Sparacello v. HomeGoods, Inc. et al
| Vincenza A. Sparacello |
| HomeGoods, Inc. and WMAP, LLC |
| 1:2023cv03401 |
| May 5, 2023 |
| US District Court for the Eastern District of New York |
| Peggy Kuo |
| Allyne R Ross |
| P.I.: Other |
| 28 U.S.C. ยง 1442 Notice of Removal |
| None |
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| Filing 11 Motion to Request Mediation by HomeGoods, Inc.. (Feferman, Irina) |
ORDER granting #11 Motion to Request Mediation. The case is referred to the EDNY ADR Program for court-annexed mediation to be completed by December 29, 2023. The parties are directed to file a joint status report by January 2, 2024 regarding the result of mediation, and indicating, if mediation is not successful, whether they would like a settlement conference with the Court. Ordered by Magistrate Judge Peggy Kuo on 6/22/2023. (RO)
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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. (DS) |
| Filing 10 Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held by telephone on January 6, 2023. Andrea Palmer, Esq. appeared on behalf of plaintiff. Irina Feferman, Esq. appeared on behalf of defendant HomeGoods, Inc. No appearance on behalf of defendant WMAP, LLC.The parties clarified that defendant WMAP, LLC is a Delaware corporation, and there is, therefore, complete diversity among the parties. Plaintiff is directed to confirm whether defendant WMAP should remain a named party in this federal action in light of its failure to appear in the underlying state court action. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. The parties are directed to file a joint letter by June 22, 2023 indicating whether the parties would like a referral to court-annexed mediation. If the parties do not want a referral to mediation, they must include several proposed dates for a settlement conference with the Court. (FTR LOG: 10:33 - 11:03) (RO) |
| Filing 9 Proposed Scheduling Order by HomeGoods, Inc. (Feferman, Irina) |
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Filing 8
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on June 15, 2023 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)Counsel are directed to the annexed Initial Conference Order for instructions. By June 9, 2023, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Defendant's counsel is directed to ensure that Plaintiff is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 5/11/2023. (RO)
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| Filing 7 Corporate Disclosure Statement by HomeGoods, Inc. (Leibowitz, Allison) |
| Filing 6 CERTIFICATE OF SERVICE by HomeGoods, Inc. re #1 Notice of Removal, (Feferman, Irina) |
| Filing 5 NOTICE of Appearance by Irina Feferman on behalf of HomeGoods, Inc. (aty to be noticed) (Feferman, Irina) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 1 NOTICE OF REMOVAL by HomeGoods, Inc. from Supreme Court Queens County, case number 705645/2021. ( Filing fee $ 402 receipt number ANYEDC-16670953) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit A - Summons + Complaint, #2 Exhibit B - verified answer, #3 Exhibit C - Plaintiff's response, #4 Civil Cover Sheet) (Leibowitz, Allison) Modified on 5/5/2023 (LJ). |
| 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 Allyne R. Ross and Magistrate Judge Peggy Kuo. 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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