Arnold v. Toyota Material Handling, Inc.
Plaintiff: Cameron Arnold
Defendant: Toyota Material Handling, Inc.
Case Number: 5:2021cv00640
Filed: June 2, 2021
Court: US District Court for the Northern District of New York
Presiding Judge: Therese Wiley Dancks
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 February 10, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 16, 2021 Opinion or Order Filing 14 REPLY to Response to Motion re #12 Cross MOTION to Amend the Complaint filed by Cameron Arnold. Reply Attorney Affirmation filed by Cameron Arnold. (Viscelli, Stephanie) Modified on 7/16/2021 to correct the docket text(gmd).
July 16, 2021 Opinion or Order CLERK'S CORRECTION OF DOCKET ENTRY the clerk has modified docket entry #12 Cross Motion Entry to correct the relief type from Dismiss for Failure to State a Claim to Amend the Complaint (gmd)
July 13, 2021 Opinion or Order Filing 13 RESPONSE in Opposition re #12 Cross MOTION to Amend Complaint filed by Cameron Arnold. filed by Toyota Material Handling, Inc.. (Attachments: #1 Exhibit(s) Ex A Forklift Order Specifications, #2 Exhibit(s) Ex B Operator's and Owner's Manual, #3 Exhibit(s) Ex C OSHA Safety Narrative, #4 Exhibit(s) Ex D OSHA Citations)(Lane, Thomas) Modified on 7/16/2021 to correct text(gmd, ).
June 22, 2021 Opinion or Order Filing 12 Cross MOTION to Amend the Complaint filed by Cameron Arnold. Response to Motion due by 7/13/2021. Reply to Response to Motion due by 7/20/2021 (Attachments: #1 Declaration, #2 Memorandum of Law, #3 Exhibit(s) A, #4 Exhibit(s) B, #5 Exhibit(s) C, #6 Exhibit(s) D, #7 Exhibit(s) E) (Viscelli, Stephanie) Modified on 7/16/2021 To correct the relief type from Dismiss for Failure to State a Claim to Amend the Complaint(gmd).
June 21, 2021 Opinion or Order Filing 11 TEXT ORDER granting #9 Motion for Limited Admission Pro Hac Vice of Brooke Rogers, Esq. for Defendant. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/21/2021. (sg)
June 21, 2021 Opinion or Order Filing 10 TEXT ORDER granting #8 Motion for Limited Admission Pro Hac Vice of Anthony Monaco, Esq. for Defendant. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/21/2021. (sg)
June 18, 2021 Opinion or Order Filing 9 MOTION for Limited Admission Pro Hac Vice of Brooke M. Rogers Filing fee $100, receipt number ANYNDC-5560016. (Attachments: #1 Declaration of Thomas S. Lane in support, #2 Exhibit(s) A-Brooke M. Rogers Certificate of Good Standing, Petition and new attorney e-filing form) Motions referred to Therese Wiley Dancks. (Lane, Thomas)
June 18, 2021 Opinion or Order Filing 8 MOTION for Limited Admission Pro Hac Vice of Anthony J. Monaco Filing fee $100, receipt number ANYNDC-5560013. (Attachments: #1 Declaration of Thomas S. Lane in support, #2 Exhibit(s) A- Anthony J. Monaco Certificate of Good Standing, Petition and new attorney e-filing form) Motions referred to Therese Wiley Dancks. (Lane, Thomas)
June 15, 2021 Opinion or Order Filing 7 TEXT ORDER: In light of the filing of the #5 Motion to Dismiss, the 7/8/2021 Rule 16 Initial Conference and the associated deadlines of exchange of Rule 26 Disclosures and filing the Civil Case Management Plan are ADJOURNED without new date at this time. The conference will be rescheduled, if necessary, once a decision on the motion has been issued by the District Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/14/2021. (sg)
June 10, 2021 Opinion or Order Filing 6 NOTICE OF ADMISSION REQUIREMENT: as to Party Defendant; Attorneys: Anthony J. Monaco, Esq., and Brooke M. Rogers, Esq., Email address is amonaco@smbtrials.com and bmrogers@smbtrials.com. Phone number is (312) 321-9100. Admissions due by 6/24/2021. {Copy sent to Attorneys Monaco and Rogers by email} (jmb)
June 9, 2021 Opinion or Order Filing 5 MOTION to Dismiss for Failure to State a Claim filed by Toyota Material Handling, Inc.(As Successor of Toyota Industrial Equipment MFG., Inc.). Motion returnable before Judge Hon. Thomas J. McAvoy Response to Motion due by 6/30/2021. Reply to Response to Motion due by 7/7/2021 (Attachments: #1 Declaration of Thomas S. Lane, #2 Memorandum of Law) (Lane, Thomas)
June 3, 2021 Opinion or Order Filing 4 DEMAND for Trial by Jury by Toyota Industrial Equipment Manufacturing, Inc., Toyota Material Handling, Inc.. (Lane, Thomas)
June 3, 2021 Opinion or Order ***Answer due date updated for Toyota Material Handling, Inc. and Toyota Material Handling, Inc.(As Successor of Toyota Industrial Equipment MFG., Inc.): answer due 6/9/2021. (sg)
June 2, 2021 Opinion or Order Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference by Telephone set for 7/8/2021 at 10:00 AM 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 7/1/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (map)
June 2, 2021 Opinion or Order Filing 2 STATE COURT SUMMONSES AND VERIFIED COMPLAINT filed by Toyota Material Handling, Inc., Toyota Material Handling, Inc.. (map)
June 2, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL from State of New York Supreme Court: County of Jefferson, case number EF2021-00000764 (Filing fee $402 receipt number ANYNDC-5541847) filed by Toyota Material Handling, Inc., Toyota Material Handling, Inc., (Attachments: #1 Exhibit A: Email Correspondence Requesting Inforamtion and Documentation, #2 Exhibit B: State of New York Supreme Court: Jefferson County - Verified Complaint, Summonses, Notice of Electronic Filing, and Proof of Service, #3 Certificate of Compliance With 28 U.S.C. 1446(d), #4 Civil Cover Sheet)(map)

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Plaintiff: Cameron Arnold
Represented By: Stephanie Viscelli
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Defendant: Toyota Material Handling, Inc.
Represented By: Thomas S. Lane
Represented By: Anthony Monaco
Represented By: Brooke Rogers
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