Salvador v. BJ's Wholesale Club, Inc.
| Jenning Salvador |
| BJ's Wholesale Club, Inc. |
| 1:2024cv05768 |
| August 19, 2024 |
| U.S. District Court for the Eastern District of New York |
| Marcia M Henry |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| None |
Docket Report
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Filing 9
MINUTE ENTRY for proceedings held before Magistrate Judge Marcia M. Henry: An in-person initial conference was held on 10/09/2024. Michelle Jean-Jacques appeared on behalf of the Plaintiff. Joseph Velez appeared on behalf of Defendant. As stated on the record, the requirements for diversity jurisdiction have been met and this Court has subject matter jurisdiction in this action. 28 U.S.C. 1332(a). Attorney Mark Linder does not have an admission record on file. As discussed, by 10/16/2024, attorney Linder shall provide proof of admission to practice in this district or his intentions to seek admission. Failure to timely respond will result in attorney Linder being terminated as counsel of record without prejudice pending his approved admission. The parties' proposed discovery plan is So Ordered as amended. The parties shall complete fact discovery by 02/28/2025 with a joint status report certifying the close of fact discovery due 03/07/2025. The parties shall complete all discovery by 06/06/2025 with a joint status report certifying the close of all discovery due by 06/13/2025. See attached for relevant deadlines.Pursuant to EDNY Administrative Order 2023-23, the parties may consent to the undersigned as the presiding judge in this action no later than 30 days following this Order, or by 11/08/2024. (See ECF No. #3 ; see also Notice of Option to Consent to Magistrate Judge Jurisdiction (available at #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf.) If the parties do not consent by that date, a United States District Judge will be randomly assigned as the presiding judge, and the undersigned will remain as the assigned Magistrate Judge to manage pretrial discovery. The parties may also consent to the undersigned's jurisdiction after a United States District Judge is assigned. The parties are free to withhold consent without adverse substantive consequences. By 10/31/2024, the parties shall file a joint status report advising the Court if they are seeking remand or a referral to mediation. So Ordered by Magistrate Judge Marcia M. Henry on 10/09/2024. (FTR Log # 10:37AM-11:06AM) (SY)
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| Filing 8 NOTICE of Appearance by Joseph Daniel Velez on behalf of BJ's Wholesale Club, Inc. (notification declined or already on case) (Velez, Joseph) |
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ORDER Attorney Joseph Daniel Velez must file a notice of appearance by 10/08/2024. So Ordered by Magistrate Judge Marcia M. Henry on 10/07/2024. (YHW)
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| Filing 7 Proposed Scheduling Order for Initial Conference on October 9, 2024 at 10:30am. by Jenning Salvador (Jean-Jacques, Michelle) |
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Filing 6
SCHEDULING ORDER: An in-person initial conference will be held on 10/09/2024 at 10:30AM in Courtroom 504 North before Magistrate Judge Marcia M. Henry. All counsel must attend.Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 10/02/2024, the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: # https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf). So Ordered by Magistrate Judge Marcia M. Henry on 08/22/2024.(Attachments: #1 Individual Practice Rules, #2 Proposed Discovery Plan) (SY)
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| Filing 5 NOTICE of Appearance by Michelle Jean-Jacques on behalf of Jenning Salvador (aty to be noticed) (Jean-Jacques, Michelle) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
| Filing 3 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. (SDM) |
| Case Assigned to Magistrate Judge Marcia M. Henry. 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. (SDM) |
| 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. (SDM) |
| Filing 2 Corporate Disclosure Statement by BJ's Wholesale Club, Inc. identifying Corporate Parent BJ's Wholesale Club Holdings, Inc. for BJ's Wholesale Club, Inc.. (Velez, Joseph) |
| Filing 1 NOTICE OF REMOVAL by BJ's Wholesale Club, Inc. from Supreme Court - Kings County, case number 506520/2024. ( Filing fee $ 405 receipt number ANYEDC-18189143) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-Plaintiff's Summons & Complaint, #3 Exhibit B-Affidavit of Service, #4 Exhibit C-BJ's Verified Answer, #5 Exhibit D-Plaintiff's Response to CPLR 3107(c)) (Velez, Joseph) |
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| Defendant: BJ's Wholesale Club, Inc. | |
| Represented By: | Joseph Daniel Velez |
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| Plaintiff: Jenning Salvador | |
| Represented By: | Michelle Jean-Jacques |
| Represented By: | Mark J. Linder |
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