Country Mutual Insurance Co. v. Invacare Corporation et al
Plaintiff: Country Mutual Insurance Co.
Defendant: Ralph O'Mara-Garcia and Invacare Corporation
Case Number: 1:2020cv00624
Filed: June 5, 2020
Court: US District Court for the Northern District of New York
Presiding Judge: Thomas J McAvoy
Referring Judge: Daniel J Stewart
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 31, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2020 Filing 19 ANSWER to #1 Complaint , CROSSCLAIM against Invacare Corporation by Ralph O'Mara-Garcia.(Cost, David)
July 28, 2020 Opinion or Order Filing 18 TEXT ORDER granting #14 Motion for Limited Admission Pro Hac Vice. Attorney Kent M. Lucaccioni is hereby admitted to practice in this action on behalf of Defendant Invacare Corporation. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 7/28/2020. (mab)
July 27, 2020 CLERK'S CORRECTION OF DOCKET ENTRY: Attachment 1 to the #16 Answer to Complaint was removed as it was filed in error. (pjh, )
July 27, 2020 Filing 17 NOTICE of Admission Requirement as to Party Invacare Corporation; Attorney Kent Lucaccioni. Admissions due by 8/10/2020. {Mailed to attorney on 7/27/2020 by regular mail}(see)
July 24, 2020 Filing 16 ANSWER to #1 Complaint , CROSSCLAIM against Ralph O'Mara-Garcia by Invacare Corporation. (Attachments: # 1 2020 Litigation Plan and Budget)(Raghavan, Latha)
July 23, 2020 Filing 15 Supplemental Admission documents re: #14 Motion for Limited Admission Pro Hac Vice. (Attachments: #1 Petition for Admission)(Raghavan, Latha)
July 22, 2020 Notice of Filing Deficiency re: #14 Motion for Limited Admission Pro Hac Vice of Kent Lucaccioni. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: New Attorney E-filing Registration Form; Petition for Admission to Practice form published by the Court 12/2019. The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, )
July 21, 2020 Filing 14 MOTION for Limited Admission Pro Hac Vice of Kent M. Lucaccioni Filing fee $100, receipt number ANYNDC-5179918. filed by Invacare Corporation. (Attachments: #1 Declaration) Motions referred to Daniel J. Stewart. (Raghavan, Latha)
July 21, 2020 Filing 13 NOTICE of Appearance by Latha Raghavan on behalf of Invacare Corporation (Raghavan, Latha)
July 15, 2020 Filing 12 AFFIDAVIT of Service for Summons served on Ralph O'Mara-Garcia on 06/16/2020, filed by Country Mutual Insurance Co.. (Grogan, Elizabeth)
June 29, 2020 Opinion or Order Filing 11 TEXT ORDER: Based upon the Stipulation filed on June 26, 2020, Dkt. No. #10 , the deadline in which Defendant, Ralph O'Mara-Garcia, is to file an Answer or otherwise respond to the Complaint in this matter is extended to July 31, 2020. SO ORDERED by Magistrate Judge Daniel J. Stewart on 6/29/2020. (mab)
June 26, 2020 Filing 10 STIPULATION Extending Time to Respond to Complaint by Ralph O'Mara-Garcia submitted to Judge TJM/DJS. (Cost, David)
June 26, 2020 Filing 9 NOTICE of Appearance by David M. Cost on behalf of Ralph O'Mara-Garcia (Cost, David)
June 17, 2020 Opinion or Order Filing 8 TEXT ORDER granting #5 Motion for Limited Admission Pro Hac Vice. Attorney Daniel J. de Luca is hereby admitted to practice in this action on behalf of Plaintiff. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 6/17/2020. (mab)
June 17, 2020 ***Answer due date updated for Invacare Corporation answer due 7/6/2020. (see)
June 17, 2020 Filing 7 AFFIDAVIT of Service for Summons, Complaint,Notice Order served on Invacare Corporation on 06/12/2020, filed by Country Mutual Insurance Co.. (Grogan, Elizabeth)
June 17, 2020 Filing 6 Supplemental Admission documents re: #5 Motion for Limited Admission Pro Hac Vice,,. (Attachments: #1 Declaration Petition for Admission of Daniel J. de Luca, Esq.)(Grogan, Elizabeth)
June 17, 2020 Notice of Filing Deficiency re: #5 Motion for Limited Admission Pro Hac Vice of Daniel J. de Luca. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: new Petition for Admission to Practice form published by the Court 12/2019The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, )
June 17, 2020 Filing 5 MOTION for Limited Admission Pro Hac Vice of Daniel J. de Luca Filing fee $100, receipt number ANYNDC-5146166. filed by Country Mutual Insurance Co.. (Attachments: #1 Affidavit Affidavit of Daniel J. de Luca, Esq., #2 Exhibit(s) Exhibit A - Certificates of Good Standing, #3 Declaration Declaration of Sponsor of Elizabeth J. Grogan, Esq., #4 Affirmation New Attorney E-Filing Registration Form, #5 Affidavit Affidavit of Service, #6 Proposed Order/Judgment Order for Admission Pro Hac Vice) Motions referred to Daniel J. Stewart. (Grogan, Elizabeth)
June 5, 2020 Filing 4 NOTICE of Admission Requirement as to Party plaintiff; Attorney Daniel J. de Luca, Email address is ddeluca@delucalevine.com. Phone number is (215) 383-0081. Admissions due by 6/19/2020. {Emailed to attorney on 6/5/2020}(see)
June 5, 2020 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/3/2020 at 11:00 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 8/27/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) {Copy emailed to Attorney de Luca on 6/5/2020}(see)
June 5, 2020 Filing 2 Summonses Issued as to Invacare Corporation and Ralph O'Mara-Garcia. (Attachments: #1 Summons for Ralph O'Mara-Garcia)(see)
June 5, 2020 Filing 1 COMPLAINT against Invacare Corporation, Ralph O'Mara-Garcia (Filing fee $400 receipt number ANYNDC-5135739) filed by Country Mutual Insurance Co. (Attachments: #1 Civil Cover Sheet)(see)

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Defendant: Ralph O'Mara-Garcia
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Defendant: Invacare Corporation
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Plaintiff: Country Mutual Insurance Co.
Represented By: Elizabeth J. Grogan
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