British Airways Plc v. Ground Services International, Inc.

Docket(#21) Electronic Clerk's Notes for proceedings held before Judge F. Dennis Saylor, IV: Status Conference held on 10/23/2019. Case called. Parties report case settled. Court orders matter closed with nisi date of 12/6/2019. (Court Reporter: Valerie OHara at vaohara@gmail.com.)(Attorneys present: Mass, Tiger) (Bono, Christine) (Entered: 10/23/2019)

Docket(#20) Judge F. Dennis Saylor, IV: ORDER entered. SETTLEMENT ORDER OF DISMISSAL (Halley, Taylor) (Entered: 10/23/2019)

Docket(#19) ELECTRONIC NOTICE of Hearing. Status Conference set for 10/23/2019 11:00 AM in Courtroom 2 before Judge F. Dennis Saylor IV.Parties may participate by telephone by e-mailing the courtroom deputy at least two days prior to the hearing to request dial-in information. (Bono, Christine) (Entered: 09/18/2019)

Docket(#18) ELECTRONIC NOTICE of Case Assignment. Judge F. Dennis Saylor, IV assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Danieli, Chris) (Entered: 09/12/2019)

Docket(#17) Case transferred in from District of New York Eastern; Case Number 1:19-cv-03623. (Entered: 09/12/2019)

DocketCase transferred to the District Of Massachusetts as per Electronic Order dtd. 9/9/2019 by Chief U.S. District Judge Dora L. Irizarry. A certified copy of transfer order, and docket sheet sent to transferee court. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.. Ordered by Chief Judge Dora Lizette Irizarry on 9/9/2019. (Layne, Monique) (Entered: 09/11/2019)

DocketORDER TRANSFERRING CASE TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS This action concerns an accident that occurred at Logan International Airport in Boston, Massachusetts. Accordingly, this action might have originally been brought in the U.S. District Court for the District of Massachusetts under 28 U.S.C. 1391(b)(2). While a clause in the services agreement at issue in this case indicates that the courts of the State of New York "shall have exclusive jurisdiction" in any dispute arising under the terms of the agreement, as plaintiff correctly observes in its Letter at Dkt. Entry No. #16 , this clause is not dispositive of the question whether venue in the Eastern District of New York is proper. On the contrary, consideration of the convenience of witnesses, the locus of operative facts, and trial efficiency reveals that it would be in the interests of justice for the Court to exercise its discretion under 28 U.S.C. 1404(a) to transfer this action to the U.S. District Court for the District of Massachusetts. WHEREFORE, this action is hereby TRANSFERRED to the U.S. District Court for the District of Massachusetts. The Clerk of the Court is directed to close this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 9/9/2019. (Irizarry, Dora) (Entered: 09/09/2019)

Docket(#16) Letter regarding proper venue by British Airways Plc (Mass, Erik) (Entered: 08/28/2019)

Docket(#15) SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: August 21, 2019. First request for production of documents and first request for interrogatories due by: September 23, 2019. Deadline for joinder of additional parties and amendment of pleadings: September 5, 2019. Status Conference (with joint status report due two business days in advance): October 23, 2019, at 10:30 a.m. All discovery to be completed by: December 3, 2019. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): December 17, 2019, at 9:30 a.m. Dispositive motion process started by: January 3, 2020. Joint pretrial order due by: February 3, 2020. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 8/21/2019. (Orenstein, James) (Entered: 08/21/2019)

Docket(#14) Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 8/21/2019. Scheduling: (1) The next status conference will be held on October 23, 2019, at 10:30 a.m. (2) A pretrial conference will be held on December 17, 2019, at 9:30 a.m. Summary: (1) I will enter a separate case management and scheduling order that reflects, with minor modifications, the deadlines set forth in the parties' joint discovery plan. The parties have no current plan to adduce expert opinion testimony; if that changes, I will consider amending the discovery schedule to provide for the exchange of expert disclosures. (2) As discussed on the record, there does not appear to be any basis for venue in this district under the applicable statute notwithstanding the Complaint's explicit reference to that law. See 28 U.S.C. 1391(b); Docket Entry 1 (complaint) para. 6. Moreover, the parties agree that the fact witnesses who are likely to testify in depositions and at trial are in Boston, where the incident at issue occurred. I therefore directed the parties to confer and submit a letter by August 28, 2019, addressing whether the case should be transferred to the District of Massachusetts or if not, identifying the statutory basis for venue in this district. (Orenstein, James) (Entered: 08/21/2019)

Docket(#9) SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on August 21, 2019, at 11:30 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than August 19, 2019, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. Each party's counsel must be personally prepared to discuss all factual and legal issues in the case, including the possibility of settlement; otherwise, the client must attend in person as well. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 7/24/2019. (Guy, Alicia) (Entered: 07/24/2019)

Docket(#8) Corporate Disclosure Statement by Ground Services International, Inc. (Alexander, Barry) (Entered: 07/15/2019)

Docket(#7) ANSWER to #1 Complaint, by Ground Services International, Inc.. (Alexander, Barry) (Entered: 07/15/2019)

Docket(#6) SUMMONS Returned Executed by British Airways Plc. Ground Services International, Inc. served on 6/25/2019, answer due 7/16/2019. (Battista, Anthony) (Entered: 07/11/2019)

Docket(#5) NOTICE of Appearance by Hailey Jean Barthel on behalf of British Airways Plc (aty to be noticed) (Barthel, Hailey) (Entered: 06/21/2019)

Docket(#4) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 06/21/2019)

Docket(#3) 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: 06/21/2019)

Docket(#2) Summons Issued as to Ground Services International, Inc.. (Bowens, Priscilla) (Entered: 06/21/2019)

DocketCase assigned to Chief Judge Dora Lizette Irizarry and Magistrate Judge James Orenstein. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) (Entered: 06/21/2019)

Docket(#1) COMPLAINT against Ground Services International, Inc. filing fee $ 400, receipt number ANYEDC-11595530 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by British Airways Plc. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit A) (Battista, Anthony) (Entered: 06/20/2019)