Pesce v. Gardner Bender, Inc. et al
Plaintiff: John Pesce
Defendant: Gardner Bender, Inc. and Cullen & Dykman LLP
Case Number: 1:2018cv06886
Filed: December 4, 2018
Court: US District Court for the Eastern District of New York
Presiding Judge: Nina Gershon
Referring Judge: Robert M Levy
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Notice of Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 14, 2019 Filing 17 STIPULATION Extending time to Answer by Cullen & Dykman LLP (Brittain, Cody)
January 2, 2019 Opinion or Order ORDER granting #15 Motion to Adjourn Conference. Pre Motion Conference scheduled for 1/9/2019 is adjourned to 2/13/2019 at 11:30 AM in Courtroom 6D South before Judge Nina Gershon. Ordered by Judge Nina Gershon on 1/2/2019. (Joe, Victor)
December 27, 2018 Filing 16 NOTICE of Appearance by Cody A. Brittain on behalf of Cullen & Dykman LLP (aty to be noticed) (Brittain, Cody)
December 20, 2018 Filing 15 Letter MOTION to Adjourn Conference by John Pesce. (Tanenbaum, Ted)
December 20, 2018 Opinion or Order Filing 14 ORDER Plaintiff's application for a transfer of this case to the Central Islip courthouse is denied. The court will hold a status conference on January 9, 2019 at 11:30 a.m. in courtroom 6D South. At the conference, the parties should be prepared to address defendant Gardner Bender, Inc.'s assertion in its Notice of Removal that the non-diverse defendant, Cullen & Dykman, LLP, was fraudulently joined. SO Ordered by Judge Nina Gershon on 12/19/2018. (Ramesar, Thameera)
December 18, 2018 Filing 13 STIPULATION Extending time to Answer by Cullen & Dykman LLP (Brittain, Cody) Modified on 12/18/2018 (Levy, Robert).
December 18, 2018 Opinion or Order ORDER granting #13 Motion for Extension of Time to Answer All Defendants. Ordered by Magistrate Judge Robert M. Levy on 12/18/2018. (Levy, Robert)
December 15, 2018 Filing 12 ANSWER to #9 Amended Complaint by Gardner Bender, Inc.. (Vignali, Rosario)
December 14, 2018 Filing 11 Letter (Corrected) by John Pesce (Tanenbaum, Ted)
December 13, 2018 Filing 10 Letter by John Pesce (Tanenbaum, Ted)
December 11, 2018 Filing 9 AMENDED COMPLAINT against All Defendants, filed by John Pesce. (Tanenbaum, Ted)
December 11, 2018 Filing 8 AFFIDAVIT/AFFIRMATION of Service by John Pesce (Tanenbaum, Ted)
December 11, 2018 Filing 7 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. (Davis, Kimberly)
December 11, 2018 Case Assigned to Judge Nina Gershon and Magistrate Judge Robert M. Levy. 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. (Davis, Kimberly)
December 10, 2018 Filing 6 ANSWER to Complaint by ECM Industries LLC by Gardner Bender, Inc.. (Vignali, Rosario)
December 4, 2018 Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. Additionally, case is reassigned to Office Code 1: Brooklyn as per civil cover sheet Rule 50.1(d)(2). (Rodin, Deanna)
December 4, 2018 Filing 4 Civil Cover Sheet.. by ECM Industries LLC (Vignali, Rosario)
December 4, 2018 Filing 3 Corporate Disclosure Statement by ECM Industries LLC identifying Corporate Parent Genstar Capital for ECM Industries LLC. (Vignali, Rosario)
December 4, 2018 Filing 2 NOTICE of Appearance by Rosario M. Vignali on behalf of ECM Industries LLC (notification declined or already on case) (Vignali, Rosario)
December 4, 2018 Filing 1 NOTICE OF REMOVAL by Gardner Bender, Inc. from Supreme Court of New York, Kings County, case number 522375/2018. (Filing fee $400 receipt number ANYEDC-10992026) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit E-mail Exchange, #3 Exhibit Civil Cover Sheet) (Vignali, Rosario) Modified on 12/4/2018 (Rodin, Deanna).
December 4, 2018 The Civil Cover Sheet was not filled out correctly - Specifically on Page 2 the NY-E Division of Business Rule 50.1(d)(2)section of the document; Question 2(b) needs to be completed; Counsel is directed to submit a corrected Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (Rodin, Deanna)

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Defendant: Gardner Bender, Inc.
Represented By: Rosario M. Vignali
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Defendant: Cullen & Dykman LLP
Represented By: Cody A. Brittain
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Plaintiff: John Pesce
Represented By: Ted J. Tanenbaum
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