Providence v. Dollar Tree, Inc. et al
| ESTHER PROVIDENCE |
| Dollar Tree, Inc., Dollar Tree Stores, Inc. and DOLLAR TREE-STORE #6153 |
| 1:2024cv00090 |
| January 4, 2024 |
| US District Court for the Eastern District of New York |
| Peggy Kuo |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Tort/Non-Motor Vehic |
| Defendant |
Docket Report
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties.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 using the Selection of the Mediator Form on the ADR Forms website under Mediator Forms/For Counsel and Parties: https://www.nyed.uscourts.gov/adr-forms or 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 under ADR Forms/Mediation Forms/For Counsel and Parties. 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 under ADR Forms/Mediation Forms/For Counsel and Parties. The Mediation Report must be submitted within two weeks following mediation session. (JR) |
| Filing 11 Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held by telephone on February 22, 2024. Michael Kesselman, Esq. appeared on behalf of plaintiff. Bradley Levien, Esq. appeared on behalf of defendants Dollar Tree, Inc. and Dollar Tree Stores, Inc. No appearance by defendant Dollar Tree-Store #6153. Defendants informed the Court that defendant Dollar Tree-Store #6153 is not a legal entity but is just a designated reference number to a store. The attached Scheduling Order was entered setting deadlines for discovery and other pretrial proceedings. The parties are directed to file a joint status report by June 14, 2024 reporting on the progress of discovery.The case is referred to the EDNY ADR Program for court-annexed mediation to be completed by December 4, 2024. The parties are directed to file a joint status report by December 6, 2024 regarding the result of mediation, and indicating, if mediation is not successful, whether they would like a settlement conference with the Court.The parties are reminded that, as part of the EDNY Direct Assignment Pilot Program, if all parties consent by March 22, 2024, Magistrate Judge Kuo will remain as the presiding judge in this case and conduct all proceedings 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. If no consent form is filed by that date, a District Judge will randomly be assigned as the presiding judge. (FTR Log: 10:03 - 10:31) (RO) |
| Filing 10 Letter MOTION to Appear by Telephone/Video or Adjourn Conference by Dollar Tree Stores, Inc., Dollar Tree, Inc.. (Levien, Bradley) |
ORDER granting #10 Motion to Appear by Telephone. The initial conference scheduled for February 22, 2024 at 10:00 a.m. is converted from an in-person proceeding to a telephone conference. 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.) Ordered by Magistrate Judge Peggy Kuo on 2/16/2024. (RO)
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| Filing 9 CASE MANAGEMENT STATEMENT Joint Proposed Discovery Plan (Kesselman, Michael) |
| Filing 8 NOTICE of Appearance by Michael Kesselman on behalf of Esther Providence (aty to be noticed) (Kesselman, Michael) |
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Filing 7
SCHEDULING ORDER: An Initial Conference will be held in this case on February 22, 2024 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Counsel are directed to the annexed Initial Conference Order for instructions. By February 16, 2024, 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. Defendants' counsel is directed to ensure that Plaintiff is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 1/8/2024. (RO)
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| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
| Filing 5 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (AF) |
| 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. (AF) |
| Case Assigned to 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. (AF) |
| Filing 4 DEMAND for Trial by Jury by Dollar Tree Stores, Inc., Dollar Tree, Inc. (Levien, Bradley) |
| Filing 3 Corporate Disclosure Statement by Dollar Tree Stores, Inc. identifying Corporate Parent Dollar Tree, Inc. for Dollar Tree Stores, Inc.. (Levien, Bradley) |
| Filing 2 Corporate Disclosure Statement by Dollar Tree, Inc. (Levien, Bradley) |
| Filing 1 NOTICE OF REMOVAL by Dollar Tree Stores, Inc., Dollar Tree, Inc. from Supreme Court of the State of New York, County of Kings, case number 516169/2023. ( Filing fee $ 405 receipt number ANYEDC-17431076) (Attachments: #1 Civil Cover Sheet, #2 Declaration describing domiciles, in support of removal, #3 Exhibit A - Summons and Complaint, #4 Exhibit B- Answer, #5 Exhibit C - Affidavit of Former Defendant Bermuda, #6 Exhibit D - Proof of domicile of Former Defendant Bermuda, #7 Exhibit E - Stipulation of Discontinuance against Former Defendant Bermuda, #8 Exhibit F - Damage demand) (Levien, Bradley) |
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