Reed et al v. Wal-Mart Stores, East, LP
| Janet Reed and Larry Reed |
| Wal-Mart Inc., Wal-Mart Property Tax Dept. and Wal-Mart Stores East LP |
| 1:2023cv00930 |
| August 1, 2023 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| David N Hurd |
| Daniel J Stewart |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.
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Filing 28
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 10/20/2023. Deadline for completion of Mandatory Mediation is 4/15/2024. Signed by Magistrate Judge Christian F. Hummel on 9/22/2023. (tab)
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Filing 27
TEXT ORDER setting deadlines: As was directed during the 9/21/2023 Rule 16 Conference, Discovery is due by 5/15/2024, Dispositive Motions to be filed by 7/1/2024, The deadline for completion of Mandatory Mediation is 4/15/2024. Authorized by Magistrate Judge Christian F. Hummel on 9/22/2023. (tab)
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| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 9/21/2023 by telephone. Appearances by Jason Richman, Esq. for plaintiff; Carol Crummey, Esq. for Defendant. As a scheduling conference had been held in the NYSD Court, deadlines in this case will be extended and reset. The case is placed in the mandatory mediation program. (tab) |
| Filing 26 TEXT NOTICE: The Rule 16, Initial Conference in this matter is set for 9/21/2023 at 9:30 AM before Magistrate Judge Christian F. Hummel. The conference will be held by telephone. Counsel are directed to DIAL IN @ 518-217-2288 and use Conference ID 832 294 343 # to connect to the conference call. (tab) |
| Filing 25 NOTICE OF APPEARANCE by Carol E. Crummey on behalf of Wal-Mart Stores East LP (Crummey, Carol) |
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Filing 24
ORDER approving #23 Consent Notice Substituting Counsel filed by Wal-Mart Stores East LP. Attorney Michael P. Cavanagh, Esq for Wal-Mart Stores East LP, added. Signed by Magistrate Judge Christian F. Hummel on 9/6/2023. (tab)
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| Filing 23 NOTICE by Wal-Mart Stores East LP Proposed Consent Order Granting Substitution of Attorney (Cavanagh, Michael) |
| Filing 22 COURT NOTICE of Change in Conference Date/Time: Due to the reassignment of this case to Magistrate Judge Hummel and also a conflict in the Court's calendar, the Initial Conference is reset to Thursday, 9/21/2023 @ 9:30 AM before Magistrate Judge Christian F. Hummel. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/14/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The conference will be conducted by telephone. The Court will issue a separate notice setting forth the instructions to connect to the conference call in advance of the scheduled date and time.(tab) |
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Filing 21
ORDER REASSIGNING CASE. ORDERED, that the undersigned disqualifies himself from assignment to this case in accordance with General Order 12(G)(7) and 28 U.S.C. 455(a); and it is further ORDERED, that in accordance with General Order 12(G)(7), the Clerk of the Court shall reassign this case at random. Case reassigned to Magistrate Judge Christian F. Hummel for all further proceedings. Magistrate Judge Daniel J. Stewart no longer assigned to case. Signed by Magistrate Judge Daniel J. Stewart on 8/7/2023. (mgh)
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| Filing 20 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 9/6/2023 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 8/30/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (amt) [Atty O'Connor served via email] |
| Filing 19 NOTICE OF ADMISSION REQUIREMENT as to Party Wal-Mart Stores East, LP; Attorney Patricia O'Connor, Esq., Email address is pat.oconnor@brodyoconnor.com. Phone number is 631-261-7778. Admissions due by 8/15/2023. (amt) [Atty served via email] |
| Filing 18 Case transferred in from District of New York Southern; Case Number 1:23-cv-04228. electronically transferred when case opened |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of New York.(rro) [Transferred from New York Southern on 8/1/2023.] |
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Filing 17
ORDER: Accordingly, the Court respectfully directs the Clerk of Court to transfer the above-captioned case to the Northern District of New York. (Signed by Judge Paul A. Engelmayer on 7/24/2023) (rro) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 8/1/2023.]
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Filing 16
STIPULATION, IT IS HEREBY STIPULATED, by and between the undersigned counsel for plaintiffs and defendant, that WAL-MART STORES EAST, LP, a Delaware limited partnership that is a citizen of Delaware and Arkansas for the purposes of diversity jurisdiction, be substituted into the case as a defendant for and in place of defendants WAL-MART, INC. and WAL-MART PROPERTY TAX DEPT., neither of which are citizens of the states of New York or California for diversity purposes and that the caption of this action be amended to now be as further set forth in this Stipulation. SO ORDERED. (Wal-Mart Stores, East, LP added. Wal-Mart Property Tax Dept. and Wal-Mart, Inc. terminated.) (Signed by Judge Paul A. Engelmayer on 7/10/23) (yv) Modified on 7/10/2023 (yv). [Transferred from New York Southern on 8/1/2023.]
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Filing 15
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Fact Discovery, except depositions of treating physicians due by 11/6/2023. Fact Depositions due by 9/8/2023. Expert Discovery due by 12/21/2023. Counsel for the parties have conferred and their present best estimate of the length of trial is four days. (Signed by Judge Paul A. Engelmayer on 7/7/2023) (rro) [Transferred from New York Southern on 8/1/2023.]
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| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by Wal-Mart, Inc...(O'Connor, Patricia) [Transferred from New York Southern on 8/1/2023.] |
| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by Wal-Mart, Inc...(O'Connor, Patricia) [Transferred from New York Southern on 8/1/2023.] |
| Filing 12 LETTER addressed to Judge Paul A. Engelmayer from Patricia O'Connor dated July 6, 2023 re: joint submission re litigation. Document filed by Wal-Mart, Inc...(O'Connor, Patricia) [Transferred from New York Southern on 8/1/2023.] |
| Filing 11 PROPOSED CASE MANAGEMENT PLAN. Document filed by Wal-Mart, Inc...(O'Connor, Patricia) [Transferred from New York Southern on 8/1/2023.] |
| Filing 10 AFFIDAVIT OF SERVICE of Dkts 4, 5, and 6 served on Brandon J. Broderick, Esq., LLC on May 22 and May 23, 2023. Service was made by mail. Document filed by Wal-Mart, Inc...(O'Connor, Patricia) [Transferred from New York Southern on 8/1/2023.] |
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Filing 9
ORDER: On May 23, 2023, the Court ordered defendants to file proof that it served plaintiff with the Court's order scheduling a conference, Dkt. 5, and to file a letter providing certain information as to the nature of this removed case. Defendants filed the letter on the docket the same day, Dkt. 6, but have not filed proof that they served plaintiffs with that letter. The Court orders defendants, by June 23, 2023, to file proof of service of the notice of removal, Dkt. 4, the Court's May 23, 2023 order, Dkt. 5, and defendants' letter, Dkt. 6, on the docket of the above-captioned case. SO ORDERED., ( Service due by 6/23/2023.) (Signed by Judge Paul A. Engelmayer on 6/20/2023) (ama) [Transferred from New York Southern on 8/1/2023.]
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| Filing 8 DEMAND for Trial by Jury. Document filed by Janet Reed, Larry Reed.(Richman, Jason) [Transferred from New York Southern on 8/1/2023.] |
| Filing 7 NOTICE OF APPEARANCE by Jason Alexander Richman on behalf of Janet Reed, Larry Reed..(Richman, Jason) [Transferred from New York Southern on 8/1/2023.] |
| Filing 6 LETTER addressed to Judge Paul A. Engelmayer from Patricia O'Connor dated May 23, 2023 re: response to court order. Document filed by Wal-Mart, Inc...(O'Connor, Patricia) [Transferred from New York Southern on 8/1/2023.] |
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/7/2023 at 11:00 AM before Judge Paul A. Engelmayer. This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/23/2023) (vfr) [Transferred from New York Southern on 8/1/2023.]
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) [Transferred from New York Southern on 8/1/2023.] |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) [Transferred from New York Southern on 8/1/2023.] |
| Case Designated ECF. (jgo) [Transferred from New York Southern on 8/1/2023.] |
| Filing 4 NOTICE OF REMOVAL from Supreme, County of Bronx. Case Number: 805144/2023E. (Filing Fee $ 402.00, Receipt Number ANYSDC-27769178).Document filed by Wal-Mart Property Tax Dept., Wal-Mart, Inc.. (Attachments: #1 Exhibit Ex. A - Pleadings, #2 Exhibit Ex. A - Pleadings, #3 Exhibit Ex. B - Combined Demands).(O'Connor, Patricia) [Transferred from New York Southern on 8/1/2023.] |
| Filing 3 DEMAND for Trial by Jury. Document filed by Wal-Mart Property Tax Dept., Wal-Mart, Inc..(O'Connor, Patricia) [Transferred from New York Southern on 8/1/2023.] |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Wal-Mart Stores, Inc., Other Affiliate Wal-Mart De Mexico, Other Affiliate Seiyu for Wal-Mart Property Tax Dept., Wal-Mart, Inc.. Document filed by Wal-Mart Property Tax Dept., Wal-Mart, Inc...(O'Connor, Patricia) [Transferred from New York Southern on 8/1/2023.] |
| Filing 1 CIVIL COVER SHEET filed..(O'Connor, Patricia) [Transferred from New York Southern on 8/1/2023.] |
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