Merrimack Mutual Fire Ins Co v. Performance Coatings Inc. et al
Plaintiff: Merrimack Mutual Fire Ins Co
Defendant: Performance Coatings Inc, Performance Coatings Inc. and Home Depot USA Inc
Case Number: 3:2016cv01480
Filed: August 31, 2016
Court: US District Court for the District of Connecticut
Office: New Haven Office
County: XX US, Outside State
Presiding Judge: Jeffrey A Meyer
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Product Liability
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 19, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 19, 2017 Opinion or Order Filing 43 ORDER DISMISSING CASE NOTICE 41(b): The parties have reported that this action has been settled in full. Rather than continue to keep the case open on the docket, the Clerk is directed to administratively close the file immediately, without prejudice to reopening by any party on or before 11/19/2017. If the parties wish to file a stipulation of dismissal, they may do so on or before 11/19/2017. The dates set forth in this order may be extended for good cause, upon a motion filed in accordance with Local Rule 7(b). Signed by Judge Jeffrey A. Meyer on 10/19/2017.(Gutierrez, Y.)
October 19, 2017 JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Gutierrez, Y.)
October 18, 2017 Filing 42 Minute Entry for proceedings held before Judge Joan G. Margolis: Settlement Conference held on 10/18/2017. Total Time: 2 hours and 20 minutes. (Saffir, Jaclyn)
October 4, 2017 Opinion or Order Filing 41 ORDER granting #40 Motion for Extension of Time until November 1, 2017 to file Joint Trial Memorandum. Signed by Judge Jeffrey A. Meyer on 10/4/2017. (Gutierrez, Y.)
October 4, 2017 Set Deadlines: Joint Trial Memorandum due by 11/1/2017. (Gutierrez, Y.)
October 2, 2017 Filing 40 Consent MOTION for Extension of Time until November 1, 2017to file Joint Trial Memorandum by Merrimack Mutual Fire Ins Co. (O'Hara, Mark)
July 28, 2017 Filing 39 STIPULATION of Dismissal of Home Depot U.S.A., Inc. by Merrimack Mutual Fire Ins Co. (O'Hara, Mark)
June 14, 2017 Opinion or Order Filing 38 ORDER: The motion for disclosure #37 is GRANTED. Counsel's filing on the docket of this discovery disclosure was not necessary, and counsel is reminded once again not to file routine discovery disclosures on the docket. SeeDoc. #32; D. Conn. L. R. 5(f). Signed by Judge Jeffrey A. Meyer on 6/14/17. (Pesta, J.)
June 13, 2017 Filing 37 MOTION for Disclosure of Expert Witness by Performance Coatings Inc.. (Musco, Joseph)
May 19, 2017 Filing 36 NOTICE of Appearance by Peter E DeMartini on behalf of Home Depot USA Inc (DeMartini, Peter)
April 27, 2017 Filing 35 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A Settlement Conference is set for 10/18/2017 at 10:00 AM in Chambers Room 303, 141 Church St., New Haven, CT before Judge Joan G. Margolis. Please refer to Judge Margolis' webpage on the District of Connecticut website for instructions regarding settlement conferences. (Saffir, Jaclyn)
April 4, 2017 Opinion or Order Filing 34 ORDER granting #33 Motion for Extension of Time until 5/22/17 to respond to interrogatories and requests for production. Signed by Judge Jeffrey A. Meyer on 4/4/2017. (Gutierrez, Y.)
April 3, 2017 Filing 33 MOTION for Extension of Time until 5/22/17 to respond to interrogatories and requests for production by Performance Coatings Inc.. (Musco, Joseph)
March 29, 2017 Opinion or Order Filing 32 ORDER.The motions for disclosure (Docs. #30 , #31 ) are GRANTED absent objection. The Court advises counsel, however, that there is no need to file such a motion for disclosure absent a discovery dispute and that the parties in general should not file discovery on the docket in this case. See D. Conn. L. R. 5(f). Signed by Judge Jeffrey A. Meyer on 3/29/2017. (Gutierrez, Y.)
March 28, 2017 Filing 31 MOTION for Disclosure by Merrimack Mutual Fire Ins Co. (O'Hara, Mark)
March 10, 2017 Filing 30 MOTION for Disclosure of Expert Witness, Dr. C.J. Abraham by Merrimack Mutual Fire Ins Co. (O'Hara, Mark)
February 23, 2017 Opinion or Order Filing 28 ORDER REFERRING CASE to Magistrate Judge Joan G. Margolis for Settlement. Signed by Judge Jeffrey A. Meyer on 2/23/2017.(Gutierrez, Y.)
February 22, 2017 Filing 29 Minute Entry for proceedings held before Judge Jeffrey A. Meyer: Telephone Status Conference held on 2/22/2017. Total Time: 7 minutes(Court Reporter Diana Huntington.) (Gutierrez, Y.)
February 22, 2017 Opinion or Order Filing 27 MEMORANDUM OF CONFERENCE AND ORDER. On February 22, 2017, the Court held a telephonic status conference with the parties. The parties reported that discovery is proceeding on course. The parties agreed to a referral to Judge Margolis for a settlement conference, with the understanding that the settlement conference will not occur until near the close of discovery. Signed by Judge Jeffrey A. Meyer on 2/22/2017. (Levenson, C.)
January 24, 2017 Filing 26 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. RESET FROM 2/24/2017 at 4:00 PM. Telephonic status conference set for 2/22/2017 at 5:00 PM in Chambers Room 208, 141 Church St., New Haven, CT before Judge Jeffrey A. Meyer. Plaintiff shall initiate call. Once all parties are on the line, please call chambers at (203)773-2105. (Levenson, C.)
November 16, 2016 Opinion or Order Filing 25 ORDER. Plaintiff's second #24 motion for extension of time is DENIED for failure to establish good cause and failure to state whether the opposing parties agree to this request, all as required pursuant to D. Conn. L. Civ. R. 7. Signed by Judge Jeffrey A. Meyer on 11/16/2016. (Gutierrez, Y.)
November 15, 2016 Filing 24 MOTION for Extension of Time until 01/03/2017 Respond to Defendant's Interrogatories and Request for Production by Merrimack Mutual Fire Ins Co. (O'Hara, Mark)
October 24, 2016 Filing 23 ANSWER to Complaint (Notice of Removal) with Special Defenses by Performance Coatings Inc..(Musco, Joseph)
October 20, 2016 Opinion or Order Filing 22 ORDER RE SCHEDULING: The parties' Rule 26(f) Planning Report (Doc. #21 ) is hereby APPROVED, as amended. All discovery shall be completed by July 15, 2017. Dispositive motions shall be filed by September 15, 2017. All other dates requested in the parties' Rule 26(f) report are also approved. The parties' joint trial memorandum is due by September 15, 2017, or within 60 days of the Court's ruling on dispositive motions, whichever date is later. This case will be ready for trial within 45 days of the filing of the joint trial memorandum. The parties are encouraged to commence discovery forthwith and to arrange their schedules in contemplation of the briefing deadlines for any dispositive motions, because the Court is unlikely to grant a future request for an extension of the scheduling order absent extraordinary and unforeseeable circumstances. If the parties do not anticipate dispositive motions, they are encouraged to contact chambers at the earliest possible time in order to have a trial date set. Please refer to Judge Meyer's webpage on the District of Connecticut website for Judge Meyer's "Pretrial Preferences" and "Trial Preferences" and for Judge Meyer's "Instructions for Discovery Disputes" and "Instructions for Joint Trial Memorandum." A telephonic status conference will be held February 24, 2017, at 4:00 PM. Plaintiff shall initiate call. Once all parties are on the line, please call chambers at (203)773-2105. It is so ordered. Signed by Judge Jeffrey A. Meyer on 10/20/2016. (Levenson, C.)
October 19, 2016 Filing 21 REPORT of Rule 26(f) Planning Meeting. (Barbarula, Michael)
October 12, 2016 Opinion or Order Filing 20 ORDER STRIKING FILING OF OBJECTION (Doc. #18 ).In accordance with D. Conn. L. Civ. R. 5(f), the parties are requested not to file their discovery materials on the docket absent a dispute that requires the Court's intervention. In the event that the parties have a discovery dispute, please refer to Judge Meyer's "Instructions for Discovery Disputes" (available on Judge Meyer's webpage). Plaintiff's counsel is otherwise requested to review the Court's local rules and to ensure that future filings comply with the Court's rules. Signed by Judge Jeffrey A. Meyer on 10/12/2016.(Gutierrez, Y.)
October 12, 2016 Opinion or Order Filing 19 ORDER. The #17 motion for extension of time is DENIED for lack of adequate and particularized explanation why an extension of time is warranted. See D. Conn. L. Civ. R. 7(b)(2). Signed by Judge Jeffrey A. Meyer on 10/12/2016. (Gutierrez, Y.)
October 11, 2016 Filing 18 OBJECTION to Defendant Performance Coatings' Interrogatories and Request for Production filed by Merrimack Mutual Fire Ins Co. (O'Hara, Mark)
October 11, 2016 Filing 17 MOTION for Extension of Time until December 3, 2016 Respond to Defendant Performance Coating's Interrogatories and Request for Production by Merrimack Mutual Fire Ins Co. (O'Hara, Mark)
October 7, 2016 Filing 16 ANSWER to Complaint (Notice of Removal) by Home Depot USA Inc.(Barbarula, Michael)
September 20, 2016 Filing 15 NOTICE of Appearance by Joseph Michael Musco on behalf of Performance Coatings Inc. (Musco, Joseph)
September 7, 2016 Opinion or Order Filing 14 ORDER granting #13 Motion for Extension of Time until October 7, 2016 to Respond to Complaint. Signed by Clerk on 9/7/2016. (Caffrey, A.)
September 7, 2016 Answer deadline updated for Home Depot USA Inc to 10/7/2016. (Caffrey, A.)
September 6, 2016 Filing 13 First MOTION for Extension of Time until October 7, 2016to Respond to Complaint #1 Notice of Removal by Home Depot USA Inc. (Barbarula, Michael)
September 1, 2016 Filing 12 NOTICE TO COUNSEL/PRO SE PARTIES : Counsel or pro se parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #9 Order on Pretrial Deadlines, #11 Protective Order, #8 Notice of Appearance filed by Home Depot USA Inc, #6 Notice (Other) filed by Home Depot USA Inc, #10 Electronic Filing Order, #5 Jury Demand filed by Home Depot USA Inc, #4 Notice (Other) filed by Home Depot USA Inc, #7 Corporate Disclosure Statement filed by Home Depot USA Inc, #3 Notice (Other) filed by Home Depot USA Inc, #2 Notice of Appearance filed by Home Depot USA Inc, #1 Notice of Removal filed by Home Depot USA Inc Signed by Clerk on 9/1/2016. (Attachments: #1 Notice)(Caffrey, A.)
August 31, 2016 Opinion or Order Filing 11 STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 8/31/2016.(Caffrey, A.)
August 31, 2016 Opinion or Order Filing 10 ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 8/31/2016.(Caffrey, A.)
August 31, 2016 Opinion or Order Filing 9 Order on Pretrial Deadlines: Motions to Dismiss due on 12/1/2016. Amended Pleadings due by 10/30/2016 Discovery due by 3/2/2017 Dispositive Motions due by 4/1/2017 Signed by Clerk on 8/31/2016.(Caffrey, A.)
August 31, 2016 Set Deadlines: Rule 26 Meeting Report due by 10/17/2016. (Gutierrez, Y.)
August 31, 2016 Filing 8 NOTICE of Appearance by James A. Mahar on behalf of Home Depot U.S.A., Inc. (Mahar, James)
August 31, 2016 Filing 7 Corporate Disclosure Statement by Home Depot U.S.A., Inc. identifying Corporate Parent Home Depot International, Inc. for Home Depot U.S.A., Inc.. (Barbarula, Michael)
August 31, 2016 Filing 6 NOTICE by Home Depot U.S.A., Inc. OF STATEMENT REGARDING STANDING ORDER IN REMOVED CASES (Barbarula, Michael)
August 31, 2016 Filing 5 DEMAND for Trial by Jury by Home Depot U.S.A., Inc.. (Barbarula, Michael)
August 31, 2016 Filing 4 NOTICE by Home Depot U.S.A., Inc. OF PENDING MOTIONS (Barbarula, Michael)
August 31, 2016 Filing 3 NOTICE by Home Depot U.S.A., Inc. OF FILING NOTICE OF REMOVAL IN STATE COURT (Barbarula, Michael)
August 31, 2016 Filing 2 NOTICE of Appearance by Michael C Barbarula on behalf of Home Depot U.S.A., Inc. (Barbarula, Michael)
August 31, 2016 Filing 1 NOTICE OF REMOVAL by Home Depot U.S.A., Inc. from Middletown Superior Court, case number MMX-CV16-6016136-S. Filing fee $ 400 receipt number 0205-4120279, filed by Home Depot U.S.A., Inc..(Barbarula, Michael)
August 31, 2016 Judge Jeffrey A. Meyer added. (Walker, J.)

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Defendant: Performance Coatings Inc
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Defendant: Performance Coatings Inc.
Represented By: Joseph Michael Musco
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Defendant: Home Depot USA Inc
Represented By: James A. Mahar
Represented By: Michael C Barbarula
Represented By: Peter E DeMartini
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Plaintiff: Merrimack Mutual Fire Ins Co
Represented By: Mark D. O'Hara
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