Joseph-Morgan v. BJ's Wholesale Club Inc. et al
| Jozel Joseph-Morgan |
| BJ's Wholesale Club Inc. and RPAI Pelham Manor, LLC |
| 1:2021cv04626 |
| August 17, 2021 |
| US District Court for the Eastern District of New York |
| Peggy Kuo |
| Eric N Vitaliano |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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Filing 14
ORDER granting #12 Motion for Protective Order. The proposed Confidentiality Order filed at [12-1] is so-ordered. Ordered by Magistrate Judge Peggy Kuo on 9/23/2021. (O'Neil-Berven, Ryan)
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| Filing 13 Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held by telephone on September 22, 2021. Attorney Adam roth appeared on behalf of plaintiff. Attorney Jarett Warner appeared on behalf of defendant. Defendant's counsel confirmed that the correct Defendant's name includes a comma before "Inc." The parties indicated that they are discussing whether the landlord was involved in any operations of the store, and, if not, the possibility of dismissing the case against it.The Court denied the #11 Motion for Protective Order with leave to refile using the Court's standard Confidentiality Order. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. The parties were directed to file a joint status report by December 17, 2021 reporting on the progress of discovery and raising any issues which need to be addressed. If the parties believe a referral to EDNY Court-Annexed mediation would be fruitful, they should file a joint request. A settlement conference will be held on March 31, 2022 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. Defendants representative was granted to participate by phone. The parties were directed to submit confidential ex parte settlement statements to Kuo_Chambers@nyed.uscourts.gov by March 22, 2022. The statements must include the last offer and demand, and a frank assessment of the strengths and weaknesses of each party's case. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The Court will schedule ex parte telephone calls with counsel after review of the statements. The Court encouraged the parties to have a settlement conference as soon as they are ready to have serious discussions and will consider advancing the settlement conference date upon request. (FTR Log: 10:35 - 10:45) (O'Neil-Berven, Ryan) |
| Filing 12 Letter MOTION for Discovery respectfully request to so-order the confidentiality order by BJ's Wholesale Club Inc., RPAI Pelham Manor, LLC. (Attachments: #1 Confidentiality Order) (Warner, Jarett) Modified on 9/23/2021 to correct motion type (O'Neil-Berven, Ryan). |
| Filing 11 Letter dated September 14, 2021 to Honorable Peggy Kuo, requesting to so-order the enclosed, proposed stipulation of confidentiality by BJ's Wholesale Club Inc. (Attachments: #1 proposed stipulation of confidentiality) (Warner, Jarett) Modified on 9/23/2021 to reflect this is a motion for protective order (O'Neil-Berven, Ryan). |
| Filing 10 Proposed Scheduling Order by BJ's Wholesale Club Inc. (Warner, Jarett) (Main Document 10 identified as malformed and replaced on 9/23/2021) (Lee, Tiffeny). |
| Filing 9 ANSWER to Complaint (Notice of Removal) by BJ's Wholesale Club Inc., RPAI Pelham Manor, LLC. (Attachments: #1 Certificate of Service) (Warner, Jarett) |
| Filing 8 DEMAND for Trial by Jury by Jozel Joseph-Morgan (Roth, Adam) |
| Filing 7 NOTICE of Appearance by Adam J Roth on behalf of Jozel Joseph-Morgan (aty to be noticed) (Roth, Adam) |
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SCHEDULING ORDER: Due to the Court's unavailability, the Initial Conference by telephone is adjourned to September 22, 2021 at 10:30 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) The deadline for the parties to file a joint and completed copy of the Proposed Discovery Plan remains September 16, 2021. Defendants' counsel is directed to ensure that Plaintiff is aware of this conference change. Ordered by Magistrate Judge Peggy Kuo on 8/24/2021. (O'Neil-Berven, Ryan)
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| Filing 6 NOTICE of Appearance by Jarett Lawrence Warner on behalf of BJ's Wholesale Club Inc., RPAI Pelham Manor, LLC (notification declined or already on case) (Warner, Jarett) |
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Filing 5
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on September 21, 2021 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)Counsel are directed to the annexed Initial Conference Order for instructions. By September 16, 2021, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/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. Defendants' counsel is directed to ensure that Plaintiff is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 8/18/2021. (O'Neil-Berven, Ryan)
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| 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. (Neptune, Pierre) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) |
| Filing 2 Corporate Disclosure Statement by BJ's Wholesale Club Inc., RPAI Pelham Manor, LLC (Warner, Jarett) |
| Filing 1 NOTICE OF REMOVAL by BJ's Wholesale Club Inc., RPAI Pelham Manor, LLC from Supreme Court of the State of New York, County of Kings, case number 518056/2021. ( Filing fee $ 402 receipt number ANYEDC-14759720) (Attachments: #1 Affidavit, #2 Certificate of Service, #3 Exhibit A - Summons & Complaint, #4 Civil Cover Sheet) (Warner, Jarett) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Neptune, Pierre) |
| Case Assigned to Judge Eric N. Vitaliano 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. (Neptune, Pierre) |
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