Gonzalez v. Best Buy Stores, L.P.
| Carolina H. Gonzalez |
| Best Buy Stores, L.P. |
| 1:2024cv05863 |
| August 22, 2024 |
| U.S. District Court for the Eastern District of New York |
| James R Cho |
| Natasha C Merle |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on October 17, 2024. A more recent docket listing may be available from PACER.
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Minute Entry for Motion Hearing held on 10/17/2024 before Magistrate Judge James R. Cho. Appearances by Peter Vakarev for plaintiff; Peter Joseph Murano, III for defendant. The Court heard argument on defendant's pending motion for a protective order #7 .For the reasons stated on the record, defendant's motion for a protective order #7 is denied. Defendant shall produce the video surveillance footage of plaintiff's alleged trip and fall accident to plaintiff prior to her deposition. Ordered by Magistrate Judge James R. Cho on 10/17/2024. (Cisco Recording.) (THB)
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| Filing 9 NOTICE of Appearance by Peter Joseph Murano, III on behalf of Best Buy Stores, L.P. (aty to be noticed) (Murano, Peter) |
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SCHEDULING ORDER: A telephonic motion hearing re Dkt. #7 will be held on 10/17/2024 at 10:00 a.m. before Magistrate Judge James R. Cho. Each party is directed to call 571-353-2301 and enter Meeting ID 709-478-501#. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. If any party has difficulty accessing the conference, please contact Chambers at 718-613-2110. Ordered by Magistrate Judge James R. Cho on 10/8/2024. (SGC)
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| Filing 8 Notice of Request to Submit Electronic Evidence. by Best Buy Stores, L.P.. (Levine, Mitchell) |
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ORDER re #7 : Defendant is directed to upload the video referenced in the parties' September 27, 2024 status report for in camera review by 10/8/2024. Defendant shall upload the video by completing the #Notice of Request to Submit Electronic Evidence and following the instructions provided. Ordered by Magistrate Judge James R. Cho on 10/1/2024. (THB)
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| Filing 7 Letter Joint Letter -Discovery by Best Buy Stores, L.P. (Levine, Mitchell) |
| Minute Entry for Initial Conference proceedings held on 9/17/2024 before Magistrate Judge James R. Cho. Appearances by Peter Vakarev for plaintiff; Mitchell B. Levine for defendant. Case discussed. This is a personal injury case where plaintiff allegedly fell outside a Best Buy store. Plaintiff alleges injuries to her knee, shoulder and back. Defendant has video footage of the incident. Defendant would like to conduct plaintiff's deposition before producing the video. If the parties are unable to reach an agreement as to the timing of production of the video, they shall file a joint discovery letter with the Court.The Court entered the following pretrial schedule: parties to exchange automatic disclosures by 10/4/2024; no amendment of the pleadings or joinder of additional parties permitted after 10/31/2024 without good cause; parties to complete fact discovery by 3/17/2025; affirmative expert disclosures due by 5/17/2025; rebuttal expert disclosures due by 6/17/2025; and all discovery, including expert depositions, shall be completed by 6/17/2025. The Court will set a deadline for commencing dispositive motion practice after the parties have completed discovery, if necessary.By 12/17/2024, the parties shall file a joint status report and advise the Court whether they would like a referral to the Court-annexed mediation program or a settlement conference at that time. (Cisco Recording.) (THB) |
| Filing 6 Proposed Scheduling Order by Best Buy Stores, L.P. (Levine, Mitchell) |
| Filing 5 NOTICE of Appearance by Peter Vakarev on behalf of Carolina H. Gonzalez (aty to be noticed) (Vakarev, Peter) |
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Filing 4
SCHEDULING ORDER: A Telephonic Initial Conference will be held on 9/17/2024 at 10:30 a.m. before Magistrate Judge James R. Cho. Each party is directed to call 571-353-2301 and enter Meeting ID 709-478-501#. Counsel for all parties must participate. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 9/13/2024. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. If any party has difficulty accessing the conference, please contact Chambers at 718-613-2110. Ordered by Magistrate Judge James R. Cho on 8/22/2024. (SGC)
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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. (KD) |
| Filing 2 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD) |
| Filing 1 NOTICE OF REMOVAL by Best Buy Stores, L.P. from Queens County Supreme Court of New York, case number 717505/2023. ( Filing fee $ 405 receipt number ANYEDC-18204111) (Attachments: #1 Exhibit A -TTs Summons & Complaint, #2 Exhibit B-Service of Process, #3 Exhibit C-Best Buy Answer, #4 Exhibit D-Demand for Damages, #5 Exhibit E-Discovery Responses, #6 Exhibit F-Responses Def Demands, #7 Exhibit G-Email Correspondence, #8 Exhibit H-Responses to PC, #9 Exhibit I-TTs VBOP, #10 Exhibit J-Div. of Corporation, #11 Civil Cover Sheet Civil Cover Sheet, #12 Rule 56.1 Statement Rule 7.1 Statement, #13 Affidavit of Service Affidavit of Service) (Levine, Mitchell) |
| Case Assigned to Judge Natasha C. Merle and Magistrate Judge James R. Cho. 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) |
| 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) |
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| Plaintiff: Carolina H. Gonzalez | |
| Represented By: | Aleksandr Vakarev |
| Represented By: | Peter Vakarev |
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| Defendant: Best Buy Stores, L.P. | |
| Represented By: | Mitchell B. Levine |
| Represented By: | Peter Joseph Murano, III |
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