| Court: | nyed |
| Docket #: | 1:14-cv-04164 |
| Case Name: | Montello v. United States of America et al |
| PACER case #: | 358421 |
| Date filed: | 2014-07-07 |
| Assigned to: | Judge Allyne R. Ross |
| Referred to: | Magistrate Judge Vera M. Scanlon |
| Case Cause: | 28:1331 Fed. Question: Medical Malpractice |
| Nature of Suit: | 362 Personal Inj. Med. Malpractice |
| Jury Demand: | Plaintiff |
| Jurisdiction: | U.S. Government Defendant |
| Represented Party | Attorney & Contact Info |
| Jason Montello Plaintiff |
Roberta D. Asher |
| United States of America Defendant |
Dara A Olds |
| United States Department of Justice Defendant |
Dara A Olds |
| United States Marshals Service Defendant |
Dara A Olds |
| Neil A. Fisher Defendant |
|
| Jean Raphael Yvon Dupoux Defendant TERMINATED: 12/28/2015 |
Dianna D. McCarthy Heidi M. Gootnick |
| John and Jane Does # 1 Through # 10 Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-07-07 | 1 | 0 | COMPLAINT (filing fee $400 receipt number 0207-7047302) against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Jason Montello. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Additional attachment(s) added on 7/7/2014: # 2 Proposed Summons) (Bowens, Priscilla). (Entered: 07/07/2014) | |||
| 1 | 1 | Civil Cover Sheet | ||||
| 1 | 2 | Proposed Summons | ||||
| 2014-07-07 | 2 | 0 | Summons Issued as to Jean Raphael Yvon Dupoux, Neil A. Fisher, United States Department of Justice, United States Marshals Service, United States of America, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 07/07/2014) | |||
| 2014-07-07 | 3 | 0 | In 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. (Bowens, Priscilla) (Entered: 07/07/2014) | |||
| 2015-02-06 | 4 | 0 | AFFIDAVIT of Service for Affidavit U.S. Department of Justice served on Jon Beatty on August 4, 2014, filed by Jason Montello. (Asher, Roberta) (Entered: 02/06/2015) | |||
| 2015-02-06 | 5 | 0 | AFFIDAVIT of Service for Affidavit of Service Jean Raphael Yvon Dupoux served on Walter Dupoux on August 11, 2014, filed by Jason Montello. (Asher, Roberta) (Entered: 02/06/2015) | |||
| 2015-02-06 | 6 | 0 | AFFIDAVIT of Service for Affidavit of Service United States of America served on Larry on August 28, 2014, filed by Jason Montello. (Asher, Roberta) (Entered: 02/06/2015) | |||
| 2015-04-30 | 7 | 0 | SCHEDULING ORDER: An Initial Conference is set for 5/12/2015 at 02:30 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. Counsel must complete the attached joint proposed scheduling order prior to the conference, and must bring a completed copy to the conference for the Court's review. Plaintiff must serve this Order and its attachment on each Defendant and the United States Attorney's Office for the Eastern District of New York, and must file an affidavit of service by 5/5/2015. Ordered by Magistrate Judge Vera M. Scanlon on 4/30/2015. (Rice, Liane) (Entered: 04/30/2015) | |||
| 2015-05-06 | 8 | 0 | MOTION to Adjourn Conference. Letter advising that no Answer has been interposed by Jason Montello (Asher, Roberta) Modified on 5/7/2015 to add motion. (Quinlan, Krista). (Entered: 05/06/2015) | |||
| 2015-05-13 | 9 | 0 | AFFIDAVIT/AFFIRMATION of Service of Orders and Docket by Jason Montello (Asher, Roberta) (Entered: 05/13/2015) | |||
| 2015-05-14 | 10 | 0 | NOTICE of Appearance by Dianna D. McCarthy on behalf of Jean Raphael Yvon Dupoux (aty to be noticed) (McCarthy, Dianna) (Entered: 05/14/2015) | |||
| 2015-05-14 | 11 | 0 | NOTICE of Appearance by Heidi M. Gootnick on behalf of Jean Raphael Yvon Dupoux (aty to be noticed) (Gootnick, Heidi) (Entered: 05/14/2015) | |||
| 2015-05-20 | 12 | 0 | Letter Request for a Pre-Motion Conference by Jean Raphael Yvon Dupoux (Attachments: # 1 Certificate of Service Certificate of Service of Pre-Motion Conference Letter) (McCarthy, Dianna) (Entered: 05/20/2015) | |||
| 2015-05-21 | 13 | 0 | NOTICE of Appearance by Dara A Olds on behalf of United States Department of Justice, United States Marshals Service, United States of America (aty to be noticed) (Olds, Dara) (Entered: 05/21/2015) | |||
| 2015-05-22 | 14 | 0 | SCHEDULING ORDER: A Telephone Conference is set for 7/29/2015 at 10:00 AM before Magistrate Judge Vera M. Scanlon. Plaintiff's counsel is to organize a conference call, then phone Chambers at (718) 613-2300 with all counsel on the line. Counsel will consult and exchange information as to the relationships between the United States and the defendants to determine whether jurisdiction exists on or before 7/22/2015. The response to the Premotion conference letter is held in abeyance until counsel exchange the required information and consult with the Magistrate Judge.. Ordered by Magistrate Judge Vera M. Scanlon on 5/22/2015. (Quinlan, Krista) (Entered: 05/22/2015) | |||
| 2015-07-17 | 15 | 0 | SUMMONS Returned Executed by Jean Raphael Yvon Dupoux. Jean Raphael Yvon Dupoux served on 8/11/2014, answer due 9/1/2014. (Attachments: # 1 Affidavit of Service) (Asher, Ryan) (Entered: 07/17/2015) | |||
| 2015-07-17 | 16 | 0 | SUMMONS Returned Executed by United States Department of Justice. United States of America served on 8/28/2014, answer due 9/18/2014. (Attachments: # 1 Affidavit of Service, # 2 Affidavit of Service) (Asher, Ryan) (Entered: 07/17/2015) | |||
| 2015-07-29 | 17 | 0 | SCHEDULING ORDER: As discussed during the 7/29/2015 conference (see attached order for additional detail and deadlines), a Telephone Conference is set for 9/1/2015 at 2:30 PM before Magistrate Judge Vera M. Scanlon. Plaintiff's counsel is to organize a conference call, then phone Chambers at (718) 613-2300 with all counsel on the line. Counsel should be prepared to discuss the outstanding jurisdictional questions, about which they will exchange information during the next month. The motion to dismiss briefing is stayed pending discovery and further discussion with the Magistrate Judge. Ordered by Magistrate Judge Vera M. Scanlon on 7/29/2015. (Quinlan, Krista) (Entered: 07/29/2015) | |||
| 2015-09-02 | 18 | 0 | First Motion to Appear by Telephone , MOTION to Adjourn Conference by Jason Montello. (Asher, Roberta) (Entered: 09/02/2015) | |||
| 2015-09-09 | 19 | 0 | SCHEDULING ORDER: As discussed during the 9/9/2015 conference (see attached order for additional detail and deadlines), a Telephone Conference is set for 10/27/2015 at 5:00 PM before Magistrate Judge Vera M. Scanlon. Defendant's counsel (U.S.A.) is to organize a conference call, then phone Chambers at (718) 613-2300 with all counsel on the line. By 9/16/2015, Plaintiff is to provide a copy of Plaintiff's medical records and correspondence related to his medical service. Plaintiff is to provide a list to Defendants' counsel as to what are the actions/events that are the basis for the Plaintiff's claims that his medical treatment was inadequate by 9/23/2015. Counsel will continue to exchange information as to subject matter jurisdiction. By 10/27/2015, counsel must be prepared to state whether the PMC briefing should continue or if the motion (proposed) is withdrawn. Ordered by Magistrate Judge Vera M. Scanlon on 9/9/2015. (Quinlan, Krista) (Entered: 09/09/2015) | |||
| 2015-11-06 | 20 | 0 | STATUS REPORT ORDER: As discussed during the 11/6/2015 conference (see attached order for additional detail and deadlines), on or before 11/20/2015, Plaintiff will respond to the Dupoux pre motion conference letter to District Judge Ross. The USA will answer or file a PMC letter by 1/15/2016. Ordered by Magistrate Judge Vera M. Scanlon on 11/6/2015. (Quinlan, Krista) (Entered: 11/09/2015) | |||
| 2015-11-20 | 21 | 0 | Letter in Response to Defendant's Request for PreMotion Conference by Jason Montello (Asher, Roberta) (Entered: 11/20/2015) | |||
| 2015-12-21 | 22 | 0 | STIPULATION Discontinuing Action against Defendant JEAN RAPHAEL YVON DUPOUX, M.D. only by Jason Montello (Asher, Roberta) (Entered: 12/21/2015) | |||
| 2015-12-28 | 23 | 0 | Stipulation and Order Dismissing Party Jean Raphael Yvon Dupoux, M.D. only with prejudice. ( Ordered by Judge Allyne R. Ross, undated ) (Guzzi, Roseann) (Entered: 12/28/2015) | |||
| 2016-01-15 | 24 | 0 | ANSWER to 1 Complaint, by United States of America. (Olds, Dara) (Entered: 01/15/2016) | 2016-09-30 15:24:15 | 850a1cca46a5379416ae3c64e8af339032fdc8a2 | |
| 2016-04-22 | 25 | 0 | SCHEDULING ORDER: As discussed during the 4/22/2016 conference (see attached order for additional detail and deadlines), all discovery must be completed by 1/23/2017. On or before 1/23/2017, the Parties will file a joint status report letter confirming that discovery is complete. On or before 2/17/2017, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 3/17/2017, the Parties will file their joint Proposed Pretrial Order. Counsel will discuss settlement possibilities, including mediation. Given the case history and length of the discovery schedule, counsel should not expect any extensions bearing exigent circumstances. Ordered by Magistrate Judge Vera M. Scanlon on 4/22/2016. (Gillespie, Saudia) (Entered: 04/25/2016) | |||
| 2016-10-03 | 26 | 0 | First MOTION to Adjourn Conference by Jason Montello. (Asher, Roberta) (Entered: 10/03/2016) | 2016-10-04 12:21:58 | c00caba8947cd9743a8b7b733febcfe2d8d34693 |