This case was last updated from PACER on 05/05/2020 at 07:42:38 (UTC).

Malave v. The Long Island Railroad Company

Case Summary

On 03/06/2020 Malave filed a Personal Injury - Federal Employers Liability Act lawsuit against The Long Island Railroad Company. This case was filed in U.S. District Courts, New York Eastern District. The Judges overseeing this case are James Orenstein and William F. Kuntz, II. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:20-CV-01234

  • Filing Date:

    03/06/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Federal Employers Liability Act

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Eastern District

Judge Details

Referral Judge

James Orenstein

Presiding Judge

William F. Kuntz, II

 

Party Details

Plaintiff

Jose A Malave

Defendant

The Long Island Railroad Company

Attorney/Law Firm Details

Plaintiff Attorney

Philip John Vogt

Attorney at The Law Office of Philip P. Vogt, PLLC

5 Penn Plaza, 23Rd Floor

New York, NY 10001

Defendant Attorney

Christopher J Pogan

Attorney at Salenger Sack Kimmel & Bavaro LLP

180 Froehlich Farm Blvd

Woodbury, NY 11797

 

Court Documents

#11

(#11) SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: April 17, 2020. First request for production of documents and first request for interrogatories due by: May 11, 2020. Deadline for joinder of additional parties and amendment of pleadings: May 25, 2020. Status Conference (with joint status report due two business days in advance): June 1, 2020, at 10:00 a.m. Fact discovery to be completed by: July 20, 2020. Plaintiff's expert disclosures due by: August 24, 2020. Defendant's expert disclosures due by: October 5, 2020. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: October 5, 2020. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): October 19, 2020, at 9:30 a.m. Dispositive motion process started by: November 2, 2020. Joint pretrial order due by: December 7, 2020. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 4/20/2020. (Orenstein, James) (Entered: 04/20/2020)

#10

(#10) Minute Entry for proceedings held before Magistrate Judge James Orenstein: Initial Conference Hearing held on 4/20/2020. Scheduling: The next pretrial conference will be held on October 19, 2020, at 9:30 a.m. Summary: 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. (Orenstein, James) (Entered: 04/20/2020)

#9

(#9) Proposed Scheduling Order by Jose A Malave (Chiatto, Elizabeth) (Entered: 04/16/2020)

#8

(#8) SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to attend an initial discovery planning conference on April 20, 2020, at 11:00 a.m. that will take place telephonically. The call-in information for the telephone conference is 1-877-336-1839 and the access code is 391-4302. I respectfully direct all counsel to call in to the telephone conference five minutes before the conference begins. If any party has any difficulty accessing the telephone conference, please contact chambers at Orenstein_Chambers@nyed.uscourts.gov. No later than April 16, 2020, 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 as well. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 4/1/2020. (Almonte, Kelly) (Entered: 04/01/2020)

#7

(#7) ANSWER to #1 Complaint, by The Long Island Railroad Company. (Pogan, Christopher) (Entered: 03/30/2020)

#6

(#6) Corporate Disclosure Statement by The Long Island Railroad Company identifying Corporate Parent MTA, Other Affiliate MTA Bridges and Tunnels, Other Affiliate MTA New York City Transit, Other Affiliate MTA Capital Construction, Other Affiliate MTA Bus Company and MTA Staten Island Railway, Other Affiliate MTA Metro North Commuter Railroad for The Long Island Railroad Company. (Pogan, Christopher) (Entered: 03/30/2020)

#5

(#5) NOTICE of Appearance by Christopher J Pogan on behalf of The Long Island Railroad Company (aty to be noticed) (Pogan, Christopher) (Entered: 03/30/2020)

#4

(#4) Summons Issued as to The Long Island Railroad Company. (Davis, Kimberly) (Entered: 03/09/2020)

#3

(#3) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 03/09/2020)

#2

(#2) 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. (Davis, Kimberly) (Entered: 03/09/2020)

1 #2

Civil Cover Sheet

1 #1

Proposed Summons

#1

(#1) COMPLAINT against The Long Island Railroad Company filing fee $ 400, receipt number ANYEDC-12498292 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Jose A Malave. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Vogt, Philip) (Entered: 03/06/2020)

2 More Documents Available

 

Docket Entries

  • 04/20/2020
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  • Docket(#11) SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: April 17, 2020. First request for production of documents and first request for interrogatories due by: May 11, 2020. Deadline for joinder of additional parties and amendment of pleadings: May 25, 2020. Status Conference (with joint status report due two business days in advance): June 1, 2020, at 10:00 a.m. Fact discovery to be completed by: July 20, 2020. Plaintiff's expert disclosures due by: August 24, 2020. Defendant's expert disclosures due by: October 5, 2020. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: October 5, 2020. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): October 19, 2020, at 9:30 a.m. Dispositive motion process started by: November 2, 2020. Joint pretrial order due by: December 7, 2020. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 4/20/2020. (Orenstein, James) (Entered: 04/20/2020)

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  • 04/20/2020
  • View Court Documents
  • Docket(#10) Minute Entry for proceedings held before Magistrate Judge James Orenstein: Initial Conference Hearing held on 4/20/2020. Scheduling: The next pretrial conference will be held on October 19, 2020, at 9:30 a.m. Summary: 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. (Orenstein, James) (Entered: 04/20/2020)

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  • 04/16/2020
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  • Docket(#9) Proposed Scheduling Order by Jose A Malave (Chiatto, Elizabeth) (Entered: 04/16/2020)

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  • 04/01/2020
  • View Court Documents
  • Docket(#8) SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to attend an initial discovery planning conference on April 20, 2020, at 11:00 a.m. that will take place telephonically. The call-in information for the telephone conference is 1-877-336-1839 and the access code is 391-4302. I respectfully direct all counsel to call in to the telephone conference five minutes before the conference begins. If any party has any difficulty accessing the telephone conference, please contact chambers at Orenstein_Chambers@nyed.uscourts.gov. No later than April 16, 2020, 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 as well. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 4/1/2020. (Almonte, Kelly) (Entered: 04/01/2020)

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  • 03/30/2020
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  • Docket(#7) ANSWER to #1 Complaint, by The Long Island Railroad Company. (Pogan, Christopher) (Entered: 03/30/2020)

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  • 03/30/2020
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  • Docket(#6) Corporate Disclosure Statement by The Long Island Railroad Company identifying Corporate Parent MTA, Other Affiliate MTA Bridges and Tunnels, Other Affiliate MTA New York City Transit, Other Affiliate MTA Capital Construction, Other Affiliate MTA Bus Company and MTA Staten Island Railway, Other Affiliate MTA Metro North Commuter Railroad for The Long Island Railroad Company. (Pogan, Christopher) (Entered: 03/30/2020)

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  • 03/30/2020
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  • Docket(#5) NOTICE of Appearance by Christopher J Pogan on behalf of The Long Island Railroad Company (aty to be noticed) (Pogan, Christopher) (Entered: 03/30/2020)

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  • 03/09/2020
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  • Docket(#4) Summons Issued as to The Long Island Railroad Company. (Davis, Kimberly) (Entered: 03/09/2020)

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  • 03/09/2020
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  • Docket(#3) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 03/09/2020)

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  • 03/09/2020
  • View Court Documents
  • Docket(#2) 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. (Davis, Kimberly) (Entered: 03/09/2020)

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  • 03/09/2020
  • DocketCase Assigned to Judge William F. Kuntz, II 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. (Davis, Kimberly) (Entered: 03/09/2020)

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  • 03/06/2020
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  • Docket(#1) COMPLAINT against The Long Island Railroad Company filing fee $ 400, receipt number ANYEDC-12498292 Was the Disclosure Statement on Civil Cover Sheet completed -no,, filed by Jose A Malave. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (Vogt, Philip) (Entered: 03/06/2020)

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