Cuffari v. Target Corporation
| Rosalie Cuffari |
| Target Corporation |
| 2:2023cv07980 |
| October 26, 2023 |
| US District Court for the Eastern District of New York |
| Lee G Dunst |
| Hector Gonzalez |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on November 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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SCHEDULING ORDER: The Court shall hold an Initial Conference on 2/8/2024 at 3:00PM in Courtroom 830 of the Alfonse M. D'Amato Federal Courthouse, Central Islip. In light of the reassignment of this case by consent to the undersigned, the discovery plan Order at DE #13 is VACATED. The parties shall submit a proposed discovery plan per the undersigneds rules by 2/2/2024. Ordered by Magistrate Judge Lee G. Dunst on 11/27/2023. (CT)
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| Filing 17 CONSENT to Jurisdiction by US Magistrate Judge by Target Corporation. (Hannon, Ian) |
| Case Reassigned to Magistrate Judge Lee G. Dunst. Judge Hector Gonzalez 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. (MB) |
| Filing 16 NOTICE of Appearance by Michael Mills on behalf of Rosalie Cuffari (aty to be noticed) (Mills, Michael) |
| Filing 15 Letter Response to Court Order by Rosalie Cuffari (Simon, Roger) |
| Filing 14 CERTIFICATE OF SERVICE by Target Corporation re #13 Scheduling Order,, Order,,, (Hannon, Ian) |
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Filing 13
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by December 1, 2023, as further described in the attached mandatory requirements. The parties' joint letter shall include a description of any discovery that has already been conducted in state court prior to Defendant's removal of this case.Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 10/27/2023. (BH)
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ORDER: Plaintiff shall file a letter no longer than three pages on or before November 3, 2023, explaining Plaintiff's position regarding whether this case was properly removed from state court. Plaintiff's letter must address not only whether the Court has diversity or federal question jurisdiction over the claims at issue in this case, but also whether Defendant complied with the procedural requirements for removal, including the requirements in 28 U.S.C. 1446. Defendant may file a responsive letter no longer than three pages on or before November 10, 2023.If Plaintiff's letter indicates that removal was improper, the Court will likely take under consideration whether to remand this case based solely on the parties' letters, without affording Defendant the opportunity further to brief the issue, regardless of whether Defendant files a responsive letter. Ordered by Judge Hector Gonzalez on 10/27/2023. (BH)
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| Filing 12 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (DC) |
| Filing 11 Case transferred in from District of New York Southern; Case Number 1:23-cv-08483. Original file certified copy of transfer order and docket sheet received. |
| Filing 10 CERTIFICATE OF SERVICE of Order dated October 19, 2023 served on Michael J. Miles, Esq. (Friedman & Simon, LLP) on October 20, 2023. Service was made by Mail & Email. Document filed by Target Corporation..(Hannon, Ian) [Transferred from New York Southern on 10/26/2023.] |
| 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. (ate) [Transferred from New York Southern on 10/26/2023.] |
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Filing 9
ORDER: The Clerk of the Court is respectfully directed to transfer this case to the Eastern District of New York and to close the case here. For the sake of a complete record, Defendant shall promptly file on ECF proof that it served Plaintiff with the Court's order. (Signed by Judge J. Paul Oetken on 10/19/2023) (ate) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 10/26/2023.]
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| Filing 8 LETTER addressed to Judge J. Paul Oetken from Ian E. Hannon dated October 17, 2023 re: in response to the Court's September 27, 2023 Order to Show Cause. Document filed by Target Corporation. (Attachments: #1 Exhibit Orders).(Hannon, Ian)[Transferred from New York Southern on 10/26/2023.] |
| Filing 7 NOTICE OF APPEARANCE by Sal F. DeLuca on behalf of Target Corporation..(DeLuca, Sal) [Transferred from New York Southern on 10/26/2023.] |
| Filing 6 NOTICE OF APPEARANCE by Roger Lewis Simon on behalf of Rosalie Cuffari..(Simon, Roger) [Transferred from New York Southern on 10/26/2023.] |
| Filing 5 CERTIFICATE OF SERVICE of Order dated September 27, 2023 served on Friedman & Simon, LLP on September 28, 2023. Service was made by MAIL. Document filed by Target Corporation..(Hannon, Ian) [Transferred from New York Southern on 10/26/2023.] |
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Filing 4
ORDER: Accordingly, the parties shall, on or before October 18, 2023, show cause why this case shall not be transferred to the Eastern District of New York pursuant to 28 U.S.C. 1406. (Signed by Judge J. Paul Oetken on 9/27/2023) (ate) [Transferred from New York Southern on 10/26/2023.]
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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..(pc) [Transferred from New York Southern on 10/26/2023.] |
| Magistrate Judge Gabriel W. Gorenstein 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. (pc) [Transferred from New York Southern on 10/26/2023.] |
| Case Designated ECF. (pc) [Transferred from New York Southern on 10/26/2023.] |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Target Corporation..(Hannon, Ian) [Transferred from New York Southern on 10/26/2023.] |
| Filing 2 CIVIL COVER SHEET filed..(Hannon, Ian) [Transferred from New York Southern on 10/26/2023.] |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 153128/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-28342477).Document filed by Target Corporation. (Attachments: #1 Exhibit S&C, #2 Exhibit answer, #3 Exhibit response to combined dmnds).(Hannon, Ian) [Transferred from New York Southern on 10/26/2023.] |
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| Plaintiff: Rosalie Cuffari | |
| Represented By: | Roger Lewis Simon |
| Represented By: | Michael Mills |
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| Defendant: Target Corporation | |
| Represented By: | Sal F. DeLuca |
| Represented By: | Ian E. Hannon |
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