Birch v. White Way Laundry, Inc. et al
| Harry Birch |
| White Way Laundry, Inc. and White Way Uniform Services |
| H.O. Penn Machinery, Inc. |
| Mark R. Sonders |
| 1:2019cv01560 |
| December 18, 2019 |
| US District Court for the Northern District of New York |
| Gary L Sharpe |
| Daniel J Stewart |
| P.I.: Other |
| 28 U.S.C. § 1446 Notice of Removal |
| Defendant |
Docket Report
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| ***Answer deadline set for H.O. Penn Machinery, Inc., to 2/18/2020. (jmb) |
| Filing 16 AFFIDAVIT of Service for 3rd Party Summons and Complaint served on Michele Foriska, VP on January 27, 2020, filed by White Way Laundry, Inc., White Way Uniform Services. (Brower, Murry) |
| Filing 15 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Mark R. Sonders has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Murry S. Brower and Derek J. Spada. Dated: Jan 30 and 31 2020(Brower, Murry) |
| Filing 14 Third Party Summons Issued as to H.O. Penn Machinery, Inc. (jmb) |
Filing 13
TEXT ORDER granting Defendants' #7 Letter Request seeking permission to file a Third Party Complaint in this matter. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/22/2020. (mab)
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Filing 12
ORDER REFERRING CASE TO MANDATORY MEDIATION PROGRAM: This case is referred to participation in the Mandatory Mediation Program. The parties should refer to General Order #47. The deadline for completion of Mandatory Mediation is 7/31/2020. The deadline for the parties file a Stipulation selecting a Mediator is 2/19/2020. Signed by Magistrate Judge Daniel J. Stewart on 1/22/2020. (mab)
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Filing 11
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 3 Days. Preferred Trial Location: Albany, NY. Joinder of Parties due by 2/28/2020. Amended Pleadings due by 2/28/2020. The Court has discussed Mandatory Mediation with the parties and will issue a separate Order referring this action into the Mandatory Mediation Program. The deadline to complete Mandatory Mediation is 7/31/2020. Discovery due by 10/30/2020. Motions to be filed by 12/11/2020. Status Report due by 4/20/2020. Signed by Magistrate Judge Daniel J. Stewart on 1/22/2020. (mab)
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| Filing 10 THIRD PARTY COMPLAINT against H.O. Penn Machinery, Inc. filed by White Way Laundry, Inc., White Way Uniform Services. (Attachments: #1 Proposed Summons, #2 Exhibit(s) initial summons and complaint, #3 Exhibit(s) Answer, #4 Exhibit(s) contract)(Brower, Murry) |
| Text Minute Entry for proceedings held before Magistrate Judge Daniel J. Stewart: Rule 16 Initial Pretrial Conference held on 1/17/2020. Appearances: Michael Cohn, Esq. for Plaintiff; Murry Brower, Esq. for Defendants. The Court hears from counsel as to how they intend to proceed and as to their positions in this matter. Mandatory Disclosures have been exchanged. The Court discusses the Mandatory Mediation Program with counsel. Defendants request to file a Third Party Complaint. Plaintiff does not object. The Court permits Defendants to file a Third Party Complaint. Scheduling Order deadlines set. A Uniform Pretrial Order will be issued. (TIME: 9:41AM-9:55AM). (mab) |
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Filing 9
TEXT ORDER: The Rule 16 Initial Conference in this matter is RESCHEDULED as to TIME ONLY and is now set for January 17, 2020 at 9:30 AM before the undersigned. Counsel are directed to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. The Court will address Defendants' #7 Letter Request seeking permission to file a Third-Party Complaint during the scheduled conference. SO ORDERED by Magistrate Judge Daniel J. Stewart on 1/10/2020. (mab)
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| Filing 8 CIVIL CASE MANAGEMENT PLAN by White Way Laundry, Inc., White Way Uniform Services. (Brower, Murry) |
| Filing 7 Letter Motion from Murry S. Brower for White Way Laundry, Inc., White Way Uniform Services requesting to file a 3rd Party S&C submitted to Judge Daniel J. Stewart . (Brower, Murry) |
| Filing 6 DEMAND for Trial by Jury by White Way Laundry, Inc.. (Brower, Murry) |
| Filing 5 G.O. 25 FILING ORDER ISSUED: Initial In-Person Rule 16 Conference set for 1/17/2020 at 9:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/10/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
| Filing 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT: filed by White Way Laundry, Inc., and White Way Uniform Services. (jmb) |
| Filing 3 STATE COURT ANSWER filed by Murry S. Brower, Esq., to State Court Complaint by White Way Laundry, Inc., and White Way Uniform Services. (jmb) |
| Filing 2 STATE COURT SUMMONS & COMPLAINT relating to the #1 Notice of Removal, filed by White Way Laundry, Inc., and White Way Uniform Services. (jmb) |
| Filing 1 NOTICE OF REMOVAL: from NYS Supreme Court, County of Ulster, case number 19-3615 (Filing fee $400 receipt number ANYNDC-4976549) filed by White Way Laundry, Inc., and White Way Uniform Services. With attached Exhibit A - State Court Summons and Complaint Exhibit B - State Court Answer. (Attachments: #1 Civil Cover Sheet) (jmb) |
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