Sanchez de Valdez v. Walmart, Inc.
| Ruth Sanchez de Valdez |
| Walmart, Inc. and Wal-Mart Stores East, LP |
| 2:2023cv06105 |
| August 14, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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| Filing 13 NOTICE of Change of FIRM NAME Once the filing has been made, you must login to www.pacer.gov and update your account. (O'Connor, Patricia) |
ORDER. In light of the parties' stipulation to amend the caption (ECF No. 10), the pleadings are deemed amended to reflect Wal-Mart Stores East, LP as the proper defendant in this action. The Clerk of the Court is respectfully directed to amend the caption of the docket accordingly. So Ordered by Magistrate Judge James M. Wicks on 9/27/2023. (MSH)
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Filing 12
SCHEDULING ORDER: Please See Order for Further Details. So Ordered by Magistrate Judge James M. Wicks on 9/26/2023. (DF)
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| Filing 11 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE. Counsel for Plaintiff: Jonathan Burke Van Dina. Counsel for Defendant: Patricia A. O'Connor. Initial Conference Hearing held on 9/26/2023 at 10:30 AM. Discussion was held regarding the parties' request to hold expert discovery in abeyance. Following discussion with counsel and review of the submitted worksheet, that request is denied with leave to renew after dispositive motion practice is initiated for the reasons stated on the record, and the Court adopts Scheduling Order which is attached at ECF No. #12 . The parties' requested that the case caption reflect the correct defendant as Wal-Mart Stores East, LP. The parties are directed to file a stipulation to amend the caption on or before October 6, 2023. To the extent the parties are interested in a settlement conference before the Court, they may reach out to chambers at any point to schedule a date. A Status Conference has been scheduled for December 4, 2023 at 11:30 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. A Pretrial Conference has been scheduled for May 31, 2024 at 10:00 AM via the Court's Video Zoom. The Court will email the Zoom invitation closer to the conference date. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. A joint proposed pretrial order ("JPTO") in compliance with the Individual Practice Rules of the Hon. Gary R. Brown, signed by counsel for each party, must be filed on ECF at least five (5) business days prior to this conference. If a motion for summary judgment is pending, the final pretrial conference will be cancelled and filing of the JPTO will be held in abeyance. 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 #10:24-10:37 (Video).) (DF) |
| Filing 10 STIPULATION to Amend Caption by Walmart, Inc. (O'Connor, Patricia) |
| Filing 9 Proposed Scheduling Order by Walmart, Inc. (O'Connor, Patricia) |
| Filing 8 NOTICE of Appearance by Jonathan Burke Van Dina on behalf of All Plaintiffs (aty to be noticed) (Van Dina, Jonathan) |
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Filing 7
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held September 26, 2023, at 10:30 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 September 19, 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. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. 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 8/15/2023. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules) (DF)
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| 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. (LJ) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 4 NOTICE OF REMOVAL by Walmart, Inc. from Supreme, Kings, case number 518921/2023. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-16987541) (Attachments: #1 Exhibit Ex. A - Pleadings, #2 Exhibit Ex. A - Pleadings, #3 Exhibit Ex. B - Combined Demands, #4 Exhibit Ex. C - Response) (O'Connor, Patricia) (Attachment 1 replaced on 8/14/2023) (LJ). Modified on 8/14/2023 (LJ). |
| Filing 3 DEMAND for Trial by Jury by Walmart, Inc. (O'Connor, Patricia) |
| 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) |
| Filing 1 Civil Cover Sheet.. by Walmart, Inc. (O'Connor, Patricia) |
| Case Assigned to Judge Gary R. Brown 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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