HERNANDEZ v. DFA DAIRY BRANDS ICE CREAM, LLC
| ROBERTO HERNANDEZ |
| DFA DAIRY BRANDS ICE CREAM, LLC |
| 3:2023cv10139 |
| January 20, 2023 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
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| Filing 26 Judge Mark G. Mastroianni: ORDER entered. SCHEDULING ORDER: See attached order for complete details.The parties shall exchange initial disclosures by March 20, 2023.Any amendments to the pleadings shall be made by June 2, 2023.Plaintiffs motion for class certification shall be filed by July 28, 2023. Oppositions shall be filed within 21 days after the filing of the class certification motion.Fact discovery shall be completed by November 24, 2023.Plaintiff shall designate and disclose expert witnesses pursuant to Fed. R. Civ. P. 26(a)(2) by December 22, 2023. Plaintiffs trial experts must be deposed by January 22, 2024.Defendant shall designate and disclose expert witnesses pursuant to Fed. R. Civ. P. 26(a)(2) by February 5, 2024. Defendants trial experts must be deposed by March 6, 2024.Dispositive motions, if any, shall be filed by April 5, 2024. Oppositions shall be filed within 21 days of the filing of dispositive motions. Replies, if any, shall be filed within 14 days after oppositions are filed.A hearing on any filed dispositive motions will be held on July 2, 2024 at 11:00 a.m. If no dispositive motions are filed, this hearing will be converted to an initial pretrial conference.(Zamorski, Michael) |
| Filing 25 Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Scheduling Conference held on 3/7/2023. (Attorneys present: Atty Stoops, Atty Steffans, Atty Ascoitto for Plaintiff, Atty Saunder, Atty Hulla for Deft)Colloquy re: proposed dates for scheduling. Court advises parties to file a motion if dates become an issue in the future. Defendant's have 21 days to respond to class certification, instead of 14 days. Scheduling Order to Issue. (Court Reporter: Leigh Gershowitz at leigh_gershowitz@mad.uscourts.gov.) (Rivera, Christina) |
| Filing 24 REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Exhibit 1 - Plaintiff's Signed Rule 16 Certification, #2 Exhibit 2 - Defendant's Signed Rule 16.1(d)(3) Certification)(Stoops, Kevin) |
| Filing 23 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #20 Motion for Leave to Appear Pro Hac Vice Added Jesse L. Young. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Figueroa, Tamara) |
| Filing 22 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #19 Motion for Leave to Appear Pro Hac Vice Added Kevin J. Stoops. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Figueroa, Tamara) |
| Filing 21 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #18 Motion for Leave to Appear Pro Hac Vice Added Albert J. Asciutto. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Figueroa, Tamara) |
| Filing 20 MOTION for Leave to Appear Pro Hac Vice for admission of Jesse L. Young Filing fee: $ 125, receipt number AMADC-9734257 by ROBERTO HERNANDEZ. (Attachments: #1 Affidavit, #2 Certificate of God Standing)(Steffans, Benjamin) |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice for admission of Kevin J. Stoops Filing fee: $ 125, receipt number AMADC-9729434 by ROBERTO HERNANDEZ. (Attachments: #1 Affidavit, #2 Certificate of Good Standing)(Steffans, Benjamin) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice for admission of Albert J. Asciutto Filing fee: $ 125, receipt number AMADC-9729413 by ROBERTO HERNANDEZ. (Attachments: #1 Affidavit, #2 Certificate of Good Standing)(Steffans, Benjamin) |
| Filing 17 STATE COURT Record. (Saunders, Diane) |
| Filing 16 Remark: Certified copy of notice of removal has been emailed to defense counsel 2/14/2023. (Zamorski, Michael) |
| Filing 15 NOTICE of Scheduling Conference Scheduling Conference set for 3/7/2023 11:00 AM in Remote Proceeding : Springfield before Judge Mark G. Mastroianni. See attached notice for complete details. Telephone Conference details to issue by courtroom deputy. (Zamorski, Michael) |
| Filing 14 NOTICE of Appearance by Brodie W. Herrman on behalf of DFA DAIRY BRANDS ICE CREAM, LLC (Herrman, Brodie) |
| Filing 13 ANSWER to Complaint with Jury Demand by DFA DAIRY BRANDS ICE CREAM, LLC.(Saunders, Diane) |
| Filing 12 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #8 Motion for Leave to Appear Pro Hac Vice Added Brodie W. Herrman. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Figueroa, Tamara) |
| Filing 11 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #7 Motion for Leave to Appear Pro Hac Vice Added Patrick F. Hulla. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Figueroa, Tamara) |
| Filing 10 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #6 Motion for Extension of Time until February 13, 2023 to respond to complaint. (Healy, Bethaney) |
| Filing 9 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Healy, Bethaney) |
| Filing 8 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Brodie W. Herrman Filing fee: $ 125, receipt number AMADC-9700807 by DFA DAIRY BRANDS ICE CREAM, LLC. (Attachments: #1 Affidavit Brodie Herrman in Support of Motion for Pro Hac, #2 Text of Proposed Order Proposed Order for Pro Hac Vice)(Saunders, Diane) |
| Filing 7 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Patrick F. Hulla Filing fee: $ 125, receipt number AMADC-9700754 by DFA DAIRY BRANDS ICE CREAM, LLC. (Attachments: #1 Affidavit of Patrick Hulla, #2 Text of Proposed Order Proposed Order)(Saunders, Diane) |
| Filing 6 Assented to MOTION for Extension of Time to February 13, 2023 to Respond to Complaint by DFA DAIRY BRANDS ICE CREAM, LLC.(Saunders, Diane) |
| Filing 5 Case transferred to Western Division (Springfield) (Geraldino-Karasek, Clarilde) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by DFA DAIRY BRANDS ICE CREAM, LLC. (Saunders, Diane) |
| Filing 2 NOTICE of Appearance by Diane M. Saunders on behalf of DFA DAIRY BRANDS ICE CREAM, LLC (Saunders, Diane) |
| Filing 1 NOTICE OF REMOVAL by DFA DAIRY BRANDS ICE CREAM, LLC ( Filing fee: $ 402, receipt number AMADC-9679088 Fee Status: Filing Fee paid) (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Exhibit A-C)(Saunders, Diane) |
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