Harris v. BJ's Wholesale Club, Inc.
| Latisha T. Harris |
| BJ's Wholesale Club, Inc. |
| 1:2022cv05705 |
| September 23, 2022 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Vera M Scanlon |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
Docket Report
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| Case no longer referred to Magistrate Judge Vera M. Scanlon. (FG) |
CONSENT to Jurisdiction by US Magistrate Judge: The #9 Consent to Jurisdiction by US Magistrate Judge is So Ordered. Case reassigned to Magistrate Judge Vera M. Scanlon for all further proceedings. Ordered by Judge Pamela K. Chen on 11/21/2022. Judge Pamela K. Chen no longer assigned to case. 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. (FG)
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| Filing 9 CONSENT to Jurisdiction by US Magistrate Judge by BJ's Wholesale Club, Inc.. (Sophocleous, Demetra) |
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STATUS REPORT ORDER: The parties will file a status letter as to the mediator selection by 11/29/2022. Ordered by Magistrate Judge Vera M. Scanlon on 11/16/2022. (MG)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Telephonic Initial Conference held on 11/15/2022. David J. Hernandez appearing for Plaintiff. Demetra Sophocleous appearing for Defendant. See separate docket entry for Order issuing from this proceeding. (FTR Log #1:34-1:53.)(MG) |
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SCHEDULING ORDER: As discussed at the 11/15/2022 Telephonic Initial Conference, the parties will serve Rule 26(a)(1) initial disclosures by 12/6/2022. Initial document requests and interrogatories must be served by 12/13/2022. Any joinder and/or amendments of the pleadings must be made by 1/26/2023. Fact discovery must be completed by 3/14/2023. Initial expert disclosures must be served by 3/28/2023. Initial expert reports must be served by 5/2/2023. Rebuttal expert reports must be served by 7/14/2023. All discovery, including expert depositions, must be completed by 8/31/2023, and the parties will file a joint letter confirming that discovery is complete by the same date. On or before 9/29/2023, the parties will initiate any dispositive motion practice in accordance with the Individual Rules of the District Judge. If any or both parties seek a jury trial, they should file a jury demand on the docket.A Status Conference is set for 3/29/2023 at 3:30 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. On or before 3/21/2023, the parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. Ordered by Magistrate Judge Vera M. Scanlon on 11/15/2022. (MG)
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ORDER REFERRING CASE to Mediation. Selection of Mediator due by 11/29/2022. Mediation shall be completed by 2/15/2023. Ordered by Magistrate Judge Vera M. Scanlon on 11/15/2022. (MG)
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| Filing 8 Proposed Scheduling Order by BJ's Wholesale Club, Inc. (Sophocleous, Demetra) |
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ORDER. The parties failed to comply with the 10/28/2022 Order. The parties will comply by 5:00 PM on 11/14/2022 by filing the Joint Proposed Case Management Plan (CMP) on ECF. Ordered by Magistrate Judge Vera M. Scanlon on 11/14/2022. (MG)
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| Filing 7 NOTICE of Appearance by Demetra Sophocleous on behalf of BJ's Wholesale Club, Inc. (notification declined or already on case) (Sophocleous, Demetra) |
| Email Notification Test - DO NOT REPLY (EV) |
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Filing 6
ORDER granting #5 Letter Request for Adjournment. The Telephonic Initial Conference is rescheduled for 11/15/2022 at 1:30 PM. The parties are to call 877-336-1829 and enter access code 3581283 for the AT&T conference bridge. Parties are reminded that they must provide good cause for adjournments. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 11/1/2022. In the event that any Defendant has not answered or otherwise appeared, Plaintiff must also mail a copy of this Order, its attachment and the full docket to the last known mailing address for such Defendant and file proof on ECF by the CMP filing date. Ordered by Magistrate Judge Vera M. Scanlon on 10/28/2022. (MG)
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| Filing 5 Letter Request for Adjournment by Latisha T. Harris (Hernandez, David) Modified on 10/28/2022 (MG). |
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Filing 4
SCHEDULING ORDER: A Telephonic Initial Conference is scheduled for 11/1/2022 at 2:00 p.m. before Magistrate Judge Vera M. Scanlon. The parties are to call 877-336-1829 and type in the access code 3581283 for the AT&T conference bridge. Persons granted remote access to proceedings are reminded of the general prohibition against recording and rebroadcasting of court proceedings. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 10/18/2022. In the event that any Defendant(s) has not answered or otherwise appeared, Plaintiff(s) must also mail a copy of this Order, its attachment and the full docket to the last known mailing address(es) for such Defendant(s) and file proof on ECF by the CMP filing date. Ordered by Magistrate Judge Vera M. Scanlon on 10/5/2022. (JR)
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ORDER: Having reviewed Defendant's #1 Notice of Removal, the Court finds that Defendant has established jurisdiction pursuant to 28 U.S.C. Section 1332 to remove this case to federal court because the parties are citizens of different states, and because the amount in controversy is more than $75,000, as evidenced by Plaintiff's September 21, 2022 demand for at least $2 million in damages. See Moltner v. Starbucks Coffee Co., 624 F.3d 34, 38 (2d Cir. 2010). Pursuant to 28 U.S.C. Section 1447, Plaintiff has until October 24, 2022 to move to remand this case on the basis of any defect other than lack of subject matter jurisdiction. Ordered by Judge Pamela K. Chen on 9/24/2022. (Mahkamova, Shirin)
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| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 2 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 1 NOTICE OF REMOVAL by BJ's Wholesale Club, Inc. from Kings County, case number 518479/2022. ( Filing fee $ 402 receipt number BNYEDC-15970852) (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibits) (Sophocleous, Demetra) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Vera M. Scanlon. 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) |
| 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. (Bowens, Priscilla) |
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| Plaintiff: Latisha T. Harris | |
| Represented By: | David J. Hernandez |
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| Defendant: BJ's Wholesale Club, Inc. | |
| Represented By: | Demetra Sophocleous |
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