Dell Technologies Inc. v. Gilbert
| Dell Technologies Inc. |
| Cicilia Gilbert |
| 6:2022cv00749 |
| July 17, 2022 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| David N Hurd |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on September 14, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 MOTION for Limited Admission Pro Hac Vice of Michael S. Burkhardt Filing fee $100, receipt number ANYNDC-6032588. (Attachments: #1 Declaration Declaration of Sponsor, #2 Exhibit(s) Petition for Pro Hac Admission, #3 Exhibit(s) Registration Form, #4 Exhibit(s) New Jersey - Certificate of Good Standing, #5 Exhibit(s) Pennsylvania - Certificate of Good Standing) Motions referred to Therese Wiley Dancks. (Berman, Daniel) |
Filing 18
TEXT ORDER granting #17 Letter Request for a pre-motion conference. A Telephone Conference has been set for 10/4/2022 at 11:00 AM 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 8644. Each party is directed to submit, by 5pm on 9/27/2022, a letter brief, no longer than 3pp, single spaced, 12pt. font, addressing the issues regarding sanctions and any other issues as alluded to in Dkt. No. 17. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/23/2022. (sg)
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| CLERK'S CORRECTION OF DOCKET ENTRY re #16 Corrected Response in Support of Motion. Counsel Inadvertently attached the incorrect declaration when refiling the documents pursuant to the Court's Notice of Filing Deficiency. The Clerk has replaced the declaration with the correct copy which reflects that "Exhibit 7" is actually the Reply Memorandum. (mgh) |
| Filing 17 Letter Motion from Jillian T Weiss for Cicilia Gilbert requesting Pre-motion conference submitted to Judge Thrse Wiley Dancks . (Weiss, Jillian) |
| Filing 16 CORRECTED RESPONSE in Support re #6 MOTION to Dismiss filed by Cicilia Gilbert. Motion returnable before Judge Hurd Reply filed by Cicilia Gilbert. (Attachments: #1 Exhibit(s) 1- Affidavit of Service, #2 Exhibit(s) 2- Activity in Case Email re Notice of Removal, #3 Exhibit(s) 3- Notice to Judge Merrell, #4 Exhibit(s) 4- Email Service on Judge Merrell, #5 Exhibit(s) 5- Arbitration Agreement, #6 Exhibit(s) 6- Internet History of Jillian T Weiss, #7 Exhibit(s) 7- Reply Memorandum of Law In Support of Motion to Dismiss)(Weiss, Jillian) Modified on 8/23/2022 (mgh). (Main Document 16 replaced on 8/23/2022) (mgh, ). |
| TEXT NOTICE OF FILING DEFICIENCY as to Cicilia Gilbert regarding the #15 Response in Support of Motion,, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Dkt. No. #15 - There are 7 Exhibits listed in the attachment 1 Declaration - but only 6 exhibits were filed. Also it appears that the exhibits filed do not match the order in which they are listed in the attachment 1 Declaration. Attorney Weiss needs to refile in the correct order all 7 Exhibits and link it to the Dkt. No. #15 Response. Other Deficiency - The correction(s) should be made within 3 days of this notice. Notice of Filing Deficiency Deadline 8/24/2022 (hmr) |
| CLERK'S CORRECTION OF DOCKET ENTRY re #15 Response in Support of Motion: Clerk added "RESPONSE in Opposition to Dkt. No. #7 Motion to Remand and REPLY" to this docket entry to show that there was both a Response and Reply filed. (hmr) |
| Filing 15 RESPONSE in Opposition to Dkt. No. #7 Motion to Remand and REPLY in Support re #6 MOTION to Dismiss filed by Cicilia Gilbert. Motion returnable before Judge Hurd filed by Cicilia Gilbert. (Attachments: #1 Declaration of Jillian T Weiss, #2 Exhibit(s) 1 - Affidavit of Service, #3 Exhibit(s) 2 - Notice of Removal, #4 Exhibit(s) 3 - Notice to Judge Merrell, #5 Exhibit(s) 4 - Email service on Plaintiff, #6 Exhibit(s) 5 - Arbitration Agreement, #7 Exhibit(s) 6 - Internet History July 18, 2022)(Weiss, Jillian) Modified on 8/19/2022 (hmr). |
| Filing 14 RESPONSE in Support re #7 MOTION to Remand filed by Dell Technologies Inc.. filed by Dell Technologies Inc.. (Attachments: #1 Exhibit(s) Confirmation Notice, #2 Memorandum of Law)(Berman, Daniel) |
| Filing 13 AFFIDAVIT in Opposition re #7 MOTION to Remand filed by Dell Technologies Inc.. of Jillian T. Weiss, Esq. filed by Cicilia Gilbert. (Attachments: #1 Exhibit(s) 1 (Affidavit of Service), #2 Exhibit(s) 2 (Notice of Removal filing), #3 Exhibit(s) 3 (Service on Judge Merrell), #4 Exhibit(s) 4 (Service on Plaintiff), #5 Exhibit(s) 5 (Arbitration Agreement))(Weiss, Jillian) |
| Filing 12 RESPONSE in Opposition re #7 MOTION to Remand filed by Dell Technologies Inc.. filed by Cicilia Gilbert. (Weiss, Jillian) |
| Filing 11 AFFIDAVIT in Opposition re #6 MOTION to Dismiss filed by Cicilia Gilbert. Motion returnable before Judge Hurd filed by Dell Technologies Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Memorandum of Law In Opposition to Motion to Dismiss)(Berman, Daniel) |
| Filing 10 Letter from Edward D. Carni responding to #4 Notice of Admission Requirement. (egr) |
| Filing 9 LETTER BRIEF by Dell Technologies Inc.. (Carni, Edward) |
| Filing 8 ANSWER to Complaint /Petition of Plaintiff Dell Technologies Inc. by Cicilia Gilbert.(Weiss, Jillian) |
| Filing 7 MOTION to Remand filed by Dell Technologies Inc.. Response to Motion due by 8/10/2022. Reply to Response to Motion due by 8/17/2022 (Attachments: #1 Declaration, #2 Exhibit(s), #3 Exhibit(s), #4 Memorandum of Law) (Berman, Daniel) |
| Filing 6 MOTION to Dismiss filed by Cicilia Gilbert. Motion returnable before Judge Hurd Response to Motion due by 8/10/2022. Reply to Response to Motion due by 8/17/2022 (Attachments: #1 Memorandum of Law) (Weiss, Jillian) |
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Filing 5
TEXT ORDER: Court reviewed docket in this removal action. If plaintiff does not timely file a motion to remand back to state court, then plaintiff must refile the motion to vacate the arbitration award (Dkt. No. #2 ) by 8/19/2022 citing the relevant federal rules that apply, after which the Court will set response deadlines. Per Local Rule 81.4, "The Court will not consider a motion that a party filed in state court unless that party refiled the motion in this Court in accordance with the Local Rules of Practice for the Northern District of New York." SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/19/2022. (sg)
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| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Dell Technologies Inc.; Attorney Edward Carni, Esq., Email address is ecarni@hancocklaw.com. Phone number is (315) 565-4500. Admissions due by 8/1/2022. (mgh) |
| Filing 3 NOTICE OF ADMISSION REQUIREMENT as to Party Dell Technologies Inc.; Attorney Michael S. Burkhardt, Esq., Email address is michael.burkhardt@morganlewis.com. Phone number is (315) 565-4500. Admissions due by 8/1/2022. (mgh) |
| ***Answer due date updated for Cicilia Gilbert answer due 7/25/2022. (mgh) |
| Filing 2 STATE COURT PETITION TO VACATE ARBITRATION AWARD #1 Notice of Removal filed by Plaintiff(s) in Herkimer County Supreme Court. (Attachments: #1 Petition to Vacate Arbitration Award, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E, #7 Exhibit(s) F, #8 Exhibit(s) G, #9 Exhibit(s) H, #10 Exhibit(s) I, #11 Exhibit(s) J, #12 Exhibit(s) K, #13 Exhibit(s) L, #14 Exhibit(s) M, #15 Exhibit(s) N, #16 Exhibit(s) O, #17 Exhibit(s) 18- Affirmation in Support of Petition to Vacate Arbitration Award, #18 Exhibit(s) Memorandum of Law in Support of Petition to Vacate Arbitration Award, #19 Exhibit(s) 20- Sate Court Request for Judicial Intervention, #20 Exhibit(s) 21- Letter to Hon. Charles C. Merrell -Herkimer County Supreme Court)(mgh) Modified on 7/18/2022 (sg, ). |
| Filing 1 NOTICE OF REMOVAL from Herkimer County Supreme Court, case number EF2022-109610 (Filing fee $402 receipt number BNYNDC-5969229) filed by Cicilia Gilbert. (Attachments: #1 Civil Cover Sheet, #2 Notice of Petition, #3 Petition to Vacate Arbitration Award, #4 Exhibit(s) A- to Petition, #5 Exhibit(s) B- to Petition, #6 Exhibit(s) C- to Petition, #7 Exhibit(s) D- to Petition, #8 Exhibit(s) E- to Petition, #9 Exhibit(s) F- to Petition, #10 Exhibit(s) G- to Petition, #11 Exhibit(s) H- to Petition, #12 Exhibit(s) I- to Petition, #13 Exhibit(s) J- to Petition, #14 Exhibit(s) K- to petition, #15 Exhibit(s) L- to Petition, #16 Exhibit(s) M- to Petition, #17 Exhibit(s) N- to Petition, #18 Exhibit(s) O- to Petition, #19 Exhibit(s) 18- Affirmation in Support of Petition, #20 Exhibit(s) 19- Memorandum of Law in Support of Petition, #21 Exhibit(s) 20-Request for Judicial Intervention, #22 Exhibit(s) 21- Letter to Supreme Court)(mgh) |
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| Plaintiff: Dell Technologies Inc. | |
| Represented By: | Daniel B. Berman |
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| Defendant: Cicilia Gilbert | |
| Represented By: | Jillian T. Weiss |
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