Rivera v. Home Depot U.S.A, Inc.
Plaintiff: Daniel Rivera
Defendant: Home Depot U.S.A, Inc.
Case Number: 1:2016cv07552
Filed: September 27, 2016
Court: US District Court for the Southern District of New York
Office: White Plains Office
County: XX Out of State
Presiding Judge: Vincent L. Briccetti
Nature of Suit: Other Personal Injury
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
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Date Filed Document Text
April 19, 2021 Opinion or Order Filing 270 MEMORANDUM OPINION AND ORDER re: 265 MOTION for Report and Recommendations Special Master . MOTION for Report and Recommendations Objections. filed by Bryan's Home Improvement Corp.. The Court has considered all of th e arguments of the parties. To the extent not specifically addressed above, the remaining arguments are either moot or without merit. For the reasons explained above, the Report is adopted in full and Home Depot's motion for fees and costs is granted, in the amount of $256,239.65, reflecting $254,736.25 in attorney's fees and $1,503.40 in costs. The Clerk is directed to enter judgment accordingly. The Clerk is also directed to close all pending motions and to close this case. SO ORDERED. (Signed by Judge John G. Koeltl on 4/19/2021) (ks) Transmission to Orders and Judgments Clerk for processing.
May 12, 2020 Opinion or Order Filing 252 ORDER withdrawing 234 Motion to Compel. Per Defendant/Third-Party Plaintiff Home Depot, U.S.A., Inc.'s notice of withdrawal of its motion to compel and receivership motion (ECF 251), it withdrew the motions at ECF 233 and ECF 242. ECF 234 is the memorandum of law in support of the motion at ECF 233. The Clerk of Court is directed to close ECF 234. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 5/12/2020) (rro)
June 25, 2018 Opinion or Order Filing 180 OPINION & ORDER re: 165 MOTION to Stay from the enforcement of the judgment entered on May 4, 2018, dtd 5/18/18. filed by Home Depot U.S.A, Inc., Home Depot U.S.A. Inc. For the reasons stated above, the Court hereby STAYS enfor cement of the judgments at ECF Nos. 151 and 152 pending resolution of the appeal currently before the Second Circuit. The Court does not require Home Depot to post a supersedeas bond to secure the stay. The Clerk of Court is directed to close the open motion at ECF No. 165. (Signed by Judge Katherine B. Forrest on 6/25/2018) (tro)
April 3, 2018 Opinion or Order Filing 120 OPINION AND ORDER:For the reasons stated above, the Court GRANTS plaintiffs motion for summary judgment at ECF No. 104 in the amount of $6,593,495.00. The Court DENIES plaintiffs motion for summary judgment as to the excess Surgical Costs (in t he amount of $713,776.00). As a consequence of this Opinion & Order, the only remaining issues in this case are: (1) whether plaintiff is entitled to recover economic damages for the potential surgical interventions; and (2) the quantum of pain and suffering damages that plaintiff is entitled to recover. On March 30, 2018, the parties submitted a Joint Pretrial Order (JPTO) requesting a total of [s]ix to seven (6-7)days for trial. (See ECF No. 113.) That exceeds the amount of time the Cou rt has available for a trial commencing as currently scheduled on April 9, 2018. Given that the remaining issues in this case are relatively narrow, and given that in any event they must be tried before a jury, the Court believes this action can and should proceed expeditiously before Magistrate Judge Ona T. Wang. Accordingly, the parties are directed to inform the Court whether they consent to this Court referring trial on all remaining issues to Magistrate Judge Wang at or before the final pretrial conference (FPTC) currently scheduled for Wednesday, March 4, 2018 at 1:00 p.m. The Court would also refer decision on the pending motions in limine at ECF Nos. 106 and 107. If the parties do not agree to proceed before Magistrate Judge Wang , they are directed to appear for the currently scheduled FPTC and should be prepared to discuss revised estimates of time for witness testimony on the remaining issues. The Clerk of Court is directed to close the motions at ECF Nos. 104 and 108. (Signed by Judge Katherine B. Forrest on 4/3/2018) (jp)
February 28, 2018 Opinion or Order Filing 70 OPINION AND ORDER For the reasons set forth on this Opinion and Order, the Court hereby GRANTS Riveras motion for partial summary judgment at ECF No. 44. A separate Order will follow clarifying the remaining issues for trial and the schedule for resolution. The Clerk of Court is directed to close the open motion at ECF No. 44. SO ORDERED. (Signed by Judge Katherine B. Forrest on 2/28/2018) (jp)
February 27, 2018 Opinion or Order Filing 69 MEMORANDUM DECISION AND ORDER re: 50 MOTION for Summary Judgment . filed by Bryan's Home Improvement Corp. For the reasons set forth on this Order, it is clear based on the evidence currently in the record that BHICs motion for summary judgment must be DENIED. The Clerk of Court is directed to close the open motion at ECF No. 50. (Signed by Judge Katherine B. Forrest on 2/27/2018) (jp)
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Plaintiff: Daniel Rivera
Represented By: Steven R. Payne
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Defendant: Home Depot U.S.A, Inc.
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