Marzigliano v. Burlington Coat Factory of Texas, Inc.
| Denise Marzigliano |
| Burlington Coat Factory Warehouse Corporation, Burlington Coat Factory of Texas, Inc., Burlington Coat Factory Warehouse Corporation doing business as Burlington Coat Factory and Burlington Coat Factory of Texas, Inc. doing business as Burlington Coat Factory |
| 2:2020cv01539 |
| March 24, 2020 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joan M Azrack |
| Steven Tiscione |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 15, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 ANSWER to #16 Amended Complaint Together With Affirmative Defenses by Burlington Coat Factory of Texas, Inc.. (Greystone, Jonathan) |
| Filing 18 Summons Issued as to Burlington Coat Factory of Texas, Inc.. (Ortiz, Grisel) |
| Incorrect Case/Document/Entry Information: Document #17 Proposed Summons filed on 5/12/2020 by Attorney Neil Moldovan has been edited. Counsel filed the Proposed Summons using the incorrect event; Counsel filed the Proposed Summons as an Amended Complaint. In order to create the necessary records behind the scenes, the document was deleted and re-docketed correctly. (Ortiz, Grisel) |
| Filing 17 Proposed Summons, by Denise Marzigliano (Attachments: #1 Copy of #16 Amended Complaint) (Ortiz, Grisel) Modified to correct filed date from the 13th to the 12th on 5/13/2020 (Ortiz, Grisel). |
| Your proposed summons attached to DE#16 was not issued for one of the following reasons: Did not use the correct Summons form AO 440 Rev 6/12, SUMMONS IN A CIVIL ACTION or AO 441 Rev 7/10, SUMMONS ON A THIRD-PARTY COMPLAINT., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Ortiz, Grisel) |
| Filing 16 AMENDED COMPLAINT against Burlington Coat Factory of Texas, Inc., filed by Denise Marzigliano. (Moldovan, Neil) |
| Your #15 Amended Complaint filed on 5/8/2020 has been rejected. Complaint is addressed to Supreme Court of the State of New York with Index#150410/2020. Counsel is directed to re-file the corrected amended complaint. Your proposed summons attached to the #15 Complaint was not issued for one of the following reasons: Did not use the correct Summons form AO 440 Rev 6/12, SUMMONS IN A CIVIL ACTION or AO 441 Rev 7/10, SUMMONS ON A THIRD-PARTY COMPLAINT., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Ortiz, Grisel) |
| Filing 15 AMENDED COMPLAINT against All Defendants, filed by Denise Marzigliano. (Moldovan, Neil) |
| Filing 14 Minute Entry for proceedings held before Judge Joan M. Azrack: CIVIL CAUSE FOR INITIAL CONFERENCE (Tel). Counsel For Plaintiff: Kathleen Doughtery. Counsel For Defendants: Jonathan Greystone. Initial Conference Hearing held on 5/7/2020 at 2:00 PM. A further telephone status conference is set for 7/29/2020 at 3:00 PM with Judge Azrack. Parties shall dial 1-877-873-8017 and enter access code 4785432# at the prompt. Counsel for plaintiff to electronically file the Amended Complaint forthwith. (Ortiz, Grisel) |
SCHEDULING ORDER: An Initial Conference is set for 5/7/2020 at 2:00 PM before Judge Joan M. Azrack and will be conducted through the AT&T teleconference center. Parties shall dial 1-877-873-8017 and enter access code 4785432# at the prompt. Ordered by Judge Joan M. Azrack on 4/15/2020. (Posillico, Lauren)
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| Filing 13 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. (Cox, Dwayne) |
| Filing 12 Case transferred in from District of New York Southern; Case Number 1:20-cv-01150. Original file certified copy of transfer order and docket sheet received. |
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Filing 11
ORDER: Plaintiff is a resident of the Eastern District of New York (Suffolk County) and it was in defendant's store in that District (Suffolk County) in which the incident, a slip and fall, occurred. Plaintiff appears to be a citizen of Florida. Nothing is alleged to have occurred in this District. Both parties agree that the action should be transferred to the Eastern District of New York. The Clerk is directed to transfer the action to the Eastern District of New York for the convenience of parties and witnesses and in the interests of justice. (Signed by Judge P. Kevin Castel on 3/24/2020) (jwh) [Transferred from New York Southern on 3/25/2020.]
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York. (jwh) [Transferred from New York Southern on 3/25/2020.] |
| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE re: #8 Order to Show Cause,. Document filed by Burlington Coat Factory Warehouse Corporation..(Greystone, Jonathan) [Transferred from New York Southern on 3/25/2020.] |
| Filing 9 FIRST LETTER addressed to Judge P. Kevin Castel from Law Office of Neil Moldovan PC dated March 20, 2020 re: Court's Order to Show Cause. Document filed by Denise Marzigliano. (Attachments: #1 Affidavit Response to Order to Show Cause, #2 Exhibit Exhibit A).(Moldovan, Neil) [Transferred from New York Southern on 3/25/2020.] |
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Filing 8
ORDER: Let the parties show cause within 21 days why this action ought not be (a) remanded to Supreme Court, State of New York from which it was removed for lack of subject matter jurisdiction; or (b) if not remanded, then dismissed for improper venue, or alternatively transferred to the Eastern District of New York for the convenience of parties and witnesses and in the interests of justice. (Signed by Judge P. Kevin Castel on 3/3/2020) (jwh) [Transferred from New York Southern on 3/25/2020.]
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| Filing 7 AFFIDAVIT OF SERVICE. Burlington Coat Factory Warehouse Corporation served on 2/6/2010, answer due 4/7/2010. Service was accepted by Secretary of State- Amy Leseh. Document filed by Denise Marzigliano..(Moldovan, Neil) [Transferred from New York Southern on 3/25/2020.] |
| Filing 6 DEMAND for Trial by Jury. Document filed by Denise Marzigliano.(Moldovan, Neil) [Transferred from New York Southern on 3/25/2020.] |
| Filing 5 ANSWER to Complaint. Document filed by Burlington Coat Factory Warehouse Corporation..(Greystone, Jonathan) [Transferred from New York Southern on 3/25/2020.] |
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Filing 4
ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/14/2020 at 10:45 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 2/12/2020) (cf) [Transferred from New York Southern on 3/25/2020.]
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| Filing 3 NOTICE OF REMOVAL from Supreme Court of New York, County of New York. Case Number: 150410/2020..Document filed by Burlington Coat Factory Warehouse Corporation. (Attachments: #1 Exhibit A).(Greystone, Jonathan) [Transferred from New York Southern on 3/25/2020.] |
| Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) [Transferred from New York Southern on 3/25/2020.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne) [Transferred from New York Southern on 3/25/2020.] |
| Case Designated ECF. (pne) [Transferred from New York Southern on 3/25/2020.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan Justin Greystone. The party information for the following party/parties has been modified: Burlington Coat Factory Warehouse Corporation. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted. (pne) [Transferred from New York Southern on 3/25/2020.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan Justin Greystone. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pne) [Transferred from New York Southern on 3/25/2020.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jonathan Justin Greystone to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): As per ECF filing rule 13.3, Each attachment must be clearly titled in the ECF entry so the subject of the exhibit is clear; Exhibits should not be filed in the same PDF as the Notice of Removal. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** (pne) [Transferred from New York Southern on 3/25/2020.] |
| Filing 2 CIVIL COVER SHEET filed..(Greystone, Jonathan) [Transferred from New York Southern on 3/25/2020.] |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - NOTICE OF REMOVAL from Supreme Court of New York, County of New York. Case Number: 150410/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-18748998).Document filed by Burlington Coat Factory Warehouse Corporation..(Greystone, Jonathan) Modified on 2/11/2020 (pne). [Transferred from New York Southern on 3/25/2020.] |
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