Case details

Court: nysd
Docket #: 1:96-cv-04763
Case Name: Spielberg, et al v. American Airlines
PACER case #: 149478
Date filed: 1996-06-24
Date terminated: 1999-10-22
Assigned to: Judge Constance Baker Motley
Case Cause: 28:1332pi Diversity-Personal Injury
Nature of Suit: 310 Airplane
Jury Demand: None
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Nancy Spielberg
Plaintiff
Individually, and on behalf of her minor children, Jessica Katz and Melissa Katz.
James P. Kreindler
Kreindler & Kreindler 750 Third Avenue New York, NY 10017 212-973-3440 Fax: 212-972-9432 Email: jkreindler@kreindler.com
LEAD ATTORNEY

Paul Indig
Renzulli Law Firm, LLP 81 Main Street Suite 508 White Plains, NY 10601 (212)599-5533 Fax: 212-599-6385 Email: pindig@renzullilaw.com
LEAD ATTORNEY

Devereux Chatillon
Plaintiff
individually and on behalf of her minor children, Amanda Harper and Julia Harper TERMINATED: 10/31/1997
James P. Kreindler
(See above for address)
TERMINATED: 10/31/1997 LEAD ATTORNEY

Paul Indig
(See above for address)
TERMINATED: 10/31/1997 LEAD ATTORNEY

Karen Berman
Plaintiff
individually and on behalf of her minor child, Leah Berman
James P. Kreindler
(See above for address)
LEAD ATTORNEY

Paul Indig
(See above for address)
LEAD ATTORNEY

Louis Weiss
Plaintiff
James P. Kreindler
(See above for address)
LEAD ATTORNEY

Paul Indig
(See above for address)
LEAD ATTORNEY

Gerson Freedman
Plaintiff
James P. Kreindler
(See above for address)
LEAD ATTORNEY

Paul Indig
(See above for address)
LEAD ATTORNEY

Alice Weiss
Plaintiff
James P. Kreindler
(See above for address)
LEAD ATTORNEY

Milton G. Sincoff
Kreindler & Kreindler 750 Third Avenue New York, NY 10017 (212)-973-3446 Fax: (212)-972-9432 Email: msincoff@kreindler.com
LEAD ATTORNEY

Miriam Lewinger
Plaintiff
James P. Kreindler
(See above for address)
LEAD ATTORNEY

Milton G. Sincoff
(See above for address)
LEAD ATTORNEY

American Airlines, Inc.
Defendant
George Nelson Tompkins , III
Wilson Elser Moskowitz Edelman & Dicker LLP 150 East 42nd Street New York, NY 10017 (212)-915-5562 Fax: (212) 490-3038 Email: george.tompkinsiii@wilsonelser.com
LEAD ATTORNEY

Peter Hoenig
Biedermann, Reif, Hoenig & Ruff, P.C. 885 Third Avenue, 16th Floor New York, NY 10022 (212) 697-5555 Fax: (212) 986-3509 Email: pheonig@bhmr.com
TERMINATED: 01/15/1997 LEAD ATTORNEY

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1996-06-24 1 0 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120.00 RECEIPT # 265523 (ba) (Entered: 06/26/1996)
1996-06-26 2 0 Affidavit of service as to American Airlines, Inc., c/o C.T. Corporation Systems by delivering personally to Paula Kash, Process Specialist at 1633 Broadway, NYC, 10019 and by Registered Mail, R222931682on 6/25/96 (kk) (Entered: 06/27/1996)
1996-07-30 3 0 STIPULATION and ORDER OF EXTENSION IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for the parties hereto that the time for defendant American Airlines, Inc to answer or otherwise move with respect to plaintiff's complaint is extended through July 31, 1996 ( signed by Judge Sonia Sotomayor). (djc) (Entered: 07/30/1996)
1996-07-31 4 0 Rule 9 certificate filed (djc) (Entered: 08/01/1996)
1996-07-31 5 0 ANSWER to Complaint by American Airlines, Inc. (Attorney Peter Hoenig) (kk) (Entered: 08/01/1996)
1996-08-06 6 0 Filed Memo_Endorsement on letter dated 8/5/96, this has been previously referred to J. Wood for her consideration (re deft application to have 96cv4762 and 96cv4763 to be assigned to one judge) signed by Judge Sonia Sotomayor ) (cd) Modified on 08/07/1996 (Entered: 08/07/1996)
1996-08-06 7 0 Filed Memo_Endorsement on letter to Judge Wood from James P. Kreindler dated 8/1/96, requesting that both of these cases (96 cv 4762 (KMW) and 96 cv 4763 (SS)) be assigned to one judge. ...THE ISSUE OF CONSOLIDATION SHOULD BE LEFT TO THE DESCRETION OF JUDGE WOOD... ...SO ORDERED... ( signed by Judge Sonia Sotomayor ) (ls) (Entered: 08/07/1996)
1996-08-16 8 0 Notice of reasgmnt _ to Judge Kimba M. Wood Copy of notice and judge's rules mailed to Attorney(s) of record: Peter Hoenig, Milton G. Sincoff, James P. Kreindler, Paul Indig . (ricm) (Entered: 08/22/1996)
1996-10-04 9 0 SCHEDULING ORDER setting Deadline for filing of dispositive motions 2/28/97 ; Discovery cutoff 1/31/97 ; Any motions to Join parties,amend pleadings due no later than 11/30/96 ....SO ORDERED... ( signed by Magistrate Judge Henry B. Pitman ) ; Copies mailed (ls) (Entered: 10/07/1996)
1997-01-13 10 0 ORDER, Discovery is to be completed by 3/21/97(see order for more information) , reset motion filing deadline for 4/15/97 , reset settlement conference for 9:00 a.m. on 2/25/97 ( signed by Magistrate Judge Henry B. Pitman ); Copies mailed (kw) (Entered: 01/14/1997)
1997-01-15 11 0 STIPULATION and ORDER, that Tompkins, Harakas, Elsasser & Tompkins, Courthouse Sq., 140 Grand St., Suite 501, White Plains, NY 10601, is substituted in place and stead of Biedermann, Hoenig, Massamillo & Ruff as attnys. for Deft. AmericanAirlines, Inc. in the above entitled action...SO ORDERED... ( signed by Judge Kimba M. Wood ). (ls) (Entered: 01/15/1997)
1997-02-25 12 0 SCHEDULING ORDER setting factual Discovery cutoff 4/30/97 (expert discovery by 5/15/97); Deadline for filing of dispositive motions 6/16/97 ; ( signed by Magistrate Judge Henry B. Pitman ) ; Copies mailed (cd) (Entered: 02/26/1997)
1997-07-22 13 0 NOTICE OF MOTION by Karen Berman for protective order regarding the deposition of Dr. Yellin ; attached is the affidavit of Milton G. Sincoff's. (kw) (Entered: 07/25/1997)
1997-07-22 14 0 SUPPLEMENTAL AFFIDAVIT of Milton G. Sincoff in support of Karen Berman's Re: [13-1] motion for protective order regarding the deposition of Dr. Yellin. (kw) (Entered: 07/25/1997)
1997-07-28 15 0 AFFIDAVIT of George N. Tompkins by American Airlines in opposition to Re: [13-1] motion for protective order regarding the deposition of Dr. Yellin. (kw) (Entered: 07/30/1997)
1997-07-29 16 0 Reply affidavit of Milton G. Sincoff by Nancy Spielberg, Devereux Chatillon, Karen Berman, Louis Weiss, Gerson Freedman, Alice Weiss, Miriam Lewinger in support of [13-1] motion for protective order regarding the deposition of Dr. Yellin (ae) (Entered: 07/31/1997)
1997-08-04 17 0 MEMORANDUM by American Airlines in opposition to [13-1] motion for protective order regarding the deposition of Dr. Yellin (djc) (Entered: 08/06/1997)
1997-08-11 18 0 MEMORANDUM OPINION and Order #79067 denying [13-1] motion for protective order regarding the deposition of Dr. Yellin; plaintiff's application to have attorney's fees paid by defendant is also denied ( Signed by Magistrate Judge Henry B. Pitman) Copies mailed. (djc) (Entered: 08/12/1997)
1997-10-21 19 0 STIPULATION and ORDER; that Rosenman & Colin LLP is substituted in place and stead of Tompkins, Harakas, Elsasser & Tompkins as attorneys for defendant Amer. Airlines (signed by Magistrate Judge Henry B. Pitman) (djc) Modified on 10/23/1997 (Entered: 10/21/1997)
1997-10-31 20 0 STIPULATION AND ORDER of dismissal of plntfs Devereux Chatillion, Amanda Harper and Julia Harper against deft American Ailines with prejudice and without costs to any party, purusuant to Rule 41(a)(2) ( signed by Judge Kimba M. Wood ) (cd) Modified on 11/05/1997 (Entered: 11/03/1997)
1997-12-08 21 0 REPLY by Nancy Spielberg, Karen Berman, Louis Weiss, Gerson Freedman, Alice Weiss, Miriam Lewinger to response to [0-1] motion purs to FRCP 26(b)(4)(C) requiring deft to pay experts' deposition fees and expenses (cd) (Entered: 12/12/1997)
1998-07-02 22 0 Notice of reassignment to Judge Constance B. Motley. Copy of notice and judge's rules mailed to Attorney(s) of record: George N. Tompkins III, Peter Hoenig, Milton G. Sincoff, James P. Kreindler and Paul Indig. (em) (Entered: 07/13/1998)
1998-12-17 23 0 PRE-TRIAL MEMORANDUM by plaintiffs. (kw) (Entered: 12/21/1998)
1999-03-09 25 0 Transcript of record of proceedings filed before Judge Motley for dates of January 28, 1999. (sac) (Entered: 03/11/1999)
1999-10-06 27 0 MEMORANDUM by American Airlines in support of motion for judgment as a matter of law as to plntfs' claim for lost future earnings (cd) (Entered: 10/08/1999)
1999-11-04 28 0 ORDER, defendant has requested that the Court set a briefing schedule for the submission of post-trial memoranda. Parties in this action are hereby notified that the deadlines for the submission of post-trial memoranda are as follows: 12/15/99: Last day to file moving memoranda; 1/14/00: Last day to file opposition memoranda; 1/28/00: Last day to file reply memoranda. There will be no extensions granted to this schedule . ( signed by Judge Constance B. Motley ); Copies mailed. (ae) (Entered: 11/05/1999)
1999-12-15 29 0 MEMORANDUM OF LAW by American Airlines in support of [0-1] motion for an order, purs. to Rule 59(e), setting aside the damage verdict returned by the jury on 10/7/99, [0-2] motion for an order, granting a new trial on the issue of damages only, [0-3] motion for an order, for a remittitur of the jury's awards for past and future emotional distress on the ground that such awards were against the weight of the evidence and are excessive as a matter of law. (ri) (Entered: 12/16/1999)
1999-12-29 30 0 Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of Sept. 27-30, 1999 & Oct. 4th, 1999. (sac) (Entered: 12/29/1999)
1999-12-29 31 0 Transcript of record of proceedings before Judge Constance B. Motley for the date(s) of Oct. 5-8 & 12, 1999. (sac) (Entered: 12/29/1999)
2001-01-05 32 0 ORDER, payments are approved and shall be deducted from award of $215,000 for plaintiff's reasonable share of pro rated consolidated Kreindler & Kreindler disbursements on behalf of Jessica Katz in the amount of $13,666 and $2,165 for reasonable individual disbursements incurred by Kreindler & Kreindler and for reasonable attorneys' fees of 33 1/3% of the net recovery (gross recovery less disbursements) or $66,390 to be shared between Kreindler & Kreindler and Howard Siroa, Esq., with Kreindler & Kreindler receiving $44,260 and Howard Sirota, Esq. receiving $22,130 ; Kreindler & Kreindler shall pay and distribute the proceeds of said award in the sum of $215,000 as set forth in this document. Jessica Katz's recovery shall be held in an interest bearing account with her mother and natural guardian, Nancy Spielberg, as trustee and that said funds shall remain in that account until Jessica reaches the age of majority . ( signed by Judge Constance B. Motley ); Copies mailed. (kw) (Entered: 01/08/2001)
2001-01-05 33 0 APPLICATION by Karen Berman for attorney fees and disbursments . Return date not indicated. (lam) (Entered: 01/09/2001)
2001-01-05 34 0 AFFIDAVIT of James P. Kreindler, atty for Karen Berman in support of [33-1] motion for attorney fees and disbursments (lam) (Entered: 01/09/2001)
2001-01-05 35 0 ORDER, granting [33-1] motion for attorney fees and disbursments; payments are approved and shall be deducted from the award of $215,000 as set forth in this order (signed by Judge Constance B. Motley ); Copies mailed. (lam) (Entered: 01/09/2001)