Topalovic et al v. System Freight, Inc. et al
| Stojan Topalovic and Begija Topalovic |
| System Freight, Inc., Rite-Hite Corporation doing business as Rite-Hite Company, LLC, Rite-Hite Aftermarket Corporation doing business as Rite-Hite Engineered Solutions Group, Inc., Rite-Hite Products Corporation, Westrock Company Individually doing business as Westrock-Solvay, LLC doing business as RockTenn-Solvay, LLC doing business as West Paperboard Milll, West-Solvay, LLC Individually doing business as Westrock Paperboard Mill, RockTenn-Solvay, LLC Individually doing business as Westrock Paperboard Milll, ABC Corporations, DEF Corporations and Westrock-Solvay, LLC doing business as Westrock Paperboard Mill |
| Westrock-Solvay, LLC |
| Rite-Hite Aftermarket Corporation, Rite-Hite Corporation, RockTenn-Solvay, LLC and Westrock Company |
| 5:2021cv01155 |
| October 22, 2021 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Lawrence E Kahn |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Defendant |
Docket Report
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Filing 20
STIPULATION AND ORDER of voluntary dismissal without prejudice as to RockTenn-Solvay, LLC & Westrock Company. Parties terminated. Signed by Senior Judge Lawrence E. Kahn on December 15, 2021. (sas)
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| Filing 19 STIPULATION of Dismissal partial (as to RockTenn-Solvay, LLC and Westrock Company only and without prejudice) by RockTenn-Solvay, LLC, Westrock Company submitted to Judge Therese Wiley Dancks. (D'Agostino, Mary) |
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Filing 18
TEXT ORDER: Court has reviewed docket and plaintiffs' status report filed at Dkt. #17 , and finds that the Rite Hite defendants appear to be in default. Plaintiffs to file request for clerk's entry of default by 12/30/2021 if the Rite Hite defendants have not appeared by that date. The telephone Rule 16 Conference and associated deadlines will be rescheduled by separate text notice. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/29/2021. (sg)
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| TEXT NOTICE -Rescheduling of Rule 16 Initial Conference: the telephone Initial Conference has been rescheduled for 1/18/2022 at 1:00 PM 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 4523. Court notes Civil Case Management Plan has already been filed (Dkt. No. #14 ). Any update to the Civil Case Management Plan must be filed NO LATER THAN 1/11/2022 and Mandatory Disclosures are to be exchanged by the parties on or before 1/11/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sg) |
| Filing 17 STATUS REPORT by Stojan Topalovic. (Attachments: #1 Exhibit(s) A)(Pomeroy, Jeffrey) |
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Filing 16
TEXT ORDER: Court reviewed docket and notes that the Rite Hite defendants have not yet appeared in the action. Therefore, plaintiffs are directed to file a status report by 11/29/2021 regarding any contact with the Rite Hite defendants. The Rule 16 conference and related deadlines are adjourned and will be reset in due course. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/19/2021. (sg)
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| Filing 15 Westrock Defendants ANSWER to #11 Answer to Complaint,, Crossclaim, of System Freight, Inc. by RockTenn-Solvay, LLC, Westrock Company, Westrock-Solvay, LLC.(Poplawski, Ryan) |
| Filing 14 CIVIL CASE MANAGEMENT PLAN (proposed with consent of counsel for plaintiff and System Freight) by RockTenn-Solvay, LLC, Westrock Company, Westrock-Solvay, LLC. (D'Agostino, Mary) |
| Filing 13 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by RockTenn-Solvay, LLC, Westrock Company, Westrock-Solvay, LLC identifying Corporate Parent Westrock Company for Westrock Company, Westrock Company, Westrock Company; Other Affiliate Westrock-Solvay, LLC for Westrock-Solvay, LLC, Westrock-Solvay, LLC, Westrock-Solvay, LLC; Other Affiliate RockTenn-Solvay, LLC for RockTenn-Solvay, LLC, RockTenn-Solvay, LLC, RockTenn-Solvay, LLC.. (D'Agostino, Mary) |
| CLERK'S CORRECTION OF DOCKET ENTRY: Clerk corrected defendants name from West-Solvay, LLC to Westrock-Solvay, LLC to accurately reflect the #1 Complaint caption. (gmd, ) |
| ***Answer due date updated for RockTenn-Solvay, LLC answer due 11/18/2021; West-Solvay, LLC answer due 11/18/2021; Westrock Company answer due 11/18/2021. (khr) |
| ***Answer due date updated for Rite-Hite Aftermarket Corporation answer due 11/18/2021; Rite-Hite Corporation answer due 11/18/2021; Rite-Hite Products Corporation answer due 11/18/2021 as to cross-claims. (jel, ) |
| Filing 12 Westrock Defendants ANSWER to Complaint , CROSSCLAIM against ABC Corporations, DEF Corporations, Rite-Hite Aftermarket Corporation, Rite-Hite Corporation, Rite-Hite Products Corporation, System Freight, Inc. by Westrock Company, West-Solvay, LLC, RockTenn-Solvay, LLC.(Poplawski, Ryan) |
| Filing 11 System Freight's ANSWER to Complaint , CROSSCLAIM against ABC Corporations, DEF Corporations, Rite-Hite Aftermarket Corporation, Rite-Hite Corporation, Rite-Hite Products Corporation, RockTenn-Solvay, LLC, West-Solvay, LLC, Westrock Company by System Freight, Inc.. (Attachments: #1 Rule 7.1 Corporate Disclosure)(Long, James) |
| Filing 10 AFFIDAVIT of Service for Notice of Removal and General Order #25 served on Jeffrey Pomeroy and James Long on 10/25/21, filed by RockTenn-Solvay, LLC, West-Solvay, LLC, Westrock Company. (Poplawski, Ryan) (Main Document 10 replaced on 10/27/2021) (khr, ). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #10 Affidavit of Service. Replaced document to reflect the correct date. (khr) |
| Filing 9 AFFIDAVIT of Service for Summons and Complaint served on RockTenn-Solvay, LLC on September 30, 2021, filed by Stojan Topalovic. (Pomeroy, Jeffrey) |
| Filing 8 AFFIDAVIT of Service for Summons and Complaint served on Westrock Company on September 30, 2021, filed by Stojan Topalovic. (Pomeroy, Jeffrey) |
| Filing 7 AFFIDAVIT of Service for Summons and Complaint served on Rite-Hite Products Corp. on October 4, 2021, filed by Stojan Topalovic. (Pomeroy, Jeffrey) |
| Filing 6 AFFIDAVIT of Service for Summons and Complaint served on Rite-Hite Aftermarket Corp. on October 4, 2021, filed by Stojan Topalovic. (Pomeroy, Jeffrey) |
| Filing 5 AFFIDAVIT of Service for Summons and Complaint served on Rite-Hite Corporation on October 4, 2021, filed by Stojan Topalovic. (Pomeroy, Jeffrey) |
| Filing 4 AFFIDAVIT of Service for Summons and Complaint served on System Freight, Inc. on September 27, 2021, filed by Stojan Topalovic. (Pomeroy, Jeffrey) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/29/2021 11:00 AM before Magistrate Judge Therese Wiley Dancks. All conferences are conducted by telephone. Plaintiff's attorney will initiate the call (unless the Court directs differently) and shall contact Judge Dancks' Chambers at 315-234-8618 (a dedicated line solely for telephone conferences) once all parties are on the line. Counsel may use a teleconferencing service for assistance initiating conference calls to the Court. For cases involving pro se parties, the Court will initiate the call for the Rule 16 Conference. Pro se parties are instructed to provide the Court with a telephone number where they may be reached for a conference call. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/22/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) Modified on 10/22/2021 (sg, ). |
| TEXT NOTICE: Although the plaintiff herein has named ABC and DEF Corporations in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a ABC and DEF Corporations at this time. In the event plaintiff wishes to pursue the claims against these defendants, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the ABC and DEF Corporations, plaintiff may seek to amend the pleading to add the properly named defendants pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (khr) |
| ***Answer due date updated for Rite-Hite Aftermarket Corporation answer due 10/28/2021; Rite-Hite Corporation answer due 10/28/2021; Rite-Hite Products Corporation answer due 10/28/2021; RockTenn-Solvay, LLC answer due 10/28/2021; System Freight, Inc. answer due 10/28/2021; West-Solvay, LLC answer due 10/28/2021; Westrock Company answer due 10/28/2021. (khr) |
| Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal. (khr) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - Onondaga County, case number 007797/2021 (Filing fee $402 receipt number ANYNDC-5689227) filed by Westrock Company, West-Solvay, LLC, RockTenn-Solvay, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(khr) |
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