Herrera v. Dollar Tree Stores, Inc.
| Margarita Herrera |
| Dollar Tree Stores, Inc. |
| 1:2020cv02501 |
| June 4, 2020 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Margo K Brodie |
| P.I.: Other |
| 28 U.S.C. ยง 1446 Notice of Removal |
| Plaintiff |
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Filing 13
ORDER, Plaintiff Margarita Herrera commenced the above-captioned action on February 6, 2020 in the New York Supreme Court, Queens County, against Defendant Dollar Tree Stores, Inc. (Notice of Removal 1, Docket Entry No. 1); see also Herrera v. Dollar Tree Stores, Inc., Index No. 702101/2020 (N.Y. Sup. Ct. filed Feb. 6, 2020). On June 4, 2020, Defendant removed the action to the Eastern District of New York. (Notice of Removal.) On July 2, 2020, Plaintiff moved to remand the action to state court. (Pl. Mot. to Remand, Docket Entry No. 11.) On July 8, 2020, the parties filed a stipulation to remand the action to state court, signed by counsel of record for both parties and dated July 6, 2020 (the "Stipulation"). (Stipulation, Docket Entry No. 12.) Accordingly, the Court endorses the Stipulation, (see So-Ordered Stipulation, annexed to this Order), and remands the action to the New York Supreme Court, Queens County. The Clerk of Court is directed to send a certified copy of this Order to the Clerk of the New York Supreme Court, Queens County, and to close the case. Ordered by Judge Margo K. Brodie on 7/9/2020. (Attachments: #1 Stipulation) (Piper, Francine)
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| Civil Case Terminated. (Piper, Francine) |
| Filing 12 STIPULATION to Remand by Margarita Herrera (Aglietti, Philip) |
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ORDER: The Court denies the #10 Request for a Pre Motion Conference as moot in light of the #11 Motion to Remand. The Court directs the parties to confer and submit a proposed briefing schedule for defendant's opposition to plaintiff's motion and plaintiff's reply. Ordered by Judge Margo K. Brodie on 7/6/2020. (Schindler, Emma)
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| Filing 11 Notice of MOTION to Remand to State Court by Margarita Herrera. (Aglietti, Philip) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom:Telephone Conference held on 7/1/2020 (AT&T #11:12-11:35.) (Panjini, Madhura) |
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ORDER: The Court held the initial telephone conference in plaintiff's diversity personal injury action on July 1, 2020 and set the following deadlines. The parties shall file any protective order by July 15, 2020. Any request to amend the pleadings or to join other parties shall be filed by July 15, 2020. See Fed. R. Civ. P. 16(b)(3)(A). The parties shall complete fact discovery by October 2, 2020, and if the parties need to conduct expert discovery, they shall write to the Court by September 18, 2020 setting forth the need for expert discovery and proposing an expert discovery timeline.The Court shall hold a telephone status conference on August 11, 2020 at 11:30 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 11:30 a.m. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 7/1/2020. (Panjini, Madhura)
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| Filing 10 Letter pre-motion conference request letter by Margarita Herrera (Aglietti, Philip) |
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ORDER re: #10 Pre Motion Conference Request. The Court directs defendant to respond to plaintiff's request for a pre-motion conference on or before July 8, 2020. Ordered by Judge Margo K. Brodie on 7/1/2020. (Schindler, Emma)
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| Filing 9 NOTICE of Appearance by Philip Aglietti on behalf of Margarita Herrera (notification declined or already on case) (Aglietti, Philip) |
| Filing 8 DEMAND for Trial by Jury by Margarita Herrera (Aglietti, Philip) |
| Filing 7 Proposed Scheduling Order by Dollar Tree Stores, Inc. (Smith, Gary) |
| Incorrect Entry Information. Notice of Appearances Document #5 was signed by Attorney Hiram Raldris and Document #6 was signed by Attorney William Ritterbusch. These Attorneys will not be added as counsel for plaintiff. The log in and password of Attorney Philip Aglietti was used to file the Notice of Appearances. Each Attorney filing a Notice of Appearance shall use their own login and password to be added to the Docket. (Piper, Francine) |
| Filing 6 NOTICE of Appearance by Philip Aglietti on behalf of Margarita Herrera (notification declined or already on case) (Aglietti, Philip) |
| Filing 5 NOTICE of Appearance by Philip Aglietti on behalf of Margarita Herrera (aty to be noticed) (Aglietti, Philip) |
| Filing 4 DEMAND for Trial by Jury by Margarita Herrera (Aglietti, Philip) |
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ORDER: Defendant's counsel removed this diversity personal injury case from Queens County Supreme Court on June 4, 2020. ECF No. 1. Any party seeking a jury trial shall make a demand by June 24, 2020. Fed. R. Civ. P. 81(c)(3)(A).The Court shall hold the initial conference by telephone on July 1, 2020 at 11:00 a.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 11:00 a.m. The parties shall exchange their Rule 26(a)(1) initial disclosures and file a 26(f) Meeting Report by June 24, 2020. As this is a personal injury case, plaintiff shall execute releases for all medical and/or mental health treatment related to this accident to defendant's counsel by June 24, 2020. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least forty-eight (48) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 6/10/2020. (Panjini, Madhura)
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| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 2 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 1 NOTICE OF REMOVAL by Dollar Tree Stores, Inc. from Supreme Court of the State of New York, County of Queens, case number 702101/2020. ( Filing fee $ 400 receipt number ANYEDC-12884501) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Complaint, #3 Exhibit B - Answer, #4 Exhibit C - Discovery Responses, #5 Exhibit D - Entity Information) (Smith, Gary) |
| Case Assigned to Judge Margo K. Brodie and Magistrate Judge Lois Bloom. 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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| Plaintiff: Margarita Herrera | |
| Represented By: | Laurence David Rahmanan |
| Represented By: | Philip Aglietti |
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| Defendant: Dollar Tree Stores, Inc. | |
| Represented By: | Gary Neal Smith |
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