Emptage Smith et al v. BJ's Wholesale Club, Inc.
| Charlesworth Samuel and Xavier Jones |
| BJ's Wholesale Club, Inc. |
| Everonica Emptage Smith |
| 1:2020cv03491 |
| August 3, 2020 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Steven M Gold |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on September 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 10 Minute Entry: Telephone Conference held on 9/14/2020 before Magistrate Judge Steven M. Gold. Ram for plaintiff, Kushnir for defendant. Defendant's motion for leave to file a third-party complaint, or counterclaim, is granted as unopposed. Defendant withdraws its affirmative defenses based on forum non conveniens and service. THE COURT WILL HOLD A FURTHER CONFERENCE AT 11:30 AM ON NOVEMBER 12, 2020, in anticipation of the driver of the vehicle appearing as a third-party defendant by then. Counsel are encouraged to exchange all authorizations releasing pertinent medical records between now and then. (Gillespie, Saudia) |
| Filing 9 THIRD PARTY COMPLAINT against Everonica Emptage Smith, filed by BJ's Wholesale Club, Inc.. (Attachments: #1 Exhibit A - Summons & Verified Complaint, #2 Exhibit B- Verified Answer) (Kushnir, Leonid) |
ORDER granting #8 Motion for Leave to File as unopposed. Ordered by Magistrate Judge Steven M. Gold on 9/14/2020. (Gold, Steven)
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SCHEDULING ORDER: A telephone conference will be held at 10:00 a.m. on September 14, 2020 before the undersigned. Counsel for all parties must participate. Counsel shall be prepared to discuss Dkt. #8 . Each party is directed to call the following conference number: 877-336-1839 and use access code 3482793. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 9/8/2020. (Gillespie, Saudia)
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| Filing 8 Notice of MOTION for Leave to File Document Third-Party Complaint by BJ's Wholesale Club, Inc.. (Attachments: #1 Exhibit A, Proposed Third Party Complaint #2 Exhibit Ex. B, Plaintiff's Summons and Complaint (3) Exhibit C, Answer and Affirmative Defenses #4 Exhibit D, Notice of Removal #5 Exhibit E, Letter to GEICO #6 Exhibit F, B.J.'s Receipt#7 Exhibit G, Photo of Dashboard) (Kushnir, Leonid) Modified on 9/8/2020 to label to correctly label exhibits. (McGee, Mary Ann). |
| Filing 7 NOTICE of Appearance by Joshua Ram on behalf of All Plaintiffs (notification declined or already on case) (Ram, Joshua) |
| Filing 6 NOTICE of Appearance by Leonid Kushnir on behalf of BJ's Wholesale Club, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Kushnir, Leonid) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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) |
| Case Assigned to Judge Margo K. Brodie and Magistrate Judge Steven M. Gold. 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) |
| Filing 3 Corporate Disclosure Statement by BJ's Wholesale Club, Inc. (Attachments: #1 Certificate of Service) (Warner, Jarett) |
| Filing 2 Civil Cover Sheet.. by BJ's Wholesale Club, Inc. (Attachments: #1 Certificate of Service) (Warner, Jarett) |
| Filing 1 NOTICE OF REMOVAL by BJ's Wholesale Club, Inc. from Supreme Court of the State of New York, County of Queens, case number 707237/2020. ( Filing fee $ 400 receipt number ANYEDC-13155812) (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Verified Answer, #3 Exhibit C - Notice to Admit, #4 Certificate of Service) (Warner, Jarett) |
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