Copeland v. Wal-Mart Stores East, LP
| Robin Copeland |
| Wal-Mart Stores East, LP |
| 2:2021cv02081 |
| April 16, 2021 |
| US District Court for the Eastern District of New York |
| Steven Tiscione |
| A Kathleen Tomlinson |
| Eric N Vitaliano |
| P.I.: Other |
| 28 U.S.C. § 1442 Notice of Removal |
| Defendant |
Docket Report
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The scheduled jury return date for the Courthouse is August 21, 2023. Accordingly, the jury selection scheduled for August 14, 2023 with trial to begin immediately after, will instead begin at 10:00 a.m. on August 21, 2023 in Courtroom 910 of the Central Islip Courthouse. So Ordered by Magistrate Judge Steven Tiscione on 1/6/2023. (LV)
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| Filing 35 Minute Entry for Initial Pretrial Conference held on 12/1/2022 before Magistrate Judge Steven Tiscione: Gleicher for Plaintiff; O'Connor for Defendant. The Court sets the following deadlines and schedule for trial in this matter: (1) motions in limine shall be filed by 7/17/2023 with responses due by 8/4/2023; (2) the parties shall file a list of relevant names, acronyms, and places by 7/31/2023; (3) parties shall file any non-standard Voir Dire Requests and proposed jury charges by 7/31/2023; (4) the Court will hold a final pretrial conference on 8/10/2023 at 10:00 a.m.; and (5) jury selection and trial in this matter will commence on 8/14/2022 at 10:00 a.m. The final pre-trial conference, jury selection and trial will be held in courtroom 910 at the United States Courthouse, 100 Federal Plaza, Central Islip, N.Y. 11722. (FTR Log #AT&T (2:01 - 2:12).) (LV) |
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SCHEDULING ORDER re #34 Letter filed by Wal-Mart Stores East, LP. A pre-trial conference will be held by phone before the undersigned at 2:00 p.m. on December 1, 2022. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 11/17/2022. (LV)
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| Filing 34 Letter to Magistrate Judge Steven L. Tiscione regarding Pre-Trial Conference by Wal-Mart Stores East, LP (O'Connor, Thomas) |
| Filing 33 Proposed Pretrial Order by Wal-Mart Stores East, LP (O'Connor, Thomas) |
| Filing 32 CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Steven Tiscione for all further proceedings. Judge Eric N. Vitaliano no longer assigned to case. 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. (JT) |
| Case no longer referred to Magistrate Judge Steven Tiscione. (JT) |
| Filing 31 CONSENT to Jurisdiction by US Magistrate Judge by Wal-Mart Stores East, LP. (O'Connor, Thomas) |
| Filing 30 Minute Entry for Telephone Conference held on 9/12/2022 before Magistrate Judge Steven Tiscione: Gleicher for Plaintiff; O'Connor for Defendant. Parties report that discovery is now complete and they do not intend to file any dispositive motions. Parties shall file the Joint Pretrial Order by November 14, 2022. Parties will advise the Court if a further settlement conference would be productive. (Vasquez, Lea) |
| Filing 29 MOTION to Adjourn Conference to September 12, 2022 by Robin Copeland. (Gleicher, Lora) |
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ORDER granting #29 Motion to Adjourn Conference. The telephone conference scheduled for September 6th will instead be held at 10:00 a.m. on September 12, 2022. Counsel shall use the same dial-in information previously provided. So Ordered by Magistrate Judge Steven Tiscione on 8/31/2022. (Vasquez, Lea)
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| Filing 28 Third MOTION for Extension of Time to Complete Discovery by Robin Copeland. (Gleicher, Lora) |
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AMENDED ORDER granting #28 Motion for Extension of Time to Complete Discovery. Parties shall complete all remaining discovery, including expert discovery, by September 1, 2022. The telephone conference scheduled for July 5th will instead be held at 10:00 a.m. on September 6, 2022. The parties shall use the same dial-in information previously provided. So Ordered by Magistrate Judge Steven Tiscione on 6/30/2022. (White, Samuel) Modified on 7/1/2022 (Vasquez, Lea).
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ORDER granting #27 Motion for Extension of Time to Complete Discovery. Parties shall complete all remaining discovery, including expert discovery, by July 1, 2022. The telephone conference scheduled for April 27th will instead be held at 3:00 p.m. on July 5, 2022. The parties shall use the same dial-in information previously provided. So Ordered by Magistrate Judge Steven Tiscione on 4/22/2022. (Mistry-Sehgal, Nikita)
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| Filing 27 Second MOTION for Extension of Time to Complete Discovery by Robin Copeland. (Gleicher, Lora) |
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ORDER granting #26 Motion for Extension of Time to Complete Discovery. Parties shall complete all remaining discovery, including expert discovery, by April 25, 2022. The telephone conference scheduled for April 11th will instead be held at 3:00 p.m. on April 27, 2022. The parties shall use the same dial-in information previously provided. So Ordered by Magistrate Judge Steven Tiscione on 3/25/2022. (Vasquez, Lea)
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| Filing 26 MOTION for Extension of Time to Complete Discovery by Wal-Mart Stores East, LP. (O'Connor, Thomas) |
| Filing 25 Minute Entry for Telephone Conference held on 1/10/2022 before Magistrate Judge Steven Tiscione: Gleicher for Plaintiff; O'Connor for Defendant. Parties advise that settlement discussions would not be productive at this time. Parties shall complete all remaining discovery, including expert discovery, by April 11, 2022. The Court will hold a telephone conference on April 11, 2022 at 10:30 a.m. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (Vasquez, Lea) |
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Due to illness, the Court will be unable to preside over today's conference. Accordingly, the telephone conference scheduled for 2:00 p.m. today will instead be held at 1:30 p.m. on January 10, 2022. The parties shall use the same dial-in information previously provided. So Ordered by Magistrate Judge Steven Tiscione on 1/6/2022. (Vasquez, Lea)
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| Filing 24 Letter to Magistrate Judge Steven L. Tiscione regarding Status of Discovery by Wal-Mart Stores East, LP (O'Connor, Thomas) |
| Filing 23 Letter to Magistrate Judge Steven L. Tiscione regarding Status of Discovery by Wal-Mart Stores East, LP (O'Connor, Thomas) |
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SCHEDULING ORDER re #23 Letter filed by Wal-Mart Stores East, LP. The status conference previously set for January 6, 2022 at 2:00 p.m. will proceed as scheduled before the undersigned but instead be held by phone. Counsel for all parties must participate and shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court, is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge Steven Tiscione on 11/15/2021. (Vasquez, Lea)
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STATUS REPORT ORDER: This case was recently re-assigned to the undersigned Magistrate Judge to preside over discovery. Accordingly, counsel shall file a joint letter by November 19, 2021 on the status of discovery as set by Magistrate Judge Tomlinson by Order dated August 19, 2021. So Ordered by Magistrate Judge Steven Tiscione on 11/10/2021. (Vasquez, Lea)
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| Case Reassigned randomly to Magistrate Judge Steven Tiscione. Magistrate Judge A. Kathleen Tomlinson no longer assigned to the case. 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. (Morabito, Bryan) |
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Filing 22
STIPULATION AND CONFIDENTIALITY ORDER re #21 Letter filed by Wal-Mart Stores East, LP. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/12/2021. (Flanagan, Doreen)
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| Filing 21 Letter to Magistrate Judge A. Kathleen Tomlinson regarding Proposed Confidentiality and Protective Order by Wal-Mart Stores East, LP (O'Connor, Thomas) |
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Filing 20
INITIAL CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/19/2021. (Ryan, Mary)
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| Filing 19 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Initial Conference Hearing held on 8/19/2021. The Discovery Status Conference will be held on January 6, 2021 at 2:00 P.M. The Case Management and Scheduling Order will be entered separately. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. (FTR Log #12:01-12:24 (AT&T).) (Ryan, Mary) |
| Filing 18 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Initial Conference Hearing held on 8/12/2021. The Initial Conference is being put over to August 19, 2021 at 12:00 P.M. and will be conducted utilizing Cisco Webex. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. (Attachments: #1 Cisco Webex Instructions) (Ameri, Mana) |
| Filing 17 Proposed Scheduling Order by Wal-Mart Stores East, LP (O'Connor, Thomas) |
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Filing 16
ORDER regarding Initial Conference. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/11/2021. (Ameri, Mana)
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ORDER granting #14 Motion to Adjourn Conference. The Initial Conference scheduled for August 5, 2021 is adjourned to August 12, 2021 at 11:30 A.M. and will be conducted utilizing Cisco Webex. The Court will provide further instructions in advance of the conference. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/30/2021. (Ameri, Mana)
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| Filing 15 Letter to Magistrate Judge A. Kathleen Tomlinson by Wal-Mart Stores East, LP (O'Connor, Thomas) |
| Filing 14 First MOTION to Adjourn Conference by Robin Copeland. (Gleicher, Lora) |
| Filing 13 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Initial Conference Hearing held on 7/23/2021. The Initial Conference is put over to August 5, 2021 at 10:00 A.M. The Court will provide advance notice as to the manner in which the conference will be conducted. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. (Ameri, Mana) |
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Filing 12
SCHEDULING ORDER: Due to a change in the Court's calendar, the Initial Conference scheduled for July 23, 2021 at 11:00 A.M. is advanced to 10:30 A.M. that same day and will be conducted utilizing Cisco Webex. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/21/2021. (Ameri, Mana)
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ORDER regarding #11 : Counsel for the parties are advised that initial disclosures and discovery should not be filed on ECF unless annexed to a formal motion to the Court or otherwise ordered by the Court. Ordered by Magistrate Judge A. Kathleen Tomlinson on 7/21/2021. (Ameri, Mana)
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| Filing 11 NOTICE by Robin Copeland Rule 26A Disclosure (Schatz, Howard) |
| Filing 10 NOTICE of Appearance by Lora Helen Gleicher on behalf of All Plaintiffs (aty to be noticed) (Gleicher, Lora) |
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Filing 9
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference is set for July 23, 2021 at 11:00 A.M. before Magistrate Judge A. Kathleen Tomlinson. The Court will provide advance notice as to the manner in which the conference will be conducted. No later than two business days before the Initial Conference, counsel for the parties must submit, by means of electronic filing on the Court's ECF system, a Joint Proposed Discovery Plan. SEE ATTACHED ORDER FOR ADDITIONAL DETAILS. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/15/2021. (Ameri, Mana)
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| Filing 8 NOTICE of Appearance by Thomas M. O'Connor on behalf of Wal-Mart Stores East, LP (aty to be noticed) (O'Connor, Thomas) |
| Filing 7 NOTICE of Appearance by Howard R. Schatz on behalf of All Plaintiffs (aty to be noticed) (Schatz, Howard) |
| Filing 6 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. (Landow, Concetta) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge A. Kathleen Tomlinson. 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. (Landow, Concetta) |
| Filing 4 Corporate Disclosure Statement by Wal-Mart Stores East, LP identifying Other Affiliate Wal-Mart Stores, Inc., Other Affiliate Wal-Mart De Mexico, Other Affiliate SEIYU for Wal-Mart Stores East, LP. (Cabeche, Patricia) |
| Filing 3 Civil Cover Sheet.. by Wal-Mart Stores East, LP (Cabeche, Patricia) |
| Filing 2 DEMAND for Trial by Jury by Wal-Mart Stores East, LP (Cabeche, Patricia) |
| Filing 1 NOTICE OF REMOVAL by Wal-Mart Stores East, LP from Supreme Court, Queens County, case number 705208/2021. ( Filing fee $ 402 receipt number ANYEDC-14383122) (Attachments: #1 Exhibit A-Summons and Complaint and Verified Answer, #2 Exhibit B-Demands, #3 Exhibit C-Response to 3017 Demand, #4 Affidavit of Mailing) (Cabeche, Patricia) |
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| Defendant: Wal-Mart Stores East, LP | |
| Represented By: | Patricia Cabeche |
| Represented By: | Thomas M. O'Connor |
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| Plaintiff: Robin Copeland | |
| Represented By: | Howard R. Schatz |
| Represented By: | Lora Helen Gleicher |
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