McCullough v. Speedway LLC
Plaintiff: Debra McCullough
Defendant: Speedway LLC
Not Classified By Court: James Hacker
Case Number: 3:2023cv00781
Filed: June 28, 2023
Court: US District Court for the Northern District of New York
Presiding Judge: Miroslav Lovric
Referring Judge: Thomas J McAvoy
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Personal Injury
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2023 Filing 15 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that James E. Hacker has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Brittany Hannah, Esq. and John Perticone, Esq.. Dated: 08/16/2023(Hannah, Brittany)
August 3, 2023 CLERK'S CORRECTION OF DOCKET ENTRY : Clerk replaced the Uniform Pretrial Scheduling Order to reflect the correct Expert deadlines. Clerk also replaced the Order referring case to mandatory mediation to reflect Magistrate Judge Miroslav Lovric's signature. (jdc )
August 2, 2023 Opinion or Order Filing 14 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 8/30/2023. Deadline for completion of Mandatory Mediation is 3/29/2024. Signed by Magistrate Judge Miroslav Lovric on 8/2/2023. (jdc ) (Main Document 14 replaced on 8/3/2023) (jdc, ).
August 2, 2023 Opinion or Order Filing 13 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 3-5. Preferred Trial Location: Binghamton. Joinder of Parties due by 10/2/2023. Amended Pleadings due by 10/2/2023. Discovery due by 6/27/2024. Plaintiffs Expert Disclosure Deadline is 3/29/2024. Defendants Expert Disclosure Deadline is 5/13/2024. Rebuttal Expert Disclosure Deadline is 5/28/2023. Motions to be filed by 8/26/2024. Signed by Magistrate Judge Miroslav Lovric on 8/2/2023. (jdc ) (Main Document 13 replaced on 8/3/2023) (jdc ).
August 2, 2023 Opinion or Order Filing 12 TEXT ORDER: On or before 10/31/2023, the parties shall file status reports regarding the progress of the litigation. A telephone conference is scheduled for 11/8/2023 at 11:00 a.m. The Courtroom Deputy will provide counsel with a Teams invite that contains the call-in information. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/2/2023.(jdc )
August 2, 2023 Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an initial conference was held on 8/2/2023. Pretrial deadlines were discussed and set. A telephone conference is scheduled for 11/8/2023 at 11:00 a.m. Appearances: J. Perticone, Esq. for the Plaintiff and B. Hannah, Esq. for the Defendant. (jdc )
July 24, 2023 Filing 11 CIVIL CASE MANAGEMENT PLAN by Speedway LLC. (Hannah, Brittany)
July 11, 2023 Filing 10 NOTICE OF APPEARANCE by John L. Perticone on behalf of All Plaintiffs (Perticone, John)
July 10, 2023 TEXT NOTICE: The Initial Conference scheduled for 8/2/2023 at 10:00AM before Magistrate Judge Miroslav Lovric, via Microsoft Teams. The Courtroom Deputy will send a teams link to the parties to participate. (jdc)
June 29, 2023 Filing 9 CERTIFICATE OF SERVICE by Speedway LLC re #1 Notice of Removal,, #4 FRCP 7.1 Corporate Disclosure Statement, (Hannah, Brittany)
June 29, 2023 Filing 8 CERTIFICATE OF SERVICE by Speedway LLC re #7 Jury Demand (Hannah, Brittany)
June 29, 2023 Filing 7 DEMAND for Trial by Jury by Speedway LLC. (Hannah, Brittany)
June 28, 2023 Filing 6 NOTICE OF ADMISSION REQUIREMENT as to Party Debra McCullough; Attorney Kevin T. Williams, Email address is kwilliams@lgtlegal.com. Phone number is 607-763-9200. Admissions due by 7/12/2023. (ztc)
June 28, 2023 Filing 5 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 8/2/2023 10:00 AM 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 7/26/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc)
June 28, 2023 Filing 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT filed by Speedway LLC identifying Corporate Parent 7-Eleven, Inc., Corporate Parent Seven & i Holdings Co., Ltd., Corporate Parent SEI Speedway Holdings, LLC, Corporate Parent SEJ Asset Management & Investment Company, Inc., Corporate Parent Seven-Eleven Japan Co., Ltd., Corporate Parent 7&i for Speedway LLC. (ztc)
June 28, 2023 Filing 3 STATE COURT ANSWER to #2 State Court Complaint filed by Speedway LLC in NYS Supreme Court Broome County.(ztc)
June 28, 2023 Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff in NYS Supreme Court Broome County. (ztc)
June 28, 2023 Filing 1 NOTICE OF REMOVAL from NYS Supreme Court Broome County, case number EFCA2023001022 (Filing fee $402 receipt number ANYNDC-6350939) filed by Speedway LLC. (Attachments: #1 Exhibit A: Index of Attached Exhibits, #2 Exhibit B: State Court Summons and Complaint, #3 Exhibit C: State Court Answer, #4 Exhibit D: Speedway LLCs Request for Supplemental Demand for Relief, #5 Exhibit E: Plaintiffs Response to Defendants Request for Supplemental Demand for Relief, #6 Civil Cover Sheet)(ztc)

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Plaintiff: Debra McCullough
Represented By: John L. Perticone
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Defendant: Speedway LLC
Represented By: Brittany Lee Hannah
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Not classified by court: James Hacker
Represented By: James E. Hacker
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