Galavotti v. Boscov's, Inc. et al
Plaintiff: Richard R. Galavotti
Defendant: Boscov's Department Store, LLC, Boscov's, Inc. and Boscov's Department Stores
Not Classified By Court: Jeffrey Anderson
Case Number: 6:2018cv01028
Filed: August 28, 2018
Court: US District Court for the Northern District of New York
Presiding Judge: Andrew T Baxter
Referring Judge: Mae A D'Agostino
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 22, 2018 Opinion or Order Filing 19 STIPULATION AND ORDER: The Complaint is deemed amended to provide that the identity and citizenship of the owner of Boscov's Department Store, LLC, a Pennsylvania Limited Liability Company, is Boscov's, lnc., a Pennsylvania Corporation. Signed by U.S. Magistrate Judge Andrew T. Baxter on 10/22/2018. (nmk)
October 18, 2018 Filing 18 STIPULATION re 17 Order, by Boscov's Department Store, LLC, Boscov's Department Stores, Boscov's, Inc. submitted to Judge Baxter. (Brousseau, Shawn)
October 18, 2018 Filing 17 TEXT ORDER re: #15 status report. The parties should discuss whether they can reach a stipulation deeming the complaint amended to include the identity and citizenship of the owner of Boscov's Department Store, LLC, and agreeing that a further answer to the complaint is not required. In the alternative, plaintiff should amend the complaint accordingly so that it reflects the basis for diversity jurisdiction. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/18/2018. (nmk)
October 17, 2018 Filing 16 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Jeffery Anderson, Esq. has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Shawn F. Brousseau, Esq. and Frank Madia, Esq.. Dated: October 17, 2018(Brousseau, Shawn)
October 17, 2018 Filing 15 STATUS REPORT Identifying Boscov's Inc., a PA Corporation as the sole owner of Boscov's Department Sotre, LLC, a PA limited liability company by Boscov's Department Store, LLC, Boscov's, Inc.. (Attachments: #1 Exhibit(s) LLC Organizing Document)(Brousseau, Shawn)
October 15, 2018 Opinion or Order Filing 14 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 11/13/2018. Deadline for completion of Mandatory Mediation is 12/14/2018. Signed by U.S. Magistrate Judge Andrew T. Baxter on 10/15/2018. (nmk)
October 15, 2018 Filing 13 UNIFORM PRETRIAL SCHEDULING ORDER: Deadline for the joinder of parties and the amendment of pleadings is 12/31/2018. Discovery cutoff is 7/1/2019 (plaintiff's expert disclosures due by 4/2/2019; defendants' expert disclosures due by 5/17/2019; and any rebuttal disclosures are due by 6/3/2019). Substantive motions are to be filed by 8/30/2019. Anticipated length of trial: 5 days. Signed by U.S. Magistrate Judge Andrew T. Baxter on 10/15/2018. (nmk)
October 15, 2018 TEXT Minute Entry for telephonic Rule 16 conference held on 10/15/2018 before U.S. Magistrate Judge Andrew T. Baxter: Judge Baxter addresses the inadequate citizenship of the LLC defendant for diversity jurisdiction. Defense counsel is directed to research the citizenship of the members of the LLC and file a status report, on or before 10/31/2018, regarding the citizenship of the LLC defendant. Parties stipulate to the dismissal of defendant Boscov's Department Stores. The court explained the Mandatory Mediation Program to counsel. Mandatory disclosures have been exchanged. Pretrial deadlines were established. A scheduling order will be issued on behalf of District Judge D'Agostino. A follow-up telephonic conference is set for 2/13/2019 at 10:30 AM. Appearances: Frank Madia, Esq. for plaintiff; Shawn Brousseau, Esq. for defendants. Time: 9:58 AM - 10:09 AM. (nmk)
October 15, 2018 TEXT NOTICE of Hearing: A telephonic Status Conference is set for 2/13/2019 at 10:30 AM before U.S. Magistrate Judge Andrew T. Baxter. Defense counsel is directed to initiate the call and contact chambers at 315-234-8600 when all participants are on the conference line. (nmk)
October 12, 2018 Filing 12 NOTICE by Boscov's Department Store, LLC, Boscov's Department Stores, Boscov's, Inc. re #1 Notice of Removal, Statement regarding removal pursuant to Judge D'Agostino's Individual Rules and Practices number 3 (White, David)
October 12, 2018 Filing 11 NOTICE of Appearance by Shawn F. Brousseau on behalf of All Defendants (Brousseau, Shawn)
October 10, 2018 Filing 10 CIVIL CASE MANAGEMENT PLAN Proposed CCMP agreed to by all parties by Boscov's Department Store, LLC, Boscov's Department Stores, Boscov's, Inc.. (Brousseau, Shawn)
September 11, 2018 Filing 9 NOTICE of Appearance by Frank L. Madia on behalf of Richard R. Galavotti (Madia, Frank)
September 7, 2018 Filing 8 AFFIDAVIT of Service for ndividual Rules and Practices of Hon. Mae A. DAgostino, Answer, Notice of Removal, General Order 25 Packet, Civil Cover sheet, Docket and Corporate Disclosure Statement served on Frank L. Madia, Esq., Law Offices of George F. Aney on 9/7/18, filed by Boscov's Department Store, LLC, Boscov's Department Stores, Boscov's, Inc.. (Brousseau, Shawn)
August 30, 2018 Filing 7 ANSWER to Complaint by Boscov's Department Store, LLC, Boscov's Department Stores, Boscov's, Inc..(White, David)
August 30, 2018 Filing 6 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. http://www.nynd.uscourts.gov/sites/nynd/files/DAgostino_03142016.pdf. (meb)
August 30, 2018 ***Answer due date updated for Boscov's Department Store, LLC answer due 9/4/2018; Boscov's Department Stores answer due 9/4/2018; Boscov's, Inc. answer due 9/4/2018. (meb)
August 29, 2018 Filing 5 NOTICE of Admission Requirement as to Party Richard R. Galavotti; Attorney Frank L. Madia, Esq., phone number is (315)866-6600. Admissions due by 9/12/2018. (Sent via regular mail on 8/29/2018.)(meb)
August 29, 2018 Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 10/15/2018 at 10:00 AM via telephone before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/9/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (meb)
August 28, 2018 Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Boscov's Department Store, LLC, Boscov's Department Stores, Boscov's, Inc. (meb)
August 28, 2018 Filing 2 STATE COURT SUMMONS AND COMPLAINT relating to the #1 Notice of Removal, filed by Boscov's Department Store, LLC, Boscov's Department Stores, Boscov's, Inc. (meb)
August 28, 2018 Filing 1 NOTICE OF REMOVAL: from Oneida County Supreme Court, case number EFCA2018-002283 (Filing fee $400 receipt number ANYNDC-4492885) filed by Boscov's Department Stores, Boscov's Department Store, LLC, Boscov's, Inc. (Attachments: #1 Civil Cover Sheet, #2 Original Summons and Complaint, #3 Affidavit of Service, #4 New York Department of State Search Results)(meb)

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Defendant: Boscov's Department Store, LLC
Represented By: David C White
Represented By: Shawn F. Brousseau
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Defendant: Boscov's, Inc.
Represented By: David C White
Represented By: Shawn F. Brousseau
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Defendant: Boscov's Department Stores
Represented By: David C White
Represented By: Shawn F. Brousseau
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Plaintiff: Richard R. Galavotti
Represented By: Frank L. Madia
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Not classified by court: Jeffrey Anderson
Represented By: Jeffrey K. Anderson
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