Marrast-Nelson v. Burlington Coat Factory Warehouse Corporation
| Dawnaline Marrast-Nelson |
| Burlington Coat Factory Warehouse Corporation |
| 1:2023cv04013 |
| May 31, 2023 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Peggy Kuo |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on July 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 8 Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held by telephone on July 12, 2023. Robert Rose, Esq. appeared on behalf of plaintiff. David Merlino, Esq. appeared on behalf of defendant.The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. A settlement conference will be held on November 28, 2023 at 2:00 pm in Courtroom 11C South, before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the defendant with complete settlement authority (other than counsel) must be present, unless leave is granted to participate by phone. The parties are directed to submit confidential ex parte settlement statements to Kuo_Chambers@nyed.uscourts.gov by November 20, 2023. The statements must include the last offer and demand, and a frank assessment of the strengths and weaknesses of each party's case. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. The Court will schedule ex parte telephone calls with counsel after review of the statements.The parties are reminded that if all parties consent, a United States magistrate judge may conduct all proceedings in this civil action including trial. The consent form is available at the following link #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf and may be filed only if all parties consent and sign it. See Federal Rule of Civil Procedure 73 and Local Rule 73.1. The parties may withhold their consent without adverse substantive consequences. (FTR Log: 10:04 - 10:23) (RO) |
| Filing 7 NOTICE of Appearance by Robert Rose on behalf of All Plaintiffs (aty to be noticed) (Rose, Robert) |
| Filing 6 Proposed Scheduling Order by Dawnaline Marrast-Nelson (Attachments: #1 Cover Letter) (Martinez, Ricardo) |
Filing 5
SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on July 12, 2023 at 10:00 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. No additional security code is needed. 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 July 6, 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 6/13/2023. (RO)
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| Filing 4 NOTICE OF REMOVAL by Burlington Coat Factory Warehouse Corporation from Supreme, case number 530091/2022. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Answer, #3 Exhibit C - Plaintiff's Verified Bill of Particulars, #4 Civil Cover Sheet) (Merlino, David) |
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ORDER: Paragraph 5 of the #1 Notice of Removal states that "a Bill of Particulars and responses to combined demands" is attached as Exhibit C, but no such exhibit is attached. Defendant is requested to file a copy of Exhibit C by June 8, 2023. Ordered by Magistrate Judge Peggy Kuo on 6/1/2023. (JR)
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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. (SR) |
| 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. (SR) |
| Filing 1 NOTICE OF REMOVAL by Burlington Coat Factory Warehouse Corporation from Supreme, case number 530091/2022. ( Filing fee $ 402 receipt number ANYEDC-16748280) (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Answer, #3 Civil Cover Sheet Civil Cover Sheet) (Merlino, David) |
| Case Assigned to Judge LaShann DeArcy Hall 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) |
| 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) |
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| Plaintiff: Dawnaline Marrast-Nelson | |
| Represented By: | Ricardo Juan Martinez |
| Represented By: | Robert Rose |
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| Defendant: Burlington Coat Factory Warehouse Corporation | |
| Represented By: | David Luke Merlino |
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