Schabhuttl v. BJ's Membership Club, Inc. et al
| Barbara J. Schabhuttl |
| BJ's Membership Club, Inc., BJ's Wholesale Club, Inc., BJ's Wholesale Club Holdings, Inc. and ABC Corp. #1 through ABC Corp. #5 |
| 2:2023cv00782 |
| February 2, 2023 |
| US District Court for the Eastern District of New York |
| Nicholas G Garaufis |
| James M Wicks |
| P.I.: Other |
| 28 U.S.C. § 1446 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 1, 2023. A more recent docket listing may be available from PACER.
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Filing 13
REPLY in Support of Plaintiff's Motion to Remand filed by Barbara J. Schabhuttl. (Attachments: #1 Exhibit Exh. I - Letter, dated July 30, 2020, with Operative Report) (DeVito, Michael)
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Filing 12
RESPONSE in Opposition re #9 Notice of MOTION to Remand to State Court w/ Attorney Affirmation filed by BJ's Membership Club, Inc., BJ's Wholesale Club Holdings, Inc., BJ's Wholesale Club, Inc.. (Attachments: #1 Exhibit Discovery Demands, #2 Exhibit Good faith letters, #3 Exhibit Motion w/order, #4 Exhibit good faith ltr-pc order) (McKenzie, Laura)
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Filing 11
SCHEDULING ORDER: Please See Order For Further Details. So Ordered by Magistrate Judge James M. Wicks on 3/9/2023. (DF)
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Filing 10
Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE. Counsel for Plaintiff: Michael A. DeVito. Counsel for Defendant: Laura McKenzie. Initial Conference Hearing held on 3/9/2023 at 9:30 AM. Following discussion with counsel and review of the submitted worksheet, the Court adopted a Scheduling Order which is attached at DE #11 . A Status Conference has been scheduled for May 8, 2023 at 10:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. A Final Pretrial Conference has been scheduled for October 2, 2023 at 9:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. If Judge Nicholas G. Garaufis requires one, a joint proposed pretrial order in compliance with Judge Garaufis' requirements and signed by counsel for each party must be received by the undersigned 5 business days prior to this conference. 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. (FTR Log #9:24-9:35 (Video).) (DF)
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Filing 9
Notice of MOTION to Remand to State Court w/ Attorney Affirmation by Barbara J. Schabhuttl. (Attachments: #1 Exhibit Exh. A - Notice, Summons and Complaint, #2 Exhibit Exh. B - Verified Answer, #3 Exhibit Exh. C - Affidavits of Service, #4 Exhibit Exh. D - Preliminary Conference Order, #5 Exhibit Exh. E - Verified Bill of Particulars, #6 Exhibit Exh. F - Response to Combined Demands et al., #7 Exhibit Exh. G - Notice of Petition for Removal, #8 Exhibit Exh. H - Demand for Jury Trial) (DeVito, Michael)
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Filing 8
Proposed Scheduling Order by BJ's Wholesale Club Holdings, Inc., BJ's Wholesale Club, Inc. (McKenzie, Laura)
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Filing 7
DEMAND for Trial by Jury by Barbara J. Schabhuttl (DeVito, Michael)
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Filing 6
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held March 9, 2023, at 9:30 AM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than March 2, 2023. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. 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 James M. Wicks on 2/10/2023. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules) (DF)
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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. (LJ)
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Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge James M. Wicks. 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. (LJ)
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Filing 4
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) (Additional attachment(s) added on 2/7/2023: #1 Additional Corrections) (LJ).
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Filing 3
NOTICE of Appearance by Demetra Sophocleous on behalf of BJ's Wholesale Club Holdings, Inc., BJ's Wholesale Club, Inc. (aty to be noticed) (Sophocleous, Demetra) Modified on 2/7/2023 (LJ).
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Filing 2
NOTICE of Appearance by Laura McKenzie on behalf of BJ's Wholesale Club Holdings, Inc., BJ's Wholesale Club, Inc. (notification declined or already on case) (McKenzie, Laura) Modified on 2/7/2023 (LJ).
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Filing 1
NOTICE OF REMOVAL by BJ's Wholesale Club Holdings, Inc., BJ's Wholesale Club, Inc. from Nassau County, case number 601171/2022. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-16369935) (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A Summons and Complaint, #3 Exhibit Exhibit B Answer, #4 Exhibit Exhibit C Combined Demand) (McKenzie, Laura) Modified on 2/7/2023 (LJ).
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