Appiah et al v. Home Depot USA Inc et al
| Brenda Appiah and Kwadwo Appiah |
| Home Depot Product Authority, LLC and Home Depot USA Inc |
| 3:2020cv00489 |
| April 13, 2020 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on December 9, 2021. A more recent docket listing may be available from PACER.
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Filing 16
Second MOTION to Amend/Correct Complaint by Brenda Appiah, Kwadwo Appiah.Responses due by 6/30/2020 (Ollennu, Jeremiah)
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Filing 15
26(f) NOTICE: The Court has reviewed the file in this case to monitor compliance with Local Rule 26(f). Local Rule 26(f) provides that, within thirty days after the appearance of any defendant, the attorneys of record and any unrepresented parties must confer for purposes described in Fed. R. Civ. P. 26(f). Local Rule 26(f) further provides that, within fourteen days after the conference, the participants must jointly file a report of the conference using Form 26(f). It appears that more than forty-four days have passed since the appearance of a defendant in this case but no report has been filed. Accordingly, it is hereby ordered that the parties must file on or before 6/16/2020: (1) a written statement signed by all counsel of record demonstrating that this case is exempt from the requirement of filing a form 26(f) report; or (2) a form 26(f) report along with a written statement signed by all counsel of record explaining why sanctions should not be imposed for the parties failure to comply with Local Rule 26(f). Failure to comply with this order will result in dismissal of the complaint. Signed by Clerk on 6/1/2020. (Shafer, J.)
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Filing 14
ORDER denying #10 Motion to Amend/Correct Complaint without prejudice to re-filing with a memorandum of law demonstrating that it would not be futile. Signed by Judge Vanessa L. Bryant on 05/19/2020. (Nault, James)
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Filing 13
Memorandum in Opposition re #10 First MOTION to Amend/Correct Complaint filed by Home Depot Product Authority, LLC, Home Depot USA Inc. (Guilmartin, Cullen)
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Filing 12
Motion - NOTICE by Home Depot Product Authority, LLC, Home Depot USA Inc of Withdrawal of Counsel (Lapish, Caroline) Modified on 5/6/2020 to change to motion event (Velez, F.).
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Filing 11
NOTICE of Appearance by Cullen W. Guilmartin on behalf of Home Depot Product Authority, LLC, Home Depot USA Inc (Guilmartin, Cullen)
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Filing 10
First MOTION to Amend/Correct Complaint by Brenda Appiah, Kwadwo Appiah.Responses due by 5/18/2020 (Ollennu, Jeremiah)
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Filing 9
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 4/14/2020.(Shafer, J.)
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Filing 8
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 #6 Protective Order, #5 Electronic Filing Order, #3 MOTION to Dismiss filed by Home Depot USA Inc, Home Depot Product Authority, LLC, #1 Notice of Removal, filed by Home Depot USA Inc, Home Depot Product Authority, LLC, #7 Order Re: Chambers Practices, #4 Order on Pretrial Deadlines, #2 Corporate Disclosure Statement filed by Home Depot USA Inc, Home Depot Product Authority, LLC. Signed by Clerk on 4/13/2020. (Attachments: #1 Standing Order on Removed Cases) (Velez, F.)
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Filing 7
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 4/13/2020. (Velez, F.)
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Filing 6
STANDING PROTECTIVE ORDER. Signed by Judge Vanessa L. Bryant on 4/13/2020. (Velez, F.)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Vanessa L. Bryant on 4/13/2020. (Velez, F.)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 6/12/2020; Discovery due by 10/13/2020; Dispositive Motions due by 11/17/2020. Signed by Clerk on 4/13/2020. (Velez, F.)
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Filing 3
MOTION to Dismiss by Home Depot Product Authority, LLC, Home Depot U.S.A., Inc..Responses due by 5/4/2020 (Attachments: #1 Memorandum in Support)(Lapish, Caroline)
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Filing 2
Corporate Disclosure Statement by Home Depot Product Authority, LLC, Home Depot U.S.A., Inc.. (Lapish, Caroline)
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Filing 1
NOTICE OF REMOVAL by Home Depot U.S.A., Inc., Home Depot Product Authority, LLC Filing fee $ 400 receipt number ACTDC-5798501, filed by Home Depot U.S.A., Inc., Home Depot Product Authority, LLC. (Attachments: #1 Exhibit 1 (State Court Filings))(Lapish, Caroline)
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Judge Vanessa L. Bryant added. (Walker, J.)
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