Moore v. Walmart, Inc.
Plaintiff: Donita Moore
Defendant: Walmart, Inc.
Case Number: 2:2022cv00857
Filed: February 16, 2022
Court: US District Court for the Eastern District of New York
Presiding Judge: Gary R Brown
Referring Judge: Pamela K Chen
2 Judge: Peggy Kuo
3 Judge: Arlene R Lindsay
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Notice of Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 2, 2022 Opinion or Order Filing 7 SCHEDULING ORDER: An Initial Conference will be held by telephone in this case on May 2, 2022 at 11:00 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. 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.) Counsel are directed to the annexed Initial Conference Order for instructions. By April 26, 2022, 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. Defendant's counsel is directed to ensure that Plaintiff is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 3/2/2022. (O'Neil-Berven, Ryan)
March 1, 2022 Opinion or Order ORDER REASSIGNING CASE. Case reassigned to Judge Pamela K. Chen and Magistrate Judge Peggy Kuo for all further proceedings. Judge Gary R. Brown, Magistrate Judge Arlene R. Lindsay 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. Ordered by Chief Judge Margo K. Brodie on 3/1/2022. (Bowens, Priscilla)
February 28, 2022 Opinion or Order ORDER: In light of the order to show cause and the defendant's response thereto, this matter is respectfully referred to the Clerk of the Court for reassignment to to a United States District Judge in Brooklyn. Ordered by Judge Gary R. Brown on 2/28/2022. c/ecf (Cowan, Timothy)
February 22, 2022 Filing 6 Letter addressing OTSC by Walmart, Inc. (O'Connor, Patricia)
February 22, 2022 Opinion or Order ORDER TO SHOW CAUSE: This action was removed from the Supreme Court of the State of New York County of Queens relating to an incident that occurred in Nassau County. Counsel accurately responded to the questions on the Civil Cover Sheet, and the matter was assigned to the "'Long Island Division' of the Eastern District, consisting of Nassau and Suffolk Counties." In re Jury Plan, 61 F.3d 119, 120 (2d Cir. 1995). Pursuant to 28 USC Section 1446(a), an action removed from a state court must be heard in "the district court of the United States for the district and division within which such action is pending." Title 28 U.S.C.A. 1406 provides that a "district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." The Court recognizes that counsel bears no responsibility for the assignment, which appears to be erroneous. As such, counsel for both parties are to advise the Court in writing by February 28, 2022 as to whether there is an objection to reassignment to a district judge in the Brooklyn courthouse. Ordered by Judge Gary R. Brown on 2/22/2022. c/ecf (Cowan, Timothy)
February 17, 2022 Attention Bradley S. Levin, Esq.: 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. (Kirchner, Mary)
February 16, 2022 Filing 5 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. (Jakubowski, Laura)
February 16, 2022 Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 2/16/2022: #1 Additional Corrections) (Jakubowski, Laura).
February 16, 2022 Filing 3 DEMAND for Trial by Jury by Walmart, Inc. (O'Connor, Patricia)
February 16, 2022 Filing 2 Corporate Disclosure Statement by Walmart, Inc. identifying Other Affiliate Wal-Mart Stores, Inc., Other Affiliate Wal-Mart De Mexico, Other Affiliate SEIYU for Walmart, Inc.. (O'Connor, Patricia)
February 16, 2022 Filing 1 NOTICE OF REMOVAL by Walmart, Inc. from Supreme, Queens, case number 715914/2021. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-15295825) (Attachments: #1 Exhibit Ex. A - Pleadings, #2 Exhibit Ex. A - Pleadings, #3 Exhibit Ex. B - Demand, #4 Exhibit Ex. C - Response) (O'Connor, Patricia) (Additional attachment(s) added on 2/16/2022: #5 Civil Cover Sheet) (Bowens, Priscilla). Modified on 2/16/2022 (Bowens, Priscilla). Modified on 2/16/2022 (Jakubowski, Laura).
February 16, 2022 Case Assigned to Judge Gary R. Brown and Magistrate Judge Arlene R. Lindsay. 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. (Jakubowski, Laura)

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Plaintiff: Donita Moore
Represented By: Brad S. Levin
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Defendant: Walmart, Inc.
Represented By: Patricia A. O'Connor
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