Matthews v. Home Depot U.S.A., Inc.
| Veronica Matthews |
| Home Depot U.S.A., Inc. and HomeDeliveryAmerica.com, Inc. |
| 1:2023cv02048 |
| March 16, 2023 |
| US District Court for the Eastern District of New York |
| Dora Lizette Irizarry |
| Vera M Scanlon |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1446 pl Petition for Removal - Product Liability |
| Defendant |
Docket Report
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ORDER: As discussed at the 5/9/2023 Initial Conference, the discovery scheduled is adopted as follows. The parties will serve Rule 26(a)(1) initial disclosures by 5/11/2023, if not yet done. The parties will serve initial document requests and interrogatories on or before 5/11/2023. Any joinder and/or amendments of the pleadings must be made by 7/11/2023. The parties will complete fact discovery by 1/31/2024. If the parties perform expert discovery, they will serve initial disclosures by 2/14/2024; initial expert reports by 3/14/2024; and rebuttal expert reports on or before 4/15/2024. All discovery, including expert depositions, will be completed by 5/15/2024, and the parties will file a joint letter certifying the close of all discovery by this same date. By 6/17/2024, any party commencing dispositive motion practice must do so in accordance with the Individual Rules of the District Judge. If the parties do not commence motion practice, the parties will file a Joint Proposed Pretrial Order by 7/15/2024.The Court grants the parties' request for referral to ADR, which will be scheduled for a date after 8/31/2023. The parties will file a joint status report letter by 11/30/2023, informing the Court of the progress of discovery. The Court will schedule a status conference if necessary upon receipt of the letter. Ordered by Magistrate Judge Vera M. Scanlon on 5/10/2023. (MG)
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ORDER REFERRING CASE to Mediation. Selection of Mediator is due by 9/29/2023. By that same date, the parties will file a joint letter informing the Court that they have chosen a mediator and a date by which they shall complete mediation. Ordered by Magistrate Judge Vera M. Scanlon on 5/10/2023. (MG)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms.Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov.Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (TP) |
| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Initial Conference held on 5/9/2023. Thomas Grogan appearing for Plaintiff. Meagan Gabriel appearing for Defendant Home Depot U.S.A., Inc. Michael D. Kern appearing for Defendant HomeDeliveryAmerica.com, Inc. No recording made. See separate docket entry for Order. (MG) |
| Filing 15 CLAIM Response to Cross Claims by Home Depot U.S.A., Inc.. (Gabriel, Meagan) |
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ORDER granting #12 Motion to Adjourn Conference. On consent, the 4/11/2023 Initial Conference is rescheduled to 5/9/2023 at 4:40 PM, to be held in-person in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The Court is in receipt of the parties' Joint Proposed Case Management Plan (CMP) at #11 . If the parties wish to file an amended CMP prior to the rescheduled Initial Conference, they must do so on or before 5/2/2023. Ordered by Magistrate Judge Vera M. Scanlon on 4/7/2023. (MG)
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| Filing 14 NOTICE of Appearance by Thomas Grogan on behalf of Veronica Matthews (aty to be noticed) (Grogan, Thomas) |
| Filing 13 ANSWER to Complaint , CROSSCLAIM against Home Depot U.S.A., Inc. by HomeDeliveryAmerica.com, Inc.. (Kern, Michael) |
| Filing 12 First MOTION to Adjourn Conference by HomeDeliveryAmerica.com, Inc.. (Kern, Michael) |
| Filing 11 Proposed Scheduling Order by Home Depot U.S.A., Inc. (Gabriel, Meagan) |
| Filing 10 AFFIDAVIT of Service for Affidavit of Service of Court Order and Docket served on Defendant HomeDelivery on March 29, 2023, filed by Veronica Matthews. (Salomon, Michael) |
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Filing 9
SCHEDULING ORDER: An Initial Conference is set for 4/11/2023 at 4:10 PM in person in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 4/4/2023. 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 3/28/2023. (JR)
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| Filing 8 ANSWER to Complaint by Home Depot U.S.A., Inc.. (Gabriel, Meagan) |
| Filing 7 NOTICE of Appearance by Michael L. Salomon on behalf of All Plaintiffs (aty to be noticed) (Salomon, Michael) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (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) |
| Case Assigned to Judge Dora Lizette Irizarry 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. (KD) |
| Filing 4 Civil Cover Sheet.. by Home Depot U.S.A., Inc. (Gabriel, Meagan) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit A COMPLETED SECOND PAGE. Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
| Filing 3 NOTICE of Appearance by Michael Nathan Giacopelli on behalf of Home Depot U.S.A., Inc. (aty to be noticed) (Giacopelli, Michael) |
| Filing 2 Corporate Disclosure Statement by Home Depot U.S.A., Inc. identifying Corporate Parent Home Depot U.S.A., Inc. for Home Depot U.S.A., Inc.. (Gabriel, Meagan) |
| Filing 1 NOTICE OF REMOVAL by Home Depot U.S.A., Inc. from Supreme Court of New York Queens County, case number 721676/2022. ( Filing fee $ 402 receipt number ANYEDC-16505642) (Attachments: #1 Civil Cover Sheet, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Ex. C) (Gabriel, Meagan) |
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