Case Details

CourtEastern District of New York
Docket number1:95-cv-05258
Date case filed1995-12-18
Date case closed2002-06-24
Date of latest filing
Assigned toMagistrate Judge Robert M. Levy
Case cause28:1441 Petition for Removal- Personal Injury
Nature of suit360 P.I.: Other
Jury demandNone
Demand
JurisdictionDiversity

Case Parties

Party: Dolores Pellegrino
Party type: Plaintiff
Attorney name: Jesse M. Siegel
Attorney Contact:
Law Offices of Jessie M. Siegel
233 Broadway
Suite 2701
New York, NY 10279
212-207-9009
Fax: 212-486-7701
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Trump Taj Mahal Realty Corp.
Party type: Defendant
Attorney name: Alan D. Kaplan ,
Attorney Contact:
Herrick, Feinstein LLP
2 Park Avenue
New York, NY 10016
212-592-1400
Fax:
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joseph A. Latasso
Attorney Contact:
Gallagher Gosseen Faller Kaplan & Crowley
1010 Franklin Avenue
Suite 400
Garden City, NY 11530-2927
(516) 742-2500
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Trump Taj Mahal Associates
Party type: Defendant
Attorney name: Alan D. Kaplan ,
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joseph A. Latasso
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Trump Taj Mahal Corporation
Party type: Defendant
Attorney name: Alan D. Kaplan ,
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joseph A. Latasso
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Trump Taj Mahal Inc.
Party type: Defendant
Attorney name: Alan D. Kaplan ,
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joseph A. Latasso
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Trump Taj Mahal Funding, Inc.
Party type: Defendant
Attorney name: Alan D. Kaplan ,
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joseph A. Latasso
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
11995-12-18 NOTICE OF REMOVAL filed from the Supreme Court of the State of New York, County of Kings; FILING FEE $ 120.00 RECEIPT # 42210 (Han, Jason) (Entered: 12/21/1995)
21995-12-22 REQUEST for Certification of Damages from Arb. Clerk, Rita Credle to Siegel, Martin & Heilbrun. Response due on or before 1-12-96. c/m (Credle, Rita) (Entered: 12/22/1995)
31995-12-29 ANSWER to Complaint by Trump Taj Mahal Real, Trump Taj Mahal Asso, Trump Taj Mahal Corp, Trump Taj Mahal Inc., Trump Taj Mahal Fund (Vasquez, Liz) (Entered: 01/04/1996)
41995-12-29 REQUEST, dtd 12/26/95 for compliance with Eastern District's Civil Justice Defense and Delay Reduction Plan from Alan Kaplan, Esq. (Vasquez, Liz) (Entered: 01/04/1996)
51995-12-27 LETTER dated 12/21/95 from Doris Reese to Clerk of Court. RE: Enclosed please find the following documents for filing: Affidavit of Service; and original Civil Cover Sheet. (Documents attached). (Vasquez, Liz) (Entered: 01/09/1996)
61996-01-09 ORDER, dtd 12/27/95 setting initial conference for 3:30 4/18/96 before Magistrate Robert M. Levy . All counsel must be present. ( signed by Magistrate Robert M. Levy). C/M. (Vasquez, Liz) (Entered: 01/09/1996)
71996-01-16 LETTER dated 1/10/96 from Jesse Siegel, Esq., to Mr. Heinemann. RE: In response to your letter of 12/22/95, we are enclosing a certification of counsel indicting that the amount of damages sought in the above action exceeds $100,000.00, exclusive of interest and costs. (Vasquez, Liz) (Entered: 01/18/1996)
81996-01-23 Compliance with Eastern District's Civil Justice Expenses and Delay Reduction Plan. (Vasquez, Liz) (Entered: 01/23/1996)
91996-04-08 LETTER dated 4/8/96 from Lisa Walkewicz to Clerk of the Court enclosing the defendant's original Interrogatories. W/O enclosure. (Guzzi, Roseann) (Entered: 04/16/1996)
101996-04-19 ORDER, dated 4/17/96, endorsed on the letter dated 4/14/96 from Jesse Siegel, Esq., granting his application and resetting the status conference of 4/18/96 for 11:00 a.m. on 5/10/96 before Magistrate Robert M. Levy . ( signed by Magistrate Robert M. Levy ) (Vaughn, Terry) (Entered: 04/19/1996)
111996-04-26 LETTER dated 4/14/96 from Jesse M. Siegel, ESq., to Mag. Levy. Re: We are writing to request an adjournment of the initial conference, scheduled for 4/18/96. (Vasquez, Liz) (Entered: 04/26/1996)
121996-05-16 LETTER dated 5/6/96 from Jesse M. Siegel, Esq., to Mag. Levy. Re: Requesting the court's approval, for the following discovery schedule: 1- Initial disclosures by 5/28/96; 2- Initial interrogatories and requests for production by 6/25/96; 3- Responses to initial interrogatories and requests by 7/25/96; 4- Depositions by 8/28/96; and Independent medical examination by 10/22/96. (Vasquez, Liz) (Entered: 05/16/1996)
131996-05-10 Calendar entry: Before Mag. Levy- Case called for initial conference. Discovery scheduled approved. set discovery due for 11/22/96 , set settlement conference for 12/17/96 before Magistrate Robert M. Levy . (Vasquez, Liz) (Entered: 05/23/1996)
141996-05-10 Calendar entry: Before Mag. Levy-Case called for initial conference. Discovery scheduled approved. status conference for 12/17/96 before Magistrate Robert Levy . (Vasquez, Liz) (Entered: 05/30/1996)
151996-05-29 LETTER dated 5/28/96 from Cathy Siliato, Secretary to Jennifer Greenberg, to Court Clerk, informing that they enclosed an original pleading entitled "Disclosure Pursuant to F.R.C.P. 26(a). (Murphy, Margaret) (Entered: 06/11/1996)
161996-05-29 Disclosure of interested parties submitted by defendants. (Murphy, Margaret) (Entered: 06/11/1996)
171996-08-21 LETTER dated 8/8/96 from Jesse M. Siegel, Esq., counsel for plaintiff, to Magistrate Judge Levy, requesting a two-month extension of the periods set forth in the court's discovery scheduling order. (Murphy, Margaret) (Entered: 08/21/1996)
181996-11-18 LETTER dated 11/11/96 from Joseph A. Latasso, counsel for defendant, to Magistrate Levy, requesting a three month extension of the discovery deadline. (Murphy, Margaret) (Entered: 11/18/1996)
191997-01-24 LETTER dated 1/16/97 from Alan D. Kaplan and Jesse Siegel, counsel for defendant and plaintiff, to Magistrate Levy, jointly requesting an additional three months of the discovery deadlines in this case. (Murphy, Margaret) (Entered: 01/24/1997)
201997-06-02 REQUEST for Production of Documents by Defendants. (Murphy, Margaret) (Entered: 06/03/1997)
211997-06-18 ORDER, endorsed on letter dated 6/4/97, from Jesse M. Siegel, Esq., to Mag. Judge Levy, resetting discovery due for 10/22/97 , and status conference for 11/7/97 before Magistrate Robert M. Levy . ( signed by Magistrate Robert M. Levy on 6/16/97.) (DiTomasso, Mike) (Entered: 06/18/1997)
221997-10-22 LETTER dated 10/17/97 from Alan D. Kaplan and Jeese M. Siegel, counsel for plaintiff, to Magistrate Levy, jointly requesting a 3 month extension of the remaining discovery deadlines in this case. (Murphy, Margaret) (Entered: 10/22/1997)
231997-12-29 STIPULATION/ORDER,stating the trial of this case shall be by jury subject to approval of this Court. C/M. (Signed by Judge Eugene H. Nickerson, dtd. 12.22.97.) (Mackey, Donna) (Entered: 12/29/1997)
241997-12-30 LETTER dated 12/5/97 from Jesse M. Siegel to Judge Nickerson inquiring whether the Court requires plaintiff to file a motion seeking permission to file a late jury demand, or if a stipulation by the parties would be acceptable. (fe) (Entered: 12/30/1997)
251998-02-17 Calendar entry: Before Magistrate Levy for a Final Pre-Trail Conference on 2/10/98. Because of plaintiff changing medical condition. Pltff's expert disclosure is to be completed within 30 days or summary judgment decision on 5/29/98, if no motion is filed. Subject to Judge Nickerson rules and approval, if necessary, any dispositive motion shall be served by 4/17/98; opposition 5/15; reply 5/29. (Gonzalez, Mary) (Entered: 02/17/1998)
261998-04-29 LETTER dated 4/29/98 from Joseph A. Latasso to Jessie M. Siegel, confirming Mr. Siegel's receipt of defendant's Motion for Summary Judgment and related documents, and enclosing a copy of Judge Nickerson's Amemded Rules re: motion practice. (Reddy, Lisa) (Entered: 04/30/1998)
271998-05-04 NOTICE dated 4/23/98 by Shirley A. Wilson to Attorneys, that the motion made returnable 6/5/98 does not comply with Judge Nickerson's rules and is being returned. (Motion returned) (Piper, Francine) (Entered: 05/04/1998)
281998-05-26 ORDER, granting defendant's request to extend the remaining dates of the briefing schedule as follows: plaintiff's opposition to be served by 5/27/98; defendants' reply due by 6/19/98; motion returnable on 6/26/98 at 9:30 before Judge Nickerson . (Signed by Magistrate Robert M. Levy, dated 5/7/98). See letter dated 5/7/98 from Joseph A. Latasso to Magistrate Judge Levy. (Reddy, Lisa) (Entered: 05/26/1998)
291998-06-02 LETTER dated 5/27/98 from Jesse M. Siegel, Esq. to Joseph A. Latasso, Esq. forwarding under seperate cover, three complete sets of plaintiff's papers opposing the defendant's motion for summary judgement. (cover letter without enclosuers docketed) (Permaul, Jenny) (Entered: 06/08/1998)
301998-06-24 ORDER, dated 6/16/98 extending time for defendants to serve Reply papers to plaintiff's opposition to motion for summary judgment to 6/26/98 . Signed by Magistrate Robert M. Levy. See Faxed Letter dated 6/16/98 from Joseph A. Latasso, Esq. to Judge Levy. (Permaul, Jenny) (Entered: 06/25/1998)
311998-07-14 LETTER dated 6/26/98 from Joseph A. Latasso, Esq. to Jessie M. Siegel, Esq. enclosing defendants' Affirmation in Further Support of Motion for Summaru Judement and in Reply to Plaintiff's Opposition and defendants' Reply Memorandum of Law. (cc to Court without enclosures) (Permaul, Jenny) (Entered: 07/14/1998)
321998-07-29 MOTION by Joseph A. Latasso Esq. on behalf of Trump Taj Mahal Fund, Trump Taj Mahal Inc., Trump Taj Mahal Corp, Trump Taj Mahal Asso, Trump Taj Mahal Real for summary judgment . Motion hearing set for 9:30 on 8/7/98 [32-1] motion . (Permaul, Jenny) Modified on 07/30/1998 (Entered: 07/30/1998)
331998-07-29 MEMORANDUM by defendants in support of [32-1] motion for summary judgment. (Permaul, Jenny) Modified on 07/30/1998 (Entered: 07/30/1998)
341998-07-29 MEMORANDUM by Dolores Pellegrino in opposition to [32-1] defendant's motion for summary judgment. (Permaul, Jenny) (Entered: 07/30/1998)
351998-07-29 AFFIDAVIT and Exhibits by Dolores Pellegrino in opposition to [32-1] motion for summary judgment. (Permaul, Jenny) (Entered: 07/30/1998)
361998-07-29 REPLY MEMORANDUM OF LAW by defendants in further support of [32-1] motion for summary judgment. (Permaul, Jenny) (Entered: 07/30/1998)
371998-07-29 AFFIDAVIT by Joseph A. Latasso, Esq. on behalf of defendants in further support of [32-1] motion for summary judgment and in reply to plaintiff's opposition. (Permaul, Jenny) (Entered: 07/30/1998)
381998-07-29 Rule 56.1 Statement(formerly Rule 3(g) by Trump Taj Mahal Fund, Trump Taj Mahal Inc., Trump Taj Mahal Corp, Trump Taj Mahal Asso, Trump Taj Mahal Real re: [32-1] motion for summary judgment. (Permaul, Jenny) (Entered: 07/30/1998)
391998-07-29 Rule 56.1 Statement(formerly Rule 3(g) by Dolores Pellegrino re: [32-1] motion for summary judgment. (Permaul, Jenny) (Entered: 07/30/1998)
401998-09-21 ORDER undted directing that Counsel shall submit a proposed discovery schedule within 21 days of the decision of summary judgment motion. Signed by Magistrate Robert M. Levy. See page 2 of lettet dated 8/27/98 from Joseph A. Latasso, Esq. and Jessie M. Siegel, Esq. to Mag. Levy. (Permaul, Jenny) (Entered: 09/21/1998)
411998-10-15 LETTER dated 10/14/98 from Jesse M. Siegel, Esq. to Clerk of the Court advising that counsel for the Plaintiff, Siegel & Heibrun, Esqs. have moved their offices to 575 Madison Avenue, 10th Floor New York, NY 10022. (Permaul, Jenny) (Entered: 10/16/1998)
421999-01-28 MEMORANDUM and ORDER that within 30 days from the date of this Order, defendants shall inform the court and the plaintiff of defendant Trump Taj Mahal Associates' citizenship; and (2) plaintiff shall file a response or motion, if any, within 30 days of her receipt of defendants' submission to the court. Signed by Senior Judge Eugene H. Nickerson on 1/12/99. (Asreen, Wendy) (Entered: 01/28/1999)
431999-02-16 LETTER dated 2/3/99 from Alan D. Kaplan, Esq. to Judge Nickerson written in response to the Court's 1/12/99 Memo and Order, and requesting the the removal papers be corrected as indicated in this letter. (Permaul, Jenny) (Entered: 02/16/1999)
442000-02-17 MEMORANDUM and ORDER denying deft.'s [32-1] motion for summary judgment. Signed by Judge Eugene H. Nickerson , on 2/11/00. c/m (Permaul, Jenny) (Entered: 02/17/2000)
452000-07-10 LETTER dated 6/20/00 from Joseph Latasso, counsel for defendants, to Judge Nickerson requesting a telephone conference in order to set a deadline for the provision of a complete set of authorizations by the plaintiff. (Rodriguez,Angela) (Entered: 07/10/2000)
462000-07-10 ORDER referring the issue raised in deft.'s letter of 6/20/00 to Mag. Levy. Signed by Judge Eugene H. Nickerson , on 6/30/00. (Permaul, Jenny) (Entered: 07/10/2000)
472000-10-13 Calendar entry: Case called on 10/13/00 for Status Conference before Mag. Levy. Counsel for the parties present. RULIGNS: Discovery complete execpt for receipt of updated medical records, updated IME and expert disclosure. Plaintiff has had 6 operations, including 2 after the IME and one after summary judgment was filed. The issue raised in deft.'s 6/20/00 letter is resolved. Discovery to be completed by 1/12/01. Next Conf. is scheduled for 1/19/01 at 10:00. (Permaul, Jenny) (Entered: 10/26/2000)
482001-01-16 ORDER: The Parties shall appear by telephone at the 1/17/01 conference. Signed by Magistrate Robert M. Levy , on 1/10/01. ( See letter dated 1/9/01 from Jesse M. Siegel, Esq. to Mag. Levy) (Permaul, Jenny) (Entered: 01/16/2001)
492001-01-19 Calendar entry: Case called on 1/19/01 for final pre-trial conference before Mag. Levy (tel). Counsel present. Discovery to be completed by 4/16/01 (final) Next Conf. set for 4/24/01 at 3:00. Final extension; no further adjournment. (Permaul, Jenny) (Entered: 01/24/2001)
502001-03-30 ORDER: Application granted, as good cause was shown, due to plaintiff's surgery. Discovery deadline extended 30 days to May 16, 2001, Conf. adjourned to 5/23/01 at 4:30. Signed by Magistrate Robert M. Levy , on 3/16/01. (See letter dated 3/30/01 from Jesse M. Siegel, Esq.) (Permaul, Jenny) (Entered: 03/30/2001)
512001-05-23 Calendar entry: Case called on 5.23.01 for final pretrial conf. before Mag. Levy. Counsel for the parties present. RULINGS: Discovery complete; Settlement conf. scheduled; Parties to advise if conf. is futile. Next conf. set for 6/17/01 at 11:15. (Permaul, Jenny) (Entered: 06/07/2001)
522001-06-12 Calendar entry:,Before Mag Levy Settlement Conf. Parties too far apart to settle. Pltff. had her 7th surgery in May; Experts shall amend their reports by 7/31/01. Pretrial Order Schedule: Pltff's draft 8/31/01; Deft's draft 9/14/01; Joint pretrial order 9/21/01 set discovery due for 7/31/01 Supplement to expert reporting , terminated past due deadlines (Jackson, Ramona) (Entered: 06/13/2001)
532001-06-06 Calendar entry: Case callled on 6/6/01 for Settlement Conf. (tel) before Mag. Levy. Counsel for the parties present. RULINGS: Next conf. set for 6/12/01 at 2:15. Parties need another week to prepare settlement positions. (Permaul, Jenny) (Entered: 06/19/2001)
542001-09-06 ORDER endorsed on letter dated 8.29.01 from Jesse Siegal to Magistrate Levy. Time to submit pre-trial order is extended. Plaintiff's draft due 9.30.01; defendant's draft due 10.14.01; joint PTO due 10.21.01. (signed by Magistrate Robert M. Levy on 9.4.01) (Rodriguez,Angela) (Entered: 09/07/2001)
552001-10-04 ORDER endorsed on letter dated 9.28.01 from Jesse Siegel to Magistrate Levy. Application for extension of time to submit pretrial order is granted. Plaintiff's draft is due 10.30.01; defendant's draft is due 11.13.01; joint order is to be filed on 11.20.01. (signed by Magistrate Robert M. Levy on 10.1.01) (Rodriguez,Angela) (Entered: 10/04/2001)
562001-11-20 ORDER endorsed on letter dated 11/15/01 from David Amtsen to Magistrate Levy. Revised pretrial order schedule is adopted. Plaintiff's version is due 11/28/01; defendant's 12/5/01; joint 12/12/01. (signed by Magistrate Robert M. Levy on 11/15/01) (Rodriguez,Angela) (Entered: 11/26/2001)
572002-01-10 LETTER dated 12/13/01 from David Arntsen to Judge Nickerson enclosing the JPTO for the Court's signature. (Rodriguez,Angela) (Entered: 01/11/2002)
582002-05-13 LETTER dated 4/29/02 from David H. Arntsen, Esq., to Magistrate Levy advising the Court that the parties have reevaluated their positions and have now consent to try this case before a Magistrate. (Johnson, Tanya) (Entered: 05/14/2002)
592002-05-17 CONSENT to trial by Magistrate-Judge. If appealed this matter will be referred to the Circuit Court. (Signed by Judge Allyne R. Ross, undated) (Approved by Magistrate Levy) (Johnson, Tanya) (Entered: 05/17/2002)
602002-05-10 Calendar entry: Status conference held before Magistrate Levy on 5/10/02. Counsel for both sides present. Jury selection and trial to begin on 7/29/02 . Proposed voir dire and charge by 6/28/02. Case ordered to mediation, to be held by 6/14/02. Parties to submit 3 proposed mediation dates by 5/17/02. In limine motions shall be served by 6/21/02; opposition due by 6/28/02. All exhibits deemed admissible unless objected to by 6/21/02. (Johnson, Tanya) (Entered: 05/17/2002)
612002-06-24 ORDER endorsed on letter dated 6/21/02 from Jesse Siegel to Magistrate Levy. The trial is canceled as the case has settled. (signed by Magistrate Robert M. Levy on 6/24/02) (Black, Amanda) (Entered: 06/26/2002)