Trabanino v. Werner Co. et al
| Dany Trabanino |
| Werner Co., Home Depot U.S.A., Inc., Home Depot U.S.A., Inc. d/b/a The Home Depot and Home Depot U.S.A. Inc. doing business as The Home Depot |
| 1:2023cv01349 |
| February 21, 2023 |
| US District Court for the Eastern District of New York |
| James R Cho |
| P.I.: Other |
| 28 U.S.C. § 1446 Notice of Removal |
| None |
Docket Report
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| Filing 11 MOTION to Adjourn Conference Letter to Magis. Judge Cho re Request for Adjournment of Initial Conference by Werner Co.. (Pollack, David) |
ORDER granting #11 Motion to Adjourn Conference. The telephonic status conference previously scheduled for 4/25/2023 is adjourned to 5/4/2023 at 11:30 a.m. before Magistrate Judge James R. Cho. The parties are directed to call toll free (888) 808-6929 and use access code 1065334. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 4/5/2023. (SG)
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| Filing 10 NOTICE of Appearance by Fahmida Islam on behalf of Werner Co. (aty to be noticed) (Islam, Fahmida) |
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SCHEDULING ORDER: A telephonic status conference will be held on 4/25/2023 at 10:30 a.m. before Magistrate Judge James R. Cho. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 3/31/2023. (SG)
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| Filing 9 CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge James R. Cho for all further proceedings. Judge Hector Gonzalez no longer assigned to case. Please download and review the Individual Practices of the assigned Judge, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (PN) |
| Filing 8 CONSENT to Jurisdiction by US Magistrate Judge by Werner Co.. (Pollack, David) |
| Filing 7 Letter in Response to Plaintiff's March 3, 2023 Letter by Werner Co. (Pollack, David) |
| Filing 6 Letter Per Court Order by Dany Trabanino (Elbaum, Brian) |
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Filing 5
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by April 3, 2023, as further described in the attached mandatory requirements. The parties' joint letter shall include a description of the discovery that has already been conducted in state court prior to Defendant's removal of this case.Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 2/27/2023. (BH)
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ORDER: Plaintiff shall file a letter no longer than three pages on or before March 6, 2023, explaining Plaintiff's position regarding whether this case was properly removed from state court. The letter shall specifically address whether and when Plaintiff received from any Defendant or former Defendant in the state court proceeding a demand for a bill of particulars, pursuant to CPLR 3042 or 3043, or a request for a supplemental damages demand, pursuant to CPLR 3017(c). If Plaintiff received any such requests, then Plaintiff's letter shall explain whether and when Plaintiff responded and shall attach copies of Plaintiff's responses, if any, as exhibits. Defendant may file a responsive letter no longer than three pages on or before March 13, 2023. If Plaintiff's letter indicates that removal was improper, the Court will likely take under consideration whether to remand this case based solely on the parties' letters, without affording Defendant the opportunity further to brief the issue, regardless of whether Defendant files a responsive letter. Ordered by Judge Hector Gonzalez on 2/27/2023. (BH)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 3 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. (KD) |
| Case Assigned to Judge Hector Gonzalez. 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. (KD) |
| 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. (KD) |
| Filing 2 Corporate Disclosure Statement by Werner Co. (Pollack, David) |
| Filing 1 NOTICE OF REMOVAL by Werner Co. from NY Supreme Court - Queens County, case number 711454/2022. ( Filing fee $ 402 receipt number ANYEDC-16426847) (Attachments: #1 Exhibit Ex. A - Summons & Complaint, #2 Exhibit Ex. B - Amended Verified Complaint, #3 Exhibit Ex. C - Werner Co.'s Answer to Plaintiff's Amended Verified Complaint, #4 Exhibit Ex. D - Stipulation of Discontinuance with respect to Home Depot U.S.A., Inc. and Home Depot U.S.A., Inc. d/b/a The Home Depot, #5 Civil Cover Sheet) (Pollack, David) |
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