Hadmira v. Hess Retail Stores, etal
| C. Leacock Hadmira |
| Hess Retail Stores, etal, Speedway Gas Station, Speedway, LLC and Hess Corporation |
| 1:2020cv03619 |
| August 11, 2020 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| James Orenstein |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Plaintiff |
Docket Report
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| Filing 13 DEMAND for Trial by Jury by C. Leacock Hadmira (Roth, Adam) |
Filing 12
SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: September 2, 2020. First request for production of documents and first request for interrogatories due by: September 2, 2020. Deadline for joinder of additional parties and amendment of pleadings: October 2, 2020. Fact discovery to be completed by: November 2, 2020. Plaintiff's expert disclosures due by: December 2, 2020. Defendants' expert disclosures due by: January 4, 2021. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: January 4, 2021. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): January 20, 2021, at 9:30 a.m. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 9/2/2020. (Orenstein, James)
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| Filing 11 Minute Entry for proceedings held before Magistrate Judge James Orenstein: Initial Conference Hearing held by telephone on 9/2/2020. Scheduling: The next pretrial conference will be held on January 20, 2021, at 9:30 a.m. Summary: As set forth on the record, I heard argument on the plaintiff's motion to remand and made an oral report and recommendation respectfully urging the court to deny the motion. Any party may file an objection (which should include the transcript of today's proceeding) by September 16, 2020. I will enter a separate case management and scheduling order that contemplates the completion of all remaining discovery (the parties having already exchanged some discovery over the past two years during state court proceedings) within four months. (Orenstein, James) |
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REPORT AND RECOMMENDATIONS re #7 First MOTION to Remand to State Court because Removal was untimely filed by C. Leacock Hadmira. For the reasons set forth on the record during the conference on September 2, 2020, I respectfully recommend that the court deny the motion. Objections to R&R due by 9/16/2020. See docket entry #11 . Ordered by Magistrate Judge James Orenstein on 9/2/2020. (Orenstein, James)
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| Filing 10 CASE MANAGEMENT STATEMENT on behalf of all parties (Roth, Adam) |
| Filing 9 REPLY in Support re #7 First MOTION to Remand to State Court because Removal was untimely, #8 Letter,, filed by C. Leacock Hadmira. (Attachments: #1 Exhibit Benn v. Metro North) (Roth, Adam) |
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ORDER REFERRING MOTION: Plaintiff's motion to remand to state court #7 is respectfully referred to Magistrate Judge James Orenstein for a report and recommendation. Ordered by Judge LaShann DeArcy Hall on 8/17/2020. (Williams, Erica)
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| Filing 8 Letter in Opposition to Plaintiff's Letter Motion by Hess Corporation, Hess Retail Stores, etal, Speedway Gas Station, Speedway, LLC (Attachments: #1 Exhibit Answer and Demands, #2 Exhibit Plaintiff Response to Demands, #3 Exhibit Letter to Plaintiff, #4 Exhibit Preliminary Conference Order, #5 Exhibit Letter to Plaintiff, #6 Exhibit Letter from Plaintiff, #7 Exhibit Letter to Plaintiff, #8 Exhibit Plaintiff's Response to Compliance Conference Order, #9 Exhibit Motion to Compel, #10 Exhibit Plaintiff's Suppl Response to Combined Demands to, #11 Exhibit Order, #12 Exhibit Plaintiff's Deposition) (Manna, Melissa) |
| Filing 7 First MOTION to Remand to State Court because Removal was untimely by C. Leacock Hadmira. (Attachments: #1 Exhibit 2nd Supplemental Bill of Particulars) (Roth, Adam) |
| Filing 6 NOTICE of Appearance by Adam J Roth on behalf of C. Leacock Hadmira (aty to be noticed) (Roth, Adam) |
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Filing 5
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to attend an initial discovery planning conference on September 2, 2020, at 11:00 a.m. that will take place telephonically. The call-in information for the telephone conference is 1-877-336-1839 and the access code is 391-4302. I respectfully direct all counsel to call in to the telephone conference five minutes before the conference begins. If any party has any difficulty accessing the telephone conference, please contact chambers at Orenstein_Chambers@nyed.uscourts.gov. No later than August 31, 2020, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. Each party's counsel must be personally prepared to discuss all factual and legal issues in the case, including the possibility of settlement; otherwise, the client must attend in person as well. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 8/12/2020. (Almonte, Kelly)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 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 2 DISCLOSURE of Interested Parties by Hess Retail Stores, etal. (Bowens, Priscilla) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge James Orenstein. 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 1 NOTICE OF REMOVAL by Hess Retail Stores, etal from Supreme Kings, case number 522043/2018. ( Filing fee $ 400 receipt number ANYEDC-13194965) (Attachments: #1 Civil Cover Sheet, #2 Rule 7.1 Statement, #3 Exhibit Plaintiff Summons and Complaint, #4 Exhibit Defendant Speedway Answer, #5 Exhibit Plaintiff Bill of Particulars, #6 Exhibit Certificate of Merger, #7 Exhibit Plaintiff's Response to Combined Demands, #8 Exhibit Correspondence to Plaintiff, #9 Exhibit Preliminary Conference Order, #10 Exhibit Correspondence to Plaintiff, #11 Exhibit Correspondence from Plaintiff, #12 Exhibit Demand for Ad Damnum, #13 Exhibit Compliance Conference Order, #14 Exhibit Plaintiff Response to Compliance Conference Order, #15 Exhibit Motion to Compel without exhibits, #16 Exhibit Plaintiff's Response to Ad Damnum) (Manna, Melissa) |
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