MYKOFF et al v. HOME DEPOT, INC. et al
| Ron Greenberg and Abraham Mykoff |
| Scott Fluger, DOES 1 TO 100, Jim Cahill, Mayor Jim Cahill, Christopher Paladino, COURI, Bier Associates, Board of Commissioners New Brunswick Parking Authority, Charles E. Tomaro, Director Robert Rawls, New Brunswick Parking Authority Board Board of Commissioners, Robert Rawls, TOKIO MARINE HOLDINGS INC., Leonard T. Bier, Executive Director Mitch Karon, Middlesex Board of County Commissioners, HOME DEPOT, INC., MILLAN STYLEE USA, INC., PHILADELPHIA INSURANCE COMPANIES, Middlesex County's Board of Chosen Freeholders, Mitch Karon and INTERTEK, INC. |
| 3:2018cv13110 |
| August 23, 2018 |
| US District Court for the District of New Jersey |
| Tonianne J Bongiovanni |
| Anne E Thompson |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 31, 2018. A more recent docket listing may be available from PACER.
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Filing 26
ORDER Scheduling Conference set for 11/19/2018 at 03:30 PM in Trenton - Courtroom 6E before Magistrate Judge Tonianne J. Bongiovanni . Signed by Magistrate Judge Tonianne J. Bongiovanni on 8/31/2018. (kas, ) Modified on 9/4/2018 (km).
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| Filing 25 ANSWER to Amended Complaint HOME DEPOT U.S.A., INC.'S ANSWER TO PLAINTIFFS' FIRST AMENDED COMPLAINT by HOME DEPOT, INC..(GIACOPELLI, MICHAEL) |
| Filing 24 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:17-cv-08466. Original file certified copy of transfer order and docket sheet received. |
| Judge Anne E. Thompson and Magistrate Judge Tonianne J. Bongiovanni added. (jem) |
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Filing 23
ORDER: The Clerk of Court is directed to restore this case, and transfer it to the United States District Court for the District of New Jersey. The Clerk of Court is further directed to mail a copy of this order to Plaintiffs and note service on the docket. SO ORDERED. (Signed by Judge George B. Daniels on 8/21/2018) (ama) Transmission to Docket Assistant Clerk for processing.
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| Filing 22 SUMMONS RETURNED EXECUTED. Summons and Amended Complaint, served. Couri served on 7/16/2018, answer due 8/6/2018. Service was accepted by R.R.(unnamed receptionist/Front Desk). Document filed by Ron Greenberg; Abraham Mykoff. (sc) |
| Filing 21 SUMMONS RETURNED UNEXECUTED as to Millan Stylee USA, Inc. Attempted Service of Summons and Amended Complaint. Service was attempted on 7/12/18. Document filed by Ron Greenberg, Abraham Mykoff. (sc) |
| Filing 20 SUMMONS RETURNED EXECUTED. Summons and Amended Complaint, served. Home Depot, Inc. served on 7/13/2018, answer due 8/3/2018. Service was accepted by Quivesca Malcomb, Claims Supervisor. Document filed by Ron Greenberg; Abraham Mykoff. (sc) |
| Filing 19 SUMMONS RETURNED EXECUTED. Summons and Amended Complaint, served. Intertek, Inc. served on 7/12/2018, answer due 8/2/2018. Service was accepted by "John Doe"(name refused, Legal Representative of CSC). Document filed by Ron Greenberg and Abraham Mykoff; Intertek, Inc. (sc) |
| Filing 18 SUMMONS RETURNED EXECUTED. Summons and Amended Complaint, served. Tokio Marine Holdings, Inc. served on 7/17/2018, answer due 8/7/2018. Service was accepted by Angelique Cooper, Paralegal. Document filed by Ron Greenberg; Abraham Mykoff. (sc) |
| Filing 17 SUMMONS RETURNED EXECUTED. Amended Summons and Amended Complaint, served. Philadelphia Insurance Companies served on 7/13/2018, answer due 8/3/2018. Service was accepted by Morgan Knapp. Document filed by Ron Greenberg; Abraham Mykoff. (sc) |
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Filing 16
ORDER: As such, Plaintiffs' case is hereby DISMISSED for failure to prosecute and improper venue. (Signed by Judge George B. Daniels on 8/6/2018) (jwh)
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| Filing 15 EMERGENCY MOTION FOR AN ORDER AUTHORIZING SUBSTITUTED SERVICE ON ABSCONDING DEFENDANT PURS. TO CALIFORNIA STATE LAW. Document filed by Abraham Mykoff.(sc) |
| AMENDED SUMMONS ISSUED as to Couri, Home Depot, Inc., Intertek, Inc., Millan Stylee USA, Inc., Philadelphia Insurance Companies, Tokio Marine Holdings, Inc. (sac) |
| AMENDED FRCP 4 SERVICE PACKAGE MAILED to Abraham Mykoff, Ron Greenberg, at 401 North Fifth Avenue Edison, NJ 08817, on 7/5/2018 Re: #13 Order on Motion for Extension of Time, via Federal Express AIRBILL # 8127 8624 0282. The following document(s) were enclosed in the Service Package: copy of Amended Complaint, one or more summonses (only if you have paid the fee in person or if the judge has ordered that a summons be issued to you) - Six copies of Summons(es) mailed. (sac) |
| Filing 14 FIRST AMENDED COMPLAINT; re: amending #1 Complaint against Couri, Does 1 to 100, Home Depot, Inc., Intertek, Inc., Millan Stylee USA, Inc., Tokio Marine Holdings, Inc., Philadelphia Insurance Companies with JURY DEMAND.Document filed by Ron Greenberg, Abraham Mykoff. Related document: #1 Complaint.(sc) Modified on 7/5/2018 (sac). |
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Filing 13
ORDER granting #11 Motion for Extension of Time: Plaintiffs' request for an extension of time to serve Defendants by July 16, 2018, (ECF No. 11), is hereby GRANTED. No further extension of time will be permitted. Failure to effectuate service by that time will result in a dismissal of this case for failure to prosecute and/or improper venue. (Service due by 7/16/2018.) (Signed by Judge George B. Daniels on 6/14/2018) (jwh)
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| Filing 12 NOTICE OF MOTION TO AMEND; re: to Amend/Correct #1 Complaint. Document filed by Abraham Mykoff.(sc) |
| Filing 11 MOTION FOR AN EXTENSION OF TIME TO SERVE SUMMONS & COMPLAINT ON ALL OF THE DEFENDANTS. Document filed by Abraham Mykoff.(sc) |
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Filing 10
ORDER: It is hereby ORDERED that Plaintiffs' time to serve Defendants is extended from May 17, 2018 to June 15, 2018. (Service due by 6/15/2018.) (Signed by Judge George B. Daniels on 5/11/2018) (jwh)
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| ***DELETED DOCUMENT. Deleted document number #11 Notice of Voluntary Dismissal. The document was incorrectly filed in this case. (jwh) |
| Filing 9 LETTER addressed to Judge George B. Daniels from Rabbi Abraham J. Mykoff, dated 5/9/18 re: Plaintiff writes that, for the reasons set forth in his Affidavit and in this letter(as indicated), he requests a grant of additional time during which to serve the numerous summonses and to obtain proper counsel who will be able to prosecute this case in a professional manner. Document filed by Abraham Mykoff.(sc) |
| AMENDED SUMMONS ISSUED as to Home Depot, Inc., Couri, Scott Flugger, Kape Insurance Agency, Philadelphia Insurance Companies,Jim Cahill, Middlesex Board of County Commissioners, Robert Rawls, Charles E. Tomaro, Middlesex Countys Board of Chosen Freeholders, Christopher Paladino, Mitch Karon,Board of Commissioners New Brunswick Parking Authority, Leonard T. Bier, Bier Associates, New Brunswick Parking Authority Board of Commissioners(nb). |
| Filing 8 AFFIRMATION OF ABRAHAM J. MYKOFF. Document filed by Abraham Mykoff. (sc) |
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Filing 7
ORDER: It is hereby ORDERED that Plaintiffs have until May 17, 2018 to serve Defendants. Failure to do so by that time will result in a dismissal of this case for failure to prosecute and/or improper venue. ( Service due by 5/17/2018.) (Signed by Judge George B. Daniels on 4/17/2018) (jwh)
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Filing 6
FRCP 4 SERVICE PACKAGE MAILED to Abraham Mykoff 401 North Fifth Ave Edison, NJ 08817, at, on 11/14/2017 Re: #4 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), one or more summonses (only if you have paid the fee in person or if the judge has ordered that a summons be issued to you) - 17 copies of Summons(es) mailed. (nb)
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| Filing 5 SUMMONS ISSUED as to Home Depot, Inc., Couri, Scott Flugger, Kape Insurance Agency, Philadelphia Insurance Companies,Jim Cahill, Middlesex Board of County Commissioners, Robert Rawls, Charles E. Tomaro, Middlesex Countys Board of Chosen Freeholders, Christopher Paladino, Mitch Karon,Board of Commissioners New Brunswick Parking Authority, Leonard T. Bier, Bier Associates, New Brunswick Parking Authority Board of Commissioners (nb) |
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Filing 4
ORDER OF SERVICE: The Clerk of Court is directed to issue summonses as to Defendants. Plaintiff is directed to serve a summons and complaint on each of the Defendants within 90 days of the issuance of the summons. If within those 90 days, Plaintiff has not either served Defendants or requested an extension of time to do so, the Court may dismiss the claims against Defendants under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute. The Clerk of Court is further directed to mail a copy of this order to Plaintiff, together with an information package. The Court certifies under 28 U.S.C. l 915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauper is status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge George B. Daniels on 11/13/2017) (jwh)
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| Filing 2 CIVIL COVER SHEET filed. (kl) |
| Filing 1 COMPLAINT against Leonard T. Bier(General legal counsel for New Brunswick Parking Authority, Individually), Leonard T. Bier(Board, Individually), Leonard T. Bier(Board, in official capacity), Leonard T. Bier (General legal counsel for New Brunswick Parking Authority in official capacity), Bier Associates(in official capacity), Bier Associates(Individually), Board of Commissioners New Brunswick Parking Authority, Jim Cahill(The City of New Brunswick, individually), Jim Cahill (The City of New Brunswick, in official capacity), Couri, Does 1 to 100, Scott Fluger(in official capacity), Scott Fluger(Individually), Home Depot, Inc., Kape Insurance Agency(in official capacity), Kape Insurance Agency(Individually), Mitch Karon(New Brunswick Parking Authority, Individually), Mitch Karon(New Brunswick Parking Authority, in official capacity), Middlesex Board of County Commissioners, Middlesex County's Board of Chosen Freeholders(Individually), Middlesex County's Board of Chosen Freeholders(in official capacity), New Brunswick Parking Authority Board Board of Commissioners, Christopher Paladino(DEVCO, individually ), Christopher Paladino (DEVCO, in official capacity), Philadelphia Insurance Companies, Robert Rawls(The City of New Brunswick Fire Department, in official capacity), Robert Rawls(The City of New Brunswick Fire Department, Individually), Charles E. Tomaro. (Filing Fee $ 400.00, Receipt Number 465401194405)Document filed by Ron Greenberg, Abraham Mykoff. (Attachments: #1 Complaint Part 2, #2 Demand for Jury Trial, #3 Notice of Non-Availability, #4 Certification of Timely Filing)(kl) |
| Case Designated ECF. (kl) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (kl) |
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