Bish v. Acadia Pharmaceuticals Inc.
| Marlo Bish |
| Acadia Pharmaceuticals Inc. |
| 3:2021cv00435 |
| March 29, 2021 |
| US District Court for the District of Connecticut |
| Victor A Bolden |
| Labor: Family and Medical Leave Act |
| 29 U.S.C. § 2612 |
| None |
Docket Report
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| Filing 23 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Post-Discovery Telephonic Status Conference set for 1/20/2022 11:00 AM before Judge Victor A. Bolden. Dial-in: (888) 808-6929; Passcode: 9284309. (Millat, C.) |
Filing 22
SCHEDULING ORDER: Based on the parties' Rule 26(f) report, and the Court's own preferences, the Court adopts the following pre-trial and trial schedule:-Damages analysis due April 30, 2021.-Initial disclosures due June 4, 2021.-Motions to join additional parties and to amend the pleadings due June 4, 2021 (Plaintiff), with responses from Defendant due June 18, 2021. -Motions to join additional parties due July 2, 2021 (Defendant). -Designation of trial experts and reports from retained experts due October 1, 2021, with depositions of any such experts to be completed by October 29, 2021 (Plaintiff). -Designation of trial experts and reports from retained experts due December 3, 2021, with depositions of any such experts to be completed by December 31, 2021 (Defendant). -Discovery, including fact witness depositions, to be completed by January 14, 2022.-Post-discovery telephonic status call on January 20, 2022 at 11:00 a.m.-Dispositive motions due March 18, 2022; responses to any dispositive motions due April 8, 2022; and reply briefs to any responses due April 22, 2022. -Joint trial memorandum due June 3, 2022 if no dispositive motions are filed; otherwise, joint trial memorandum due thirty (30) days after the ruling on any dispositive motions.-Trial-ready date July 5, 2022 if no dispositive motions are filed; otherwise, trial-ready date to be thirty (30) days after the filing of the joint trial memorandum. Signed by Judge Victor A. Bolden on 05/29/2021. (Millat, C.)
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| Filing 21 Joint REPORT of Rule 26(f) Planning Meeting. (Dollarhide, Mary) |
| Filing 20 Case as to Count One only of Complaint remanded to State Court Judicial District of Middlesex at Middletown. Remand of Count One is mandated under 28 U.S.C. 1445(c) and 1441(c). See 28 U.S.C. 1445(c) ("A civil action in any State court arising under the workmen's compensation laws of such State may not be removed to any district court of the United States."); 28 U.S.C. 1441(c)(2) (noting that any action which includes both a federal claim and a "claim that has been made nonremovable by statute... may be removed if the action would be removable without the inclusion of the" nonremovable claim, and in that situation, "the district court shall sever from the action all [nonremovable] claims" and "shall remand the severed claims to the State court from which the action was removed"); Pomales v. Lowe's Home Ctrs., LLC, No. 3:19-cv-831 (JBA), 2019 WL 6271252, at *6 (D. Conn. Nov. 25, 2019) (removing and severing Count One of a Complaint, arising under Connecticut General Statutes 31-290, under 28 U.S.C. 1445(c)); Miley v. Housing Auth. of Bridgeport, 926 F. Supp. 2d 420, 428 (D. Conn. 2013) (holding that where "a civil action contains both federal claims and non-removable claims" under 1445(c), 1441(c) "unambiguously directs the Court in such a scenario to sever from the action the non-removable claim and remand that claim back to state court"). (Imbriani, Susan) |
| Filing 19 NOTICE of Appearance by Khesraw Karmand on behalf of Acadia Pharmaceuticals Inc. (Karmand, Khesraw) |
| Filing 18 ANSWER to Complaint (Notice of Removal) by Acadia Pharmaceuticals Inc..(Dollarhide, Mary) |
| Filing 17 CERTIFICATE OF GOOD STANDING re #13 MOTION for Attorney(s) Khesraw Karmand to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6463349) by Acadia Pharmaceuticals Inc.. (Arrow, Benjamin) |
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Filing 16
ORDER granting #15 Motion to Sever; granting #15 Motion to Remand to State Court. As the parties note in their joint motion to sever and remand Count One of the Complaint, see ECF No. 15 (Apr. 13, 2021), remand of Count One is mandated under 28 U.S.C. 1445(c) and 1441(c). See 28 U.S.C. 1445(c) ("A civil action in any State court arising under the workmen's compensation laws of such State may not be removed to any district court of the United States."); 28 U.S.C. 1441(c)(2) (noting that any action which includes both a federal claim and a "claim that has been made nonremovable by statute... may be removed if the action would be removable without the inclusion of the" nonremovable claim, and in that situation, "the district court shall sever from the action all [nonremovable] claims" and "shall remand the severed claims to the State court from which the action was removed"); Pomales v. Lowe's Home Ctrs., LLC, No. 3:19-cv-831 (JBA), 2019 WL 6271252, at *6 (D. Conn. Nov. 25, 2019) (removing and severing Count One of a Complaint, arising under Connecticut General Statutes 31-290, under 28 U.S.C. 1445(c)); Miley v. Housing Auth. of Bridgeport, 926 F. Supp. 2d 420, 428 (D. Conn. 2013) (holding that where "a civil action contains both federal claims and non-removable claims" under 1445(c), 1441(c) "unambiguously directs the Court in such a scenario to sever from the action the non-removable claim and remand that claim back to state court"). Accordingly, the Clerk of Court respectfully is directed to sever Count One of the Complaint and remand that cause of action to the Connecticut Superior Court, Judicial District of Middlesex at Middletown. Signed by Judge Victor A. Bolden on 04/14/2021. (Millat, C.)
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| Filing 15 Joint MOTION to Sever Count One, Joint MOTION to Remand to State Court , Count One (Responses due by 5/4/2021, ) by Marlo Bish. (Paradisi, Matthew) |
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Filing 14
ORDER granting #13 Motion to Appear Pro Hac Vice for Khesraw Karmand, Esq. Certificate of Good Standing due by 6/7/2021. Signed by Clerk on 4/8/2021. (Imbriani, Susan)
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| Filing 13 MOTION for Attorney(s) Khesraw Karmand to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6463349) by Acadia Pharmaceuticals Inc.. (Attachments: #1 Exhibit A)(Cohen, Evan) |
| Filing 12 NOTICE of Appearance by Mary C. Dollarhide on behalf of Acadia Pharmaceuticals Inc. (Dollarhide, Mary) |
| Set Deadlines:Rule 26 Meeting Report due by 5/17/2021. Answer deadline updated for Acadia Pharmaceuticals Inc. to 4/19/2021. (Perez, J.) |
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Filing 11
ORDER granting #10 Motion for Extension of Time until April 19, 2021 to move to dismiss, answer, or otherwise respond to the complaint. Signed by Judge Victor A. Bolden on 04/02/2021. (Millat, C.)
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| Filing 10 Consent MOTION for Extension of Time until April 19, 2021 to move to dismiss, answer, or otherwise respond to the complaint by Acadia Pharmaceuticals Inc.. (Arrow, Benjamin) |
| Filing 9 NOTICE of Appearance by Benjamin Arrow on behalf of Acadia Pharmaceuticals Inc. (Arrow, Benjamin) |
| 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 Electronic Filing Order, #5 Order on Pretrial Deadlines, #3 Notice of Pending Motions filed by Acadia Pharmaceuticals Inc., #1 Notice of Removal, filed by Acadia Pharmaceuticals Inc., #7 Standing Protective Order, #4 Statement for Standing Order on Removed Cases filed by Acadia Pharmaceuticals Inc., #2 Corporate Disclosure Statement filed by Acadia Pharmaceuticals Inc. Signed by Clerk on 03/30/2021. (Attachments: #1 Removal Standing Order)(Fazekas, J.) |
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Filing 7
STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 03/29/2021.(Fazekas, J.)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 03/29/2021.(Fazekas, J.)
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Filing 5
Order on Pretrial Deadlines: Amended Pleadings due by 5/28/2021. Discovery due by 9/28/2021. Dispositive Motions due by 11/2/2021. Signed by Clerk on 03/29/2021.(Fazekas, J.)
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| Judge Victor A. Bolden added. (Nuzzi, Tiffany) |
| Filing 4 NOTICE by Acadia Pharmaceuticals Inc. Statement for Standing Order on Removed Cases (Cohen, Evan) |
| Filing 3 NOTICE by Acadia Pharmaceuticals Inc. Notice of Pending Motions (Cohen, Evan) |
| Filing 2 Corporate Disclosure Statement by Acadia Pharmaceuticals Inc.. (Cohen, Evan) |
| Filing 1 NOTICE OF REMOVAL by Acadia Pharmaceuticals Inc. from Judicial District of Middlesex, case number MMX-CV-21-6030586-S. Filing fee $ 402 receipt number ACTDC-6450421, filed by Acadia Pharmaceuticals Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Cohen, Evan) |
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| Defendant: Acadia Pharmaceuticals Inc. | |
| Represented By: | Evan I. Cohen |
| Represented By: | Mary C. Dollarhide |
| Represented By: | Benjamin Arrow |
| Represented By: | Khesraw Karmand |
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| Plaintiff: Marlo Bish | |
| Represented By: | Matthew D. Paradisi |
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