Gaffield v. Wal-Mart Stores East, LP

Gaffield v. Wal-Mart Stores East, LP

Case Number:	5:2005cv00936
Filed:	July 26, 2005
Court:	US District Court for the Northern District of New York
Office:	Syracuse Office
Presiding Judge:	George H. Lowe
Presiding Judge:	Frederick J. Scullin
Nature of Suit:	Personal Inj. Prod. Liability
Cause of Action:	28 U.S.C. § 1441 Petition for Removal- Product Liability
Jury Demanded By:	Defendant

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Date Filed	Document Text
July 1, 2009	Filing 49 ORDER/JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: The action is dismissed without prejudice and that the Court will retain jurisdiction to vacate this order and reopen the action for good cause shown that the settlement was not consummated and further litigation is necessary, upon a motion by any party within 60 days from the date of this order. Signed by Senior Judge Frederick J. Scullin, Jr on 7/1/09. (dmf)
March 31, 2009	Filing 45 MEMORANDUM DECISION AND ORDER: Magistrate Judge Lowe's 42 Report and Recommendation is ADOPTED in its entirety. Plaintiff's 37 Motion for spoliation sanctions is DENIED. Third-Party Defendant Shen Zhen Bo An Bike Co., Ltd's 36 M otion for spoliation sanctions is GRANTED and Defendant/Third-Party Plaintiff Wal-Mart Stores East LP, shall pay all expert fees incurred by Third-Party Defendant Shen Zhen Bo An Bike Co., Ltd. for the services to date of Karl E. J. Barton. This matter is remanded to Magistrate Lowe for all further pretrial proceedings. Signed by Senior Judge Frederick J. Scullin, Jr on 3/31/09. (dmf)

Date Filed

Document Text

July 1, 2009

Filing 49 ORDER/JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: The action is dismissed without prejudice and that the Court will retain jurisdiction to vacate this order and reopen the action for good cause shown that the settlement was not consummated and further litigation is necessary, upon a motion by any party within 60 days from the date of this order. Signed by Senior Judge Frederick J. Scullin, Jr on 7/1/09. (dmf)

March 31, 2009

Filing 45 MEMORANDUM DECISION AND ORDER: Magistrate Judge Lowe's 42 Report and Recommendation is ADOPTED in its entirety. Plaintiff's 37 Motion for spoliation sanctions is DENIED. Third-Party Defendant Shen Zhen Bo An Bike Co., Ltd's 36 M otion for spoliation sanctions is GRANTED and Defendant/Third-Party Plaintiff Wal-Mart Stores East LP, shall pay all expert fees incurred by Third-Party Defendant Shen Zhen Bo An Bike Co., Ltd. for the services to date of Karl E. J. Barton. This matter is remanded to Magistrate Lowe for all further pretrial proceedings. Signed by Senior Judge Frederick J. Scullin, Jr on 3/31/09. (dmf)

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