Walker v. United States of America

1:18-cv-02829 | New York Eastern District Court

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Division Brooklyn
Judge Judge Rachel P. Kovner
Filed May 11, 2018
Case Flags ACO
Magistrate Chief Magistrate Cheryl L. Pollak
Nature of Suit 350 Motor Vehicle
Cause 28:1346 Tort Claim
Demand $1,000,000
Jury Demand Plaintiff
Last Updated: 2 years, 1 month ago Show Interactive Timeline
Filing Date # Docket Text
3/22/2022
  • Order
Order of Settlement, ~Util - Terminate Civil Case
3/11/2022Consent to Jurisdiction by US Magistrate Judge
3/11/2022Case No Longer Referred
3/9/2022Settlement Agreement
3/9/2022Stipulation of Dismissal
3/4/2022Consent to Jurisdiction by US Magistrate Judge
3/4/2022Consent to Jurisdiction by US Magistrate Judge
2/18/2022Settlement Conference, ~Util - Set Deadlines
2/9/20221 - Terminate Hearings, ~Util - Set Hearings
12/21/2021Status Conference, ~Util - Set Hearings
12/10/20211 - Terminate Hearings, Scheduling Order
10/1/2021MINUTE ENTRY for Status Conference proceeding held before Chief Magistrate Judge Cheryl Pollak on 9/30/2021. Appearance for plaintiff: Paul Marber. Appearance for defendant: Kevan Cleary. Conference held. Status Conference set for 12/15/2021 @ 3:15 PM. Conference will proceed via AT&T conference call. Please dial 877-336-1839 at 3:15 PM. Enter Access code: 380-1746 and security code: 18-2829. (Caggiano, Diana) (Entered: 10/01/2021)
9/28/2021
  • Scheduling Order
ELECTRONIC SCHEDULING ORDER: The Status Conference previously set for 9/29/2021 is adjourned to 9/30/2021 at 11:45 AM. The conference will proceed via AT&T conference call. Please dial 877-336-1839 at 11:45 AM. Enter access code: 380-1746 and security code: 18-2829. So Ordered by Chief Magistrate Cheryl L. Pollak on 9/28/2021. (Nordstrom, Britta) (Entered: 09/28/2021)
8/10/2021
  • Motion for Protective OrderPartial
ORDER granting in part and denying in part 21 Motion for Protective Order. The Court denies proposed restrictions 1, 2, 3, 4, and 9. However, the Court grants a limited protective order consisting only of proposed restrictions 5, 6, 7, and 8. Restriction 5 is modified so that plaintiff's counsel must alert the witnesses that their participation is voluntary prior to beginning any interviews. The Court sets a conference for 9/29/2021 at 9:45 a.m. The conference will proceed via AT&T conference call. Please dial 877-336-1839 at 9:45 a.m. Enter access code: 380-1746 and security code: 18-2829. So Ordered by Chief Magistrate Cheryl L. Pollak on 8/10/2021. (Bayer, Sarah) (Entered: 08/10/2021)
1/8/2021
  • Scheduling Order
ELECTRONIC SCHEDULING ORDER: The conference previously set for 1/15/2021 is adjourned sine die pending resolution of 21 . So Ordered by Chief Magistrate Cheryl L. Pollak on 1/8/2021. (Bayer, Sarah) (Entered: 01/08/2021)
12/9/2020
  • Motion for Protective Order
REPLY in Opposition re 21 First MOTION for Protective Order filed by Brenda Walker. (Marber, Paul) (Entered: 12/09/2020)
11/30/2020
  • Motion for Protective Order
First MOTION for Protective Order by United States of America. (Cleary, Kevan) (Entered: 11/30/2020)
11/20/2020
  • Order
ELECTRONIC ORDER re. 20 : Defendant's response is due by 11/30/2020. So Ordered by Chief Magistrate Cheryl L. Pollak on 11/20/2020. (Bayer, Sarah) (Entered: 11/20/2020)
11/19/2020Letter Requesting Conference by Brenda Walker (Marber, Paul) (Entered: 11/19/2020)
10/28/2020MINUTE ENTRY for Status Conference proceeding held before Chief Magistrate Judge Cheryl Pollak on 10/27/2020. Appearance for plaintiff: Paul Marber. Appearance for defendant: Kevan Cleary. Government to provide last known addresses of witnesses. Status Conference set for 1/15/2021 @ 10:45 AM. Conference will proceed via AT&T conference call. Please dial 877-336-1839 at 10:45 AM. Enter Access code: 380-1746 and security code: 18-2829 (Caggiano, Diana) (Entered: 10/28/2020)
10/19/2020
  • Scheduling Order
ELECTRONIC SCHEDULING ORDER: The telephone conference previously scheduled for 10/21/2020 before Chief Magistrate Judge Cheryl Pollak has been rescheduled to 10/27/2020 @ 3:15 PM. Please dial 877-336-1839 at 3:15 PM. Enter Access code: 380-1746 and security code: 18-2829. So Ordered by Chief Magistrate Cheryl L. Pollak on 10/19/2020. (Caggiano, Diana) (Entered: 10/19/2020)
8/10/2020
  • Motion to Withdraw as CounselGranted
ELECTRONIC ORDER granting 19 Motion to Withdraw as Attorney. Attorney Evan Pays Lestelle terminated from the matter. So Ordered by Chief Magistrate Cheryl L. Pollak on 8/10/2020. (Phillips, Lauren) (Entered: 08/10/2020)
8/10/2020
  • Motion to Withdraw as Counsel
MOTION to Withdraw as Attorney by United States of America. (Attachments: # 1 Declaration of Evan P. Lestelle) (Lestelle, Evan) (Entered: 08/10/2020)
8/10/2020NOTICE of Appearance by Kevan Cleary on behalf of United States of America (aty to be noticed) (Cleary, Kevan) (Entered: 08/10/2020)
8/5/2020
  • Scheduling Order
ELECTRONIC SCHEDULING ORDER: A Telephone Conference is set for 10/21/2020 @ 11:15 AM before Chief Magistrate Cheryl L. Pollak. The telephone conference will proceed via AT&T conference call. Please dial 877-336-1839 at 11:15 AM. Enter Access code: 380-1746 and security code: 18-2829. So Ordered by Chief Magistrate Cheryl L. Pollak on 8/5/2020. (Phillips, Lauren) (Entered: 08/05/2020)
8/3/2020STATUS REPORT by Brenda Walker (Marber, Paul) (Entered: 08/03/2020)
6/4/2020MINUTE ENTRY for Telephone Conference proceeding held before Chief Magistrate Judge Cheryl Pollak on 6/3/2020. Appearance for plaintiff: Paul A. Marber. Appearance for defendant: Evan Pays Lestelle. Settlement conference - settlement appears unlikely at this time. Plaintiff is to depose defendant's witnesses and determine whether she will use treating physicians or hire an expert. Status report due 8/3/2020. (Caggiano, Diana) (Entered: 06/04/2020)
4/16/2020MINUTE ENTRY for Telephone Conference proceeding held before Chief Magistrate Judge Cheryl Pollak on 4/16/2020. Appearance for plaintiff: Paul A Marber. Appearance for defendant: Evan Pays Lestelle. Plaintiff to convey settlement demand. Telephone conference set for 6/3/2020 @ 2:45 PM. Telephone conference will proceed via AT&T conference call. Please dial 877-336-1839 at 2:45 PM. Enter Access code: 380-1746 and security code: 18-2829. (Caggiano, Diana) (Entered: 04/16/2020)
4/7/2020
  • Scheduling Order
ELECTRONIC SCHEDULING ORDER: The Settlement Conference previously scheduled for 4/16/2020 at 3:00 p.m. before Chief Magistrate Cheryl L. Pollak will proceed as an AT&T conference call. Please dial 877-336-1839 at 3:00 p.m. Enter Access code: 380-1746 and security code: 18-2829. So Ordered by Chief Magistrate Cheryl L. Pollak on 4/7/2020. (Phillips, Lauren) (Entered: 04/07/2020)
3/11/2020
  • Scheduling Order
ELECTRONIC SCHEDULING ORDER: The Settlement Conference previously scheduled for 3/18/2020 has been adjourned to 4/16/2020 at 3:00 p.m. before Chief Magistrate Cheryl L. Pollak. So Ordered by Chief Magistrate Cheryl L. Pollak on 3/11/2020. (Phillips, Lauren) (Entered: 03/11/2020)
2/28/2020ELECTRONIC NOTICE: The settlement conference previously scheduled for 3/4/2020 before Chief Magistrate Cheryl L. Pollak has been rescheduled to 3/18/2020 @ 3:00 PM. (Caggiano, Diana) (Entered: 02/28/2020)
2/6/2020Case Reassigned to Judge Rachel P. Kovner. Judge Allyne R. Ross 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. (Marziliano, August) (Entered: 02/06/2020)
1/27/2020ELECTRONIC ORDER granting 16 Motion to Adjourn Conference: Settlement Conference is adjourned to 3/4/2020 @ 3:00 PM. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/27/2020. (Caggiano, Diana) (Entered: 01/27/2020)
1/27/2020Consent MOTION to Adjourn Conference by Brenda Walker. (Marber, Paul) (Entered: 01/27/2020)
10/30/2019ENDORSED LETTER ORDER granting 14 Motion to Adjourn Conference. Settlement Conference is adjourned to 1/28/2020 @ 10:00 AM. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/30/2019. (Caggiano, Diana) (Entered: 10/30/2019)
10/29/2019 MOTION to Adjourn Conference and for an extension of the deadline to prepare an IME report by United States of America. (Lestelle, Evan) (Entered: 10/29/2019)
7/24/2019MINUTE ENTRY for Status Conference proceeding held before MJ Pollak on 7/24/2019. Appearance for Plaintiff: Paul A Marber. Appearance for Defendant: Evan Pays Lestelle. Plaintiff to be deposed and appear for IME. Report due by 10/31/2019. Settlement Conference set for 11/13/2019 @ 2:00 PM. (Caggiano, Diana) (Entered: 07/24/2019)
4/4/2019MINUTE ENTRY for Status Conference held before Magistrate Judge Cheryl L. Pollak on 4/4/2019. Appearances: Paul Marber for plaintiff, Evan Lestelle for defendant. Parties to resolve discovery issues or submit letters outlining disputes. Depositions to proceed in July. Status Conference set for 7/24/2019 at 2:00 PM before Magistrate Judge Cheryl L. Pollak. (Graham, Emily) (Entered: 04/04/2019)
2/26/2019ELECTRONIC ORDER granting 13 Motion to Adjourn Conference. Status Conference adjourned to 4/4/2019 at 12:30 PM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/26/2019. (Graham, Emily) (Entered: 02/26/2019)
2/25/2019 MOTION to Adjourn Conference scheduled for March 6, 2019 by United States of America. (Lestelle, Evan) (Entered: 02/25/2019)
1/31/2019
  • Scheduling Order
ELECTRONIC SCHEDULING ORDER: re 12 Status Conference is set for 3/6/2019 @ 11:30 AM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/31/2019. (Caggiano, Diana) (Entered: 01/31/2019)
1/29/2019Letter notifying Court of resumption of appropriations by United States of America (Lestelle, Evan) (Entered: 01/29/2019)
1/2/2019
  • Motion to StayGranted
ELECTRONIC ORDER granting 11 Motion to Stay. The previously scheduled Status Conference is adjourned sine die. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/2/2019. (Zisa, Marie) (Entered: 01/02/2019)
12/31/2018
  • Motion to Stay
MOTION to Stay in Light of Lapse of Appropriations by United States of America. (Lestelle, Evan) (Entered: 12/31/2018)
11/6/2018NOTICE of Appearance by Joseph S. Rosato on behalf of All Plaintiffs (aty to be noticed) (Rosato, Joseph) (Entered: 11/06/2018)
11/5/2018MINUTE ENTRY for Status Conference proceeding held before MJ Pollak on 11/5/2018. Appearance for Plaintiff: Joseph Rosato (no notice of appearance filed counsel was advised to file one by the end of the day). Appearance for Defendant: Evan Pays Lestelle. Subpoenas outstanding. Parties to confirm video issue. Depositions to be completed by end of February Status Conference set for 2/25/2019 @ 10:30 AM. (Caggiano, Diana) (Entered: 11/05/2018)
8/27/2018MINUTE ENTRY for Initial Conference proceeding held before MJ Pollak on 8/27/2018. Appearance for Plaintiff: Paul A Marber. Appearance for Defendant: Evan Pays Lestelle. Parties to exchange written discovery requests if not previously exchanged by 9/7/2018 - responses 10/12/2018. Status Conference set for 11/5/2018 @ 12:30 PM. (Caggiano, Diana) (Entered: 08/27/2018)
7/20/2018NOTICE of Appearance by Evan Pays Lestelle on behalf of United States of America (notification declined or already on case) (Lestelle, Evan) (Entered: 07/20/2018)
7/20/2018
  • Answer
ANSWER to 1 Complaint, by United States of America. (Lestelle, Evan) (Entered: 07/20/2018)
7/20/2018
  • Scheduling Order
SCHEDULING ORDER: An Initial Conference is set for 8/27/2018 @ 10:30 AM before Magistrate Judge Cheryl L. Pollak. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/20/2018. (Caggiano, Diana) (Entered: 07/20/2018)
5/22/2018AFFIDAVIT/AFFIRMATION of Service by Brenda Walker (Marber, Paul) (Entered: 05/22/2018)
5/16/2018This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Williams, Erica) (Entered: 05/16/2018)
5/16/2018In 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: 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. (Williams, Erica) (Entered: 05/16/2018)
5/15/2018Civil Cover Sheet.. by Brenda Walker (Marber, Paul) (Entered: 05/15/2018)
5/15/2018NOTICE - the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to forward a completed Civil Cover Sheet, answering all questions in NY-E Division of Business Rule 50.1(d)(2) section on the second page. (Williams, Erica) (Entered: 05/15/2018)
5/11/2018Summons Issued as to United States of America, U.S. Attorney and U.S. Attorney General (Williams, Erica) (Entered: 05/16/2018)
5/11/2018Case Assigned to Judge Allyne R. Ross and Magistrate Judge Cheryl L. Pollak. 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. (Williams, Erica) (Entered: 05/16/2018)
5/11/2018
  • Complaint
COMPLAINT against defendant USA against All Plaintiffs filing fee $ 400, receipt number 0207-10426700 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Brenda Walker. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Certification of Arbitration Eligibility) (Marber, Paul) (Entered: 05/11/2018)