Evenes v. Lowe's Home Centers, LLC
| Angelo Evenes |
| Lowe's Home Centers, LLC |
| 1:2021cv05068 |
| September 10, 2021 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Peggy Kuo |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Petition for Removal |
| Plaintiff |
Docket Report
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ORDER granting #12 Motion to Amend/Correct/Supplement. Plaintiff is granted leave to file their amended complaint. The #12 Motion to Adjourn Conference is granted. The initial conference by telephone is adjourned sine die in light of the anticipated motion to remand. The parties are directed to file a joint proposed discovery plan within seven (7) days of a decision on the motion to remand if the motion is not fully granted. Ordered by Magistrate Judge Peggy Kuo on 11/1/2021. (O'Neil-Berven, Ryan)
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| Filing 12 First MOTION to Amend/Correct/Supplement Complaint, with Second Request for Adjournment of Initial Conference by Angelo Evenes. (Attachments: #1 Exhibit Stipulation - Request to So-Order - Amendment of Complaint, #2 Exhibit Defendant's Rule 26 Disclosure, #3 Exhibit NYS Dep't of State Entity Info. - Diaz Transportation LLC) (Minc, Jesse). Added MOTION to Adjourn Conference on 11/1/2021 (O'Neil-Berven, Ryan). |
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Filing 11
ORDER granting #8 Motion to Substitute Attorney. Attorney Jennifer R. Harris is substituted as counsel in place of Attorney Kenneth L. Bostick, Jr. Ordered by Magistrate Judge Peggy Kuo on 10/21/2021. (O'Neil-Berven, Ryan)
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| Filing 10 Letter MOTION to Adjourn Conference scheduled on November 3, 2021 by Lowe's Home Centers, LLC. (Harris, Jennifer) |
| Filing 9 NOTICE of Appearance by Jennifer Rebecca Harris on behalf of Lowe's Home Centers, LLC (aty to be noticed) (Harris, Jennifer) |
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ORDER granting #10 Motion to Adjourn Conference. The Initial Conference by telephone is adjourned to November 15, 2021 at 11:00 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.) By November 9, 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. Ordered by Magistrate Judge Peggy Kuo on 10/21/2021. (O'Neil-Berven, Ryan)
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| Filing 8 MOTION to Substitute Counsel - DECLARATION PURSUANT TO LOCAL RULE 1.4 by Lowe's Home Centers, LLC (Attachments: #1 Exhibit Tender Letter and Complaint, #2 Exhibit Tender Acceptance to Lowes) (Harris, Jennifer) Modified filing event on 10/21/2021 (Lee, Tiffeny). |
| Filing 7 DEMAND for Trial by Jury by Angelo Evenes (Minc, Jesse) |
| Filing 6 NOTICE of Appearance by Jesse Michael Minc on behalf of All Plaintiffs (aty to be noticed) (Minc, Jesse) |
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Filing 5
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on November 3, 2021 at 10:00 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 October 28, 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. Defendant's counsel is directed to ensure that Plaintiff is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 9/14/2021. (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. (Davis, Kimberly) |
| Filing 3 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) |
| Filing 2 Corporate Disclosure Statement by Lowe's Home Centers, LLC identifying Corporate Parent Lowe's Companies, Inc. for Lowe's Home Centers, LLC. (Bostick, Kenneth) |
| Case Assigned to Chief Judge Margo K. Brodie 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. (Davis, Kimberly) |
| 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. (Davis, Kimberly) |
| Filing 1 NOTICE OF REMOVAL by Lowe's Home Centers, LLC from Supreme Court - County of Queens, case number 713230/2021. (Filing fee $402 receipt number ANYEDC-14827186) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit A - Pleadings, #2 Exhibit B - Demand, #3 Civil Cover Sheet, #4 Affidavit of Service Certificate of Service) (Bostick, Kenneth) Modified on 9/13/2021 (Rodin, Deanna). |
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| Plaintiff: Angelo Evenes | |
| Represented By: | Robert H. Wolff |
| Represented By: | Jesse Michael Minc |
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| Defendant: Lowe's Home Centers, LLC | |
| Represented By: | Kenneth L. Bostick, Jr |
| Represented By: | Jennifer Rebecca Harris |
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