Gonzalez-Velez v. Fabmetals, Inc. et al
| Silfredo Gonzalez-Velez |
| Fabmetals, Inc. and Trugreen Limited Partnership |
| 3:2022cv00932 |
| July 26, 2022 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Defendant |
Docket Report
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| Filing 32 NOTICE. All parties are advised that they may elect to consent to the jurisdiction of a United States Magistrate Judge. United States Magistrate Judges do not conduct felony criminal trials; as a result, parties are often able to schedule a jury trial before a Magistrate Judge sooner and with more flexibility than a jury trial before a District Judge. If all parties consent to the jurisdiction of a United States Magistrate Judge, the parties should complete and file the attached consent form. If any party does not consent, that information should not be conveyed to the Court, and no consent form should be filed. The Court notes that ordinarily, where the parties consent to the jurisdiction of a Magistrate Judge, any Magistrate Judge who has previously been involved in confidential settlement discussions would not be assigned to hear the trial. Signed by Judge Sarah A. L. Merriam on 9/20/2022.(Caffrey, A.) |
Filing 31
SCHEDULING ORDER AND CASE MANAGEMENT PLAN: Joint Status Report due by 11/7/2022; Fact Discovery due by 1/30/2023; All Discovery due by 6/23/2023; Dispositive Motions due by 7/14/2023; Joint Trial Memorandum due by 9/12/2023. Counsel shall review the attached Order carefully, noting all interim deadlines, discovery procedures, and other matters. It is so ordered. Signed by Judge Sarah A. L. Merriam on 09/09/2022. (Powers, L.)
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| Filing 30 REPORT of Rule 26(f) Planning Meeting. (Barbarula, Michael) |
| Filing 29 ANSWER to Complaint with Affirmative Defenses by Trugreen Limited Partnership.(Flanagan, Robert) |
| Filing 28 ANSWER to Complaint (Notice of Removal) by Fabmetals, Inc..(Barbarula, Michael) |
| Filing 27 NOTICE by Silfredo Gonzalez-Velez re 15 Order,, (Berescik-Johns, Austin) |
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Filing 26
ORDER granting, absent objection, #23 defendant Trugreen Limited Partnership's Motion for Extension of Time. Defendant Trugreen Limited Partnership ('Trugreen') has filed a motion seeking to extend the deadline "up through and including September 1, 2022, within which to respond to the Complaint dated June 21, 2022." Doc. #23 at 1. Trugreen's motion does not comply with Local Rule 7(b)(3); it was filed just one day before the deadline at issue, and fails to "set forth reasons why the motion was not filed at least three business days before the deadline in question." D. Conn. L. Civ. R. 7(b)(3). Nevertheless, the Court will grant the motion in light of Trugreen's representation that all other parties consent. Trugreen shall file its response to the Complaint on or before September 1, 2022. Trugreen is advised that any future motion that does not comply with the Federal and Local Rules of Civil Procedure, including Local Rule 7, may be summarily denied. It is so ordered. Signed by Judge Sarah A. L. Merriam on 8/1/2022. (Teague, J.)
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| Filing 25 Amended NOTICE by Fabmetals, Inc. re #5 Notice (Other), 16 Order,,, Standing Order Statement (Barbarula, Michael) |
| Filing 24 First Corporate Disclosure Statement by Trugreen Limited Partnership. (Flanagan, Robert) |
| Filing 23 First MOTION for Extension of Time until 9/1/2022 Plead by Trugreen Limited Partnership. (Flanagan, Robert) |
| Filing 22 Corporate Disclosure Statement by Fabmetals, Inc.. (Barbarula, Michael) |
| Filing 21 NOTICE of Appearance by Robert J. Flanagan, Jr on behalf of Trugreen Limited Partnership (Flanagan, Robert) |
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Filing 20
ORDER granting, absent objection, #14 Motion for Extension of Time. Defendant Fabmetals, Inc. shall file a response to the Complaint on or before September 1, 2022. It is so ordered. Signed by Judge Sarah A. L. Merriam on 7/28/2022. (Teague, J.)
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Filing 19
ORDER. Counsel for defendant Trugreen Limited Partnership has not filed a Notice of Appearance in this matter. Counsel for Trugreen Limited Partnership shall file a Notice of Appearance on or before August 3, 2022. It is so ordered. Signed by Judge Sarah A. L. Merriam on 7/28/2022. (Teague, J.)
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Filing 18
ORDER. Pursuant to Local Rule 26(f), the parties shall file their Report of Parties' Planning Meeting on or before September 8, 2022. It is so ordered. Signed by Judge Sarah A. L. Merriam on 7/28/2022. (Teague, J.)
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Filing 17
ORDER terminating, without prejudice, #7 defendant Trugreen Limited Partnership's Motion for Extension of Time. Prior to the removal of this action, defendant Trugreen Limited Partnership ("Trugreen") filed a Motion for Extension of Time to file a responsive pleading in the state court action. Trugreen's Motion for Extension of Time is hereby TERMINATED, without prejudice to refiling in full compliance with the Local and Federal Rules, including Local Civil Rule 7. It is so ordered. Signed by Judge Sarah A. L. Merriam on 7/28/2022. (Teague, J.)
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Filing 16
ORDER. Defendant Fabmetals, Inc. ("Fabmetals") has filed a Removal Statement (Doc. #5 ). Pursuant to the Court's Standing Order on Removed Cases, the Removal Statement must include, among other things: "1. The date on which each defendant received a copy of the summons and complaint in the state court action[; and] 2. The date on which each defendant was served with a copy of the summons and complaint, if any of those dates are different from the dates set forth in item 1." Fabmetals' Removal Statement fails to provide this information for defendant Trugreen Limited Partnership. Accordingly, defendant shall file an amended Removal Statement, providing the required information for each defendant, on or before August 3, 2022. It is so ordered. Signed by Judge Sarah A. L. Merriam on 7/28/2022. (Teague, J.)
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Filing 15
ORDER. The Complaint filed in Superior Court asserts that "[t]he amount in demand is greater than Fifteen Thousand Dollars ($15,000.00), exclusive of interest and costs." Doc. #1 -1 at 10. Defendant asserts that "[i]f the Plaintiff is successful on her claims, any damage award would more likely than not exceed $75,000[.]" Doc. #1 at 2-3 (footnote omitted). On or before August 3, 2022, plaintiff shall file a Notice on the docket stating whether he agrees that the amount in controversy in this case exceeds $75,000.00. It is so ordered. Signed by Judge Sarah A. L. Merriam on 7/28/2022. (Teague, J.)
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| Filing 14 MOTION for Extension of Time until 9/1/2022 to Respond to Complaint by Fabmetals, Inc.. (Barbarula, Michael) |
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Filing 13
ORDER. All counsel and self-represented parties are advised that any requests for relief, including the rescheduling of conferences or hearings that have been calendared on ECF, must be made by filing of a motion on the docket, in full compliance with all applicable Federal and Local Rules. Relief from deadlines, orders, and calendars may not be obtained by calling or emailing chambers staff or the Clerk's Office. Court staff cannot provide advice or guidance, and ex parte communications with the Court are generally improper. It is so ordered. Signed by Judge Sarah A. L. Merriam on 7/26/2022.(Caffrey, A.)
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| Set Deadlines: Rule 26 Meeting Report due by 9/8/2022 (Caffrey, A.) |
| Filing 12 NOTICE of Appearance by Austin Berescik-Johns on behalf of Silfredo Gonzalez-Velez (Berescik-Johns, Austin) |
| Filing 11 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 Order on Pretrial Deadlines, #5 Notice (Other) filed by Fabmetals, Inc., #1 Notice of Removal, filed by Fabmetals, Inc., #3 Notice of Appearance filed by Fabmetals, Inc., #2 Notice of Appearance filed by Fabmetals, Inc., #7 MOTION for Extension of Time until October 21, 2022 to Plead to Plaintiff's Complaint filed by Trugreen Limited Partnership, #6 Jury Demand filed by Fabmetals, Inc., #9 Electronic Filing Order, #4 Notice (Other) filed by Fabmetals, Inc., #10 Protective Order Signed by Clerk on 7/26/2022. (Attachments: #1 Standing Order on Removed Cases) (Oliver, T.) |
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Filing 10
STANDING PROTECTIVE ORDER Signed by Judge Sarah A. L. Merriam on 7/26/2022. (Oliver, T.)
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Filing 9
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Sarah A. L. Merriam on 7/26/2022. (Oliver, T.)
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Filing 8
Order on Pretrial Deadlines: Amended Pleadings due by 9/24/2022 Discovery due by 1/25/2023 Dispositive Motions due by 3/1/2023 Signed by Clerk on 7/26/2022. (Oliver, T.)
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| Filing 7 MOTION for Extension of Time until October 21, 2022 to Plead to Plaintiff's Complaint by Trugreen Limited Partnership. (Hushin, Z.) |
| Filing 6 DEMAND for Trial by Jury by Fabmetals, Inc.. (Barbarula, Michael) |
| Filing 5 NOTICE by Fabmetals, Inc. STANDING ORDER STATEMENT (Barbarula, Michael) |
| Filing 4 NOTICE by Fabmetals, Inc. OF PENDING MOTIONS (Attachments: #1 Exhibit A)(Barbarula, Michael) |
| Filing 3 NOTICE of Appearance by Charles A. Deluca on behalf of Fabmetals, Inc. (Deluca, Charles) |
| Filing 2 NOTICE of Appearance by Michael C Barbarula on behalf of Fabmetals, Inc. (Barbarula, Michael) |
| Filing 1 NOTICE OF REMOVAL by Fabmetals, Inc. from Bridgeport Superior Court, case number DN FBT CT22-6116734-S. Filing fee $ 402 receipt number ACTDC-7010918, filed by Fabmetals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barbarula, Michael) |
| Judge Sarah A. L. Merriam added. (Oliver, T.) |
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