Fisher v. Wal-Mart Stores East, LP
| Wekeva Fisher |
| Wal-Mart Stores East, LP |
| 2:2023cv08369 |
| November 10, 2023 |
| US District Court for the Eastern District of New York |
| Steven Tiscione |
| P.I.: Other |
| 28 U.S.C. ยง 1442 Notice of Removal |
| Defendant |
Docket Report
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| Filing 11 Minute Entry for Initial Conference Hearing held on 1/4/2024 before Magistrate Judge Steven Tiscione: Polo for Plaintiff; O'Connor for Defendant. Parties were advised that they must decide whether to consent to this Court's jurisdiction pursuant to the Districts Magistrate Judge Direct Assignment Pilot Program and file the appropriate form within 30 days of the initial conference.The Court sets the following discovery deadlines: Deadline for completion of Rule 26(a) initial disclosures - 4/4/24; Completion of Phase I discovery - 6/4/24; Deadline for motions to join new parties or amend pleadings - 7/5/24; First requests for production of documents and interrogatories due by - 7/20/24; All fact discovery to be completed by 11/1/24; Exchange of expert reports - 12/1/24; Expert depositions completed by - 1/6/24; All discovery completed by - 1/6/24; Final date to take first step in dispositive motion practice - 2/6/25. An in-person settlement conference will be held on June 19, 2024 at 11:00 a.m. in Courtroom 910 of the Central Islip Courthouse. Parties are to submit their respective settlement positions via ex parte electronic filing no later than June 16, 2024. A motion to file ex parte is not required. Counsel are to refer to the Settlement Section of this Court's Individual Rules in preparation for the conference. (Not Recorded.) (LV) |
| Filing 10 NOTICE of Appearance by Patricia A. O'Connor on behalf of Wal-Mart Stores East, LP (aty to be noticed) (O'Connor, Patricia) |
| Filing 9 Proposed Scheduling Order by Wal-Mart Stores East, LP (O'Connor, Thomas) |
Filing 8
An initial conference will be held at 10:30 a.m. on January 4, 2024 before the undersigned by phone. Counsel shall connect to the conference through dial-in number 888-557-8511 with access code 3152145. The attached Discovery Plan Worksheet is to be completed by counsel and electronically filed with the Court by January 2nd. 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 11/28/2023. (LV)
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| Filing 7 NOTICE of Appearance by Adam D. Polo on behalf of All Plaintiffs (notification declined or already on case) (Polo, Adam) |
| Filing 6 STATE COURT RECORD from Suffolk County Clerk's Office Received 11/17/2023. (LJ) |
| Filing 5 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CL) |
| Case Assigned to Magistrate Judge Steven Tiscione. 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. (CL) |
| This attorney case opening filing has been checked for quality control. (CL) |
| Filing 4 Corporate Disclosure Statement by Wal-Mart Stores East, LP identifying Other Affiliate Wal-Mart De Mexico, Other Affiliate SEIYU, Other Affiliate Walmart Inc. f/k/a Wal-Mart Stores, Inc. for Wal-Mart Stores East, LP. (O'Connor, Thomas) |
| Filing 3 Civil Cover Sheet.. by Wal-Mart Stores East, LP (O'Connor, Thomas) |
| Filing 2 DEMAND for Trial by Jury by Wal-Mart Stores East, LP (O'Connor, Thomas) |
| Filing 1 NOTICE OF REMOVAL by Wal-Mart Stores East, LP from Supreme Court, Suffolk County, case number 623274/2023. ( Filing fee $ 402 receipt number ANYEDC-17272742) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit A-Summons and Complaint and Verified Answer, #2 Exhibit B-Combined Demands, #3 Exhibit C- Decision and Order and Court Notice, #4 Exhibit D-Response to 3017c Demand) (O'Connor, Thomas) Modified on 11/13/2023 (CL). |
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| Plaintiff: Wekeva Fisher | |
| Represented By: | Adam D. Polo |
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| Defendant: Wal-Mart Stores East, LP | |
| Represented By: | Thomas M. O'Connor |
| Represented By: | Patricia A. O'Connor |
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