Foster v. Ollie's Bargain Outlet, Inc. et al
Plaintiff: Dawn Foster
Defendant: Ollie's Bargain Outlet, Inc. and Belnick, LLC
Case Number: 1:2023cv00287
Filed: March 3, 2023
Court: US District Court for the Northern District of New York
Presiding Judge: Mae A D'Agostino
Referring Judge: Daniel J Stewart
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1441 Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 5, 2023 Opinion or Order Filing 14 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 5/3/2023. Deadline for completion of Mandatory Mediation is 11/17/2023.. Signed by Magistrate Judge Daniel J. Stewart on 4/5/2023. (gmd)
April 5, 2023 Opinion or Order Filing 13 UNIFORM PRETRIAL SCHEDULING ORDER: Joinder of Parties due by 6/5/2023. Amended Pleadings due by 6/5/2023. Discovery due by 3/29/2024. Plaintiffs Expert Disclosure Deadline is 1/1/2024. Defendants Expert Disclosure Deadline is 2/13/2024. Rebuttal Expert Disclosure Deadline is 2/28/2024. Motions to be filed by 5/13/2024. Deadline for completion of Mandatory Mediation is 11/17/2023. Anticipated length of trial: 4. Preferred Trial Location: Albany. Signed by Magistrate Judge Daniel J. Stewart on 4/5/2023. (gmd)
April 4, 2023 Text Minute Entry for a Rule 16 Conference held on 4/4/2023 before Magistrate Judge Daniel J. Stewart. The Court hears from counsel as to their positions and how they intend to proceed in this matter. Court discusses potential for settlement. The Court discusses the Mandatory Mediation Program with counsel. Scheduling Order deadlines set. A Uniform Pretrial Order will be issued. Counsel may contact the court if any issues arise after attempting to resolve them without intervention of court. Appearances: John A. DeGasperis, Esq., for plaintiff via telephone; Shanna R. Torgerson, Esq., for defendant Ollie's Bargain Outlet, Inc., in person, and Jonathan E. Hansen, Esq., for defendant Belnick, LLC, via telephone. Time: 10:01 AM 10:14 AM. (gmd)
April 3, 2023 Opinion or Order Filing 12 TEXT ORDER granting #11 Letter Request, requesting Telephonic Conference//Conference Adjournment. Initial Rule 16 Conference RESET in LOCATION ONLY for a TELEPHONIC Initial Rule 16 Conference for 4/4/2023 10:00 AM before Magistrate Judge Daniel J. Stewart. The parties are directed to dial +1 518-217-2288, and enter 844 542 202 to connect to the conference. So Ordered by Magistrate Judge Daniel J. Stewart on 4/3/2023. (gmd)
April 3, 2023 Filing 11 Letter Motion from Plaintiff's Counsel for Dawn Foster requesting Telephonic Conference//Conference Adjournment submitted to Judge Magistrate Judge Daniel J. Stewart . (DeGasperis, John)
March 27, 2023 Filing 10 CIVIL CASE MANAGEMENT PLAN by Belnick, LLC. (Hansen, Jonathan)
March 24, 2023 Filing 9 NOTICE OF APPEARANCE by Shanna R. Torgerson on behalf of Ollie's Bargain Outlet, Inc. (Torgerson, Shanna)
March 17, 2023 Filing 8 DEMAND for Trial by Jury by Dawn Foster. (DeGasperis, John)
March 14, 2023 Filing 7 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Belnick, LLC. (Hansen, Jonathan)
March 10, 2023 Filing 6 ANSWER to Complaint of Plaintiff, CROSSCLAIM against Ollie's Bargain Outlet, Inc. by Belnick, LLC.(Hansen, Jonathan)
March 10, 2023 Filing 5 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Belnick, LLC identifying Corporate Parent Belnick Holdco, LLC for Belnick, LLC. (Hansen, Jonathan) Modified on 3/10/2023 (khr).
March 10, 2023 ***Answer due date updated for Ollie's Bargain Outlet, Inc. answer due 3/31/2023. (khr)
March 6, 2023 Filing 4 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (khr)
March 6, 2023 ***Answer due date updated for Belnick, LLC answer due 3/10/2023. (khr)
March 3, 2023 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/4/2023 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 3/28/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr)
March 3, 2023 Filing 2 AMENDED STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff(s) in NYS Supreme Court - County of Ulster. (khr)
March 3, 2023 Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - County of Ulster, case number EF2022-894 (Filing fee $402 receipt number ANYNDC-6218097 filed by Belnick, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(khr)

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Plaintiff: Dawn Foster
Represented By: John A. DeGasperis
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Defendant: Ollie's Bargain Outlet, Inc.
Represented By: Shanna R. Torgerson
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Defendant: Belnick, LLC
Represented By: Jonathan E. Hansen
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