Doe v. Portnow et al

1:24-cv-00345 | New York Southern District Court

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Division Foley Square
Judge Judge Analisa Torres
Filed Jan. 17, 2024
Case Flags ECF
Nature of Suit 360 Personal Injury - Other
Cause 28:1332nr Diversity: Notice of Removal
Demand $999,000
Jury Demand Defendant
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Filing Date # Docket Text
6/4/2024Letter
6/3/2024Letter
5/17/2024 ORDER: For the foregoing reasons, Defendants' requests to dismiss this action with prejudice are DENIED. The action is DISMISSED without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) and 41(a)(2). The Clerk of Court is directed to terminate all pending motions, vacate all conferences, and close the case. SO ORDERED. (Signed by Judge Analisa Torres on 5/17/2024) (vfr)
4/18/2024Answer to Complaint (Notice of Removal)
4/18/2024Letter
4/11/2024 ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civi l Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 4/11/2024) (va)
4/11/2024 ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to co nducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by May 13, 2024, file a fully executed Notice, Consent, and Reference of a Civil Actio n to a Magistrate Judge form, available at https://nysd.uscomis.gov/node/754 and attached to this order, on the docket. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signe d and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by May 13, 2024, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 4/11/2024) (va)
4/11/2024 ORDER denying 20 Motion to Remand to State Court. For the foregoing reasons, Plaintiff's motion to remand is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 20. SO ORDERED. (Signed by Judge Analisa Torres on 4/11/2024) (va)
3/4/2024 REPLY MEMORANDUM OF LAW in Support re: 20 MOTION to Remand to State Court . . Document filed by JAA Doe..(Shaikh, Nahid) (Entered: 03/04/2024)
3/1/2024NOTICE OF APPEARANCE by Jeffrey Robert Anderson on behalf of JAA Doe..(Anderson, Jeffrey) (Entered: 03/01/2024)
2/26/2024DECLARATION of Ann Meckelborg in Opposition re: 20 MOTION to Remand to State Court .. Document filed by National Academy of Recording Arts & Sciences, Inc...(Bloom, Elise) (Entered: 02/26/2024)
2/26/2024DECLARATION of Elise M. Bloom in Opposition re: 20 MOTION to Remand to State Court .. Document filed by National Academy of Recording Arts & Sciences, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Bloom, Elise) (Entered: 02/26/2024)
2/26/2024 MEMORANDUM OF LAW in Opposition re: 20 MOTION to Remand to State Court . . Document filed by National Academy of Recording Arts & Sciences, Inc...(Bloom, Elise) (Entered: 02/26/2024)
2/12/2024 MEMORANDUM OF LAW in Support re: 20 MOTION to Remand to State Court . . Document filed by JAA Doe..(Shaikh, Nahid) (Entered: 02/12/2024)
2/12/2024 MOTION to Remand to State Court . Document filed by JAA Doe..(Shaikh, Nahid) (Entered: 02/12/2024)
2/7/2024NOTICE of Consent to Removal. Document filed by Neil Portnow..(Spiro, Edward) (Entered: 02/07/2024)
2/7/2024NOTICE of Consent to Removal. Document filed by Neil Portnow..(Spiro, Edward) (Entered: 02/07/2024)
1/30/2024 ORDER granting 16 Letter Motion for Extension of Time to Answer re 16 LETTER MOTION for Extension of Time to File Answer or Otherwise Respond addressed to Judge Analisa Torres from Edward M. Spiro dated January 29, 2024., 1 Notice of Removal. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 1/30/24) (yv) (Entered: 02/05/2024)
1/29/2024 LETTER MOTION for Extension of Time to File Answer or Otherwise Respond addressed to Judge Analisa Torres from Edward M. Spiro dated January 29, 2024. Document filed by Neil Portnow..(Spiro, Edward) (Entered: 01/29/2024)
1/29/2024NOTICE OF APPEARANCE by Abbe Ben-David on behalf of Neil Portnow..(Ben-David, Abbe) (Entered: 01/29/2024)
1/29/2024NOTICE OF APPEARANCE by Catherine Foti on behalf of Neil Portnow..(Foti, Catherine) (Entered: 01/29/2024)
1/29/2024NOTICE OF APPEARANCE by Edward M. Spiro on behalf of Neil Portnow..(Spiro, Edward) (Entered: 01/29/2024)
1/25/2024NOTICE OF APPEARANCE by Nahid Aftab Shaikh on behalf of JAA Doe..(Shaikh, Nahid) (Entered: 01/25/2024)
1/23/2024 ORDER granting 10 Letter Motion for Extension of Time. GRANTED. Defendant is directed to serve a copy of this order on Plaintiff, who has not yet appeared in this action. SO ORDERED. (Signed by Judge Analisa Torres on 1/23/2024) (jca) (Entered: 01/23/2024)
1/23/2024 LETTER MOTION for Extension of Time to answer and/or serve and file the materials related to a motion to dismiss addressed to Judge Analisa Torres from Michelle A. Annese dated 1/23/2024. Document filed by National Academy of Recording Arts & Sciences, Inc...(Annese, Michelle) (Entered: 01/23/2024)
1/22/2024 ORDER On January 17, 2024, Defendants removed this action from Supreme Court, New York County. ECF No. 1. The Court has been advised that Plaintiff intends to contest removal. Accordingly: 1. By February 12, 2024, Plaintiff shall file her motion to remand; 2. By February 26, 2024, Defendants shall file their opposition papers; 3. By March 4, 2024, Plaintiff shall file her reply, if any. SO ORDERED. (Motions due by 2/12/2024., Replies due by 3/4/2024., Responses due by 2/26/2024) (Signed by Judge Analisa Torres on 1/22/2024) (jca) (Entered: 01/22/2024)
1/18/2024CERTIFICATE OF SERVICE of Defendant's Notice of Removal with Exhibits, Civil Cover Sheet, Rule 7.1 Corporate Disclosure Statement, Notice of Filing of Notice of Removal with Exhibit, Defendant's corrected Civil Cover Sheet, United States District Judge Analisa Torres's Individual Practices in Civil Cases; United States Magistrate Judge Ona T. Wang's Individual Practices in Civil Cases, and Electronic Case Filing Rules and Instructions served on January 17, 2024 and January 18, 2024. Service was made by e-mail and overnight mail. served on JAA Doe on January 17, 2024 and January 18, 2024. Service was made by e-mail and overnight mail. Document filed by National Academy of Recording Arts & Sciences, Inc...(Annese, Michelle) (Entered: 01/18/2024)
1/18/2024CIVIL COVER SHEET filed..(Bloom, Elise) (Entered: 01/18/2024)
1/18/2024***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Elise Michelle Bloom to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): civil cover sheet was not signed;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) (Entered: 01/18/2024)
1/18/2024***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Elise Michelle Bloom. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) (Entered: 01/18/2024)
1/18/2024***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Elise Michelle Bloom. The party information for the following party/parties has been modified: DOES 1-5, whose identities are unknown to Plaintiff. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (pc) (Entered: 01/18/2024)
1/18/2024Case Designated ECF. (pc) (Entered: 01/18/2024)
1/18/2024Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. 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: 01/18/2024)
1/18/2024CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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: 01/18/2024)
1/17/2024NOTICE OF APPEARANCE by Alexandra Reynolds on behalf of National Academy of Recording Arts & Sciences, Inc...(Reynolds, Alexandra) (Entered: 01/17/2024)
1/17/2024NOTICE OF APPEARANCE by Michelle A. Annese on behalf of National Academy of Recording Arts & Sciences, Inc...(Annese, Michelle) (Entered: 01/17/2024)
1/17/2024NOTICE OF APPEARANCE by Elise Michelle Bloom on behalf of National Academy of Recording Arts & Sciences, Inc...(Bloom, Elise) (Entered: 01/17/2024)
1/17/2024 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by National Academy of Recording Arts & Sciences, Inc...(Bloom, Elise) (Entered: 01/17/2024)
1/17/2024 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Bloom, Elise) Modified on 1/18/2024 (pc). (Entered: 01/17/2024)
1/17/2024NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 952242/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-28819870).Document filed by National Academy of Recording Arts & Sciences, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R).(Bloom, Elise) (Entered: 01/17/2024)