Basak-Smith v. Spectrum Brands, Inc. et al
| David Basak-Smith |
| Spectrum Brands, Inc., United Industries Corporation and Spectrum Brands Inc |
| 3:2019cv01974 |
| December 16, 2019 |
| US District Court for the District of Connecticut |
| Janet Bond Arterton |
| Kari A Dooley |
| Dominic J Squatrito |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on December 15, 2022. A more recent docket listing may be available from PACER.
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Filing 63
JUDGMENT entered in favor of United Industries Corporation against David Basak-Smith and the case is closed.For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms/all-forms/appeals_forms Signed by Clerk on 12/15/2022.(Lewis, D)
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JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: 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 (Lewis, D)
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Filing 62
ORDER granting #54 Motion for Summary Judgment. Signed by Judge Janet Bond Arterton on 12/14/2022. (Anderson, Colleen)
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Filing 61
ORDER: In the absence of action by Plaintiff to withdraw his improper Amended Objection to Defendant's Motion for Summary Judgment #59 , which the Court ordered Plaintiff to withdraw 60 , it is now stricken. The attached Safety Data Sheet will remain docketed and be construed as a supplement to Plaintiff's summary judgment opposition. Signed by Judge Janet Bond Arterton on 12/9/2022. (Anderson, Colleen)
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Filing 60
ORDER: Plaintiffs are directed to withdraw their Amended Objection to Defendant's Motion for Summary Judgment #59 . The Court granted permission for Plaintiffs to file the safety data sheet referenced during oral argument as a supplement to the record, but nothing more. Plaintiffs are directed to instead file the safety data sheet as a standalone supplement to their Objection to the Motion for Summary Judgment as the Court ordered at oral argument; no other briefing will be permitted. Signed by Judge Janet Bond Arterton on 11/23/2022. (Anderson, Colleen)
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Filing 59
REPLY to Response to #54 MOTION for Summary Judgment DEFENDANT UNITED INDUSTRIES CORPORATIONS MOTION FOR SUMMARY JUDGMENT filed by David Basak-Smith. (Moore, Garrett)
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Filing 58
Minute Entry. Proceedings held before Judge Janet Bond Arterton: taking under advisement #54 Motion for Summary Judgment; Motion Hearing held on 11/16/2022 re #54 MOTION for Summary Judgment DEFENDANT UNITED INDUSTRIES CORPORATIONS MOTION FOR SUMMARY JUDGMENT filed by United Industries Corporation. Total Time: 53 minutes. (Court Reporter Corinne Thomas.) (Santos, Sarah)
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Filing 57
Oral Argument on Motion for Summary Judgment #54 will be held 11/16/22 at 11:00 a.m. in Courtroom Two, 141 Church Street, New Haven, CT.
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Filing 56
REPLY to Response to #54 MOTION for Summary Judgment DEFENDANT UNITED INDUSTRIES CORPORATIONS MOTION FOR SUMMARY JUDGMENT DEFENDANT UNITED INDUSTRIES CORPORATIONS REPLY TO PLAINTIFFS OBJECTION TO MOTION FOR SUMMARY JUDGMENT filed by United Industries Corporation. (Lantry, Jacob)
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Filing 55
First OBJECTION to Defendant's Mot for Summary Judgment filed by David Basak-Smith. (Moore, Garrett)
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Filing 54
MOTION for Summary Judgment DEFENDANT UNITED INDUSTRIES CORPORATIONS MOTION FOR SUMMARY JUDGMENT by United Industries Corporation.Responses due by 6/2/2022 (Attachments: #1 Memorandum in Support DEFENDANT UNITED INDUSTRIES CORPORATIONS MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, #2 Statement of Material Facts LOCAL RULE 56(a)1 STATEMENT OF UNDISPUTED MATERIAL FACTS, #3 Exhibit Exhibit A - PLAINTIFFS DISCLOSURE OF EXPERT WITNESS)(Lantry, Jacob)
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Filing 52
SCHEDULING ORDER: Pursuant to the colloquy with counsel on the record 3/7/22, the following is ordered: (1) Plaintiff will propound his written discovery by 3/14/22. (2) Any objections will be served by 3/28/22. (3) Responses will be served no later than 4/28/22. (4) Defendant's Motion for Summary Judgment will be filed by 5/12/22; opposition will be filed by 6/2/22; reply, if any, shall be filed by 6/16/22. (5) Defendant's request to stay its expert disclosure deadline is granted pending ruling on its forthcoming motion for summary judgment. Signed by Judge Janet Bond Arterton on 3/8/22.(Tooker, Aimee)
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Filing 53
Minute Entry for proceedings held before Judge Janet Bond Arterton: Telephonic Pre-Filing Conference held on 3/7/2022. Total Time: 1 hour (Court Reporter Corinne Thomas) (Reis, Julia)
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Filing 51
ORDER granting #50 Motion for Pre-Filing Conference and discovery is stayed pending such conference or as otherwise ordered. Signed by Judge Janet Bond Arterton on 2/24/22. (Tooker, Aimee)
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Telephonic pre-filing conference set down for 3/7/22 at 4:00 p.m. as follows: 1-877-402-9753, access code: 3535720. (Tooker, Aimee)
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Filing 50
MOTION to Stay for Pre-Filing Conference and Request to Stay its Expert Disclosure Deadline by United Industries Corporation.Responses due by 3/15/2022 (Lantry, Jacob)
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Filing 49
ORDER granting #45 Motion for Extension of Time, on consent. Signed by Judge Janet Bond Arterton on 1/31/22. (Tooker, Aimee)
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Set Deadlines/Hearings: Discovery due by 8/15/2022 Dispositive Motions due by 9/15/2022 Status Report due by 8/9/2022 Trial Ready Date 3/1/2023 Telephonic Status Conference rescheduled to 8/16/2022 at 3:00 PM as follows: 1-877-402-9753; Access Code: 3535720. (Tooker, Aimee)
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Filing 47
SCHEDULING ORDER: Pursuant to the colloquy with counsel on the record 1/4/22, the following final amended scheduling order is ordered: (1) All discovery will be completed by 5/13/22. (2) After a pre-filing conference, any dispositive motions will be filed by 6/13/22. Trial Readiness: If dispositive motions are filed, the parties will be expected to be trial ready 12/1/22. The parties' Joint Trial Memorandum will be filed 30 days after ruling on dispositive motions or as otherwise ordered. If no dispositive motions are filed, the parties' Joint Trial Memorandum will be due 7/1/22 and the parties will be expected to be trial ready 8/2/22. (3) The parties' status report will be filed by 3/30/22 and will contain any request for pre-filing conference. (Tooker, Aimee)
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Filing 48
Minute Entry for proceedings held before Judge Janet Bond Arterton: Telephonic Pre-Filing Conference held on 1/4/2022. Total Time: 30 minutes (Court Reporter Corinne Thomas) (Reis, Julia)
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Telephonic pre-filing conference rescheduled to 1/4/22 at 4:00 p.m. (Tooker, Aimee)
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Filing 46
ORDER granting #44 Motion for Pre-Filing Conference. Signed by Judge Janet Bond Arterton on 12/6/21. (Tooker, Aimee)
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Telephonic pre-filing conference scheduled for 12/14/21 at 4:00 p.m. as follows: 1-877-402-9753; access code: 3535720.(Tooker, Aimee)
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Filing 45
MOTION for Extension of Time Scheduling Deadlines by David Basak-Smith. (Foti, Joseph)
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Filing 44
MOTION for Pre-Filing Conference and Extension of Its Expert Disclosure Deadline by United Industries Corporation. (Lantry, Jacob)
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Filing 43
ORDER granting #42 Joint Motion for Extension of Time, with modification. Plaintiffs' experts will be disclosed by 11/15/21 and depositions will be completed by 12/15/21. Defendant's experts will be disclosed by 1/15/22 and depositions will be completed by 2/15/22. All discovery will be completed by 3/13/22. Following a pre-filing conference, dispositive motions will be due 4/13/22 and this matter is deemed trial ready 10/1/22. A telephonic status conference will be held 2/17/22 at 12:00 p.m. as follows: 1-877-402-9753; Access Code: 3535720. Signed by Judge Janet Bond Arterton on 7/26/21. (Tooker, Aimee)
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Set Deadlines/Hearings: Discovery due by 3/13/2022 Dispositive Motions due by 4/13/2022 Status Report due by 2/10/2022 Trial Ready Date 10/1/2022 Telephonic Status Conference set for 2/17/2022 12:00 PM. (Tooker, Aimee)
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Filing 42
Joint MOTION for Extension of Time to Extend Deadlines by United Industries Corporation. (Lantry, Jacob)
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Set Deadlines/Hearings: Trial Ready Date 6/1/2022 (Tooker, Aimee)
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Filing 41
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Janet Bond Arterton on 1/22/21.(Barry, Donna)
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Filing 40
ORDER OF TRANSFER. Case reassigned to Judge Janet Bond Arterton for all further proceedings. Signed by Clerk on 1/22/2021.(Hushin, Z.)
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Filing 39
ORDER granting in part #38 Motion for Extension of Time. All discovery, including but not limited to expert depositions and reports, shall be completed by November 30, 2021. Dispositive motions shall be filed by December 30, 2021 and if no dispositive motion is filed, the parties shall file their joint trial memorandum by December 30, 2021. This case shall be trial ready January 2022. Signed by Judge Dominic J. Squatrito on 12/22/2020. (Ring, T.)
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Reset Deadlines per 39 Order: Discovery due by 11/30/2021. Dispositive Motions due by 12/30/2021. Joint Trial Memorandum due by 12/30/2021. (Bozek, M.)
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Filing 38
Joint MOTION for Extension of Time of Deadlines by United Industries Corporation. (Lantry, Jacob)
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Filing 37
ORDER. This case was recently transferred to the undersigned. The telephone conference set for August 6, 2021 is hereby cancelled. See 31 . The parties shall file a status report on August 6, 2021. All other scheduled dates shall remain in full force and effect. IT IS SO ORDERED. Signed by Judge Dominic J. Squatrito on 9/11/20. (Pike, Corinne)
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Filing 36
ORDER OF TRANSFER. Case reassigned to Judge Dominic J. Squatrito for all further proceedings. Signed by Clerk on 9/1/2020.(Walker, J.)
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Filing 35
ANSWER to #34 Amended Complaint with Special Defenses. by United Industries Corporation.(Lantry, Jacob)
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Filing 34
AMENDED COMPLAINT against All Defendants, filed by David Basak-Smith.(Foti, Joseph)
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Filing 33
Minute Entry for proceedings held before Judge Kari A. Dooley: Telephonic Motion Hearing held on 7/8/2020 re #24 Motion to Amend/Correct; #27 Joint MOTION for Extension of Time to Extend Deadlines filed by United Industries Corporation. and 17 minutes(Court Reporter Tracy Gow.) (Gould, K.)
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Filing 32
ORDER granting unopposed #24 Motion to Amend/Correct. Plaintiff shall file his Second Amended Complaint on or before July 10, 2020. Signed by Judge Kari A. Dooley on 7/8/2020. (Cahill, Leslie)
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Filing 31
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 8/6/2021 at 10:00 AM before Judge Kari A. Dooley. Conference Line: (888) 278-0296; Access Code: 80-77-899. (Cahill, Leslie)
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Filing 30
ORDER granting #27 Motion for Extension of Time. The Court adopts the proposed amended deadlines set forth in the parties' joint motion, except that the Defendant's deadline for expert disclosures is corrected to reflect a deadline of May 31, 2021, and the date for filing the Joint Trial Memorandum required by this Court's standing order shall be set by the Court after the close of discovery. In addition to the telephonic status conference scheduled for February 8, 2021 at 10:00 A.M., the parties shall appear for a telephonic status conference before Judge Kari A. Dooley on August 6, 2021 at 10:00 A.M.Signed by Judge Kari A. Dooley on 7/8/2020. (Cahill, Leslie)
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Filing 29
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 7/8/2020 at 11:00 AM before Judge Kari A. Dooley. Conference Line: (888) 278-0296; Access Code: 80-77-899 (Cahill, Leslie)
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Filing 28
ORDER. The parties shall appear for a telephonic status conference before Judge Kari A. Dooley on 7/8/2020 at 11:00 A.M. Signed by Judge Kari A. Dooley on 6/26/2020. (Cahill, Leslie)
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Filing 27
Joint MOTION for Extension of Time to Extend Deadlines by United Industries Corporation. (Lantry, Jacob)
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Filing 26
Joint MOTION for Extension of Time to Extend Deadlines by United Industries Corporation. (Lantry, Jacob)
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Filing 25
AMENDED COMPLAINT against All Defendants, filed by David Basak-Smith.(Foti, Joseph)
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Filing 24
Second MOTION to Amend/Correct Complaint by David Basak-Smith.Responses due by 7/7/2020 (Attachments: #1 Memorandum in Support Memorandum in Support of Amended Complaint)(Foti, Joseph)
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Filing 23
ORDER granting #17 Motion to Amend/Correct. "Rule 15 of the Federal Rules of Civil Procedure establishes a liberal policy in favor of allowing amendments." Warboys v. Proulx, 303 F. Supp. 2d 111, 115 (D. Conn. 2004). "In the absence of any apparent or declared reason--such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.--the leave sought should, as the rules require, be 'freely given.'" Foman v. Davis, 371 U.S. 178, 182 (1962). Plaintiff has filed his motion to amend within the timeframe set forth in this Court's scheduling order (ECF No. 14), and "[t]he motion is thus timely on its face," belying any finding of undue delay, bad faith, or dilatory motive. Fed. Ins. Co. v. Speedboat Racing Ltd., 200 F. Supp. 3d 312, 339 (D. Conn. 2016). In declining to object to the Plaintiff's motion to amend, the Defendants have presented no reason why the Court should reach a contrary conclusion. Accordingly, the motion to amend is GRANTED and the Plaintiff shall file his Amended Complaint on or before May 20, 2020. Signed by Judge Kari A. Dooley on 5/18/2020. (Cahill, Leslie)
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Filing 22
NOTICE of Appearance by Jason A. Wheeler on behalf of United Industries Corporation (Wheeler, Jason)
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Filing 21
CERTIFICATE OF GOOD STANDING re #19 MOTION for Attorney(s) Jason A. Wheeler to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5730273) by United Industries Corporation. (Lantry, Jacob)
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Filing 20
ORDER granting #19 Motion to Appear Pro Hac Vice for Attorney Jason A. Wheeler, Certificate of Good Standing due by 5/4/2020. Signed by Clerk on 3/5/2020. (Fanelle, N.)
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Filing 19
MOTION for Attorney(s) Jason A. Wheeler to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5730273) by United Industries Corporation. (Attachments: #1 Exhibit A: Affidavit of Jason A. Wheeler)(Lantry, Jacob)
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Filing 18
AMENDED COMPLAINT against All Defendants, filed by David Basak-Smith.(Foti, Joseph)
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Filing 17
First MOTION to Amend/Correct Complaint by David Basak-Smith.Responses due by 3/5/2020 (Attachments: #1 Memorandum in Support Memorandum in Support of Motion for Leave to Amend Complaint)(Foti, Joseph)
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Filing 16
Standing Order on Joint Trial Memorandum attached. Signed by Judge Kari A. Dooley on 2/5/2020. (Cahill, Leslie)
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Filing 15
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 2/8/2021 at 10:00 AM before Judge Kari A. Dooley. Conference Line: (888) 278-0296; Access Code: 80-77-899. (Cahill, Leslie)
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Filing 14
Order on Pretrial Deadlines. The Court has reviewed the Parties' #13 Rule 26(f) Report. It is Approved, Adopted, and So Ordered, except that the Parties' Joint Trial Memorandum shall be filed in accordance with the deadlines and procedures set forth below. Pursuant to Local Rule 16(b), the Court orders as follows: Motions to amend the pleadings or to join additional parties shall be filed by May 18, 2020. Discovery shall be completed by January 31, 2021. Dispositive motions, if any (see Local Rule 56(c)), shall be filed by March 2, 2021. The Joint Trial Memorandum shall comport with this Court's standing order, which will be separately docketed. The date for filing the Joint Trial Memorandum required by this Court's standing order shall be set by the Court after the close of discovery. A telephonic status conference is scheduled for February 8, 2021 at 10:00 A.M. Signed by Judge Kari A. Dooley on 2/5/2020. (Cahill, Leslie)
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Set Deadlines/Hearings: Motions to Amend Pleadings due by 5/18/2020. Discovery due by 1/31/2021.Dispositive Motions due by 3/2/2021.Telephonic Status Conference set for 2/8/2021 at 10:00 AM before Judge Kari A. Dooley. (Cahill, Leslie)
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Filing 13
Joint REPORT of Rule 26(f) Planning Meeting. (Lantry, Jacob)
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Filing 12
NOTICE of Appearance by Joseph D. Foti, Jr on behalf of David Basak-Smith (Foti, Joseph)
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Filing 11
ANSWER to Complaint with Special Defenses with Jury Demand by United Industries Corporation.(Lantry, Jacob)
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Filing 10
NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Our records reflect Joseph Tramuta Jr. at JTramuta@mtelawfirm.com. Signed by Clerk on 12/18/2019.(Fazekas, J.)
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Filing 9
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 #8 Standing Protective Order, #2 Corporate Disclosure Statement filed by United Industries Corporation, #5 Statement Pursuant to Standing Order in Removed Cases filed by United Industries Corporation, #7 Electronic Filing Order, #4 Notice of No Pending Motions filed by United Industries Corporation, #3 Notice of Appearance filed by James M. Campbell on behalf of United Industries Corporation, #6 Order on Pretrial Deadlines, #1 Notice of Removal,, filed by United Industries Corporation Signed by Clerk on 12/18/2019. (Attachments: #1 Removal Standing Order)(Fazekas, J.)
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Filing 5
NOTICE by United Industries Corporation Statement Pursuant to Standing Order in Removed Cases (Lantry, Jacob)
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Filing 4
NOTICE by United Industries Corporation of No Pending Motions (Lantry, Jacob)
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Filing 8
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 12/16/2019.(Fazekas, J.)
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 12/16/2019.(Fazekas, J.)
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Filing 6
Order on Pretrial Deadlines: Amended Pleadings due by 2/14/2020. Discovery due by 6/16/2020. Dispositive Motions due by 7/21/2020. Signed by Clerk on 12/16/2019.(Fazekas, J.)
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Judge Kari A. Dooley added. (Oliver, T.)
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Filing 3
NOTICE of Appearance by James M. Campbell on behalf of United Industries Corporation (Campbell, James)
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Filing 2
Corporate Disclosure Statement by United Industries Corporation. (Lantry, Jacob)
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Filing 1
NOTICE OF REMOVAL by United Industries Corporation from J.D. of Fairfield, case number FBT-CV-19-6087448-S. Filing fee $ 400 receipt number ACTDC-5594221, filed by United Industries Corporation. (Attachments: #1 Exhibit A: Summons, #2 Exhibit B: Complaint, #3 Exhibit C: Motion to Waive Service, #4 Exhibit Order on Motion to Waive Service, #5 Exhibit Plaintiff's Reply to Special Defenses, #6 Exhibit F: State's Notice of Removal, #7 Exhibit Civil Action Cover Sheet)(Lantry, Jacob)
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