Tomasino v. Walmart, Inc.
Plaintiff: Michael Tomasino
Defendant: Walmart, Inc.
Case Number: 5:2019cv01342
Filed: October 31, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Therese Wiley Dancks
Referring Judge: David N Hurd
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal- Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2019 Opinion or Order Filing 14 ORDER REFERRING CASE to Mandatory Mediation: Deadline for Mediator Selection is 1/2/2020. Deadline for completion of Mandatory Mediation is 4/3/2020. Signed by Magistrate Judge Therese Wiley Dancks on 12/5/2019. (sg )
December 5, 2019 Opinion or Order Filing 13 UNIFORM PRETRIAL SCHEDULING ORDER: Joinder of Parties due by 1/15/2020. Amended Pleadings due by 2/28/2020. Mandatory Mediation to be completed by 4/3/2020. Discovery due by 7/30/2020. Discovery motions due 8/6/2020. Dispositive Motions to be filed by 9/30/2020. Anticipated length of trial: 4 days. Trial Location: Utica NY. Signed by Magistrate Judge Therese Wiley Dancks on 12/5/2019. (sg )
December 5, 2019 TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 3/5/2020 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Defendant counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all counsel are on the line. (sg)
December 4, 2019 Filing 12 NOTICE of Appearance by Dylan S. Gallagher on behalf of Walmart, Inc. (Gallagher, Dylan)
December 4, 2019 TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 12/4/2019. Appearances: David Zukher, Esq. for Plaintiff; Dylan Gallagher, Esq. for Defendant. Court reviews Civil Case Management Plan. Rule 26 Mandatory Disclosures complete. Written discovery completed in the state court action. Plaintiff to provide medical authorizations to defendant by 12/23/2019. Plaintiff to file status report with dates of depositions and parties being deposed by 1/6/2020. Case referred into Mandatory Mediation. Pretrial deadlines are established, a scheduling order and mediation referral order will be issued. (Digitally Recorded)) (sg)
December 3, 2019 Filing 11 CIVIL CASE MANAGEMENT PLAN by Walmart, Inc.. (Cavanagh, Michael)
November 28, 2019 Filing 10 CIVIL CASE MANAGEMENT PLAN by Michael Tomasino. (Zukher, David)
November 27, 2019 Opinion or Order Filing 9 TEXT ORDER: granting #7 Letter Request. The Civil Case Management Plan must be filed by 12/2/2019. The telephone Rule 16 Conference is RESCHEDULED to 12/4/2019 at 11:30 AM before Magistrate Judge Therese Wiley Dancks. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/27/2019. (nmk)
November 27, 2019 Filing 8 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Walmart, Inc. identifying Corporate Parent Wal-Mart Stores, Inc., Corporate Parent Wal-Mart De Mexico, Corporate Parent SEIYU for Walmart, Inc... (Cavanagh, Michael)
November 27, 2019 Filing 7 Letter Motion from Michael P. Cavanagh, Esq. for Walmart, Inc. requesting adjournment of Rule 26 conference scheduled for Monday, December 2, 2019 at 10:00 a.m. submitted to Judge Therese Wiley Dancks . (Cavanagh, Michael)
November 26, 2019 Opinion or Order Filing 6 TEXT ORDER: Court has reviewed the docket in advance of the 12/2/2019 telephone Rule 16 Conference and finds that the Civil Case Management Plan, due to be filed with the Court by 11/25/2019, has not been filed nor has any party requested an extension of time to do so. Court sua sponte extends deadline. Civil Case Management Plan must be filed NO LATER THAN 4:00PM on 11/27/2019. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/26/2019. (sg)
November 12, 2019 Filing 5 CERTIFICATE OF SERVICE by Walmart, Inc. re #3 G.O. 25 Filing Order, (Cavanagh, Michael)
November 12, 2019 Filing 4 CERTIFICATE OF SERVICE by Walmart, Inc. re #1 Notice of Removal, (Cavanagh, Michael)
October 31, 2019 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 12/2/2019 at 10:00 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/25/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr)
October 31, 2019 Filing 2 STATE COURT COMPLAINT with Jury Demand relating to #1 Notice of Removal. (hmr)
October 31, 2019 Filing 1 NOTICE OF REMOVAL from Oswego County Supreme Court, case number 2019-0892 (Filing fee $400 receipt number ANYNDC-4927546) filed by Walmart, Inc.. (Attachments: #1 Exhibit A - Summons and Verified Complaint, #2 Exhibit B - Verified Answer, #3 Exhibit C - Request for Supplemental Demand for Damages, #4 Exhibit D - Response to Request for Supplemental Demand for Damages and Affidavit, #5 Cover Letter, #6 Civil Cover Sheet)(hmr)

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Defendant: Walmart, Inc.
Represented By: Michael P. Cavanagh
Represented By: Dylan S. Gallagher
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Plaintiff: Michael Tomasino
Represented By: David E. Zukher
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