Cole v. Rust-Oleum Corporation
Plaintiff: Nancy Cole
Defendant: Rust-Oleum Corporation
Case Number: 1:2021cv00272
Filed: March 9, 2021
Court: US District Court for the Northern District of New York
Presiding Judge: Brenda K Sannes
Referring Judge: Daniel J Stewart
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 30, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 30, 2021 TEXT NOTICE as to Defendant's #17 MOTION to Dismiss and Strike and #18 MOTION to Stay or Dismiss Case pursuant to the First-Filed Rule. Plaintiff to file a response to the motions by 5/17/2021. Defendant to file a reply to the response by 6/1/2021. (mab)
April 23, 2021 Filing 18 MOTION to Stay or Dismiss Case pursuant to the First-Filed Rule, and Memorandum of Law in Support filed by Rust-Oleum Corporation. Response to Motion due by 5/14/2021 (Attachments: #1 Declaration of A. Harris, #2 Exhibit(s) to Declaration of A. Harris, #3 Exhibit(s) B to Motion to Stay, #4 Affirmation Certificate of Service) Motions referred to Daniel J. Stewart. (Steese, Charles)
April 23, 2021 Filing 17 MOTION to Dismiss and Strike filed by Rust-Oleum Corporation. Motion returnable before Judge Brenda K. Sannes Response to Motion due by 5/14/2021. Reply to Response to Motion due by 5/21/2021 (Attachments: #1 Memorandum of Law in Support, #2 Declaration of Steven DiCosola, #3 Exhibit(s) Ex A to S. DiCosola Declaration, #4 Exhibit(s) Ex B to S. DiCosola Declaration, #5 Exhibit(s) Ex C to S. DiCosola Declaration, #6 Exhibit(s) Ex D to S. DiCosola Declaration, #7 Declaration of Alec P. Harris, #8 Exhibit(s) Ex A to A. Harris Declaration, #9 Exhibit(s) Ex B to A. Harris Declaration, #10 Affirmation Certificate of Service) (Steese, Charles)
April 23, 2021 Filing 16 NOTICE by Rust-Oleum Corporation of Motion to Dismiss and Strike (Palansky, Ijay)
April 6, 2021 CLERK'S CORRECTION OF DOCKET ENTRY re #15 FRCP 7.1 Corporate Disclosure Statement: Clerk added "Identifying Corporate Parent: RPM Consumer Group, Inc. Identifying Corporate Parent: RPM International Inc." to this docket entry. (hmr)
April 5, 2021 Filing 15 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Rust-Oleum Corporation Identifying Corporate Parent: RPM Consumer Group, Inc. Identifying Corporate Parent: RPM International Inc. (Palansky, Ijay) Modified on 4/6/2021 (hmr).
March 31, 2021 Filing 14 NOTICE of Appearance by Ashleigh Kaspari on behalf of Rust-Oleum Corporation (Kaspari, Ashleigh)
March 31, 2021 Filing 13 NOTICE of Appearance by Charles W. Steese on behalf of Rust-Oleum Corporation (Steese, Charles)
March 31, 2021 Filing 12 NOTICE of Appearance by Ijay Palansky on behalf of Rust-Oleum Corporation (Palansky, Ijay)
March 31, 2021 Filing 11 NOTICE of Appearance by Alec Harris on behalf of Rust-Oleum Corporation (Harris, Alec)
March 29, 2021 Filing 10 NOTICE of Appearance by Christopher Stiner on behalf of Nancy Cole (Stiner, Christopher)
March 29, 2021 Filing 9 NOTICE of Appearance by Andrew W Ferich on behalf of Nancy Cole (Ferich, Andrew)
March 29, 2021 Opinion or Order Filing 8 TEXT ORDER: On March 26, 2021, Defendant filed a Letter Request, with the consent of Plaintiff, seeking an extension of time to file a Motion to Dismiss in response to the Complaint in this matter. Dkt. No. #7 . The request is GRANTED and Defendant shall file a Motion to Dismiss by April 23, 2021. Plaintiff shall file a response to the motion by May 17, 2021. Any reply shall be filed by June 1, 2021. SO ORDERED by Magistrate Judge Daniel J. Stewart on 3/29/2021. (mab)
March 26, 2021 Filing 7 Joint Letter Motion from Jeffrey Wurst for Rust-Oleum Corporation requesting Extension of Time . (Wurst, Jeffrey)
March 26, 2021 Filing 6 NOTICE of Appearance by Jeffrey A. Wurst on behalf of Rust-Oleum Corporation (Wurst, Jeffrey)
March 12, 2021 Filing 5 SUMMONS Returned Executed by Nancy Cole. Rust-Oleum Corporation served on 3/11/2021, answer due 4/1/2021. (Wolfson, Tina)
March 10, 2021 Filing 4 NOTICE of Admission Requirement as to Party Plaintiff; Attorney Christopher Stiner, Email address is cstiner@ahdootwolfson.com. Phone number is 310-474-9111. Attorney Andrew W. Ferich, Email address is aferich@ahdootwolfson.com. Phone number is 310-474-9111. Admissions due by 3/24/2021. [A copy of this notice was emailed to both Attorney Stiner and Attorney Ferich on 3/10/2021.](hmr)
March 10, 2021 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 6/8/2021 at 09:00 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 6/1/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) [A courtesy copy of the GO #25 was emailed to both Attorney Stiner and Attorney Ferich on 3/10/2021.](hmr)
March 10, 2021 Filing 2 Summons Issued as to Rust-Oleum Corporation. (hmr)
March 9, 2021 Filing 1 COMPLAINT with Jury Demand against Rust-Oleum Corporation (Filing fee $402 receipt number ANYNDC-5452217) filed by Nancy Cole. (Attachments: #1 Civil Cover Sheet)(hmr)

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Defendant: Rust-Oleum Corporation
Represented By: Ijay Palansky
Represented By: Ashleigh Kaspari
Represented By: Charles W. Steese
Represented By: Jeffrey A. Wurst
Represented By: Alec Harris
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Plaintiff: Nancy Cole
Represented By: Tina Wolfson
Represented By: Andrew W Ferich
Represented By: Christopher Stiner
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