Vivenzio v. Home Depot U.S.A., Inc. et al
Plaintiff: Ian Vivenzio
Defendant: Home Depot U.S.A., Inc. and JOHN DOE
Case Number: 1:2023cv00068
Filed: January 19, 2023
Court: US District Court for the Northern District of New York
Presiding Judge: Frederick J Scullin
Referring Judge: Daniel J Stewart
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1446 Petition for Removal- Personal Injury
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 21, 2023 Filing 15 STATUS REPORT Re selection of Mediator by Home Depot U.S.A., Inc.. (Palaguachi, Manuel)
March 21, 2023 Filing 14 STIPULATION Confidentiality Stipulation and Protective Order to be So-Ordered by Home Depot U.S.A., Inc. submitted to Judge Daniel J. Stewart. (Palaguachi, Manuel)
February 21, 2023 Opinion or Order Filing 13 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 3/21/2023. Deadline for completion of Mandatory Mediation is 8/31/2023. Signed by Magistrate Judge Daniel J. Stewart on 2/21/2023. (gmd)
February 21, 2023 Opinion or Order Filing 12 UNIFORM PRETRIAL SCHEDULING ORDER: Joinder of Parties due by 4/14/2023. Amended Pleadings due by 4/14/2023. Discovery due by 2/29/2024. Plaintiff's Expert Disclosure Deadline is 12/1/2023. Defendant's Expert Disclosure Deadline is 1/15/2024. Rebuttal Expert Disclosure Deadline is 1/30/2024. Motions to be filed by 3/29/2024. Anticipated length of trial: 7- 8 Days. Signed by Magistrate Judge Daniel J. Stewart on 2/21/2023. (gmd)
February 21, 2023 Text Minute Entry for a Rule 16 Telephone Conference held on 2/21/2023 before Magistrate Judge Daniel J. Stewart. The Court hears from counsel as to their positions and how they intend to proceed in this matter. Counsel may submit a proposed protective order for the court's consideration. The Court discusses the Mandatory Mediation Program with counsel. Scheduling Order deadlines set. A Uniform Pretrial Order will be issued. The Court requests that if counsel is requesting a jury trial that a Demand for Jury Trial be filed on the docket. Appearances: Joseph A. Granich, Esq., for plaintiff; David M. Pollack, Esq., for defendant. Time: 11:37 AM 11:53 AM. (gmd)
February 13, 2023 Filing 11 CIVIL CASE MANAGEMENT PLAN Proposed by Home Depot U.S.A., Inc.. (Palaguachi, Manuel)
February 6, 2023 Opinion or Order Filing 10 TEXT ORDER granting #8 Letter Request, requesting Adjournment (time only) submitted to Judge Stewart : TELEPHONIC Initial Rule Conference RESET in TIME ONLY for 2/21/2023 11:30 AM before Magistrate Judge Daniel J. Stewart. The parties are directed to dial +1 315-691-0477, and enter Access code 799 976 430 to connect to the conference. So Ordered by Magistrate Judge Daniel J. Stewart on 2/6/2023. (gmd)
January 24, 2023 Opinion or Order Filing 9 TEXT ORDER granting #7 Letter Request, requesting that Attorney Steven R. Montgomery be removed as attorney for this matter in Response to document number 5 on the Docket. So Ordered by Magistrate Judge Daniel J. Stewart on 1/24/2023. (gmd)
January 24, 2023 Filing 8 Letter Motion from Joseph Granich for Ian Vivenzio requesting Adjournment (time only) submitted to Judge Stewart . (Granich, Joseph)
January 20, 2023 Filing 7 Letter Motion from Manuel A. Palaguachi, Esq. for Home Depot U.S.A., Inc. requesting Request that Attorney Steven R. Montgomery be removed as attorney for this matter in Response to document number 5 on the Docket submitted to Judge Magistrate Judge Daniel J. Stewart . (Palaguachi, Manuel)
January 20, 2023 Filing 6 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Home Depot U.S.A., Inc. identifying Corporate Parent The Home Depot, Inc., Corporate Parent The Home Depot Inc. for Home Depot U.S.A., Inc... (Palaguachi, Manuel)
January 19, 2023 Filing 5 NOTICE OF ADMISSION REQUIREMENT as to Attorney Steven R. Montgomery, Email address is Steven.Montgomery@lewisbrisbois.com. Phone number is 212-232-1300. Admissions due by 2/2/2023. {Notice and GO25 served upon attorney via email}(pjh, )
January 19, 2023 Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/21/2023 at 10:00 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 2/14/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, )
January 19, 2023 Filing 3 ANSWER to Complaint (Notice of Removal) by Home Depot U.S.A., Inc. (pjh, )
January 19, 2023 Filing 2 STATE COURT COMPLAINT filed by Plaintiff in Albany County Supreme Court. (pjh, )
January 19, 2023 Filing 1 NOTICE OF REMOVAL from Albany County Supreme Court, case number 900399-22 (Filing fee $402 receipt number ANYNDC-6166271) filed by Home Depot U.S.A., Inc. (Attachments: #1 Exhibit A - State Court Summons and Complaint, #2 Exhibit B - Affidavit of Service, #3 Exhibit C - Answer to State Court, #4 Exhibit D- Email Correspondence, #5 Civil Cover Sheet)(pjh, )

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Plaintiff: Ian Vivenzio
Represented By: Joseph A. Granich
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Defendant: Home Depot U.S.A., Inc.
Represented By: Manuel Palaguachi
Represented By: David M. Pollack
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Defendant: JOHN DOE
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