Judge 
Party 
Law Firm Abdulrazak v. Moscowitz
1:18-cv-06454 | New York Southern District Court
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Division
Foley Square
Judge
Paul A. Engelmayer
Filed
July 17, 2018
Terminated
Oct. 22, 2019
Last Updated: 4 years, 5 months ago
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| Filing Date | # | Docket Text |
|---|---|---|
| 10/28/2019 | Case Remanded Out - State Court | |
| 10/22/2019 | CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of Westchester. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 22 1002 932 7 on 10/28/2019. (jwh) (Entered: 10/28/2019) | |
| 10/22/2019 | 45 | MEMO ENDORSEMENT granting (44) Motion to Remand to State Court in case 1:18-cv-06454-PAE. ENDORSEMENT: Granted. (Signed by Judge Paul A. Engelmayer on 10/22/2019) Filed In Associated Cases: 1:18-cv-06454-PAE, 1:18-cv-12006-PAE (jwh) Transmission to Docket Assistant Clerk for processing. (Entered: 10/22/2019) |
| 10/21/2019 | 44 | FIRST MOTION to Remand to State Court of New York, County of Westchester. Document filed by Daryl Moscowitz, Marc Moscowitz. (Attachments: # 1 Exhibit Pleadings, # 2 Exhibit Pleadings, # 3 Exhibit Pleadings, # 4 Exhibit Police Accident Report, # 5 Affidavit Affidavit of Service)(Toker, Matthew) (Entered: 10/21/2019) |
| 10/7/2019 | 43 | MEMO ENDORSEMENT on re: (42 in 1:18-cv-06454-PAE) Letter filed by Abdul K. Abdul Razak. ENDORSEMENT: The Court appreciates the update. The Court would be receptive to a motion, if made by all parties to the case, to remand to state court, which would enable the claims in this case to be tried alongside those in Westchester Supreme Court. In the interest of economy, the Court directs that any such motion be made by October 21, 2019, and tasks the counsel above with responsibility for preparing and obtaining consent for such a motion. In the event no such agreed-upon motion is submitted, a status letter is due the same day as to the status of the Dubache suit and discussions regarding plaintiff Laborda's recent surgery and IMEs. (Motions due by 10/21/2019.) (Signed by Judge Paul A. Engelmayer on 10/7/2019) (jwh) (Entered: 10/07/2019) |
| 10/5/2019 | 42 | FIRST LETTER addressed to Judge Paul A. Engelmayer from joint letter dated 10/5/1019 re: update. Document filed by Abdul K. Abdul Razak.(Bains, Tejinder) (Entered: 10/05/2019) |
| 9/9/2019 | 41 | MEMO ENDORSEMENT on re: (38 in 1:18-cv-06454-PAE; 21 in 1:18-cv-12006-PAE) Letter filed by Abdul K. Abdul Razak. ENDORSEMENT: The Court appreciates this update and looks forward to seeing counsel on September 11, 2019 at 2:30 p.m., pursuant to Dkt. 40. (Signed by Judge Paul A. Engelmayer on 9/9/2019) Filed In Associated Cases: 1:18-cv-06454-PAE, 1:18-cv-12006-PAE(jwh) (Entered: 09/09/2019) |
| 9/6/2019 | 40 | ORDER granting (19) Letter Motion for Extension of Time to Complete Discovery in case 1:18-cv-12006-PAE: At today's conference, counsel for plaintiffs Alicia Laborda and Patricio Laborda appeared and accounted for their failure to appear at the September 4, 2019 case management conference. Regrettably, counsel for defendant Abdul Abdul Razak in Docket 18 Civ. 12006 failed, for the second time this week, to appear. At today's conference, the Court ordered the following: 1. The deadline for the neurological IME of plaintiff Alicia Laborda is extended until September 30, 2019. 2. Counsel for defendant Abdul Razak in Docket 18 Civ. 12006 is to file a sworn declaration on the docket of this case no later than September 10, 2019, accounting for his failure to appear for the conferences on September 4 and September 6, 2019. Counsel is also ordered to appear before the Court on September 11, 2019 at 2:30 p.m. to address the subject. The Court is considering whether sanctions, including for contempt, are warranted. The Clerk of the Court is directed to terminate the motion pending at 18-cv-12006, Dkt. 19. (Signed by Judge Paul A. Engelmayer on 9/6/2019) Filed In Associated Cases: 1:18-cv-06454-PAE, 1:18-cv-12006-PAE (jwh) (Entered: 09/09/2019) |
| 9/6/2019 | 39 | MEMO ENDORSEMENT on re: (20 in 1:18-cv-12006-PAE) Letter filed by Patricio Laborda, Alicia Laborda. ENDORSEMENT: The Court appreciates plaintiffs counsel contacting defense counsel and the update. (Signed by Judge Paul A. Engelmayer on 9/6/2019) Filed In Associated Cases: 1:18-cv-06454-PAE, 1:18-cv-12006-PAE(jwh) (Entered: 09/09/2019) |
| 9/6/2019 | 38 | FIRST LETTER addressed to Judge Paul A. Engelmayer from Tejinder bains dated 09/06/2019 re: missed confrence. Document filed by Abdul Abdulrazak.(Bains, Tejinder) (Entered: 09/06/2019) |
| 9/5/2019 | 37 | MEMO ENDORSEMENT on re: 36 Letter. ENDORSEMENT: The Court appreciates the update and will expect all IMEs to be completed by September 12, 2019. (Signed by Judge Paul A. Engelmayer on 9/5/2019) (jwh) (Entered: 09/05/2019) |
| 9/4/2019 | 36 | SEVENTH LETTER addressed to Judge Paul A. Engelmayer from Matthew I. Toker dated September 4, 2019 re: Experts and IMEs. Document filed by Daryl Moscowitz, Marc Moscowitz.(Toker, Matthew) (Entered: 09/04/2019) |
| 9/3/2019 | Minute Entry for proceedings held before Judge Paul A. Engelmayer: Case Management Conference held on 9/3/2019. Kyle Newman present for Plaintiff. Paul Fino, Kathleen Giannetta & Matthew Toker present for Defendants. Court reporter present. Associated Cases: 1:18-cv-06454-PAE, 1:18-cv-12006-PAE(ajs) (Entered: 09/04/2019) | |
| 9/3/2019 | 35 | ORDER: Based on the Court's understanding that all parties so consent, all claims against Financial Services Vehicle Trust, including cross claims, are dismissed. As to 18-cv-12006, counsel for the plaintiffs, Alicia Laborda and Patricio Laborda, and counsel for defendant Abdul Abdul Razak are ordered to appear before the Court on September 6, 2019 at 9 a.m. to explain their unexcused absence from today's long-scheduled conference. Counsel's absence prevented today's conference from being useful and wasted the Court's and co-counsels' time. If counsel for the plaintiffs does not appear at this conference, then 18-cv-12006 will be dismissed with prejudice. As to 18-cv-6454, the deadline for expert discovery is extended until September 10, 2019, solely for the purpose of enabling defendants Marc and Daryl Moscowitz to obtain a report from their liability expert. Plaintiff Abdul Abdul Razak will then have until September 24, 2019 to conduct a deposition of defendants' liability expert. No later than October 8, 2019, the parties must file a joint letter with the Court advising the Court of the status of both actions. This letter should reflect the views of all parties remaining in the case. (Deposition due by 9/24/2019. Expert Discovery due by 9/10/2019.) Financial Services Vehicle Trust and Financial Services Vehicle Trust terminated. (Signed by Judge Paul A. Engelmayer on 9/3/2019) (ne) (Entered: 09/04/2019) |
| 6/27/2019 | 34 | MEMO ENDORSEMENT on re: 33 Letter filed by Marc Moscowitz, Daryl Moscowitz. ENDORSEMENT: Granted. The parties should not expect further extensions of this deadline. The case management conference currently scheduled for July 31, 2019 is hereby adjourned to Tuesday, September 3, 2019 at 3:30 p.m. SO ORDERED. (Case Management Conference set for 9/3/2019 at 03:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 6/26/2019) (anc) (Entered: 06/27/2019) |
| 6/26/2019 | 33 | FIFTH LETTER addressed to Judge Paul A. Engelmayer from Matthew I. Toker dated June 26, 2019 re: A request for extension of time to complete discovery. Document filed by Daryl Moscowitz, Marc Moscowitz.(Toker, Matthew) (Entered: 06/26/2019) |
| 5/31/2019 | 32 | NOTICE OF APPEARANCE by Shelly Klausner Werbel on behalf of Daryl Moscowitz, Marc Moscowitz. (Attachments: # 1 Affidavit Affidavit of Service)(Werbel, Shelly) (Entered: 05/31/2019) |
| 5/22/2019 | 31 | CASE MANAGEMENT PLAN: All Parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried by a jury. Deposition due by 6/17/2019. Fact Discovery due by 6/28/2019. Expert Discovery due by 8/12/2019. Case Management Conference set for 7/31/2019 at 02:30 PM before Judge Paul A. Engelmayer. Counsel for the parties have conferred and their present best estimate of the length of trial is: 5-7 days. The Plan has been reviewed by the Court and, except as modified, is adopted as the Scheduling Order of this Court in accordance with Fed. R. Civ. P. 16(b). The next Case Management Conference is scheduled for July 31, 2019 at 2:30 p.m. This ORDER may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein (except as noted in paragraph 6) shall be made in a written application in accordance with paragraph I.E of the Court's Individual Rules and Practices and shall be made no less than two (2) business days prior to the expiration of the date sought to be extended. (Signed by Judge Paul A. Engelmayer on 5/22/2019) Filed In Associated Cases: 1:18-cv-06454-PAE, 1:18-cv-12006-PAE(mro) (Entered: 05/22/2019) |
| 5/22/2019 | 30 | MEMO ENDORSEMENT granting (29) Letter Motion to Consolidate Cases in case 1:18-cv-06454-PAE. ENDORSEMENT: Granted. These cases shall be consolidated with 18cv6454 as the lead case. All filings should henceforth be made in 18cv6454. (Signed by Judge Paul A. Engelmayer on 5/22/2019) Filed In Associated Cases: 1:18-cv-06454-PAE, 1:18-cv-12006-PAE (mro) (Entered: 05/22/2019) |
| 5/17/2019 | 29 | FIRST MOTION to Consolidate Cases 18-cv-12006 . Document filed by Daryl Moscowitz, Marc Moscowitz. (Attachments: # 1 Exhibit Case Management Plan, # 2 Exhibit Pleadings, # 3 Exhibit Pleadings, # 4 Affidavit Affidavit of Service)(Toker, Matthew) (Entered: 05/17/2019) |
| 5/17/2019 | 28 | PROPOSED CASE MANAGEMENT PLAN. Document filed by Daryl Moscowitz, Marc Moscowitz. (Toker, Matthew) (Entered: 05/17/2019) |
| 5/17/2019 | 27 | FOURTH LETTER addressed to Judge Paul A. Engelmayer from Matthew I. Toker dated May 17, 2019 re: Revised Case Management Plan and motion for joint discovery. Document filed by Daryl Moscowitz, Marc Moscowitz.(Toker, Matthew) (Entered: 05/17/2019) |
| 4/23/2019 | 26 | ORDER. On April 12, 2019, Financial Services Vehicle Trust filed an answer in 18 Civ. 12006. Dkt. 12. The parties have not filed a motion to consolidate. The Court nevertheless intends to consolidate discovery and directs the parties in both 18 Civ. 6454 and 18 Civ. 12006 to file a consolidated case management plan, in accordance with this Court's individual rules, that contemplates the close of fact discovery on June 28, 2019. This deadline will not be modified. The parties should file the joint case management plan on the docket of both cases and it is due April 29, 2019. The Court further notes that all parties in 18 Civ. 12006 except defendant Abdul K. Abdul Razak have stipulated to the discontinuance of claims against defendant Financial Services Vehicle Trust. See Dkt. 13. Abdul Razak had previously filed a crossclaim against Financial Services Vehicle Trust. See Dkt. 7 (Answer). Financial Services Vehicle Trust has not yet answered that crossclaim and under the Federal Rules it has 21 days after being served with the answer that states the crossclaim. See Fed. R. Civ. P. 12(a)(1)(B). As Financial Services Vehicle Trust had not yet appeared at the time Abdul Razak filed his answer, and Abdul Razak has not filed an affidavit of service, the Court has no information as to when the Rule 12 clock began for Financial Services Vehicle Trust to answer Abdul Razak's crossclaim. In light of the pending crossclaim, the Court orders the parties in 18 Civ. 12006 to file a joint letter on the docket setting forth their positions as to the status of Financial Services Vehicle Trust in this case given the discontinuance of the plaintiffs' claims against it and Abdul Razak's pending crossclaim, due April 26, 2019. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/23/2019) (rjm) (Entered: 04/24/2019) |
| 3/28/2019 | 25 | MEMO ENDORSEMENT on re: (24 in 1:18-cv-06454-PAE) Letter revised Case Management Plan, filed by Marc Moscowitz, Daryl Moscowitz. ENDORSEMENT: The Court appreciates this update. Although the Court understands that the case management plan at Dkt. 23 was discussed by the parties in both 18cv6454 and 18cv12006, it formally includes only those parties in 18cv6454 and their attorneys. This letter informs the Court that defendant Financial Services Vehicle Trust's time to answer in l8cv12006 has been extended by stipulation, but the Court has not received or approved such stipulation, and no affidavit of service as to Financial Services Vehicle Trust has yet been filed. The Court therefore declines to approve the case management plan until the parties in both cases have an opportunity to jointly file such a plan. Accordingly, within one week of Financial Services Vehicle Trust's answer in 18cv12006, the parties in 18cv6454 and 18cv12006 should file any motion to consolidate these cases. If no such motion is agreed upon, the Court still intends to consolidate discovery and will expect identical case management plans in both cases. For the anticipated case management plan, the Court requests that the parties look to the Court's individual rules for the Court's preferred format. So Ordered. (Signed by Judge Paul A. Engelmayer on 3/28/19) (yv) (Entered: 03/28/2019) |
| 3/21/2019 | 24 | THIRD LETTER addressed to Judge Paul A. Engelmayer from Matthew I. Toker dated March 21, 2019 re: Revised letter to Judge re revised Case Management Plan. Document filed by Daryl Moscowitz, Marc Moscowitz.(Toker, Matthew) (Entered: 03/21/2019) |
| 3/20/2019 | 22 | SECOND LETTER addressed to Judge Paul A. Engelmayer from Matthew I. Toker dated March 20, 2019 re: Revised Case Management Plan. Document filed by Daryl Moscowitz, Marc Moscowitz.(Toker, Matthew) (Entered: 03/20/2019) |
| 3/20/2019 | 23 | PROPOSED CASE MANAGEMENT PLAN. Document filed by Daryl Moscowitz, Marc Moscowitz. (Toker, Matthew) (Entered: 03/20/2019) |
| 3/13/2019 | 21 | ORDER: The Court therefore directs the parties in this case to coordinate with the parties in 18 Civ. 12006 to file a revised case management plan that contemplates the close of fact discovery June 3, 2019. The revised case management plan is due Wednesday, March 20, 2019. The Court expects that these cases may be consolidated for all purposes, not merely discovery, and stands ready to entertain any consolidation motion from the parties. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/13/2019) (anc) (Entered: 03/13/2019) |
| 1/30/2019 | 20 | MEMO ENDORSEMENT on re: 19 Letter filed by Marc Moscowitz, Daryl Moscowitz. ENDORSEMENT: The parties need not request the Court's permission to adjourn a deposition. If the parties seek to modify the case management plan, with fact discovery currently due to close on May 3, 2019, Dkt. 16, they are welcome to file a letter on the docket. The Court on January 16, 2019 accepted another recently-filed case, 18 Civ. 12006, as related to this case because it arises from the same collision. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/30/2019) (anc) (Entered: 01/30/2019) |
| 1/29/2019 | 19 | FIRST LETTER addressed to Judge Paul A. Engelmayer from Matthew I. Toker dated January 29, 2019 re: Adjournment of deposition. Document filed by Daryl Moscowitz, Marc Moscowitz.(Toker, Matthew) (Entered: 01/29/2019) |
| 1/29/2019 | 18 | NOTICE OF APPEARANCE by Matthew Isaac Toker on behalf of Daryl Moscowitz, Marc Moscowitz. (Attachments: # 1 Affidavit Affidavit of Service)(Toker, Matthew) (Entered: 01/29/2019) |
| 1/15/2019 | 17 | RESPONSE to Discovery Request.Document filed by Daryl Moscowitz, Marc Moscowitz.(Toker, Matthew) (Entered: 01/15/2019) |
| 9/17/2018 | 16 | MEMO ENDORSEMENT on re: [15] Letter filed by Marc Moscowitz, Daryl Moscowitz. ENDORSEMENT: The Court appreciates this update and adopts the parties' proposed case management plan. SO ORDERED. (Expert Discovery due by 6/3/2019. Fact Discovery due by 5/3/2019. Motions due by 8/3/2019.) (Signed by Judge Paul A. Engelmayer on 9/17/2018) (anc) |
| 9/14/2018 | 15 | SECOND LETTER addressed to Judge Paul A. Engelmayer from Paul A. Fino, Jr. dated September 14, 2018 re: Proposed Case Management Plan. Document filed by Daryl Moscowitz, Marc Moscowitz.(Fino, Paul) |
| 9/7/2018 | 14 | ORDER: The parties are directed to submit a case management plan by next Friday, September 14, 2018 that contemplates the close of fact discovery on May 3, 2019, and the close of expert discovery four weeks later. A case management conference is scheduled for June 6, 2019 at 10:30 a.m. SO ORDERED. (Fact Discovery due by 5/3/2019. Case Management Conference set for 6/6/2019 at 10:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 9/6/2018) (anc) |
| 9/7/2018 | 13 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Ona T. Wang. Plaintiff's counsel is to contact the Magistrate Judge's Chambers to schedule a settlement conference when both parties are ready. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/6/2018) (anc) |
| 9/6/2018 | Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 9/6/2018. Kyle Newman present for Plaintiff. Paul Fino present for Defendants. (ajs) | |
| 9/6/2018 | 12 | NOTICE OF APPEARANCE by Kyle Gordon Newman on behalf of Abdul Abdulrazak. (Newman, Kyle) |
| 9/6/2018 | 11 | NOTICE OF APPEARANCE by James Newman, Sr on behalf of Abdul Abdulrazak. (Newman, James) |
| 9/4/2018 | 10 | FIRST LETTER addressed to Judge Paul A. Engelmayer from Paul A. Fino, Jr. dated August 31, 2018 re: Notice of Pre-Trial Conference. Document filed by Daryl Moscowitz, Marc Moscowitz.(Fino, Paul) |
| 8/8/2018 | 9 | NOTICE of Notice of Initial Pretrial Conference. Document filed by Daryl Moscowitz, Marc Moscowitz. (Attachments: # 1 Affidavit Affidavit of Service)(Fino, Paul) |
| 8/8/2018 | 8 | NOTICE OF APPEARANCE by Paul Albert Fino on behalf of Daryl Moscowitz, Marc Moscowitz. (Attachments: # 1 Affidavit Affidavit of Service)(Fino, Paul) |
