Case details

Court: nyed
Docket #: 9:98-cv-03207
Case Name: Cerrato, et al v. Delta Air Lines
PACER case #: 213059
Date filed: 1998-04-24
Date terminated: 1999-06-30
Assigned to: Judge Joanna Seybert
Referred to: Magistrate Judge E. Thomas Boyle
Case Cause: 28:1332 Diversity-Personal Injury
Nature of Suit: 360 P.I.: Other
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Michael Cerrato
Plaintiff
Donald W Leo
Mr. Donald W. Leo Esq. 625 Middle Country Road Coram, NY 11727 (516) 698-2000
ATTORNEY TO BE NOTICED

Lisa Cerrato
Plaintiff
Donald W Leo
(See above for address)
ATTORNEY TO BE NOTICED

Delta Air Lines, Inc.
Defendant
doing business asDelta Air Lines
George P. McKeegan
McKeegan & Shearer, P.C. 192 Lexington Avenue 7th Floor New York, NY 10016 212-661-4200 Fax: 212-661-4813 Email: gmckeegan@mckeeganlaw.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1998-04-24 1 0 COMPLAINT filed and summons(es) issued for Delta Air Lines FILING FEE $ 150.00 RECEIPT # 7643 (Toritto, James) (Entered: 04/28/1998)
1998-05-14 2 0 RETURN OF SERVICE executed as to Delta Air Lines 5/5/98 Answer due on 5/25/98 for Delta Air Lines (fe) (Entered: 05/15/1998)
1998-06-02 3 0 ANSWER to Complaint by Delta Air Lines (fe) (Entered: 06/11/1998)
1998-07-06 4 0 ORDER - This matter has been assigned to the undersigned for pre-trial supervision & the preparation of the scheduling order. set initial scheduling conference for 11:30 8/26/98 before Magistrate E. T. Boyle (signed by Magistrate E. T. Boyle, dated 7/6/98) c/m (fe) (Entered: 07/08/1998)
1998-08-13 5 0 INITIAL CONFERENCE QUESTIONNAIRE submitted by counsel for the defts. (fe) (Entered: 08/18/1998)
1998-08-25 6 0 Letter MOTION by Michael Cerrato, Lisa Cerrato request that the conf presently scheduled for 8/26/98 at 11:30 a.m. be re-scheduled to 10:30 a.m. ,on consent Motion hearing (Lundy, Lisa) (Entered: 08/26/1998)
1998-08-26 7 0 Calendar entry: before Magistrate Boyle on 8/26/98 @ 10:30 am. Civil Cause for Initial Conference. Case called. Counsel for all sides present. The Court adopts the discovery plan submitted by the parties. set status conference for 10:00 1/20/99 before Magistrate E. T. Boyle (fe) (Entered: 08/26/1998)
1998-08-26 8 0 PROPOSED DISCOVERY PLAN/ORDER (signed by Magistrate E. T. Boyle, dated 8/26/98) (fe) (Entered: 08/26/1998)
1998-11-02 9 0 Letter MOTION by Delta Air Lines request to hold depositions in the courthouse to commence on 11/3/98 at 11:00 a.m. ,on consent Motion hearing (Lundy, Lisa) (Entered: 11/04/1998)
1999-01-11 10 0 Letter MOTION by Delta Air Lines to extend time for discovery , Motion hearing (Lundy, Lisa) (Entered: 01/27/1999)
1999-02-19 11 0 LETTER dated 2/18/99 from Donald W. Leo to Mag. Judge Boyle; Notification to the court that counsel has provided counsel for the deft with all of the mandatory disclosure. Letter attached. (Lundy, Lisa) (Entered: 02/22/1999)
1999-03-15 12 0 Copy of LETTER dated 3/10/99 from Thomas McShane to Donald Leo RE: Enclosing herewith a notice of motion, the supporting affidavits of Thomas A. McShane & John Mauritzen, statement of undisputed material facts & a memorandum of law in support of Delta's motion for an order granting Delta summary judgment dismissing pltff's complaint. (fe) (Entered: 03/16/1999)
1999-03-19 13 0 ORDER - The final & settlement conference previously set for 3/29/99 @ 10:00 am befor Magistrate Boyle has been rescheduled for a status conference on 7/14/99 @ 9:30 am. set status conference for 9:30 7/14/99 before Magistrate E. T. Boyle (signed by Magistrate E. T. Boyle, dated 3/19/99) c/m (fe) (Entered: 03/22/1999)
1999-03-31 14 0 Letter MOTION by Michael Cerrato, Lisa Cerrato to adjourn the deft's motion for summary judgment which is returnable on 3/31/99 Motion hearing (fe) (Entered: 04/02/1999)
1999-03-31 15 0 Faxed copy of LETTER dated 3/26/99 from George McKeegan to Donald Leo RE: we adjourn the return date for the motion to 4/21/99 on the condition that you serve any opposition papers on us by FedEx by 4/12/99 so that we may have ample time to receive your papers & file same. (fe) (Entered: 04/02/1999)
1999-04-13 16 0 Letter MOTION by Michael Cerrato, Lisa Cerrato to adjourn the motion schedule as follows: pltff to serve opposition papers on or before 5/3/99; that the movant have until 5/12/99 to serve a reply; & the fully briefed motion be filed with the court on or before 5/17/99 Motion hearing (fe) (Entered: 04/20/1999)
1999-05-11 17 0 Letter MOTION by Delta Air Lines requesting that the court accept the modified briefing schedule as follows: Delta to serve its reply by 5/19/99, the fully briefed motion must be filed with the court by 5/24/99 Motion hearing (fe) (Entered: 05/17/1999)
1999-05-24 18 0 LETTER dated 5/24/99 from Thomas A. McShane to Judge Seybert RE: Enclosing Delta's notice of motion; Delta's memorandum of law; Delta's statement of undisputed material facts; affirmation of Donald W. Leo; Pltff's statement of undisputed material facts; Pltff's memorandum of law; Delta's reply memorandum of law; reply affirmation of Thomas A. McShane; affidavit of Robert Costello. (fe) (Entered: 06/04/1999)
1999-05-24 19 0 MOTION by Delta Air Lines for summary judgment dismissing pltff's action against Delta on the grounds that there is no evidence that Delta created or had actual or constructive notice of hazardous condition complained of by pltffs in thei complaint Motion hearing (fe) (Entered: 06/04/1999)
1999-05-24 20 0 AFFIRMATION of Thomas A. McShane on behalf of Delta Air Lines in support of [19-1] motion for summary judgment dismissing pltff's action against Delta on the grounds that there is no evidence that Delta created or had actual or constructive notice of hazardous condition complained of by pltffs in thei complaint (fe) Modified on 06/04/1999 (Entered: 06/04/1999)
1999-05-24 21 0 AFFIDAVIT of John Mauritzen on behalf of Delta Air Lines in support of [19-1] motion for summary judgment dismissing pltff's action against Delta on the grounds that there is no evidence that Delta created or had actual or constructive notice of hazardous condition complained of by pltffs in thei complaint (fe) Modified on 06/04/1999 (Entered: 06/04/1999)
1999-05-24 22 0 MEMORANDUM OF LAW by Delta Air Lines in support of [19-1] motion for summary judgment dismissing pltff's action against on the grounds that there is no evidence that Delta created or had actual or constructive notice of hazardous condition complained of by pltffs in thei complaint (fe) (Entered: 06/04/1999)
1999-05-24 23 0 Rule 56.1 Statement(formerly Rule 3(g) by Delta Air Lines re: [19-1] motion for summary judgment dismissing pltff's action against Delta on the grounds that there is no evidence that Delta created or had actual or constructive notice of hazardous condition complained of by pltffs in thei complaint (fe) (Entered: 06/04/1999)
1999-05-24 24 0 AFFIDAVIT of Robert Costello on behalf of Delta Air Lines in support of [19-1] motion for summary judgment dismissing pltff's action against Delta on the grounds that there is no evidence that Delta created or had actual or constructive notice of hazardous condition complained of by pltffs in thei complaint (fe) (Entered: 06/04/1999)
1999-05-24 25 0 MEMORANDUM OF LAW by Michael Cerrato, Lisa Cerrato in opposition to [19-1] motion for summary judgment dismissing pltff's action against Delta on the grounds that there is no evidence that Delta created or had actual or constructive notice of hazardous condition complained of by pltffs in thei complaint (fe) (Entered: 06/04/1999)
1999-05-24 26 0 Rule 56.1 Statement(formerly Rule 3(g) by Michael Cerrato, Lisa Cerrato re: [19-1] motion for summary judgment dismissing pltff's action against Delta on the grounds that there is no evidence that Delta created or had actual or constructive notice of hazardous condition complained of by pltffs in thei complaint (fe) (Entered: 06/04/1999)
1999-05-24 27 0 AFFIRMATION of Donald W. Leo on behalf of Michael Cerrato, Lisa Cerrato in opposition to [19-1] motion for summary judgment dismissing pltff's action against Delta on the grounds that there is no evidence that Delta created or had actual or constructive notice of hazardous condition complained of by pltffs in thei complaint (fe) (Entered: 06/04/1999)
1999-05-24 28 0 REPLY AFFIRMATION of Thomas A. McShane on behalf of Delta Air Lines in support of [19-1] motion for summary judgment dismissing pltff's action against Delta on the grounds that there is no evidence that Delta created or had actual or constructive notice of hazardous condition complained of by pltffs in thei complaint (fe) (Entered: 06/04/1999)
1999-05-24 29 0 REPLY MEMORANDUM OF LAW by Delta Air Lines in further support of [19-1] motion for summary judgment dismissing pltff's against Delta on the grounds that there is no evidence that Delta created or had actual or constructive notice of hazardous condition complained of by pltffs in this complaint (fe) (Entered: 06/04/1999)
1999-06-08 30 0 Copy of LETTER dated 6/8/99 from Boyd Rogers to Thomas A. McShane RE: I am writing to you regarding your client Delta Air Lines, Inc's recently filed motion for summary judgment. Several of the papers submitted in connection with this motion contained an erroneous docket #, 98-cv-392, rather than the correct docket #, 98-cv-3207. Although this motion was docketed & filed under the correct docket #, please be advised that all future submissions must reference the correct docket #, or they will be rejected by the Clerk's Office. (fe) (Entered: 06/08/1999)
1999-06-24 31 0 MEMORANDUM and ORDER granting [19-1] motion for summary judgment dismissing pltff's action against Delta on the grounds that there is no evidence that Delta created or had actual or constructive notice of hazardous condition complained of by pltffs in their complaint. Cerratos claims are dismissed in their entirety. The Clerk of the Court is directed to close this case. (signed by Judge Joanna Seybert, on 6/24/99) c/m (fe) (Entered: 06/25/1999)
1999-06-30 32 0 JUDGMENT for Delta Air Lines against Michael Cerrato, Lisa Cerrato. ORDERED that the pltffs take nothing of the deft & that the complaint is hereby dismissed. ( Signed by Joseph DiTalia, Deputy Clerk-in-Charge, on 6/30/99) c/m , (fe) (Entered: 06/30/1999)