Chance v. Home Depot USA Inc
| Chance Roderick and Roderick Chance |
| Home Depot USA Inc |
| 3:2021cv00875 |
| June 25, 2021 |
| US District Court for the District of Connecticut |
| Janet Bond Arterton |
| Omar A Williams |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| None |
Docket Report
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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 (Velez, F.) |
Filing 33
ORDER. Plaintiff has filed a stipulation of dismissal "pursuant to Rule 41(a)(1)(A)(ii)." See ECF No. #32 . Under Rule 41(a)(1)(A)(ii), "the plaintiff may dismiss an action without a court order by filing:... (ii) a stipulation of dismissal signed by all parties who have appeared." In Plaintiff's stipulation, however, Plaintiff requests "that the Court enter an order dismissing this action with prejudice with each and every party to bear its own costs and attorneys' fees." Because Plaintiff has moved under Rule 41(a)(1)(A)(ii), the court will not enter such an order. However, in light of Plaintiff's voluntary dismissal, the court hereby directs the clerk to terminate this action. Signed by Judge Omar A. Williams on 8/19/2022. (Mamillapalli, S.).
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| Filing 32 MOTION to Dismiss Plaintiff's Stipulation of Dismissal With Prejudice by Roderick Chance, Chance Roderick.Responses due by 9/2/2022 (Walsh, Patrick) |
| Filing 31 Joint STATUS REPORT by Home Depot USA Inc. (Smith, Kaitlin) |
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Filing 30
ORDER. In lieu of the upcoming telephonic status conference, the parties shall file a joint status report on or before July 14, 2022. The status conference scheduled for July 14, 2022 hereby is CANCELLED. Signed by Judge Omar A. Williams on 6/30/2022. (Mamillapalli, S.).
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| Set Deadlines: Joint Status Report due by 7/14/2022. (Mamillapalli, S.). |
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Filing 29
ORDER granting #28 motion to withdraw. The court hereby grants Attorney Lapish's motion to withdraw as counsel for Defendant. See ECF No. #28 . Signed by Judge Omar A. Williams on 5/18/2022. (Mamillapalli, S.).
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| Filing 28 MOTION for Caroline B. Lapish to Withdraw as Attorney by Home Depot USA Inc. (Smith, Kaitlin) |
| Filing 27 Defendant Home Depot has filed a "Notice of Withdrawal of Appearance," which seeks to withdraw the appearance of Attorney Lapish. Under the local rules, "[w]ithdrawals of appearances may be accomplished only upon motion[.]" D. Conn. L. Civ. R. 7(e). Moreover, the motion must indicate that "that the party has received actual notice of the motion to withdraw." Id. In the absence of a motion which indicates actual notice to the client, the court will not withdraw the appearance of Attorney Lapish. Signed by Omar A. Williams on 4/25/2022. (Mamillapalli, S.). |
| Filing 26 Joint STATUS REPORT by Roderick Chance. (Walsh, Patrick) |
| Filing 25 NOTICE by Home Depot USA Inc of Withdrawal of Caroline B. Lapish (Lapish, Caroline) Modified on 4/21/2022 (Velez, F.) to correct motion relief. |
| Filing 24 NOTICE of Appearance by Kaitlin Kelly Smith on behalf of Home Depot USA Inc (Smith, Kaitlin) |
| Filing 23 Joint STATUS REPORT by Roderick Chance. (Walsh, Patrick) |
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ORDER. The telephonic status conference scheduled for 4/18/2022 at 11:00am is hereby CANCELLED, and the parties are instructed to file a joint status report on April 18, 2022. Signed by Judge Omar A. Williams on 3/14/2022. (Mamillapalli, S.).
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| Filing 22 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. RESCHEDULED FROM 7/14/2022 3:00 PM. Telephonic Status Conference set for 4/18/2022 11:00 AM before Judge Omar A. Williams. Parties are instructed to call 877-411-9748; Access Code 2605796#. (Mamillapalli, S.). |
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Filing 21
ORDER denying #16 MOTION for Sanctions. Defendant seeks sanctions for Plaintiff's failure to serve his initial disclosures by the discovery deadline indicated in this court's order on pretrial deadlines. See #4 . Pursuant to that order, discovery was due 12/25/2021. The parties have since filed a 26(f) Report, with a discovery deadline of 8/15/2022. The court adopted the parties' 26(f) Report when setting the scheduling order. See 18. Plaintiff has since filed his initial disclosures on the court docket ( #20 ), well in advance of the court's discovery deadline. Accordingly, the motion to dismiss is DENIED. Pursuant to Fed. R. Civ. P. 26(a)(1)(A), initial disclosures must be provided to the parties, not the court. Plaintiff's counsel is reminded of the rule to not file ANY discovery materials on the court's docket unless instructed to by the court, or unless such material accompanies a dispositive motion. Signed by Judge Omar A. Williams on 2/8/2022.
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| Filing 20 Statement of Material Facts re #16 MOTION for Sanctions Plaintiff's Rule 26(a)(1)(A) Initial Disclosures filed by Roderick Chance, Chance Roderick. (Walsh, Patrick) |
| Filing 19 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic status conference set for 7/14/2022 03:00 PM before Judge Omar A. Williams. Parties are instructed to call 877-411-9748; Access Code 2605796# (Mamillapalli, S.). |
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Filing 18
GENERAL SCHEDULING ORDER. The parties' Rule 26(f) Planning Report ( #15 ) is hereby APPROVED as modified by this order. All discovery shall be completed by August 15, 2022, and all other interim discovery dates set forth in the parties' Rule 26(f) Report are hereby adopted. Any dispositive motions shall be filed by September 15, 2022, and any response to dispositive motions shall be filed within 30 days after such dispositive motion. The parties' joint trial memorandum is due by November 15, 2022, or within 30 days of the court's ruling on dispositive motions, whichever date is later. The case shall be trial ready by October 30, 2022. 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. A telephonic status conference will be held on July 14, 2022 at 3:00pm. Parties are instructed to call 877-411-9748; Access Code 2605796#. It is so ordered. Signed by Judge Omar A. Williams on 1/18/2022. (Mamillapalli, S.).
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| Filing 17 Memorandum in Support re #16 MOTION for Sanctions filed by Home Depot USA Inc. (Lapish, Caroline) |
| Filing 16 MOTION for Sanctions by Home Depot USA Inc.Responses due by 2/7/2022 (Lapish, Caroline) |
| Filing 15 REPORT of Rule 26(f) Planning Meeting. (Lapish, Caroline) |
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Filing 14
26(f) NOTICE. Defendant removed this action on June 25, 2021. See #1 . The Rule 26(f) Report of the Parties' Planning Meeting was due to be filed on or before August 8, 2021, that is, 44 days after defendant's appearance. See D. Conn. L. Civ. R. 26(f)(1) ("Within thirty days after the first appearance of a defendant, the attorneys of record... who have appeared in the case shall confer for the purposes described in Fed. R. Civ. P. 26(f). The conference ordinarily shall be initiated by the plaintiff, and may be conducted by telephone or electronic audio or video conferencing service. Within fourteen (14) days after the conference, the participants shall jointly complete and file a report in the form prescribed by Form 26(f), which appears in the Appendix to these Rules.").To date, the parties have not filed the Rule 26(f) Report. Accordingly, on or before January 17, 2021, the parties shall confer and file the Rule 26(f) Report in compliance with the Local and Federal Rules of Civil Procedure. It is so ordered. Signed by Judge Omar A. Williams on 01/03/2022. (Mamillapalli, S.).
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| Set Deadlines: Rule 26 Meeting Report due by 1/17/2022. (Mamillapalli, S). |
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Filing 13
ORDER OF TRANSFER. Case reassigned to Judge Omar A. Williams for all further proceedings. Signed by Clerk on 12/13/2021.(Walker, J.)
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Filing 12
Stipulation #11 is So Ordered. Signed by Judge Janet Bond Arterton on 9/24/21.(Tooker, Aimee)
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| Filing 11 First STIPULATION Joint Motion to Enter Confidentiality Stipulation & Protective Order by Roderick Chance. (Attachments: #1 Confidentiality Stipulation & Protective Order)(Walsh, Patrick) |
| Filing 10 RESPONSE Reply to Special Defenses filed by Roderick Chance. (Walsh, Patrick) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Home Depot USA Inc.(Lapish, Caroline) |
| Filing 8 Docket Modified Correction re #7 Electronic Service Documents, to add attachment #1. (Attachments: #1 Standing Order on Removed Cases) (Gutierrez, Y.) |
| Filing 7 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 #4 Order on Pretrial Deadlines, #2 Answer to Complaint (Notice of Removal) filed by Home Depot USA Inc, #3 Corporate Disclosure Statement filed by Home Depot USA Inc, #1 Notice of Removal, filed by Home Depot USA Inc, #5 Protective Order, #6 Electronic Filing Order. Signed by Clerk on 6/28/2021.(Gutierrez, Y.) (Additional attachment(s) added on 6/28/2021: #1 Standing Order on Removed Cases) (Gutierrez, Y.). |
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Janet Bond Arterton on 6/25/2021.(Gutierrez, Y.)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Janet Bond Arterton on 6/25/2021.(Gutierrez, Y.)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 8/24/2021; Discovery due by 12/25/2021; Dispositive Motions due by 1/29/2022. Signed by Clerk on 6/25/2021.(Gutierrez, Y.)
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| Filing 3 Corporate Disclosure Statement by THE HOME DEPOT U.S.A., INC.. (Lapish, Caroline) |
| Filing 2 ANSWER to Complaint (Notice of Removal) by THE HOME DEPOT U.S.A., INC..(Lapish, Caroline) |
| Filing 1 NOTICE OF REMOVAL by Home Depot USA Inc., case number FBT-CV21-6107298-S. Filing fee $ 402 receipt number ACTDC-6557721, filed by Home Depot USA Inc. (Attachments: #1 Exhibit 1)(Lapish, Caroline) Modified on 6/25/2021 to correct pary (Anastasio, F.). |
| Judge Janet Bond Arterton added. (Anastasio, F.) |
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