Chebro v. Great Dane, LLC et al
| Michael Chebro |
| Great Dane, LLC and Sturdy-Lite, Inc. |
| 3:2019cv01495 |
| September 24, 2019 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 27 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Discovery status teleconference set for 3/25/2020 at 3:00 PM before Judge Vanessa L. Bryant. To participate in the teleconference, the parties are ordered to call Chambers at 860-240-3123 with all parties on the line. In the alternative, the parties may call Chambers to distribute a dial-in number to the Court. (Shafer, J.) |
Filing 26
SCHEDULING ORDER: The Court has evaluated the parties' Joint Rule 26(f) Report #25 and sets the following case management deadlines: A discovery status teleconference will take place on 3/25/2020 at 3:00 pm. Fact discovery is due by 6/30/2020. Reports by Plaintiff's expert witnesses are due by 8/31/2020, and depositions of any such experts are due by 10/31/2020. Reports by Defendant's expert witnesses are due by 12/31/2020, and depositions of any such experts are due by 2/28/2021. Fact depositions shall be completed by 2/28/2021.Dispositive motions are due by 3/31/2021. If no dispositive motions are filed, the joint trial memorandum ("JTM") is due by 4/30/2021, and a bench trial will take place in the month of June 2021 in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. If dispositive motions are filed, the JTM is due by 11/30/2021, and a bench trial will take place in the month of January 2022 in Courtroom Three, 450 Main St., Hartford, CT before Judge Vanessa L. Bryant. The court will not extend this schedule except on a showing of good cause. Counsel shall be prepared to present evidence on any day during the month that the bench trial is scheduled to take place. The parties are directed to closely follow Chambers' Practices on the Courts website--including the deadlines and format of filings--when completing and filing the JTM, which shall be accompanied by the motions in limine. All evidentiary objections raised in the JTM must be the subject of a motion in limine and supported by applicable Second Circuit precedent. The parties' exhibit binders and electronic exhibits, as well as any courtroom technology requests, must be submitted no later than two weeks before the month of trial. The Court also requests that any courtesy copies sent to Chambers be printed from the docket and contain the header of the Court's electronic filing system. If and/or when the parties feel that a settlement conference before a Magistrate Judge would be productive, the parties may jointly request such on the docket. Signed by Judge Vanessa L. Bryant on 11/12/2019. (Dannenmaier, Katherine)
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| Filing 25 REPORT of Rule 26(f) Planning Meeting. (Zakrzewski, Steven) |
| Filing 24 NOTICE RE: MOTION TO DISMISS. The parties are reminded that the pendency of a motion to dismiss does not automatically stay discovery, except in cases covered by the Private Securities Litigation Reform Act. See Brooks v. Macy's, Inc., No. 10-CIV-5304, 2010 WL 5297756, at *1 (S.D.N.Y. Dec. 21, 2010) (collecting cases), reh'g denied, No. 10-CIV-5304, 2011 WL 1362191 (S.D.N.Y. Apr. 8, 2011); see also Moran v. Flaherty, No. 92-CV-3200, 1992 WL 276913, at *1 (S.D.N.Y. Sept. 25, 1992). The court may enter a stay of discovery in its discretion upon a showing [as distinguished from an assertion] of good cause. Fed. R. Civ. P. 26(c); see also Integrated Sys. & Power, Inc. v. Honeywell Int'l, Inc. , No. 09-CIV-5874, 2009 WL 2777076, at *1 (S.D.N.Y. Sept. 1, 2009); accord Ellington Credit Fund, Ltd. v. Select Portfolio Servs., Inc. , No. 08-CV-2437, 2009 WL 274483, at *1 (S.D.N.Y. Feb. 3, 2009). In determining whether good cause exists, the court considers several factors including: (1) whether a defendant has made a strong showing that the plaintiff's claim is unmeritorious, (2) the breadth of discovery and the burden of responding to it, and (3) the risk of unfair prejudice to the party opposing the stay. Negrete v. Citibank, N.A. , No. 15-CV-7250, 2015 WL 8207466, at *1 (S.D.N.Y. Dec. 7, 2015). Other factors include the nature of the case, whether dismissal will resolve the case, effect of dismissal on the scope of discovery, age of the case, complexity of discovery needed, remedy sought, extensions previously granted, parties' diligence, judicial efficiency, and other appropriate factors. Discovery in this case is NOT stayed. Accordingly, any party moving to stay discovery must demonstrate, as oppose to assert, the Court should exercise its discretion to stay the case. Signed by Judge Vanessa L. Bryant on 10/24/2019. (Shafer, J.) |
| Filing 23 Memorandum in Support re #22 MOTION to Dismiss filed by Sturdy-Lite, Inc.. (Canalia, Erin) |
| Filing 22 MOTION to Dismiss by Sturdy-Lite, Inc..Responses due by 11/12/2019 (Canalia, Erin) |
| Filing 21 Corporate Disclosure Statement by Great Dane, LLC identifying Corporate Parent Pines S LLC, Corporate Parent Trailer Investors, Corporate Parent HCNI I LLC for Great Dane, LLC. (Zakrzewski, Steven) |
| Filing 20 ANSWER to Complaint with Affirmative Defenses by Great Dane, LLC.(Zakrzewski, Steven) |
| Filing 19 NOTICE of Appearance by Kelcie Burns Reid on behalf of Great Dane, LLC (Reid, Kelcie) |
| Filing 18 Supplemental NOTICE by Sturdy-Lite, Inc. re #4 Notice (Other) Certificate of Notice (Canalia, Erin) |
| Answer deadline updated for Great Dane, LLC and Sturdy-Lite, Inc. to 10/22/2019 per Dkt. 17 Order. (Shafer, J.) |
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Filing 17
ORDER granting #15 Motion for Extension of Time and granting #16 Motion for Extension of Time. Defendants' deadline to respond to Plaintiff's complaint is extended to October 22, 2019 . Pursuant to Local Rule 7(b), the Court finds that defendants have shown good cause for the extension, in that the defendants had not anticipated the change in pleading deadline that their removal of the case to federal court caused. Signed by Judge Vanessa L. Bryant on 9/27/2019. (Dannenmaier, Katherine)
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| Filing 16 MOTION for Extension of Time until October 22, 2019 to Respond to Plaintiff's Complaint by Great Dane, LLC. (Zakrzewski, Steven) |
| Filing 15 MOTION for Extension of Time until October 22, 2019 To file responsive pleading by Sturdy-Lite, Inc.. (Canalia, Erin) |
| Filing 14 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #2 Corporate Disclosure Statement filed by Sturdy-Lite, Inc., #1 Notice of Removal filed by Sturdy-Lite, Inc., #4 Notice (Other) filed by Sturdy-Lite, Inc., #13 Order Re: Chambers Practices, #5 Notice of Appearance filed by Great Dane, LLC, #7 Notice (Other) filed by Great Dane, LLC, #8 Notice (Other) filed by Sturdy-Lite, Inc., #9 Notice of Appearance filed by Sturdy-Lite, Inc., #3 Notice (Other) filed by Sturdy-Lite, Inc., #12 Standing Protective Order, #10 Order on Pretrial Deadlines, #11 Electronic Filing Order, #6 Notice of Appearance filed by Great Dane, LLC Signed by Clerk on 09/24/2019. (Attachments: #1 Removal Standing Order)(Murphy, Tatihana) |
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Filing 13
ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered Signed by Judge Vanessa L. Bryant on 09/24/2019.(Murphy, Tatihana)
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Filing 12
STANDING PROTECTIVE ORDER Signed by Judge Vanessa L. Bryant on 09/24/2019.(Murphy, Tatihana)
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Filing 11
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Vanessa L. Bryant on 09/24/2019.(Murphy, Tatihana)
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Filing 10
Order on Pretrial Deadlines: Amended Pleadings due by 11/23/2019. Discovery due by 3/25/2020. Dispositive Motions due by 4/29/2020. Signed by Clerk on 09/24/2019.(Murphy, Tatihana)
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| Filing 9 NOTICE of Appearance by Deborah Etlinger on behalf of Sturdy-Lite, Inc. (Etlinger, Deborah) |
| Filing 8 NOTICE by Sturdy-Lite, Inc. re #1 Notice of Removal Local Rule Statement in Compliance with Standing Order (Canalia, Erin) |
| Filing 7 Consent NOTICE by Great Dane, LLC re #1 Notice of Removal (Zakrzewski, Steven) |
| Filing 6 NOTICE of Appearance by Steven J Zakrzewski on behalf of Great Dane, LLC (Zakrzewski, Steven) |
| Filing 5 NOTICE of Appearance by John J. Robinson on behalf of Great Dane, LLC (Robinson, John) |
| Filing 4 NOTICE by Sturdy-Lite, Inc. Certificate of Notice (Canalia, Erin) |
| Filing 3 NOTICE by Sturdy-Lite, Inc. Notice of Pending Motions in Compliance with Standing Order (Canalia, Erin) |
| Filing 2 Corporate Disclosure Statement by Sturdy-Lite, Inc.. (Canalia, Erin) |
| Filing 1 NOTICE OF REMOVAL by Sturdy-Lite, Inc. from Connecticut Superior Court Filing fee $ 400 receipt number ACTDC-5453002, filed by Sturdy-Lite, Inc..(Canalia, Erin) |
| Judge Vanessa L. Bryant added. (Nuzzi, Tiffany) |
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