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 28 |
Filed: 5/22/2003, Entered: None |
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Transcript of record of proceedings before Judge Milton Pollack for the date(s) of 3/11/02. (pr) (Entered: 05/22/2003)
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| 27 |
Filed: 3/13/2003, Entered: None |
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Memorandum to Docket Clerk: Trial begun and continued 3/11/03. Trial concluded on 3/12/03. (ph) (Entered: 03/25/2003)
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Request |
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| 26 |
Filed: 3/18/2003, Entered: None |
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JUDGMENT that the complaint be and it is hereby dismissed. ( signed by Judge Milton Pollack ). Mailed copies and notice of right to appeal. Entered On Docket: 3/19/03. (kw) (Entered: 03/19/2003)
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| 25 |
Filed: 1/9/2002, Entered: None |
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TRIAL BRIEF by Stanley-Bostitch (bai) (Entered: 01/10/2002)
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Request |
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| 24 |
Filed: 10/30/2000, Entered: None |
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STIPULATION AND ORDER; that pltffs withdraw with prejudice those causes of action for negligence, breach of warranty, defective design, defective manufacture, and punitive damages. That the parties shall proceed to trial on pltff's claims for defective, inadequate, and/or insufficient warnings only. That the pneumatic nailer utilized by pltff Teofilo Ortiz at the time and place of the occurrence was a product designed, manufactured and leased by deft to pltff's employer North Eastern Pallet Exchange. Court is looking forward to ourt of court resolution of these issues as well. ( signed by Judge Richard M. Berman ) (sac) (Entered: 10/30/2000)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 23 |
Filed: 10/17/2000, Entered: None |
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Memo-Endorsement on letter addressed to Judge Berman from James A. Gallagher, Jr., dated 10/13/00 Re: regarding resolving issues addressed in the summary judgment and the remaining liability issue to be resolved of plntf's claim of failure to warn; Good. And may I suggest that you try to settle remaining issue or, alternativiely, that you try it before Mag Judge Eaton ( signed by Judge Richard M. Berman ); Copies mailed. (cd) Modified on 10/18/2000 (Entered: 10/17/2000)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 22 |
Filed: 8/16/2000, Entered: None |
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ORDER, ithat the Court rejects the conclusion(s) of the Report and Recommendation; the Court will entertain Bostitch's application for a pre-motion conference in connection with its application to file a motion for summary judgment; counsel are requested forthwith to contact the Court Deputy to set a pre-motion conference with the Court ( signed by Judge Richard M. Berman ); Copies mailed. (lam) (Entered: 08/18/2000)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 21 |
Filed: 7/5/2000, Entered: None |
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OBJECTION by Stanley-Bostitch to [20-1] report and recommendations. (ri) (Entered: 07/06/2000)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 20 |
Filed: 6/27/2000, Entered: None |
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REPORT AND RECOMMENDATIONS of Magistrate Judge Douglas F. Eaton Re: I recommend that the Court deny the deft's request for a pre-motion conference and deny any request for permission to file a pre-trial motion for summary judgment; Objections to R and R due by 7/11/00. (lam) (Entered: 06/30/2000)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 19 |
Filed: 6/15/2000, Entered: None |
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Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for dispositive motion (i.e. motion requiring a report and recommendation; (signed by Judge Richard M. Berman) Referred to Magistrate Judge Douglas F. Eaton. (djc) (Entered: 06/16/2000)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 18 |
Filed: 5/18/2000, Entered: None |
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MEMORANDUM AND ORDER, defendant Stanley-Bostitch, Inc. ("Bostitch") moves to preclude any opinion testimony from Neal A. Growney, P.E., a mechanical engineer retained by plaintiff Teofilo Ortiz ("Ortiz"). The parties have presented this disputed motion to me in the form of a 5/12/00 joint letter. I find that Growney should be permitted to testify about the opinions summarized at paragraph 6.1 of his report, but not about the opinions at paragraphs 6.2 throught 6.6. If either party wishes to make a dispositive motion, it should submit a letter to Judge Berman by 6/14/00, which (a) does not exceed three pages, (b) sets forth the basis of the anticipated motion, and (c) requests a pre-motion conference with Judge Berman. If no such letter is submitted, then plaintiffs must serve their sections of the pre-trial order by 7/10/00 and the joint pre-trial order must be submitted to Judge Berman within three weeks after the plaintiffs serve their sections ; ( signed by Magistrate Judge Douglas F. Eaton ); copies mailed. (kw) (Entered: 05/19/2000)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 17 |
Filed: 5/17/2000, Entered: None |
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Joint letter filed addressed to Magistrate Judge Eaton from Anthony D. Grande, Esq. and James A. Gallagher, Jr., Esq., dated 5/12/00, re: plaintiffs' expert. (kw) (Entered: 05/18/2000)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 16 |
Filed: 2/23/2000, Entered: None |
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Memo-Endorsement on letter addressed to Judge Berman from David H. Arntsen, dated 02/15/00; Re: counsel to defendant requests a hearing and/or motion shcedule to exclude the testimony of the plaintiff's expert Neal Growney; Counsel to forthwith contact Magistrate Judge Eaton to resolve this discovery matter ; (signed by Judge Richard M. Berman); Copies mailed. (djc) (Entered: 02/23/2000)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 15 |
Filed: 2/14/2000, Entered: None |
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MEMORANDUM AND ORDER, I have reviewed Mr. Gallagher's February 8 letter, Mr. Grande's February 9 affidavit and the six pages submitted to me for in camera review. Accordingly, I sustain Mr. Grande's invocation of the work product privilege ( signed by Magistrate Judge Douglas F. Eaton ); Copies mailed. (kw) (Entered: 02/16/2000)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 14 |
Filed: 1/14/2000, Entered: None |
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Memo-Endorsement on letter addressed to Magistrate Judge Eaton from David H. Arntsen. Re: granting defendant's counsel's request for an extension of time of discovery as follows: plaintiff's expert discovery to be completed by 2/7/00 ; defendant's expert report to be provided to plaintiff's counsel by 2/21/00; discovery of defendant's expert to be completed by 3/7/00. I will not grant any further extensions ( signed by Magistrate Douglas F. Eaton ); Copies mailed. (kw) Modified on 01/19/2000 (Entered: 01/18/2000)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 13 |
Filed: 1/11/2000, Entered: None |
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Rule 26(2)(B) Statement. (kw) (Entered: 01/12/2000)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 12 |
Filed: 11/18/1999, Entered: None |
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FINAL AMENDED SCHEDULING ORDER: any proposed expert witness must serve a report in strict compliance w/ Rule 26(a) (2) (B) -- pltffs' experts by 1/7/00, deft's experts by 2/7/00; all discovery of pltffs' experts must be completed by 1/21/00; all discovery of deft's experts must be completed by 2/21/00; any dispositive motion must be served and filed by 3/21/00; if (and only if) no dispositive motion has been made, the joint pre-trial order, in a format that complies w/ the trial Judge's individual rules, must be fld. by 4/21/00; pltffs must serve their sections of the pre-trial order by 4/2/00; ( signed by Magistrate Judge Douglas F. Eaton ); copies mailed. (ls) (Entered: 11/22/1999)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 11 |
Filed: 7/23/1999, Entered: None |
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MEMORANDUM AND AMENDED SCHEDULING ORDER: during the telephone conference on 7/22/99 between Elyse Entin, Law Clerk and Mr. Arntsen and Mr. Grande pltffs agree to withdraw their second set of interrogatories (without waiving their right to serve an amended set); instead, they will depose 2 defense witnesses; the attys also agreed to abide by the following amended scheduling order: Any motion for leave to amend the pleadings or to add parties must be served and filed by 5/3/99; Deft will provide its response to the 6/1/99 document request by 8/6/99; All party depositions will be conducted by 8/30/99; All non-party depositions will be conducted by 9/30/99; All fact discovery must be commenced in time to be completed by 9/30/99; Any proposed expert witness must serve a report in strict compliance with Rule 26(a)(2)(B) -- pltffs' experts by 10/30/99, deft's experts by 11/30/99; All discovery of pltffs' experts must be completed by 11/15/99; All discovery of deft's experts must be completed by 12/15/99; Any dispositive motion must be served and filed by 1/18/00; If no dispositive motion has been made, the joint pre-trial order must be filed by 2/22/00; Pltffs must serve their sections of the pre-trial order by 2/8/00; None of these deadlines will be extended except upon a showing of good cause; Any request for an extension must be made, by fax and by mail, at least 1 wk before the deadline in question, and must state the other parties' positions concerning the proposed alternative date; Counsel was advised that if any future discovery disputes or requests for adjournments should arise, the parties must confer and then send me a single joint letter ( signed by Judge Douglas F. Eaton ); Copies mailed (lam) (Entered: 07/27/1999)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 10 |
Filed: 4/23/1999, Entered: None |
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SCHEDULING ORDER: any motion for leave to amend the pleadings or to add parties must be served and filed by 5/3/99; all fact discovery must be commenced in time to be completed by 7/30/99; any proposed expert witness must serve a report in strict compliance with Rule 26(a)(2)(B) -- plaintiff's experts by 8/30/99, and defendant's experts by 9/30/99. All expert discovery must be commenced in time to be completed by 10/30/99. Any dispositive motion must be served and filed by 11/18/99. If (and only if) no dispositive motion has been made, the joint pre-trial order must be filed by 12/22/99; plaintiffs must serve their sections of the pre-trial order by 12/8/99. None of these deadlines will be extended except upon a showing of good cause. Any request for an extension must be made, by fax and by mail, at least one week before the deadline in question. ( signed by Magistrate Judge Douglas F. Eaton ) ; Copies mailed (kw) (Entered: 04/28/1999)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 9 |
Filed: 1/20/1999, Entered: None |
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ANSWER to Complaint by Stanley-Bostitch. (kw) (Entered: 01/22/1999)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 8 |
Filed: 12/23/1998, Entered: None |
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Notice of reassignment to Judge Richard M. Berman Copy of notice and judge's rules mailed to Attorney(s) of record: James A. Gallagher Jr.. (ri) (Entered: 12/28/1998)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 7 |
Filed: 11/5/1998, Entered: None |
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NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Douglas F. Eaton Copies mailed to Attorney(s) of record: James A. Gallagher Jr., James A. Gallagher Jr. (pl) (Entered: 11/19/1998)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 6 |
Filed: 10/20/1998, Entered: None |
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COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c) (ls) (Entered: 10/21/1998)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 5 |
Filed: 9/23/1998, Entered: None |
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Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for general pretrial (incl. initial case mgmt. conference); ( signed by Judge Sidney H. Stein ); referred to Magistrate Judge Naomi R. Buchwald (ls) (Entered: 09/23/1998)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 4 |
Filed: 9/9/1998, Entered: None |
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ANSWER to Complaint by Stanley-Bostitch, Inc. (Attorney James A. Gallagher Jr.); by attorney James A. Gallagher Jr. (bw) (Entered: 09/10/1998)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 3 |
Filed: 8/31/1998, Entered: None |
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Affidavit of service of Civil Cover Sheet and Notice of Removal as to MOrgan Melhuish, et al., Attorneys for Plaintiffs by mail on 8/27/98 (ae) (Entered: 09/02/1998)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 2 |
Filed: 8/27/1998, Entered: None |
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Rule 9 certificate filed by Stanley-Bostitch. (bw) (Entered: 08/28/1998)
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Request From Archives (Scanning Fees/Delay May Apply) |
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| 1 |
Filed: 8/27/1998, Entered: None |
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NOTICE OF REMOVAL from New York State Court, County of Bronx; Index no. 20650/98; FILING FEE $ 150.00 RECEIPT # 324325 (bw) (Entered: 08/28/1998)
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Request From Archives (Scanning Fees/Delay May Apply) |
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