SDI, Inc., v. Sealed Air Corporation,
| SDI, Inc., |
| Sealed Air Corporation, |
| 1:2022cv07596 |
| December 14, 2022 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Vera M Scanlon |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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ORDER: The motion at #11 is denied as moot in light of the stipulation of dismissal at #15 . Ordered by Magistrate Judge Vera M. Scanlon on 2/3/2023. (MG)
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ORDER: Please see the #15 stipulation of dismissal. The #1 complaints second and third causes of action are dismissed without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Defendant shall file an answer to the #1 complaint on or before 3/3/23. Ordered by Judge Rachel P. Kovner on 2/1/23.
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| Filing 15 STIPULATION of Dismissal by SDI, Inc., (Clarke, Christopher) |
| Filing 14 Proposed Scheduling Order by SDI, Inc., (Clarke, Christopher) |
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ORDER. In consultation with the District Judge's chambers and in light of the parties' proposal to submit a stipulation that will avoid the need for a motion to dismiss to be briefed, the Court's Order at 1/20/2023 requiring a response to #11 by 1/30/2023 is adjourned sine die, and the parties are ordered to submit their stipulation and proposed discovery schedule by 2/3/2023. Upon receipt of the proposed schedule, the Court will schedule a status conference. Ordered by Magistrate Judge Vera M. Scanlon on 1/26/2023. (JR)
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| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Telephone Conference held on 1/25/2023. Gerard N. Misk appearing on behalf of Plaintiff. Aaron Fong Jaroff appearing on behalf of Defendant. (FTR Log #2:33-2:44.) (JR) |
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ORDER: Please see the #13 joint letter. Plaintiff may file a response to defendant's #11 request for pre-motion conference on or before 1/30/23. Ordered by Judge Rachel P. Kovner on 1/20/23. (NCM)
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| Filing 13 Letter MOTION for pre motion conference (JOINT) by Sealed Air Corporation,. (Dunn, Melek) |
| Filing 12 NOTICE of Appearance by Gerard N. Misk on behalf of SDI, Inc., (aty to be noticed) (Misk, Gerard) |
| Filing 11 Letter MOTION for pre motion conference by Sealed Air Corporation,. (Dunn, Melek) |
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ORDER. The motion at #10 is granted. The CMP submission deadline prior to the 1/25/2023 Conference is waived. Ordered by Magistrate Judge Vera M. Scanlon on 1/13/2023. (MG)
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| Filing 10 Joint MOTION for Extension of Time to File Joint Proposed Case Management Plan by Sealed Air Corporation,. (Dunn, Melek) |
| Filing 9 SUMMONS Returned Executed by SDI, Inc.,. Sealed Air Corporation, served on 11/28/2022, answer due 1/13/2023. (Clarke, Christopher) |
| Filing 8 NOTICE of Appearance by Melek Javon Dunn on behalf of Sealed Air Corporation, (aty to be noticed) (Dunn, Melek) |
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ORDER granting #7 Motion for Extension of Time to Answer. On consent, the time for Defendant to answer or otherwise respond to the complaint is extended to 1/13/2023. Ordered by Magistrate Judge Vera M. Scanlon on 12/20/2022. (MG)
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| Filing 7 Letter MOTION for Extension of Time to File Answer re #1 Notice of Removal, by Sealed Air Corporation,. (Jaroff, Aaron) |
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Filing 6
SCHEDULING ORDER: A Telephonic Initial Conference is scheduled for 1/25/2023 at 2:30 PM 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 1/10/2023. Ordered by Magistrate Judge Vera M. Scanlon on 12/15/2022. (MG)
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Filing 3 AFFIDAVIT of Service of Notice of Removal and Accompanying Documents, filed by Sealed Air Corporation,. (Jaroff, Aaron) |
| Filing 2 Corporate Disclosure Statement by Sealed Air Corporation, (Jaroff, Aaron) |
| Filing 1 NOTICE OF REMOVAL by Sealed Air Corporation, from Supreme Court of New York Queens County, case number 723541/2022. ( Filing fee $ 402 receipt number ANYEDC-16228628) (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Notice to State Court of Removal, #3 Civil Cover Sheet) (Jaroff, Aaron) |
| 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. (SR) |
| Case Assigned to Judge Rachel P. Kovner 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. (SR) |
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| Plaintiff: SDI, Inc., | |
| Represented By: | Christopher Ryan Clarke |
| Represented By: | Gerard N. Misk |
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| Defendant: Sealed Air Corporation, | |
| Represented By: | Aaron Fong Jaroff |
| Represented By: | Melek Javon Dunn |
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