Narragansett Bay Insurance Company v. Champion Power Equipment, Inc. et al
| Narragansett Bay Insurance Company |
| Champion Power Equipment, Inc., Costco Wholesale Corporation, ABC Corporations 1-10 and John Does 1-10 |
| 2:2024cv00056 |
| January 3, 2024 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on February 28, 2024. A more recent docket listing may be available from PACER.
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Filing 16
SCHEDULING ORDER: Please See Order for Further Details. So Ordered by Magistrate Judge James M. Wicks on 2/28/2024. (DF)
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| Filing 15 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE. Counsel for Plaintiff: Eliot L. Greenberg. Counsel for Defendant: Barry L. Gerstman, Zoe Dulchinos (Not Admitted in the EDNY, Observing Only). Initial Conference Hearing held on 2/28/2024 at 12:00 PM. Following discussion with counsel and review of the submitted worksheet, the Court adopted a Scheduling Order which is attached at ECF No. #16 . In addition to the dates set forth below, the last date for the parties to take the first step of summary judgment motion practice is May 9, 2025. A Status Conference has been scheduled for October 1, 2024 at 9:30 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 Final Pretrial Conference has been scheduled for May 27, 2025 at 9:30 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 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 #11:59-12:06 (Video).) (DF) |
| Filing 14 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR DOCKET CALL. Counsel for Plaintiff: No Appearance. Counsel for Defendant: Barry L. Gerstman, Zoe Dulchinos (Not Admitted in the EDNY, Observing Only). Initial Conference scheduled for February 22, 2024 at 1:30 PM. Counsel for Plaintiff did not appear for today's conference. The Court telephoned Mr. Greenberg's office and was informed that Mr. Greenberg could not attend due to personal circumstances. The Initial Conference is adjourned to February 28, 2024 at 12:00 PM 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. 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 #1:41-1:43 (Video).) (DF) |
| Filing 13 Proposed Scheduling Order Rule 26(F) by Champion Power Equipment, Inc. (Gerstman, Barry) |
| Filing 12 Letter To Judge Wicks re Proposed Initial Scheduling Order by Champion Power Equipment, Inc. (Gerstman, Barry) |
| Filing 11 CHAMPION's ANSWER to Complaint , CROSSCLAIM against ABC Corporations 1-10, John Does 1-10 by Champion Power Equipment, Inc.. (Gerstman, Barry) |
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ORDER granting #10 Motion for Extension of Time to Answer. Defendant Champion Power Equipment, Inc. shall respond to the complaint on or before 1/31/2024. So Ordered by Magistrate Judge James M. Wicks on 1/17/2024. (Wicks, James)
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| Filing 10 First MOTION for Extension of Time to File Answer Complaint by Champion Power Equipment, Inc.. (Gerstman, Barry) |
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Filing 9
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held February 22, 2024 at 1:30 PM 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 February 15, 2024. 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 1/12/2024. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules) (DF)
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| Filing 8 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 (LJ) |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Additional attachment(s) added on 1/11/2024: #1 Additional Corrections) (LJ). |
| 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) |
| Filing 6 Civil Cover Sheet.. Re #1 Notice of Removal, by Champion Power Equipment, Inc., (Gerstman, Barry) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please answer NY-E Division of Business Rule 1(c) question 2(a) and 2(b) Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (CV) |
| Filing 5 Civil Cover Sheet.. Re #1 Notice of Removal, by Champion Power Equipment, Inc., (Gerstman, Barry) |
| Filing 4 APPROVAL re #3 Motion for Refund of Fees Paid Electronically. Signed Brenna B. Mahoney, Clerk of Court by Tiffeny Lee-Harris, Deputy Clerk on 1/5/2024. (fwd'd for processing) (TLH) |
| Filing 3 MOTION for Refund of Fees Paid Electronically by Champion Power Equipment, Inc.,. (Gerstman, Barry) |
| Incorrect/ Incomplete NY-E Division Question NOTICE: Incomplete Civil Cover Sheet. The Civil Cover Sheet was not filled out correctly - specifically on page 2 the NY-E Division of Business Rule 1(c) section of the document and Plaintiffs Name is Missing; Counsel is directed to submit a corrected Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (CV) |
| Filing 2 NOTICE by Champion Power Equipment, Inc., re #1 Notice of Removal, (Gerstman, Barry) |
| Filing 1 NOTICE OF REMOVAL by Champion Power Equipment, Inc., from Nassau County Supreme Court, case number 619195/2023. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 405 receipt number ANYEDC-17426014) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Civil Cover Sheet) (Gerstman, Barry) Modified on 1/11/2024 (LJ). |
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