Michael v. Bob Evans Restaurants, LLC
| Amy Michael |
| Bob Evans Restaurants, LLC |
| 1:2022cv00053 |
| January 4, 2022 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Taryn A Merkl |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 28, 2022. A more recent docket listing may be available from PACER.
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Minute Entry and Order: A telephonic Initial Conference was held on 2/28/2022 before Magistrate Judge Taryn A. Merkl. Appearances by Justin Brandel for Plaintiff; Joseph Oliva and Leslie Gelhar for Defendant. The parties represented that they have already completed their Rule 26(f) conference, initial disclosures, and medical authorizations. The parties' proposed discovery schedule is adopted, in part, as follows. The deadline for any supplemental initial disclosures and medical authorizations is 3/14/2022. First requests for production of documents and interrogatories are due by 5/2/2022. Phase I discovery shall be completed by 5/16/2022. The deadline to join new parties or amend the pleadings is 6/30/2022. Fact discovery shall be completed by 9/16/2022. The deadline to file a status report on ECF certifying the close of fact discovery is 9/23/2022. The parties are directed to exchange expert disclosures by 10/17/2022. The parties are directed to complete expert depositions by 11/18/2022. Rebuttal expert disclosures shall be exchanged by 12/5/2022. The deadline to file a status report on ECF certifying the close of all discovery is 12/5/2022.The deadline to initiate any dispositive motions is 1/5/2023, and should be done in accordance with the Individual Practices and Rules of Judge Margo K. Brodie. The parties are directed to file a joint status report by 6/3/2022 indicating their progress as to settlement, and whether the parties would like a referral to the EDNY Mediation Program, or a settlement conference before the Court. Ordered by Magistrate Judge Taryn A. Merkl on 2/28/2022. (AT&T Log #10:59-11:21.) (Devanathan, Deepa)
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| Filing 11 CASE MANAGEMENT STATEMENT (Brandel, Justin) |
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ORDER: The Motion of Leslie Gelhar for Leave to Appear Pro Hac Vice #10 is granted. The attorney shall register for ECF; registration is available online at the EDNY's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Taryn A. Merkl on 1/27/2022. (Devanathan, Deepa)
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| Filing 10 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15230214. by Bob Evans Restaurants, LLC. (Attachments: #1 Affidavit Affidavit of Leslie A. Gelhar) (Gelhar, Leslie) |
| Filing 9 DEMAND for Trial by Jury by Amy Michael (Attachments: #1 Certificate of Service) (Brandel, Justin) |
| Filing 8 NOTICE of Appearance by Justin D. Brandel on behalf of Amy Michael (notification declined or already on case) (Attachments: #1 Certificate of Service) (Brandel, Justin) |
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Filing 7
SCHEDULING ORDER: A telephonic Initial Conference will be held on 2/28/2022 at 11:00 a.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the attached Case Management Worksheet and electronically file same with the Court no later than 2/21/2022 . Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Ordered by Magistrate Judge Taryn A. Merkl on 1/6/2022. (Chan, Kaity)
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| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 5 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 4 Civil Cover Sheet.. Re #1 Notice of Removal, by Bob Evans Restaurants, LLC (Oliva, Joseph) |
| Case Assigned to Chief Judge Margo K. Brodie and Magistrate Judge Taryn A. Merkl. 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) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page must be answered. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Neptune, Pierre) |
| Filing 3 NOTICE of Appearance by Joseph A. Oliva on behalf of Bob Evans Restaurants, LLC (notification declined or already on case) (Attachments: #1 Certificate of Service Certificate of Service) (Oliva, Joseph) |
| Filing 2 Corporate Disclosure Statement by Bob Evans Restaurants, LLC (Attachments: #1 Certificate of Service Certificate of Service) (Oliva, Joseph) |
| Filing 1 NOTICE OF REMOVAL by Bob Evans Restaurants, LLC from Kings County Supreme Court of the State of New York, case number 531671/2021. ( Filing fee $ 402 receipt number ANYEDC-15163604) (Attachments: #1 Exhibit Summons and Complaint with proof of service, #2 Exhibit Answer, #3 Civil Cover Sheet Civil Cover Sheet, #4 Certificate of Service Certificate of Service) (Oliva, Joseph) |
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| Plaintiff: Amy Michael | |
| Represented By: | Justin D. Brandel |
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| Defendant: Bob Evans Restaurants, LLC | |
| Represented By: | Joseph A. Oliva |
| Represented By: | Leslie A Gelhar |
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