State Farm Fire and Casualty Company v. Walmart, Inc.
Plaintiff: State Farm Fire and Casualty Company
Defendant: Walmart, Inc. doing business as Walmart
Case Number: 3:2021cv01341
Filed: December 15, 2021
Court: US District Court for the Northern District of New York
Presiding Judge: Therese Wiley Dancks
Referring Judge: Miroslav Lovric
2 Judge: Thomas J McAvoy
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 21, 2022 Opinion or Order Filing 18 Stipulation and Order for jury trial. Signed by Magistrate Judge Therese Wiley Dancks on 1/21/2022. (sg)
January 19, 2022 Filing 17 STIPULATION re #16 Jury Demand /Jury Trial by Walmart, Inc. submitted to Judge Thomas J. McAvoy. (Attachments: #1 Correspondence to Court Clerk)(Cavanagh, Michael)
January 19, 2022 Filing 16 DEMAND for Trial by Jury by Walmart, Inc.. (Attachments: #1 Correspondence to Court Clerk)(Cavanagh, Michael)
January 13, 2022 Opinion or Order Filing 15 TEXT ORDER : Defendant to submit a stipulated demand for trial by jury by 1/21/2022. Electronic signatures on such stipulation are acceptable. If the parties are unable to stipulate, Defendant shall file a request for trial by jury by 1/21/2022 and Plaintiff's response shall be filed by 1/28/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/13/2022. (sg)
January 12, 2022 Opinion or Order Filing 14 ORDER REFERRING CASE to Mandatory Mediation: Deadline for Mediator Selection is 5/31/2022. Deadline for completion of Mandatory Mediation is 9/15/2022. Signed by Magistrate Judge Therese Wiley Dancks on 1/12/2022. (sg )
January 12, 2022 Opinion or Order Filing 13 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days. Preferred Trial Location: Binghamton NY. Joinder of Parties due by 4/29/2022. Amended Pleadings due by 4/29/2022. Plaintiffs Expert Disclosure Deadline is 9/21/2022. Defendants Expert Disclosure Deadline is 11/14/2022. Rebuttal Expert Disclosure Deadline is 11/29/2022. Discovery due by 12/30/2022. Discovery Motions due 1/13/2023. Dispositive Motions to be filed by 3/3/2023. Mandatory Mediation to be completed by 9/15/2022. Signed by Magistrate Judge Therese Wiley Dancks on 1/12/2022. (sg )
January 12, 2022 Opinion or Order Filing 12 TEXT ORDER TO STRIKE Dkt. No. #11 Rule 26 Mandatory Disclosures filed by Walmart, Inc.: Pursuant to Local Rule 26.2, the Court does not accept the filing of discovery materials, such as Rule 26 Mandatory Disclosures, unless the Court specifically directs such documents be filed or when submitted in support of a motion filed pursuant to Rule 37 of the Federal Rules of Civil Procedure. Since the Court has not directed the filing of the discovery in this action nor is the submission in support of a motion filed pursuant to Rule 37, Dkt. 11 will be stricken from the docket and not considered by the Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/12/2022. (sg)
January 12, 2022 TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 1/12/2022. Appearances: Thomas Givas, Esq. for Plaintiff; Michael Cavanaugh, Esq. for Defendant. Court reviews Civil Case Management Plan. Rule 26(a)(1) Mandatory Disclosures completed by all parties. Plaintiff anticipates amending complaint. Court instructs parties re: submitting stipulation to trial by jury for Court approval. Case referred into Mandatory Mediation. Pretrial deadlines are established, a scheduling order and mediation referral order will be issued. (sg)
January 12, 2022 TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 5/16/2022 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 8624.(sg)
January 5, 2022 Filing 11 ***STRICKEN pursuant to the 1/12/2022 Text Order of Magistrate Judge Therese Wiley Dancks***DEFENDANTS RULE 26 DISCLOSURE filed by Walmart, Inc. (Cavanagh, Michael) Modified on 1/5/2022 to update docket text. (ztc, ). Modified on 1/12/2022 (sg, ).
January 5, 2022 Filing 10 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by State Farm Fire and Casualty Company identifying Corporate Parent State Farm Mutual Automobile Insurance Company for State Farm Fire and Casualty Company.. (Givas, Thomas)
January 5, 2022 Filing 9 CIVIL CASE MANAGEMENT PLAN by State Farm Fire and Casualty Company. (Givas, Thomas)
January 5, 2022 CLERK'S CORRECTION OF DOCKET ENTRY re #11 Defendant's Rule 26 Disclosure, Clerk updated docket text to better reflect what the document is. (ztc, )
December 16, 2021 Filing 8 CERTIFICATE OF SERVICE by Walmart, Inc. re #3 Answer to Complaint, #1 Notice of Removal, #2 State Court Complaint (Cavanagh, Michael)
December 16, 2021 Filing 7 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Walmart, Inc.. (Cavanagh, Michael)
December 16, 2021 Opinion or Order Filing 6 TEXT ORDER RESCHEDULING INITIAL CONFERENCE: Case has recently been reassigned to Magistrate Judge Dancks. The telephone Rule 16 Conference has been RESCHEDULED for 1/12/2022 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 5844. Civil Case Management Plan must be filed NO LATER THAN 1/5/2022 and Mandatory Disclosures are to be exchanged by the parties on or before 1/5/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/16/2021. (sg)
December 16, 2021 Opinion or Order Filing 5 TEXT ORDER OF RECUSAL. Magistrate Judge Miroslav Lovric recused. Case reassigned to Magistrate Judge Therese Wiley Dancks for all further proceedings. Authorized by Magistrate Judge Miroslav Lovric on 12/16/2021. (jdp )
December 15, 2021 Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 1/19/2022 02:30 PM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/12/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc, )
December 15, 2021 Filing 3 STATE COURT ANSWER to #2 State Court Complaint filed by Walmart, Inc. in NYS Supreme Court, Broome County. (ztc, )
December 15, 2021 Filing 2 STATE COURT SUMMONS AND COMPLAINT filed by Plaintiff in NYS Supreme Court, Broome County. (ztc, )
December 15, 2021 Filing 1 NOTICE OF REMOVAL from NYS Supreme Court, Broome County, case number EFCA2021002522 (Filing fee $402 receipt number ANYNDC-5743690) filed by Walmart, Inc. (Attachments: #1 Exhibit A- State Court Summons and Complaint, #2 Exhibit B- State Court Answer, #3 Civil Cover Sheet)(ztc, )

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Plaintiff: State Farm Fire and Casualty Company
Represented By: Thomas P. Givas
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Defendant: Walmart, Inc. doing business as Walmart
Represented By: Michael P. Cavanagh
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