Pagnotta v. Outback Steakhouse of Florida, LLC
| Denise Pagnotta |
| Outback Steakhouse of Florida, LLC |
| 1:2018cv04684 |
| August 20, 2018 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Ann M Donnelly |
| Peggy Kuo |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Personal Injury |
| Defendant |
Docket Report
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| Filing 11 Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on 10/11/2018. Attorney Nicholas P. Scunziano appeared by telephone on behalf of plaintiff. Attorney Robert James Ferreri appeared on behalf of defendant. Plaintiff's counsel stated that plaintiff has undergone carpal tunnel surgery and that she was out of work for about two weeks as a result of the underlying incident. The parties indicated that the only witness to the incident was plaintiff's daughter. Plaintiff's counsel also stated that there was a contractor working on the premises and that he expects to add the contractor along with the landowner, as parties to the case. He said that in doing so, there will no longer be diversity jurisdiction. The parties were directed to discuss this issue and file a voluntary dismissal if appropriate. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. A settlement conference will be held on March 27, 2019 at 2:00 pm in Courtroom 11C South, before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the defendants with complete settlement authority (other than counsel) must be present, unless leave is granted to participate by phone. The parties were directed to submit confidential settlement statements to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by March 19, 2019. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. (FTR Log #11:07-11:20.) (Riquelme, Claudia) |
| Filing 10 Proposed Scheduling Order Joint by Outback Steakhouse of Florida, LLC (Ferreri, Robert) |
ORDER granting #9 Motion to Adjourn Conference. The Initial Conference set for September 27, 2018 is rescheduled to October 11, 2018 at 11:00 AM in Courtroom 11C South before Magistrate Judge Peggy Kuo. Ordered by Magistrate Judge Peggy Kuo on 9/24/2018. (Riquelme, Claudia)
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| Filing 9 First MOTION to Adjourn Conference on consent by Outback Steakhouse of Florida, LLC. (Ferreri, Robert) |
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Filing 8
SCHEDULING ORDER: An Initial Conference will be held in this case on September 27, 2018 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge, in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. At least five days before the Conference, the parties must file a completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: https://www.nyed.uscourts.gov/pub/PK-discovplan.pdf. Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Peggy Kuo on 9/7/2018. (Attachments: #1 Proposed Discovery Plan) (Riquelme, Claudia)
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| Filing 7 DEMAND for Trial by Jury by Outback Steakhouse of Florida, LLC (Attachments: #1 Affidavit of Service) (Ferreri, Robert) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 4 Civil Cover Sheet.. Re #2 Corporate Disclosure Statement, Notice (Other), #3 Proposed Summons/Civil Cover Sheet, #1 Notice of Removal,, by Outback Steakhouse of Florida, LLC (Ferreri, Robert) |
| Filing 3 Civil Cover Sheet.. Re #2 Corporate Disclosure Statement, #1 Notice of Removal,, by Outback Steakhouse of Florida, LLC (Ferreri, Robert) |
| Filing 2 Corporate Disclosure Statement by Outback Steakhouse of Florida, LLC identifying Corporate Parent Bloomin' Brands, Inc. for Outback Steakhouse of Florida, LLC. (Ferreri, Robert) |
| Filing 1 NOTICE OF REMOVAL by Outback Steakhouse of Florida, LLC ( Filing fee $ 400 receipt number 0207-10667502) (Attachments: #1 Exhibit Summons & Complaint, #2 Exhibit Original Petition for Removal, #3 Exhibit Order to Show Cause Proof of Threshold, #4 Exhibit Order Remanding to State Court, #5 Exhibit Outback's Answer & CPLR 3017c Notice, #6 Exhibit Plaintiff's Verified Bill of Particulars, #7 Exhibit Response to Notice Pursuant to CPLR 3017c) (Ferreri, Robert) |
| NOTICE - The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit corrected Civil Cover Sheet. (Bowens, Priscilla) |
| Case assigned to Judge Ann M Donnelly and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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| Defendant: Outback Steakhouse of Florida, LLC | |
| Represented By: | Robert James Ferreri |
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| Plaintiff: Denise Pagnotta | |
| Represented By: | Nicholas P. Scunziano |
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