Fish v. Oshkosh Defense, LLC et al
| Nancy Fish |
| Oshkosh Defense, LLC, Oshkosh Corporation and Kalyn Siebert |
| 5:2022cv00707 |
| July 5, 2022 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Glenn T Suddaby |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on August 31, 2022. A more recent docket listing may be available from PACER.
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Filing 20
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 9/28/2022. Deadline for completion of Mandatory Mediation is 8/1/2023. Signed by Magistrate Judge Miroslav Lovric on 8/31/2022. (jdp )
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Filing 19
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 10. Preferred Trial Location: Albany. Joinder of Parties due by 10/31/2022. Amended Pleadings due by 10/31/2022. Discovery due by 8/1/2023. Plaintiffs Expert Disclosure Deadline is 5/3/2023. Defendants Expert Disclosure Deadline is 6/19/2023. Rebuttal Expert Disclosure Deadline is 7/3/2023. Motions to be filed by 10/6/2023. Signed by Magistrate Judge Miroslav Lovric on 8/31/2022. (jdp )
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Filing 18
TEXT ORDER: On or before 11/14/2022, the parties shall file status reports regarding the progress of the litigation. A telephone conference is scheduled for 12/1/2022 at 11:00 a.m. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/31/2022.(jdp )
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Filing 17
TEXT ORDER: On or before 9/14/2022, the parties shall file status reports regarding the topics discussed at the Rule 16 conference including the Notice of Removal, diversity, and venue. Defendants Oshkosh, may if they choose to, file an Amended Notice of Removal by 9/14/2022. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/31/2022. (jdp )
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an initial conference was held on 8/31/2022. Pretrial deadlines were discussed and set. A telephone conference is scheduled for 12/1/2022 at 11:00 a.m. The Court discussed with the parties the following topics: (1) The Notice of Removal does not appear to adequately allege complete diversity. Although it alleges that at the time of the commencement of the action, Plaintiff resided in the County of Onondaga, State of New York, an allegation of "an individual party's residence is insufficient to establish their domicile or citizenship." IndyMac Venture, LLC v. Mulligan, 15-CV-7057, 2019 WL 4648419, at *3 (E.D.N.Y. Aug. 30, 2019) (citing White v. Abney, 17-CV-4286, 2019 WL 1298452, at *3 (E.D.N.Y. Mar. 21, 2019)); see also Caren v. Collines, 689 F. App'x 75, 75 (2d Cir. 2017) ("Although the individual plaintiff and individual defendants are alleged to be residents of certain States, such an allegation is insufficient to plead citizenship"). Notably, "one may have more than one residence in different parts of this country or world, but a person may have only one domicile." Reich v. Lopez, 858 F.3d 55, 63 (2d Cir. 2017); (2) It is also unclear from the Notice of Removal whether the residence of Plaintiff refers to Nancy Fish or whether it refers to the decedent of the estate; (3) The Notice of Removal also does not address, for purposes of diversity, whether the citizenship or domicile of an estate is controlled by the citizenship or domicile of the decedent or administrator of the estate; and (4) The Notice of Removal also does not adequately address venue and whether the amount in controversy exceeds $75,000. The Court directed the parties to file status reports by 9/14/2022 addressing these topics. Appearances: H. Marks, Esq., for the Plaintiffs; M. Mantharam, Esq., for Defendants Oshkosh; and J. Burgasser, Esq., for Defendant Siebert. (jdp ) |
| Filing 16 CIVIL CASE MANAGEMENT PLAN by Oshkosh Corporation, Oshkosh Defense, LLC. (Mantharam, Marybeth) |
| Filing 15 DEMAND for Trial by Jury by Kalyn Siebert. (Burgasser, Jessica) |
| Filing 14 CROSSCLAIM and Answer to Crossclaim against Kalyn Siebert filed by Oshkosh Defense, LLC, Oshkosh Corporation.(Mantharam, Marybeth) |
| TEXT NOTICE OF FILING DEFICIENCY NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney Michael J. Block, Esquire's address and/or email address contained in the #13 Amended Answer document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline: 7/28/2022 (map) |
| CLERK'S CORRECTION OF DOCKET ENTRY: Due to the #12 Answer to Complaint with cross-claims and the #13 Amended Answer to Complaint with cross-claims being filed simultaneously, duplicate identical roles were added to the docket face. The clerk has fixed this mistake and the cross-claim roles now appear correctly. (map) |
| ***Answer to the #1 Notice of Removal due date terminated for Kalyn Siebert. (map) |
| Filing 13 AMENDED ANSWER to #2 Complaint, Crossclaim , CROSSCLAIM against Oshkosh Corporation, Oshkosh Defense, LLC by Kalyn Siebert. (Burgasser, Jessica) |
| Filing 12 ANSWER to Complaint , CROSSCLAIM against Oshkosh Corporation, Oshkosh Defense, LLC by Kalyn Siebert.(Burgasser, Jessica) |
| Filing 11 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Kalyn Siebert identifying Corporate Parent Heil Trailer International LLC for Kalyn Siebert.. (Burgasser, Jessica) |
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Filing 10
ORDER granting #8 Motion for Limited Admission Pro Hac Vice. 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. Signed by Magistrate Judge Miroslav Lovric on 7/15/2022. (jdp )
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| Filing 9 ANSWER to Complaint by Oshkosh Corporation, Oshkosh Defense, LLC.(Mantharam, Marybeth) |
| Filing 8 MOTION for Limited Admission Pro Hac Vice of Michael Joseph Block Filing fee $100, receipt number ANYNDC-5962898. (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Affirmation Petition for Admission, #3 Declaration Sponsor Declaration, #4 Exhibit(s) Attorney Registration form, #5 Proposed Order/Judgment Proposed Order) Motions referred to Miroslav Lovric. (Burgasser, Jessica) |
| Filing 7 NOTICE of Appearance by Torrey E. Grenda on behalf of Oshkosh Corporation, Oshkosh Defense, LLC (Grenda, Torrey) |
| Filing 6 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Oshkosh Defense, LLC identifying Corporate Parent Oshkosh Corporation for Oshkosh Defense, LLC.. (Mantharam, Marybeth) |
| Filing 5 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Oshkosh Corporation. (Mantharam, Marybeth) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Attorney Michael J. Block, Email address is mjb@wlbdeflaw.com. Phone number is 215-564-4141. Admissions due by 7/19/2022. {Notice served upon attorney via e-mail and regular mail along with GO25}(pjh, ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 8/31/2022 at 1:30 PM 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 8/24/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, ) |
| Filing 2 STATE COURT COMPLAINT filed by Plaintiff in Onondaga County Supreme Court. (pjh, ) |
| Filing 1 NOTICE OF REMOVAL from Onondaga County Supreme Court, case number 004644/2022 (Filing fee $402 receipt number ANYNDC-5956118) filed by Oshkosh Corporation and Oshkosh Defense, LLC. (Attachments: #1 Exhibit A - State Court Summons and Complaint, #2 Exhibit B - Affidavit of Service for Oshkosh Defense, #3 Exhibit C - Affidavit of Service for Oshkosh Corp., #4 Exhibit D - Notices of Appearance Notifications, #5 Exhibit E - Affidavit of Service for Kalyn Siebert, #6 Exhibit F - Corporation Search for Oshkosh Defense, #7 Exhibit G - Corporation Search for Oshkosh Corporation, #8 Exhibit H - Kalyn Siebert Business Filing Names, #9 Exhibit I - Notice to Admit, #10 Exhibit J - Consent to Removal, #11 Civil Cover Sheet)(pjh, ) |
| ***Answer due date updated for Kalyn Siebert, Oshkosh Corporation, and Oshkosh Defense, LLC answers due 7/12/2022. (pjh, ) |
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