Thermidor et al v. United States of America et al

New York Eastern District Court
Judge:Hector Gonzalez
Case #: 1:24-cv-04764
Nature of Suit350 Torts - Personal Injury - Motor Vehicle
Cause23:134 P.I.- Auto Negligence
Case Filed:Jul 09, 2024
Last checked: Saturday Aug 24, 2024 5:31 AM EDT
Defendant
Commercial Trailer Leasing Inc.
103 Eisenhiwer Pkwy
Roseland, NJ 07068
Represented By
Robyn Dena Kazatsky
Lock Gordon Law Group, LLC
contact info
Defendant
Edwin Quinones, Jr.
341 44th Street Apt. # 2
Brooklyn, NY 11220
Defendant
United States Postal Service
Law Department, National Tort Center 1720 Market Street Room 2400
St. Louis, MO 63155
Defendant
United States of America
U.S. Attorney for Eastern District of New York 271 Cadman Plaza East 7th Floor
Brooklyn, NY 11201
Plaintiff
Jennoi Gaynor
Represented By
William Pager
Law Offices Of William Pager
contact info
Plaintiff
Wiseline Thermidor
Represented By
William Pager
Law Offices Of William Pager
contact info


Docket last updated: 11/01/2024 11:59 PM EDT
Tuesday, October 08, 2024
order Order Dismissing Parties Tue 10/08 9:10 AM
ORDER: For the reasons stated in the Court's October 1, 2024, Order to Show Cause, and with Plaintiffs' consent, see ECF No.20 , the Court terminates Defendants United States Postal Service and Edwin Quinones, Jr. from the docket. Defendants United States of America and Commercial Trailer Leasing Inc. shall remain listed on the docket as defendants in this action. Ordered by Judge Hector Gonzalez on 10/8/2024. (ICP)
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Monday, October 07, 2024
20 20 misc Response to Order to Show Cause Mon 10/07 1:43 PM
RESPONSE TO ORDER TO SHOW CAUSE by Jennoi Gaynor, Wiseline Thermidor (Pager, William)
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Tuesday, October 01, 2024
19 19 order Scheduling Order Tue 10/01 1:00 PM
ORDER: The Court adopts the parties' proposed case management plan, see ECF No.16 , as the Court's scheduling order required by Rule 16(b). Ordered by Judge Hector Gonzalez on 10/1/2024. (ICP)
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order Order to Show Cause Tue 10/01 5:16 PM
ORDER TO SHOW CAUSE: It is well-settled that in FTCA actions, federal courts lack subject-matter jurisdiction over federal agencies like USPS, see Joseph v. United States , No. 22-cv-7007, 2024 WL 360663, at *6 (E.D.N.Y. Jan. 31, 2024), and that the "exclusive remedy for nonconstitutional torts by a government employee acting within the scope of his employment is a suit against the government under the FTCA," see Joseph v. United States , No. 22-cv-7007, ECF No. 36, at 3-4 (E.D.N.Y. 2024). The United States Attorney's Office has filed an affidavit certifying that Defendant Edward Quinones, Jr. was acting within the scope of his employment as a federal employee at the time of the incident out of which Plaintiffs' claim arose. See ECF No. [18-1]. Accordingly, and since the United States of America is already named as a defendant in this action, Plaintiffs are ORDERED to show cause on or before October 8, 2024, why Defendants USPS and Edward Quinones Jr. should not be dismissed from this action, pursuant to 28 U.S.C. §§ 2679(a), (d)(1), and 1346(b)(1). Ordered by Judge Hector Gonzalez on 10/1/2024. (ICP)
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Friday, September 27, 2024
18 18 answer Answer to Complaint Fri 09/27 5:03 PM
ANSWER to1 Complaint, by Edwin Quinones, Jr., United States Postal Service, United States of America. (Stannard, Geoffrey)
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Att: 1 Certification of Scope of Employment
17 17 misc Letter Fri 09/27 4:46 PM
Letter setting forth the parties' respective descriptions of the case by Edwin Quinones, Jr., United States Postal Service, United States of America (Stannard, Geoffrey)
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16 16 misc Case Management Statement Fri 09/27 2:53 PM
CASE MANAGEMENT STATEMENT (Stannard, Geoffrey)
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Tuesday, September 17, 2024
15 15 service Summons Returned Executed Tue 09/17 4:54 PM
SUMMONS Returned Executed by Wiseline Thermidor, Jennoi Gaynor. United States Postal Service served on 7/29/2024, answer due 8/19/2024. (Pager, William)
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14 14 service Summons Returned Executed Tue 09/17 4:53 PM
SUMMONS Returned Executed by Wiseline Thermidor, Jennoi Gaynor. Commercial Trailer Leasing Inc. served on 7/24/2024, answer due 8/14/2024. (Pager, William)
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13 13 service Summons Returned Executed Tue 09/17 4:51 PM
SUMMONS Returned Executed by Wiseline Thermidor, Jennoi Gaynor. Edwin Quinones, Jr. served on 7/22/2024, answer due 8/12/2024. (Pager, William)
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12 12 service Summons Returned Executed as to USA Tue 09/17 4:50 PM
SUMMONS Returned Executed by Wiseline Thermidor, Jennoi Gaynor. United States of America served on 7/23/2024, answer due 9/23/2024. (Pager, William)
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11 11 order Status Report Order Tue 09/17 12:53 PM
SCHEDULING ORDER: This case has been reassigned to Judge Gonzalez. Accordingly, counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by September 27, 2024, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. For the parties' benefit, the Court notes that the proposed scheduling order that the parties previously filed at ECF No.9 provides for significantly longer discovery deadlines than the Court usually allows and that the Court will not be inclined to so-order a discovery schedule that provides for six months of fact discovery in a case of this nature. Although the Court will be amenable to a reasonable extension of Defendants' deadline to answer or otherwise respond to Plaintiff's complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 9/17/2024. (ICP)
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Monday, September 16, 2024
10 10 notice Notice of Appearance Mon 09/16 6:21 PM
NOTICE of Appearance by Geoffrey M. Stannard on behalf of Edwin Quinones, Jr., United States Postal Service, United States of America (aty to be noticed) (Stannard, Geoffrey)
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9 9 misc Proposed Scheduling Order Mon 09/16 4:13 PM
Proposed Scheduling Order by Jennoi Gaynor, Wiseline Thermidor (Pager, William)
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order ~Util - Set Deadlines Mon 09/16 10:27 AM
ORDER: Per the Court's order dated July 10, 2024, the parties were instructed to file their proposed Discovery Plan and Scheduling Order no later than September 13, 2024. The deadline to file is extended to September 17, 2024. Additionally, Plaintiff shall file proof of service regarding service on the United States by September 17, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 9/16/2024. (EG)
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misc Consent to Jurisdiction by US Magistrate Judge - Declined Mon 09/16 4:40 PM
NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. The assigned Assistant U.S. Attorney is directed to file a notice of appearance for the United States by September 18, 2024. (EG) Modified on 9/16/2024 to include language.(EG)
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utility Case Assigned/Reassigned Mon 09/16 4:59 PM
Case Reassigned to Judge Hector Gonzalez. Magistrate Judge Joseph A. Marutollo no longer assigned as presider to the case. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (DA)
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Friday, August 23, 2024
8 8 misc Corporate Disclosure Statement Fri 08/23 2:25 PM
Corporate Disclosure Statement by Commercial Trailer Leasing Inc. identifying Corporate Parent Star Leasing Company, LLC d/b/a Transportation Equipment Network ("TEN") for Commercial Trailer Leasing Inc.. (Kazatsky, Robyn)
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Wednesday, August 21, 2024
7 7 answer Answer to Complaint Wed 08/21 3:09 PM
ANSWER to1 Complaint, with Affirmative Defenses by Commercial Trailer Leasing Inc.. (Kazatsky, Robyn)
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Friday, August 16, 2024
6 6 notice Notice of Appearance Fri 08/16 2:37 PM
NOTICE of Appearance by Robyn Dena Kazatsky on behalf of Commercial Trailer Leasing Inc. (aty to be noticed) (Kazatsky, Robyn)
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Wednesday, July 10, 2024
5 5 order Scheduling Order Wed 07/10 10:58 AM
SCHEDULING ORDER: A telephonic initial conference will be held on September 20, 2024 at 10:30 a.m. before Magistrate Judge Joseph A. Marutollo. To participate in the conference, the parties shall dial (646) 828-7666; Meeting ID: 160 947 0623; Passcode: 356758. The parties must complete the attached proposed Discovery Plan and Scheduling Order and file it on ECF no later than September 13, 2024. Plaintiff is directed to ensure that all Defendants are aware of this conference. Counsel with knowledge of the case must attend the conference; per diem counsel may not appear without prior permission of the Court. The parties are directed to review this Court's Individual Practices and Rules in advance of the conference. Ordered by Magistrate Judge Joseph A. Marutollo on 7/10/2024. (EG)
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Att: 1 Individual Practices and Rules
4 4 misc Quality Control Check - Attorney Case Opening Wed 07/10 9:16 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM)
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3 3 notice Notice of Opportunity to Consent Wed 07/10 9:14 AM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (SDM)
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2 2 service Summons Issued Wed 07/10 9:10 AM
Summons Issued as to Commercial Trailer Leasing Inc., Edwin Quinones, Jr., United States Postal Service, United States of America. (SDM)
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Tuesday, July 09, 2024
1 1 cmp Complaint Tue 07/09 3:58 PM
COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-18052171 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Wiseline Thermidor, Jennoi Gaynor. (Pager, William)
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Att: 1 Civil Cover Sheet,
Att: 2 Proposed Summons