FMI INSURANCE COMPANY v. ELECTROLUX HOME PRODUCTS, INC et al
| FMI INSURANCE COMPANY |
| ELECTROLUX HOME PRODUCTS, INC and ELECTROLUX NORTH AMERICA |
| 2:2021cv13486 |
| July 9, 2021 |
| US District Court for the District of New Jersey |
| Edward S Kiel |
| Esther Salas |
| Prop. Damage Prod. Liability |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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This docket was last retrieved on July 29, 2021. A more recent docket listing may be available from PACER.
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Filing 5
TEXT ORDER: The Court is in receipt of defendant Electrolux Home Products, Inc.'s ("Defendant") letter dated July 13, 2021. (D.E. No. #3 ). As a preliminary matter, it is unclear if Defendant seeks a reallocation of the instant case to Trenton or a reassignment of the case to Judge Wolfson, who presides over FMI Insurance Company/Gary Burd and Deana Burd v. Electrolux Home Products, Inc., et al; No. [21-13005]. The Court notes that reallocation and reassignment are governed by different standards under the Court's Local Civil Rule 40.1. For a case to be reassigned to the same Judge who presides over a related case, Local Rule 40.1(c) requires that, inter alia, the later case must relate to "any property included" in the prior case, or "grow[] out of the same transaction" as the prior case. To reallocate a case, however, the Clerk must consider "the residence of the defendant, the convenience of litigants, counsel and witnesses, and the place where the cause of action arose." L. Civ. R. 40.1 (a). Defendant's July 13, 2021 Letter merely states that the request is made "[f]or logistic purposes" and "for consistency," and that the instant case and the case before Judge Wolfson "share the same counsel." (D.E. No. #3 at 1). Because Defendant fails to properly address either the reallocation or the reassignment standard, its request is DENIED. To the extent that Defendant seeks to renew its request, Local Civil Rule 40.1(d) requires that any "[o]bjection to either the allocation or the assignment of a civil case shall be made before the Chief Judge, on notice to opposing counsel and to the Judge to whom the case has been assigned." So Ordered by Judge Esther Salas on 7/29/2021. (ek)
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| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (ek) |
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Filing 4
LETTER ORDER: A telephonic initial scheduling conference shall be held on September 23, 2021 at 9:30 a.m. before Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. The parties shall file a proposed Joint Discovery Plan no later than three business days before the scheduled initial conference. The Court's form Joint Discovery Plan can be found # here. Signed by Magistrate Judge Edward S. Kiel on 7/13/2021. (sms)
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| Filing 3 Letter from David Herman. (HERMAN, DAVID) |
| Filing 2 Corporate Disclosure Statement by ELECTROLUX HOME PRODUCTS, INC. (HERMAN, DAVID) |
| Filing 1 NOTICE OF REMOVAL by ELECTROLUX HOME PRODUCTS, INC from Superior Court of Middlesex County, case number MID-L-7863-20. ( Filing and Admin fee $ 402 receipt number ANJDC-12617875), filed by ELECTROLUX HOME PRODUCTS, INC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B)(HERMAN, DAVID) |
| CASE REFERRED to Arbitration. (jr) |
| Case assigned to Judge Esther Salas and Magistrate Judge Edward S. Kiel. (jr) |
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