Mata v. Avianca, Inc.

Federal Civil Lawsuit New York Southern District Court, Case No. 1:22-cv-01461-PKC
District Judge P. Kevin Castel, presiding
Tags
District Judge P. Kevin Castel
Last Updated July 7, 2023 at 11:42 AM EDT (1.5 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Roberto Mata, Plaintiff

Represented by Levidow, Levidow & Oberman, PC

Name Phone Fax E-Mail
Space Peter Paul LoDuca +1 212 964 3290 +1 212 571 1053 p.loduca@levidow.com
v.
No Logo Avianca, Inc., Defendant

Represented by Condon & Forsyth LLP

Name Phone Fax E-Mail
Space Bartholomew James Banino +1 212 894 6818 +1 212 370 4453 bbanino@condonlaw.com
Space Marissa N. Lefland +1 212 490 9100 +1 212 370 4453 mlefland@condonlaw.com
Attributes
Office Foley Square
Filed 2/22/2022
Jury Demand None
Demand
Nature of Suit 310 - Personal Injury: Airplane
Cause Section 28 U.S.C. § 1331 Fed. Question
Jurisdiction Federal Question
Disposition
County XX Out of State
Terminated
Origin 2
Reopened
Lead Case
None
Related Case
None
Other Court Case 151004-22[State Court - Supreme]
Defendant Custody Status
Flag ECF
Timeline
  Entries (67) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 59 Filed: 7/7/2023, Entered: None Judgment - Clerk
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Legal Document (Payment Possibly Required) 58 Filed: 7/6/2023, Entered: None Order
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Legal Document (Payment Possibly Required) 57 Filed: 7/5/2023, Entered: None Letter
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Legal Document (Payment Possibly Required) 56 Filed: 6/30/2023, Entered: None Order
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Legal Document (Payment Possibly Required) 55 Filed: 6/22/2023, Entered: None Memorandum & Opinion
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Legal Document (Payment Possibly Required) 54 Filed: 6/22/2023, Entered: None Memorandum & Opinion
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Legal Document (Payment Possibly Required) 53 Filed: 6/16/2023, Entered: None Notice of Filing Transcript
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Legal Document (Payment Possibly Required) 52 Filed: 6/16/2023, Entered: None Transcript
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Legal Document (Payment Possibly Required) 51 Filed: 6/8/2023, Entered: None Affidavit in Support (Non-Motion)
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Legal Document (Payment Possibly Required) 50 Filed: 6/8/2023, Entered: None Letter
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Legal Document (Payment Possibly Required) 49 Filed: 6/8/2023, Entered: None Memorandum of Law (non-motion)
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Legal Document 48 Filed: 6/6/2023, Entered: 6/6/2023 Declaration
DECLARATION of Ashley K. Alger re: [33] Order to Show Cause,,,,,,,,,,, . Document filed by Levidow, Levidow & Oberman, P.C., Steven Schwartz. (Attachments: # (1) Exhibit A (part 1), # (2) Exhibit A (part 2), # (3) Exhibit A (part 3), # (4) Exhibit A (part 4), # (5) Exhibit B, # (6) Exhibit C (part 1), # (7) Exhibit C (part 2), # (8) Exhibit C (part 3), # (9) Exhibit D, # (10) Exhibit E (part 1), # (11) Exhibit E (part 2), # (12) Exhibit E (part 3)).(Maulsby, Tyler)
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Legal Document 47 Filed: 6/6/2023, Entered: 6/6/2023 Declaration
DECLARATION of Thomas R. Corvino, Esq. re: [33] Order to Show Cause,,,,,,,,,,, . Document filed by Levidow, Levidow & Oberman, P.C., Steven Schwartz..(Maulsby, Tyler)
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Legal Document 46 Filed: 6/6/2023, Entered: 6/6/2023 Declaration
DECLARATION of Steven A. Schwartz, Esq. re: [33] Order to Show Cause,,,,,,,,,,, . Document filed by Levidow, Levidow & Oberman, P.C., Steven Schwartz. (Attachments: # (1) Exhibit A, # (2) Exhibit B).(Maulsby, Tyler)
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Legal Document 45 Filed: 6/6/2023, Entered: 6/6/2023 Memorandum of Law
MEMORANDUM OF LAW re: [33] Order to Show Cause,,,,,,,,,,, . Document filed by Levidow, Levidow & Oberman, P.C., Steven Schwartz..(Maulsby, Tyler)
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Legal Document 44 Filed: 6/6/2023, Entered: 6/6/2023 Declaration
DECLARATION of Catherine M. Foti re: [33] Order to Show Cause,,,,,,,,,,, . Document filed by Peter Loduca. (Attachments: # (1) Exhibit Declaration of Peter LoDuca).(Foti, Catherine)
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Legal Document 43 Filed: 6/2/2023, Entered: 6/2/2023 LetterCourt Filing
JOINT LETTER addressed to Judge P. Kevin Castel from Tyler Maulsby dated June 2, 2023 re: individuals available to present testimony at the June 8, 2023 hearing. Document filed by Levidow, Levidow & Oberman, P.C., Steven Schwartz..(Maulsby, Tyler)
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Legal Document 42 Filed: 6/1/2023, Entered: 6/1/2023 Memo EndorsementCourt Filing
MEMO ENDORSEMENT: on re: [41] Letter filed by Peter Loduca. ENDORSEMENT: Mr. LoDuca is differently situated from Mr. Schwartz and the Firm. He has awarded himself of a full and fair opportunity to respond to the Court's OSC regarding non-existent case law and three (3) possible grounds for sanctions. He is not entitled to a do-over. The only point of response to to the supplemental OSC of May 26 is whether he, in fact, physically appeared before Mr. Schwartz, a notary public, on April 25, 2023 and took an oath to tell the truth. That should be a simple and straight forward matter. But if he needs until June 6, 2023 to respond on this point he may have the time. Application Granted. SO ORDERED., ( Show Cause Response due by 6/6/2023.) (Signed by Judge P. Kevin Castel on 6/01/2023) (ama)
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Legal Document 41 Filed: 6/1/2023, Entered: 6/1/2023 LetterCourt Filing
LETTER addressed to Judge P. Kevin Castel from Catherine M. Foti dated June 1, 2023 re: Extension to respond to Order to Show Cause dated May 26, 2023. Document filed by Peter Loduca..(Foti, Catherine)
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Legal Document 40 Filed: 6/1/2023, Entered: 6/1/2023 Notice of Appearance
NOTICE OF APPEARANCE by Penina Moisa on behalf of Peter Loduca..(Moisa, Penina)
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Legal Document 39 Filed: 6/1/2023, Entered: 6/1/2023 Notice of Appearance
NOTICE OF APPEARANCE by Catherine Foti on behalf of Peter Loduca..(Foti, Catherine)
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Legal Document 38 Filed: 5/31/2023, Entered: 5/31/2023 Order on motion for extension of timeCourt Filing
ORDER: granting [37] Letter Motion for Extension of Time. The time for the written response of Mr. Schwartz and the Firm to the OSC is extended to June 6, 2023. The Hearing remains scheduled for June 8, 2023. SO ORDERED. Show Cause Response due by 6/6/2023. (Signed by Judge P. Kevin Castel on 5/31/2023) (ama)
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Legal Document 37 Filed: 5/31/2023, Entered: 5/31/2023, Terminated: 5/31/2023 Motion for Extension of TimeCourt Filing
CONSENT LETTER MOTION for Extension of Time to Submit Responses to Order to Show Cause dated May 26, 2023 addressed to Judge P. Kevin Castel from Tyler Maulsby dated May 31, 2023. Document filed by Levidow, Levidow & Oberman, P.C., Steven Schwartz..(Maulsby, Tyler)
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Blank  Filed: None, Entered: None set/reset hearings
Set/Reset Hearings: Show Cause Hearing set for 6/8/2023 at 12:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (ama)
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Blank  Filed: None, Entered: None set/reset hearings
Set/Reset Hearings: Show Cause Hearing set for 6/8/2023 at 12:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (ama)
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Legal Document 36 Filed: 5/30/2023, Entered: 5/30/2023 Notice of Appearance
NOTICE OF APPEARANCE by Ashley Kirsten Alger on behalf of Levidow, Levidow & Oberman, P.C., Steven Schwartz..(Alger, Ashley)
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Legal Document 35 Filed: 5/30/2023, Entered: 5/30/2023 Notice of Appearance
NOTICE OF APPEARANCE by Tyler Maulsby on behalf of Levidow, Levidow & Oberman, P.C., Steven Schwartz..(Maulsby, Tyler)
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Legal Document 34 Filed: 5/30/2023, Entered: 5/30/2023 Notice of Appearance
NOTICE OF APPEARANCE by Ronald Charles Minkoff on behalf of Levidow, Levidow & Oberman, P.C., Steven Schwartz..(Minkoff, Ronald)
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Legal Document 33 Filed: 5/26/2023, Entered: 5/26/2023 Order to Show CauseCourt Filing
ORDER TO SHOW CAUSE: This Order incorporates the Court's Order of May 4, 2023. Having received and reviewed the "Affidavit in Response to Order of May 4, 2023" filed by Peter LoDuca and the Affidavit of Steven A. Schwartz annexed thereto (ECF 32), the Court ORDERS as follows: Let Mr. LoDuca also show cause at the hearing of June 8, 2023 why he ought not be sanctioned pursuant to (1) Rule 11(b)(2) & (c), Fed. R. Civ. P., (2) 28 U.S.C. § 1927, and (3) the inherent power of the Court for the use of a false and fraudulent notarization in his affidavit filed on April 25, 2023 (ECF 29). Let the law firm of Levidow, Levidow & Oberman, P.C. (the "Levidow Firm"), show cause at the hearing of June 8, 2023 why it not be sanctioned pursuant to (1) Rule 11(b)(2) & (c), Fed. R. Civ. P., (2) 28 U.S.C. § 1927, and (3) the inherent power of the Court for the following: (A) the citation of non-existent cases to the Court in the Affirmation in Opposition filed on March 1, 2023 (ECF 21); (B) the submission to the Court of copies of non-existent judicial opinions annexed to the Affidavit filed on April 25, 2023; and (C) the use of a false and fraudulent notarization in the affidavit filed on April 25, 2023. Let Steven Schwartz show cause at the hearing of June 8, 2023 why he ought not be sanctioned pursuant to (1) Rule 11(b)(2) & (c), Fed. R. Civ. P., (2) 28 U.S.C. § 1927, and (3) the inherent power of the Court and referred to the Attorney Grievance Committee of the Appellate Division, First Department, and/or the Committee on Grievances of this District for aiding and causing (A) the citation of non-existent cases to the Court in the Affirmation in Opposition filed on March 1, 2023; (B) the submission to the Court of copies of non-existent judicial opinions annexed to the Affidavit filed on April 25, 2023; and (C) the use of a false and fraudulent notarization in the affidavit filed on April 25, 2023. Mr. LoDuca is ordered to serve a copy of this Order to Show Cause upon his employer, the law firm of Levidow, Levidow & Oberman, P.C., and upon Mr. Schwartz, who Mr. LoDuca states he intends to call as a witness at the hearing of June 8, 2023. Mr. Schwartz and the Levidow Firm shall submit a written response to this Order and Mr. LoDuca shall submit a supplemental written response to this Order by June 2, 2023. If Mr. LoDuca, Mr. Schwartz or the Levidow Firm wishes to call live witnesses at the June 8, 2023 hearing, subject to cross-examination, they shall identify them in writing by June 2, 2023. SO ORDERED. Show Cause Hearing set for 6/8/2023 at 12:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 5/26/2023) (ama)
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Legal Document 32 Filed: 5/25/2023, Entered: 5/25/2023 Affidavit in Opposition to Motion
AFFIDAVIT of Peter LoDuca in Opposition re: [16] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Roberto Mata. (Attachments: # (1) Affidavit Affidavit of Steven Schwartz).(LoDuca, Peter)
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Legal Document 31 Filed: 5/4/2023, Entered: 5/4/2023 Order to Show CauseCourt Filing
ORDER TO SHOW CAUSE: Let Peter LoDuca, counsel for plaintiff, show cause in person at 12 noon on June 8, 2023 in Courtroom 11D, 500 Pearl Street, New York, NY, why he ought not be sanctioned pursuant to: (1) Rule 11(b)(2) & (c), Fed. R. Civ. P., (2) 28 U.S.C. § 1927, and (3) the inherent power of the Court, for (A) citing non-existent cases to the Court in his Affirmation in Opposition (ECF 21), and (B) submitting to the Court annexed to his Affidavit filed April 25, 2023 copies of non-existent judicial opinions (ECF 29).2 Mr. LoDuca shall also file a written response to this Order by May 26, 2023. If Mr. LoDuca wishes to call live witnesses at the June 8, 2023 hearing, subject to cross-examination, he shall state so in his submission of May 26, identifying the name of the witness or witnesses. Defendant may respond by June 2, 2023. And as set forth herein. SO ORDERED. Show Cause Hearing set for 6/8/2023 at 12:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 5/04/2023) (ama)
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Legal Document 30 Filed: 4/26/2023, Entered: 4/26/2023 LetterCourt Filing
LETTER addressed to Judge P. Kevin Castel from Bartholomew J. Banino dated April 26, 2023 re: Plaintiff's submission at Docket No. 29. Document filed by Avianca, Inc...(Banino, Bartholomew)
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Legal Document 29 Filed: 4/25/2023, Entered: 4/25/2023 response in opposition to motion
RESPONSE in Opposition to Motion re: [16] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). . Document filed by Roberto Mata. (Attachments: # (1) Exhibit Varghese v. China Southern Airlines, # (2) Exhibit Shaboon v. Egypt Air, # (3) Exhibit Peterson v. Iran Air, # (4) Exhibit Martinez v. Delta Airlines, # (5) Exhibit Estate of Durden v. KLM Royal Dutch Airlines, # (6) Exhibit Ehrlich v. American Airlines, # (7) Exhibit Miller v. United Airlines, Inc., # (8) Exhibit Ttivelloni-Lorenzi v. Pan American World Airways, Inc.).(LoDuca, Peter)
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Legal Document 28 Filed: 4/12/2023, Entered: 4/12/2023 Order on Motion for Extension of Time to File Response / ReplyCourt Filing
ORDER: granting [26] Letter Motion for Extension of Time to File Response/Reply re [26] FIRST LETTER MOTION for Extension of Time to File Response/Reply as to [25] Order. addressed to Judge P. Kevin Castel from Peter LoDuca dated April 12, 2023. Mr. Lo Duca's time to comply with the Orders of April 11 and 12 is extended to April 25, 2023. SO ORDERED. Responses due by 4/25/2023. (Signed by Judge P. Kevin Castel on 4/12/2023) (ama)
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Legal Document 27 Filed: 4/12/2023, Entered: 4/12/2023 OrderCourt Filing
ORDER: Mr. LoDuca's affidavit which he is required to file by April 18, 2022 (See Order of April 11, 2023) shall also annex a copy of Zicherman v. Korean Air Lines Co., Ltd., 516 F.3d 1237, 1254 (11th Cir. 2008). SO ORDERED. (Signed by Judge P. Kevin Castel on 4/12/2023) (ama) Modified on 4/24/2023 (ama).
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Legal Document 26 Filed: 4/12/2023, Entered: 4/12/2023, Terminated: 4/12/2023 Motion for Extension of Time to File Response/ReplyCourt Filing
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to [25] Order, addressed to Judge P. Kevin Castel from Peter LoDuca dated April 12, 2023. Document filed by Roberto Mata..(LoDuca, Peter)
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Legal Document 25 Filed: 4/11/2023, Entered: 4/11/2023 OrderCourt Filing
ORDER: By April 18, 2022, Peter Lo Duca, counsel of record for plaintiff, shall file an affidavit annexing copies of the following cases cited in his submission to this Court: as set forth herein. Failure to comply will result in dismissal of the action pursuant to Rule 41 (b), Fed. R. Civ. P. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/11/2023) (ama)
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Legal Document 24 Filed: 3/15/2023, Entered: 3/15/2023 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [16] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). . Document filed by Avianca, Inc...(Banino, Bartholomew)
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Legal Document 23 Filed: 3/3/2023, Entered: 3/3/2023 Memo EndorsementCourt Filing
MEMO ENDORSEMENT on re: [22] Letter filed by Avianca, Inc.. ENDORSEMENT: Reply due March 15, 2023. SO ORDERED. ( Replies due by 3/15/2023.) (Signed by Judge P. Kevin Castel on 3/3/2023) (tg)
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Legal Document 22 Filed: 3/2/2023, Entered: 3/2/2023 LetterCourt Filing
LETTER addressed to Judge P. Kevin Castel from Bartholomew J. Banino dated March 2, 2023 re: confirmation that Avianca's reply brief is due on March 15, 2023. Document filed by Avianca, Inc...(Banino, Bartholomew)
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Legal Document 21 Filed: 3/1/2023, Entered: 3/1/2023 Affirmation in Opposition to Motion
AFFIRMATION of Peter LoDuca in Opposition re: [16] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Roberto Mata. (Attachments: # (1) Exhibit original summons and complaint, # (2) Exhibit stipulation of discontinuance concerning original action, # (3) Exhibit new summons and complaint which is subject of this action).(LoDuca, Peter)
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Legal Document 20 Filed: 1/19/2023, Entered: 1/19/2023 Order on Motion for Extension of Time to File Response / ReplyCourt Filing
ORDER granting [19] Letter Motion for Extension of Time to File Response/Reply re [19] FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge P. Kevin Castel from Steven Schwartz dated 01/18/2023. Application GRANTED. SO ORDERED. Responses due by 3/3/2023. (Signed by Judge P. Kevin Castel on 1/19/2023) (rro)
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Legal Document 19 Filed: 1/18/2023, Entered: 1/18/2023, Terminated: 1/19/2023 Motion for Extension of Time to File Response/ReplyCourt Filing
FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge P. Kevin Castel from Steven Schwartz dated 01/18/2023. Document filed by Roberto Mata. Return Date set for 2/3/2023 at 05:00 PM..(LoDuca, Peter)
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Legal Document 18 Filed: 1/13/2023, Entered: 1/13/2023 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: [16] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). . Document filed by Avianca, Inc...(Banino, Bartholomew)
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Legal Document 17 Filed: 1/13/2023, Entered: 1/13/2023 Declaration in Support of Motion
DECLARATION of Bartholomew J Banino in Support re: [16] MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Avianca, Inc.. (Attachments: # (1) Exhibit A - Voluntary Petition, # (2) Exhibit B - Summons & Complaint, # (3) Exhibit C - Notice of Removal).(Banino, Bartholomew)
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Legal Document 16 Filed: 1/13/2023, Entered: 1/13/2023 Motion to Dismiss
MOTION to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Document filed by Avianca, Inc...(Banino, Bartholomew)
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Legal Document 15 Filed: 11/17/2022, Entered: 11/17/2022 Memo EndorsementCourt Filing
MEMO ENDORSEMENT: on re: [14] Letter, filed by Avianca, Inc. ENDORSEMENT: Defendant Avianca may file its motion to dismiss by January 13, 2023. Plaintiff may respond by February 3 and Defendant may reply by February 17. SO ORDERED., ( Motions due by 1/13/2023., Responses due by 2/3/2023, Replies due by 2/17/2023.) (Signed by Judge P. Kevin Castel on 11/17/2022) (ama)
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Legal Document 14 Filed: 11/14/2022, Entered: 11/14/2022 LetterCourt Filing
LETTER addressed to Judge P. Kevin Castel from Bartholomew J. Banino dated November 14, 2022 re: letter in response and in accordance with the Order issued by the Court on October 31, 2022 [Dkt. 13].. Document filed by Avianca, Inc...(Banino, Bartholomew)
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Legal Document 13 Filed: 10/31/2022, Entered: 10/31/2022 Memo EndorsementCourt Filing
MEMO ENDORSEMENT: on re: [12] Letter filed by Roberto Mata. ENDORSEMENT: Bartholomew J. Banino and Marissa N. Lefland, counsel of record for AVIANCA, INC. are ORDERED to provide a copy of any policy of liability insurance arguably providing coverage for plaintiff's claim within 14 days, together with a letter response to the letter of May 5, 2022. (Doc. 11). SO ORDERED. (Signed by Judge P. Kevin Castel on 10/31/2022) (ama)
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Legal Document 12 Filed: 10/27/2022, Entered: 10/27/2022 LetterCourt Filing
FIRST LETTER addressed to Judge P. Kevin Castel from Steven Schwartz dated October 27, 2022 re: Case status. Document filed by Roberto Mata..(LoDuca, Peter)
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Legal Document 11 Filed: 5/5/2022, Entered: 5/5/2022 LetterCourt Filing
LETTER addressed to Judge P. Kevin Castel from Steven Schwartz dated May 5, 2022 re: Why this matter should not be dismissed due to bankruptcy. Document filed by Roberto Mata..(LoDuca, Peter)
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Blank  Filed: None, Entered: None Pretrial Conference - Initial
Minute Entry Initial Pretrial Conference held on 4/29/2022. By the close of business today, defendant shall provide plaintiff with the Bankruptcy Courts plan confirmation and injunction. Plaintiff is ordered to show cause in writing by May 6, 2022 why the action should not be dismissed. (Nacanther, Florence)
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Legal Document 10 Filed: 4/20/2022, Entered: 4/20/2022 LetterCourt Filing
JOINT LETTER addressed to Judge P. Kevin Castel from the parties dated April 20, 2022 Document filed by Avianca, Inc...(Banino, Bartholomew)
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Legal Document 9 Filed: 4/14/2022, Entered: 4/15/2022 OrderCourt Filing
ORDER, The Initial Pretrial Conference in the matter scheduled for April 22, 2022 is adjourned to April 29, 2022 at 11:30 a.m. Call-In: 1-888-363-4749. Access Code: 3667981. SO ORDERED. ( Initial Conference set for 4/29/2022 at 11:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 4/14/22) (yv)
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Legal Document 8 Filed: 3/31/2022, Entered: 3/31/2022 Notice of Appearance
NOTICE OF APPEARANCE by Peter Paul LoDuca on behalf of Roberto Mata, Roberto Mata..(LoDuca, Peter)
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Legal Document 7 Filed: 3/10/2022, Entered: 3/10/2022 Notice of Appearance
NOTICE OF APPEARANCE by Marissa Nicole Lefland on behalf of Avianca, Inc...(Lefland, Marissa)
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Legal Document 6 Filed: 2/23/2022, Entered: 2/23/2022 Order for Initial Pretrial ConferenceCourt Filing
ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference by telephone set for 4/22/2022 at 11:00 AM before Judge P. Kevin Castel. The call-in information for all teleconferences is: Dial-in: (888) 363-4749 Access Code: 3667981. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/23/2022) (vfr)
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Legal Document 5 Filed: 2/23/2022, Entered: 2/23/2022 Notice of Removal
NOTICE OF REMOVAL from Supreme Court State of New York, County of New York. Case Number: 151004/2022..Document filed by Avianca, Inc.. (Attachments: # (1) Exhibit Exhibit A - Summons and Complaint - NY County Supreme Court).(Banino, Bartholomew)
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Blank  Filed: None, Entered: None Case Designated ECF.
Case Designated ECF. (sj)
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Blank  Filed: None, Entered: None Case Designation
Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj)
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Blank  Filed: None, Entered: None Case Opening Initial Assignment Notice
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Case Opening Statistical Error Correction
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Bartholomew James Banino. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (sj)
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Blank  Filed: None, Entered: None Notice to Attorney Regarding Deficient Pleading
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Bartholomew James Banino to RE-FILE Document No. [1] Notice of Removal. The filing is deficient for the following reason(s): Pursuant to ECF Filing Rule 13.3, Notice of Removal exhibits must be filed as attachments and labeled. Each attachment must be clearly titled in the ECF entry so the subject of the exhibit is clear. They cannot be labeled "Exhibit A, Exhibit B, etc.". Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)
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Legal Document 4 Filed: 2/22/2022, Entered: 2/22/2022 Answer to Complaint
ANSWER to Complaint. Document filed by Avianca, Inc...(Banino, Bartholomew)
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Legal Document 3 Filed: 2/22/2022, Entered: 2/22/2022 Civil Cover Sheet
CIVIL COVER SHEET filed..(Banino, Bartholomew)
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Legal Document 2 Filed: 2/22/2022, Entered: 2/22/2022 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Avianca Group International Limited (formerly Avianca Holdings S.A.) for Avianca, Inc.. Document filed by Avianca, Inc...(Banino, Bartholomew)
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Legal Document 1 Filed: 2/22/2022, Entered: 2/22/2022 Notice of Removal
FILING ERROR - EXHIBITS NOT CLEARLY TITLED NOTICE OF REMOVAL from Supreme Court State of New York, County of New York. Case Number: 151004/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-25765897).Document filed by Avianca, Inc...(Banino, Bartholomew) Modified on 2/23/2022 (sj).
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