Doe v. Roe

1:22-cv-08779 | New York Southern 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 Foley Square
Judge Judge Dale E. Ho
Filed Oct. 14, 2022
Case Flags ECF
Nature of Suit 360 Personal Injury - Other
Cause 28:1332 Diversity Action
Demand $75,000
Jury Demand Plaintiff
The docket is incomplete. Sign up for verified information.
Filing Date # Docket Text
11/20/2023 ORDER OF DISMISSAL: The Court having been advised at ECF No. 33 that all claims asserted herein have been settled in principle, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without pr ejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed therea fter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submi t the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per the Court's Individual Rule No. 7, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are canceled. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Dale E. Ho on 11/20/2023) (ks)
11/3/2023 NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Practices, which are available at https://nysd.uscourts.gov/hon-dale-e-ho. Unless and until the Cour t orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Additionally, by November 17, 2023, Plaintiff is hereby ORDERED to file on ECF a letter updating the Court on the statu s of the case. The letter shall address (1) whether this case has settled or otherwise been terminated, (2) whether there have been any communications with the Defendant(s), and (3) whether Plaintiff intends to move for default judgment or to voluntarily dismiss this case. The letter shall specifically update the Court on efforts that have been made to date to effectuate service on Defendant. SO ORDERED. (Signed by Judge Dale E Ho on 11/3/2023) (ks)
7/28/2023Order on Motion to Withdraw as Attorney
7/26/2023Declaration in Support of Motion
7/26/2023Withdraw as Attorney
6/13/2023Order on Motion to Withdraw as Attorney
6/9/2023Declaration in Support of Motion
6/9/2023Withdraw as Attorney
4/26/2023ORDER: granting 24 Letter Motion to Adjourn Conference. The Application is Granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/26/2023) (ama)
4/21/2023Adjourn Conference
12/29/2022 ORDER granting 22 Letter Motion to Adjourn Conference. The application is GRANTED. The conference currently scheduled for February 2, 2023, is adjourned to May 4, 2023, at 10:00 a.m. Initial Conference set for 5/4/2023 at 10:00 AM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 12/29/2022) (ate)
12/22/2022Adjourn Conference
12/2/2022 MEMO ENDORSEMENT on re: 20 Letter filed by Jane Doe ENDORSEMENT: In an October 18, 2022 order, this Court directed Plaintiff to make a submission explaining "how [Plaintiff] plan[ned] to serve Defendant while maintaining his anonymity...." (Dkt. No. 10) In response, Plaintiff represented that "Defendant's anonymity [could] be maintained by serving him... through Japan's Ministry of Foreign Affairs," because Plaintiff would "work with a process server... with whom Plaintiff [would] have a confidentiality agreement [] to serve the complaint, summons, and motion to proceed under a pseudonym...." (Supp. Subm. (Dkt. No. 13) at 6, 8) Contrary to Plaintiff's prior representation, Plaintiff now states that it will be necessary to disclose Defendant's name and address to effectuate service in Japan pursuant to the Hague Convention. (Nov. 22, 2022 Pltf. Ltr. (Dkt. No. 20) at 2) This Court had assumed as much, and for that reasonissued the October 18, 2022 order asking how Defendant's anonymity could be maintained for purposes of service. In any event, Plaintiff may disclose Defendant's identity and address as necessary to effectuate service. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/2/2022) (ks) (Entered: 12/02/2022)
11/22/2022 LETTER addressed to Judge Paul G. Gardephe from Roberta A. Kaplan, dated November 22, 2022 re: clarification of an issue regarding service of Defendant in Japan pursuant to the Hague Convention. Document filed by Jane Doe..(Kaplan, Roberta) (Entered: 11/22/2022)
11/2/2022NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 2/2/2023 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/2/2022) (ks) (Entered: 11/02/2022)
11/1/2022ELECTRONIC SUMMONS ISSUED as to John Roe..(jgo) (Entered: 11/01/2022)
10/28/2022 ORDER granting 6 Letter Motion to Seal. Plaintiff's request to seal the exhibit (Dkt. No. 7-1) is granted because the document involves information pertaining to Plaintiff's medical treatment. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 10/28/2022) (ks) (Entered: 10/28/2022)
10/28/2022Transmission to the Civil Case Openings Clerk. Transmitted re: 15 Order on Motion for Protective Order,,, to the Civil Case Openings Clerk for case processing..(ama) (Entered: 10/28/2022)
10/28/2022 ORDER FOR ADMISSION PRO HAC VICE granting 14 Motion to Appear Pro Hac Vice. The motion of Jacqueline K. Sahlberg for admission to practice Pro Hac Vice in the above-captioned action is granted. As further set forth by this Order. (Signed by Judge Paul G. Gardephe on 10/28/2022) (tg) (Entered: 10/28/2022)
10/28/2022ORDER: granting 4 Motion for Protective Order. IT IS HEREBY ORDERED THAT Plaintiff's Motion for Leave to Proceed Under Pseudonym and for a Protective Order is GRANTED, and thus Plaintiff and Defendant may proceed under pseudonyms in this action; IT IS FURTHER ORDERED THAT Plaintiff and Defendant are each barred from disclosing the other's identity. The Clerk of Court is directed to issue the summons as to Defendant Roe. SO ORDERED.Please visit the Court's Website at www.nysd.uscourts.gov for Sealed Records Filing Instructions. (Signed by Judge Paul G. Gardephe on 10/28/2022) (ama) Modified on 10/28/2022 (ama). (Entered: 10/28/2022)
10/27/2022>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Jacqueline K. Sahlberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26875357. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac) (Entered: 10/27/2022)
10/26/2022 MOTION for Jacqueline K. Sahlberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26875357. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jane Doe. (Attachments: # 1 Affidavit of Jacqueline K. Sahlberg, # 2 Exhibit - Certificates of Good Standing, # 3 Text of Proposed Order for Admission Pro Hac Vice).(Sahlberg, Jacqueline) (Entered: 10/26/2022)
10/25/2022SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 4 MOTION for Protective Order / Motion for Leave to Proceed Under a Pseudonym and for a Protective Order. . Document filed by Jane Doe. (Attachments: # 1 Appendix A - Sealed/Redacted Summonses).(Kaplan, Roberta) (Entered: 10/25/2022)
10/25/2022NOTICE OF APPEARANCE by Molly Webster on behalf of Jane Doe..(Webster, Molly) (Entered: 10/25/2022)
10/25/2022NOTICE OF APPEARANCE by Julie Eden Fink on behalf of Jane Doe..(Fink, Julie) (Entered: 10/25/2022)
10/18/2022 ORDER: Accordingly, if Plaintiff proposes to proceed anonymously as to both Plaintiff and Defendant, Plaintiff must expand her motion to provide justification and legal authority as to both parties. Any such motion is to be filed by Tuesday, October 25, 2022. In that motion, Plaintiff is directed to address how she plans to serve Defendant while maintaining his anonymity, in the event that this Court grants her request for both parties to remain anonymous. ( Motions due by 10/25/2022.) (Signed by Judge Paul G. Gardephe on 10/18/2022) (ate) (Entered: 10/18/2022)
10/18/2022***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Roberta Ann Kaplan to Document No. 9 Request for Issuance of Summons. The filing is deficient for the following reason(s): The Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time. (pc) (Entered: 10/18/2022)
10/17/2022Case Designated ECF. (pc) (Entered: 10/17/2022)
10/17/2022***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Roberta Ann Kaplan to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): The Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time.(pc) Modified on 10/18/2022 (gp). (Entered: 10/17/2022)
10/17/2022Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) (Entered: 10/17/2022)
10/17/2022 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to John Roe, re: 1 Complaint. Document filed by Jane Doe..(Kaplan, Roberta) Modified on 10/18/2022 (pc). (Entered: 10/17/2022)
10/17/2022***SELECTED PARTIES***DECLARATION of Roberta A. Kaplan in Support re: 4 MOTION for Protective Order / Motion for Leave to Proceed Under a Pseudonym and for a Protective Order.. Document filed by Jane Doe, John Roe. (Attachments: # 1 Exhibit A - Therapist Letter)Motion or Order to File Under Seal: 6 .(Kaplan, Roberta) (Entered: 10/17/2022)
10/17/2022DECLARATION of Roberta A. Kaplan in Support re: 4 MOTION for Protective Order / Motion for Leave to Proceed Under a Pseudonym and for a Protective Order.. Document filed by Jane Doe. (Attachments: # 1 Exhibit A - Therapist Letter).(Kaplan, Roberta) (Entered: 10/17/2022)
10/17/2022 LETTER MOTION to Seal addressed to Judge Paul G. Gardephe from Roberta A. Kaplan dated October 17, 2022. Document filed by Jane Doe..(Kaplan, Roberta) (Entered: 10/17/2022)
10/17/2022 MEMORANDUM OF LAW in Support re: 4 MOTION for Protective Order / Motion for Leave to Proceed Under a Pseudonym and for a Protective Order. . Document filed by Jane Doe..(Kaplan, Roberta) (Entered: 10/17/2022)
10/17/2022 MOTION for Protective Order / Motion for Leave to Proceed Under a Pseudonym and for a Protective Order. Document filed by Jane Doe. (Attachments: # 1 Text of Proposed Order granting Plaintiff's Motion for Leave to Proceed Under a Pseudonym and for a Protective Order).(Kaplan, Roberta) (Entered: 10/17/2022)
10/17/2022CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) (Entered: 10/17/2022)
10/14/2022REQUEST FOR ISSUANCE OF SUMMONS as to John Roe, re: 1 Complaint. Document filed by Jane Doe..(Kaplan, Roberta) Modified on 10/17/2022 (pc). Modified on 11/1/2022 (jgo). (Entered: 10/14/2022)
10/14/2022CIVIL COVER SHEET filed..(Kaplan, Roberta) (Entered: 10/14/2022)
10/14/2022COMPLAINT against John Roe. (Filing Fee $ 402.00, Receipt Number ANYSDC-26820101)Document filed by Jane Doe..(Kaplan, Roberta) (Entered: 10/14/2022)