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J.Cuchel. Application granted, on consent. Ordered by Judge Gary R. Brown on 11/14/2022. c/ecf (LJ) (Entered: 11/14/2022)
11/10/2022Letter to Hon. Gary R. Brown by Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J.Cuchel (Keating, Kevin) (Entered: 11/10/2022)
11/10/2022
  • OrderGranted
ORDER granting 56 Motion for Pre Motion Conference

A telephone pre-motion conference is scheduled for January 6, 2023 at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address Plaintiff's anticipated summary judgment motion pursuant to Rule 56 of the Federal Rules of Civil Procedure, DE 56. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference.

Counsel should note that, in appropriate cases, the pre-motion letter and Rule 56.1 Statement as well as the response and Rule 56.1 Counter-statement, along with counsels' arguments at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).

The Defendant is directed to respond to DE 56 in accordance with the undersigned's individual rules, particularly those regarding pre-motion letters contemplating summary judgment, see Rule II(g), by November 23, 2022. At the conference, the Court will issue a briefing schedule if necessary. Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates.

The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8.

Ordered by Judge Gary R. Brown on 11/10/2022. c/ecf (LJ) (Entered: 11/10/2022)

11/7/2022AFFIDAVIT/DECLARATION in Support re 56 MOTION for pre motion conference filed by Jane Doe. (Attachments: # 1 Exhibit A: Excerpts from the Deposition of Jane Doe) (Lax, Joshua) (Entered: 11/07/2022)
11/7/2022AFFIDAVIT/DECLARATION in Support re 56 MOTION for pre motion conference filed by Jane Doe. (Attachments: # 1 Exhibit B: Affidavit of Jane Doe) (Lax, Joshua) (Entered: 11/07/2022)
11/7/2022RULE 56.1 STATEMENT re 56 MOTION for pre motion conference filed by Jane Doe. (Lax, Joshua) (Entered: 11/07/2022)
11/7/2022
  • Motion
MOTION for pre motion conference by Jane Doe. (Lax, Joshua) (Entered: 11/07/2022)
9/14/2022
  • Motion for Attorney Fees
ORDER re 53 , 54 : The Motion for Attorney Fees is deemed withdrawn. Ordered by Magistrate Judge Arlene R. Lindsay on 9/14/2022. c/ecf (Imrie, Robert) (Entered: 09/14/2022)
9/9/2022
  • Order
ORDER re 55 : The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by October 24, 2022. Any party planning on making a dispositive motion must take the first step in the motion process by November 7, 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 November 29, 2022. The November 1, 2022 final conference is adjourned to December 1, 2022 at 11:00 p.m. by telephone. The Court will initiate the conference call. The parties are directed to dial (888) 278-0296 prior to the scheduled time to access the call center. At the prompt enter access code 9424335. Ordered by Magistrate Judge Arlene R. Lindsay on 9/9/2022. c/ecf (Imrie, Robert) (Entered: 09/09/2022)
9/8/2022
  • Motion to Extend Time
Joint MOTION for Extension of Time to Complete Discovery by Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J.Cuchel. (Keating, Kevin) (Entered: 09/08/2022)
8/30/2022Letter in response to Plaintiffs Rule 30.1 application by Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J.Cuchel (Keating, Kevin) (Entered: 08/30/2022)
8/27/2022
  • Motion for Attorney Fees
MOTION for Attorney Fees and Costs Pursuant to Local Civil Rule 30.1 by Jane Doe. (Lax, Joshua) (Entered: 08/27/2022)
7/27/2022
  • Order
ORDER re 52 : The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by September 14, 2022. Any party planning on making a dispositive motion must take the first step in the motion process by September 30, 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 October 27, 2022. The September 12, 2022 final conference is adjourned to November 1, 2022 at 12:00 p.m. by telephone. The Court will initiate the conference call. The parties are directed to dial (888) 278-0296 prior to the scheduled time to access the call center. At the prompt enter access code 9424335. Ordered by Magistrate Judge Arlene R. Lindsay on 7/27/2022. c/ecf (Imrie, Robert) (Entered: 07/27/2022)
7/26/2022
  • Motion to Extend Time
MOTION for Extension of Time to Complete Discovery by Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J.Cuchel. (Keating, Kevin) (Entered: 07/26/2022)
7/26/2022
  • Order
ORDER re 46 : See the attached Order for details. Ordered by Magistrate Judge Arlene R. Lindsay on 7/26/2022. c/ecf (Imrie, Robert) (Entered: 07/26/2022)
7/8/2022Letter to Hon. Arlene Lindsay by Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J.Cuchel (Keating, Kevin) (Entered: 07/08/2022)
7/8/2022
  • Motion to Compel
RESPONSE in Opposition re 46 MOTION to Compel filed by Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J.Cuchel. (Keating, Kevin) (Entered: 07/08/2022)
7/7/2022
  • Motion to Compel
REPLY in Support re 46 MOTION to Compel filed by Jane Doe. (Attachments: # 1 Exhibit A: Responses and Objections at Issue) (Lax, Joshua) (Entered: 07/07/2022)
6/29/2022
  • Motion to Compel
MOTION to Compel by Jane Doe. (Lax, Joshua) (Entered: 06/29/2022)
5/25/2022
  • Order
ORDER re 45 : The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by July 29, 2022. Any party planning on making a dispositive motion must take the first step in the motion process by August 12, 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 8, 2022. The June 28, 2022 final conference is adjourned to September 12, 2022 at 11:00 a.m.Ordered by Magistrate Judge Arlene R. Lindsay on 5/25/2022. c/ecf (Imrie, Robert) (Entered: 05/25/2022)
5/24/2022
  • Motion to Extend Time
Consent MOTION for Extension of Time to Complete Discovery by Jane Doe. (Lax, Joshua) (Entered: 05/24/2022)
5/18/2022NOTICE of Appearance by Joshua J. Lax on behalf of Jane Doe (aty to be noticed) (Lax, Joshua) (Entered: 05/18/2022)
4/21/2022
  • Order
ORDER re 43 : The scheduling order is modified as follows: All discovery, inclusive of expert discovery, to be concluded by May 25, 2022. Any party planning on making a dispositive motion must take the first step in the motion process by June 8, 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 June 24, 2022. The May 26, 2022 final conference is adjourned to June 28, 2022 at 12:00 p.m. Ordered by Magistrate Judge Arlene R. Lindsay on 4/21/2022. c/ecf (Imrie, Robert) (Entered: 04/21/2022)
4/20/2022
  • Motion to Extend Time
MOTION for Extension of Time to Complete Discovery by Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J.Cuchel. (Keating, Kevin) (Entered: 04/20/2022)
4/8/2022
  • Motion to Substitute PartyGranted
ORDER re 31 : The Motion to Substitute Party is granted as unopposed. The Clerk of Court is directed to amend the caption to substitute Sharon J. Cuchel, in her capacity as Executrix of the Estate of Stephen J. Cuchel in place of Stephen J. Cuchel. Ordered by Magistrate Judge Arlene R. Lindsay on 4/8/2022. c/ecf (Imrie, Robert) (Entered: 04/08/2022)
4/7/2022
  • Order
ORDER: In light of Doc 42 , Doc 41 is deemed moot. Ordered by Magistrate Judge Arlene R. Lindsay on 4/7/2022. c/ecf (Imrie, Robert) (Entered: 04/07/2022)
4/6/2022Letter regarding Rule 35 Motion by Stephen J. Cuchel (Keating, Kevin) (Entered: 04/06/2022)
3/29/2022
  • Motion
MOTION for Discovery pursuant to Rule 35 for a Mental Examination by Stephen J. Cuchel. (Keating, Kevin) (Entered: 03/29/2022)
3/29/2022
  • Order
ORDER: In light of the Amended Motion 31 , Doc 30 is terminated.Ordered by Magistrate Judge Arlene R. Lindsay on 3/29/2022. c/ecf (Imrie, Robert) (Entered: 03/29/2022)
3/25/2022
  • Order
ORDER withdrawing 33 Motion for Pre Motion Conference; granting 40 Motion to Withdraw 33 MOTION for pre motion conference for Plaintiff's Motion for Summary Judgment as to Liability, 40 Letter MOTION to Withdraw 33 MOTION for pre motion conference for Plaintiff's Motion for Summary Judgment as to Liability. The motion to Withdraw the motion for a pre motion conference is granted and the motion, DE 33, is deemed withdrawn. Ordered by Judge Gary R. Brown on 3/25/2022. c/ecf (Johnston, Linda) (Entered: 03/25/2022)
3/24/2022
  • Motion to Withdraw
Letter MOTION to Withdraw 33 MOTION for pre motion conference for Plaintiff's Motion for Summary Judgment as to Liability, Order on Motion for Extension of Time to Complete Discovery,,,,,,,,,,,,, by Jane Doe. (Kappus, Carmel) (Entered: 03/24/2022)
3/24/2022
  • Motion to Extend TimeGranted
ORDER re 37 : Over the plaintiffs objection, the defendants motion for an extension of time to complete discovery is granted. It is clear from the parties submissions that discovery is not complete. In addition, on March 15, 2022, District Judge Brown referred the plaintiffs motion to substitute to the undersigned which remains sub judice. Accordingly, all discovery, inclusive of expert discovery, must be completed by April 22, 2022. Upon receipt of this order, counsel for the parties are directed to meet and confer by telephone regarding any outstanding discovery including the scheduling of the plaintiffs deposition. Any party planning to file a dipositive motion must take the first step in the motion process by May 6, 2022. Counsel for the plaintiff is directed to contact District Judge Brown and advise him that the premotion conference letter filed on March 10, 2022 is premature. 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 May 24, 2022. The final conference scheduled for March 31, 2022 is adjourned to May 26, 2022 at 11:00 a.m. The Court will initiate the conference call. The parties are directed to dial (888) 278-0296 prior to the scheduled time to access the call center. At the prompt enter access code 9424335. Counsel for the defendant is reminded that parties may not filed replies to letter motions without permission from the Court. Ordered by Magistrate Judge Arlene R. Lindsay on 3/24/2022. Doc 32 is terminated. c/ecf (Imrie, Robert) (Entered: 03/24/2022)
3/24/2022
  • Motion to Extend Time
REPLY to Response to Motion re 32 MOTION for Extension of Time to Complete Discovery filed by Stephen J. Cuchel. (Keating, Kevin) (Entered: 03/24/2022)
3/23/2022
  • Motion to Extend Timeby Π
RESPONSE in Opposition re 37 MOTION for Extension of Time to Complete Discovery filed by Jane Doe. (Amanat, Farzin) (Entered: 03/23/2022)
3/22/2022
  • Motion to Extend Time
MOTION for Extension of Time to Complete Discovery by Stephen J. Cuchel. (Keating, Kevin) (Entered: 03/22/2022)
3/16/2022
  • Reply
REPLY in Opposition re 35 Response in Opposition to Motion filed by Stephen J. Cuchel. (Keating, Kevin) (Entered: 03/16/2022)
3/15/2022
  • Order
ORDER referring the 31 Amended MOTION to Substitute Party filed by Jane Doe, 30 Notice of MOTION to Substitute Party filed by Jane Doe to the assigned Magistrate Judge. Ordered by Judge Gary R. Brown on 3/15/2022. (McMorrow, Karen) (Entered: 03/15/2022)
3/14/2022
  • Motion to Extend Timeby Π
RESPONSE in Opposition re 32 MOTION for Extension of Time to Complete Discovery filed by Jane Doe. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Amanat, Farzin) (Entered: 03/14/2022)
3/14/2022RESPONSE in Opposition re 33 MOTION for pre motion conference for Plaintiff's Motion for Summary Judgment as to Liability filed by Stephen J. Cuchel. (Keating, Kevin) (Entered: 03/14/2022)
3/10/2022
  • Motion
MOTION for pre motion conference for Plaintiff's Motion for Summary Judgment as to Liability by Jane Doe. (Attachments: # 1 Rule 56.1 Statement of Material Facts, # 2 Declaration of Plaintiff Jane Doe) (Kappus, Carmel) (Entered: 03/10/2022)
3/10/2022
  • Motion to Extend Time
MOTION for Extension of Time to Complete Discovery by Stephen J. Cuchel. (Keating, Kevin) (Entered: 03/10/2022)
3/10/2022
  • Motion to Substitute Party
Amended MOTION to Substitute Party by Jane Doe. (Attachments: # 1 Memorandum in Support of Motion for Subtitution, # 2 Declaration of Carmel T. Kappus in Suport of Plaintiff's Motion for Substitution, # 3 Exhibit A, # 4 Proposed Judgment) (Kappus, Carmel) (Entered: 03/10/2022)
3/10/2022Notice of MOTION to Substitute Party by Jane Doe. (Attachments: # 1 Memorandum in Support of Motion for Subtitution, # 2 Declaration of Carmel T. Kappus in Suport of Plaintiff's Motion for Substitution, # 3 Exhibit A, # 4 Proposed Order) (Kappus, Carmel) (Entered: 03/10/2022)
2/3/2022Request for Refund of Fees Paid Electronically approved by Michael J. Kramer, Chief Deputy, on 02/3/2022. (Entered: 02/03/2022)
1/18/2022NOTICE by Stephen J. Cuchel PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 25(a)(1) (Keating, Kevin) (Entered: 01/18/2022)
12/14/2021
  • Order
ORDER re 27 : The proposed Protective Order is approved. Ordered by Magistrate Judge Arlene R. Lindsay on 12/14/2021. c/ecf (Imrie, Robert) (Entered: 12/14/2021)
12/13/2021
  • Motion for Protective Order
Proposed MOTION for Protective Order by Jane Doe. (Kappus, Carmel) (Entered: 12/13/2021)
11/16/2021
  • Scheduling Order
SCHEDULING ORDER: A Final Pretrial Conference is scheduled for March 31, 2022 at 12:00 p.m. before Magistrate Judge Arlene R. Lindsay. See the attached Order for details. The November 30, 2021 conference previously scheduled before Judge Tomlinson is canceled. Ordered by Magistrate Judge Arlene R. Lindsay on 11/16/2021. c/ecf (Imrie, Robert) Modified on 3/21/2022 to correct a typographical error(Imrie, Robert). (Entered: 11/16/2021)
11/15/2021Letter to Judge A. Lindsay re previously scheduled conference by Jane Doe (Kappus, Carmel) (Entered: 11/15/2021)
11/12/2021Case reassigned randomly to Magistrate Judge Arlene R. Lindsay. Magistrate Judge A. Kathleen Tomlinson no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Motions referred to Arlene R. Lindsay. (Morabito, Bryan) (Entered: 11/12/2021)
11/4/2021
  • Motionby Π
MOTION for Refund of Fees Paid Electronically by Jane Doe. (Attachments: # 1 Declaration of Lisa Haba, # 2 Exhibit Payment Receipt 11/25/20, # 3 Exhibit Payment Receipt 12/5/20, # 4 Proposed Order) (Haba, Lisa) (Entered: 11/04/2021)
10/21/2021
  • Motion to Withdraw as CounselGranted
ORDER granting 23 Motion to Withdraw as Attorney. Attorney Megan E. McKenzie is withdrawn as counsel for Plaintiff and terminated from representation in this action. So ordered by Magistrate Judge James M. Wicks on 10/21/2021. (Beckham, Joshua) (Entered: 10/21/2021)
10/18/2021
  • Motion to Withdraw as Counselby Π
MOTION to Withdraw as Attorney of Megan E. McKenzie by Jane Doe. (Amanat, Farzin) (Entered: 10/18/2021)
9/20/2021NOTICE of Appearance by Carmel Kappus on behalf of Jane Doe (aty to be noticed) (Kappus, Carmel) (Entered: 09/20/2021)
8/11/2021NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on July 14, 2021, before Magistrate Judge A. Kathleen Tomlinson. Transcriber Tracy Gribben Transcription, LLC, Telephone number 732-263-0044. Email address: tracy@tgribbentranscription.com. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/1/2021. Redacted Transcript Deadline set for 9/13/2021. Release of Transcript Restriction set for 11/9/2021. (Rodin, Deanna) (Entered: 08/11/2021)
7/26/2021NOTICE of Appearance by Megan Elizabeth McKenzie on behalf of Jane Doe (aty to be noticed) (McKenzie, Megan) (Entered: 07/26/2021)
7/14/2021INITIAL CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/14/2021. (Wolf, Deanna) (Entered: 07/14/2021)
7/14/2021
  • Order
Minute Order for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Initial Conference held on 7/14/2021. The Discovery Status Conference will be held on November 30, 2021 at 11:30 a.m. in Courtroom 840. The Initial Case Management and Scheduling Order is being entered separately. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. (Wolf, Deanna) (Entered: 07/14/2021)
7/14/2021Proposed Scheduling Order re Discovery Plan and Case Management by Stephen J. Cuchel (Keating, Kevin) (Entered: 07/14/2021)
7/13/2021
  • Scheduling Order
SCHEDULING ORDER. The Initial Conference on July 14, 2021 at 11:30 a.m. will be conducted by video utilizing Cisco Webex. The link to access the Conference is in the attached Order. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/13/2021. (Wolf, Deanna) (Entered: 07/13/2021)
6/8/2021INITIAL CONFERENCE SCHEDULING ORDER. Initial Conference set for July 14, 2021 at 11:30 a.m. before Magistrate Judge A. Kathleen Tomlinson. No later than two business days before the Initial Conference, counsel for the parties must submit, by means of electronic filing on the Court's ECF system, a Joint Proposed Discovery Plan. SEE ATTACHED ORDER for additional details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/8/2021. (Wolf, Deanna) (Entered: 06/08/2021)
6/2/2021
  • Motion for Protective OrderGranted
ORDER granting 2 Motion for Protective Order - WHEREFORE, it is hereby ORDERED and DECREED, as follows: 1. For good cause shown, Plaintiff is granted leave to file and pursue this matter under the pseudonym of Jane Doe. 2. Given that the Complaint reveals highly sensitive and personal details, the Court finds that Doe's interest in protecting her identity from disclosure over weighs and public interest in judicial transparency. Taking the allegations of the Complaint as true for purposes of this motion, the Court also finds that identification of Doe's real name in connection with this suit poses a risk of retaliatory physical or mental harm, and other sever harms warranting pseudonymity. 3. In any documents filed on the public docket of this case, Plaintiff's real name shall be redacted and replaced with the pseudonym Jane Doe. The parties are directed and granted leave to submit, under seal and in camera, any documents necessary to the adjudication of this matter containing Plaintiff's real name or that tend to identify her. (See Order for further details) SO Ordered by Judge Gary R. Brown on 6/2/2021. (Tirado, Chelsea) (Entered: 06/02/2021)
5/12/2021
  • Motion to Appear Pro Hac ViceGranted
ORDER granting 9 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF. Registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that electronic notification of activity in this case is received. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/12/2021. (Wolf, Deanna) (Entered: 05/12/2021)
4/9/2021NOTICE of Change of Address for DiCello Levitt Gutzler , attorneys F. Franklin Amanat and Greg G. Gutzler Once the filing has been made, you must login to www.pacer.gov and update your account. (Amanat, Farzin) (Entered: 04/09/2021)
2/17/2021Letter to Magistrate Judge Tomlinson respectfully requesting, jointly with the defendant, that the Court schedule an initial conference pursuant to Rule 16(b) so that the parties can proceed to discovery. Respectfully submitted by Jane Doe (Amanat, Farzin) (Entered: 02/17/2021)
1/18/2021Letter in partial opposition by Stephen J. Cuchel (Keating, Kevin) (Entered: 01/18/2021)
12/17/2020Email Notification Test - DO NOT REPLY (Levine, Evelyn) (Entered: 12/17/2020)
12/11/2020WAIVER OF SERVICE Returned Executed by Jane Doe. Stephen J. Cuchel waiver sent on 11/6/2020, answer due 1/5/2021. (Amanat, Farzin) (Entered: 12/11/2020)
12/5/2020
  • Motion to Appear Pro Hac Viceby Π
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13790018. by Jane Doe. (Attachments: # 1 Affidavit in Support, # 2 Notice of Motion, # 3 Exhibit Certificate of Good Standing) (Haba, Lisa) (Entered: 12/05/2020)
11/25/2020
  • Answer
ANSWER to 1 Complaint by Stephen J. Cuchel. (Keating, Kevin) (Entered: 11/25/2020)
11/9/2020Case Assigned to Judge Gary R. Brown and Magistrate Judge A. Kathleen Tomlinson. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Motions referred to A. Kathleen Tomlinson. (Landow, Concetta) (Entered: 11/09/2020)
11/9/2020This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) (Entered: 11/09/2020)
11/9/2020NOTICE of Appearance by Kevin James Keating on behalf of Stephen J. Cuchel (aty to be noticed) (Keating, Kevin) (Entered: 11/09/2020)
11/6/2020
  • Motionby Π
REQUEST FOR WAIVER of Service sent to Defendant Stephen J. Cuchel on 11/06/2020 by JANE DOE. Waiver of Service due by 12/7/2020. (Amanat, Farzin) (Entered: 11/06/2020)
11/6/2020Proposed Summons. Re 1 Complaint by JANE DOE (Amanat, Farzin) (Entered: 11/06/2020)
11/6/2020DECLARATION re 2 MOTION for Protective Order and for Leave to Proceed Under a Pseudonym. Defendant consents. Respectfully subnmitted by JANE DOE (Amanat, Farzin) (Entered: 11/06/2020)
11/6/2020
  • Motion for Protective Orderby Π
MOTION for Protective Order and for Leave to Proceed Under a Pseudonym. Defendant consents. Respectfully subnmitted by JANE DOE. (Attachments: # 1 Notice of Motion, # 2 Declaration of Jane Doe (Redacted), # 3 Declaration of Greg G. Gutzler, # 4 Proposed Order) (Amanat, Farzin) (Entered: 11/06/2020)
11/6/2020
  • Complaint
COMPLAINT against Stephen J. Cuchel $ 400 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Jane Doe. (Attachments: # 1 Civil Cover Sheet) (Amanat, Farzin) Modified on 11/9/2020 (Landow, Concetta). (Entered: 11/06/2020)