De La Cruz v. Ecolab Inc.
| Robert De La Cruz |
| Ecolab Inc. |
| 1:2018cv06983 |
| August 2, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| NewYork |
| Gregory H Woods |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 nr |
| Both |
Docket Report
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 9/25/2018. (Daniels, Anthony) |
Filing 27
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Except for amendments permitted by Fed. R. Civ. P. 15(a)(1) and this Court's Individual Rules of Practice in Civil Cases ("Individual Rules"), amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Fact Discovery due by 3/22/2019. Depositions due by 2/6/2019. Expert Discovery due by 5/6/2019. Motions due by 6/5/2019. The joint pretrial order shall be due 30 days from the close of discovery, or if any dispositive motion is filed, 21 days from the Court's decision on such motion. The filing of the joint pretrial order and additional submissions shall be governed by Fed. R. Civ. P. 26(a)(3) and the Court's Individual Rule 5. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 7 days. Status Conference set for 5/16/2019 at 04:00 PM before Judge Gregory H. Woods. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/25/2018) (anc)
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| Filing 26 ANSWER to #18 Amended Complaint with JURY DEMAND. Document filed by Ecolab Inc..(Mekles, Erica) |
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Filing 25
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Gregory H. Woods on 9/24/2018) (anc)
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| Filing 24 PROPOSED PROTECTIVE ORDER. Document filed by Ecolab Inc.. (Attachments: #1 Attachment to Cover Letter - Proposed Stipulated Confidentiality Agreement and Protective Order, #2 Exhibit - Blacklined Version of Proposed Stipulated Confidentiality Agreement and Protective Order) (Mekles, Erica) |
| Filing 23 LETTER addressed to Judge Gregory H. Woods from All Counsel dated September 18, 2018 re: Joint Case Status Letter. Document filed by Ecolab Inc..(Mekles, Erica) |
| Filing 22 CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference Order and Individual Rules served on Counsel for Plaintiff on September 13, 2018. Service was made by E-Mail. Document filed by Ecolab Inc.. (Attachments: #1 September 13, 2018 Notice to Counsel of Initial Pretrial Conference Order and Individual Rules)(Mekles, Erica) |
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Filing 21
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/25/2018 at 04:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods; and as further set forth in this Order. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/13/2018) (anc)
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| Filing 20 ELECTRONIC SUMMONS ISSUED as to Ecolab Inc. (vf) |
| Filing 19 REQUEST FOR ISSUANCE OF SUMMONS as to Ecolab Inc., re: #18 Amended Complaint. Document filed by Robert De La Cruz. (Fortney, Rebecca) |
| Filing 18 AMENDED COMPLAINT amending #16 Amended Complaint, against Ecolab Inc..Document filed by Robert De La Cruz. Related document: #16 Amended Complaint,.(Fortney, Rebecca) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rebecca Fortney to RE-FILE Document No. #16 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; PDF should consist of pleading ONLY; Request for issuance of summons is its own separate event. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
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Filing 17
ORDER. In light of the Court's August 15, 2018 order, Dkt. No. 14, the Court declines to endorse Defendant's proposed order, Dkt. No. 11. (HEREBY ORDERED by Judge Gregory H. Woods on August 23, 2018) (Text Only Order)(Woods, Gregory)
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| Filing 16 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - AMENDED COMPLAINT amending #15 Amended Complaint against Ecolab Inc..Document filed by Robert De La Cruz. Related document: #15 Amended Complaint. (Attachments: #1 Supplement)(Fortney, Rebecca) Modified on 8/24/2018 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rebecca Fortney to RE-FILE Document No. #15 Amended Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; PDF should consist of pleading ONLY; Request for issuance of summons is its own separate event; the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| Filing 15 FILING ERROR - DEFICIENT PLEADING PDF ERROR AMENDED COMPLAINT against Robert De La Cruz.Document filed by Robert De La Cruz.(Fortney, Rebecca) Modified on 8/23/2018 (sj). |
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Filing 14
ORDER granting #13 Motion for Christopher R. Carton to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Christopher R. Carton to Appear Pro Hac Vice (Corrected Motion). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 13 MOTION for Christopher R. Carton to Appear Pro Hac Vice (Corrected Motion). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ecolab Inc.. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Supplement Certificate of Good Standing: Supreme Court of New Jersey, #3 Supplement Certificate of Good Standing: United States District Court - District of New Jersey, #4 Text of Proposed Order Proposed Order, #5 Supplement Certificate of Service)(Carton, Christopher) |
| Filing 12 CERTIFICATE OF SERVICE of Motion for Admission Pro Hac Vice and Supporting Documents served on Counsel for Plaintiff on August 14, 2018. Service was made by E-MAIL. Document filed by Ecolab Inc.. (Carton, Christopher) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Ecolab Inc.. Related Document Number: #9 . (Carton, Christopher) Proposed Order to be reviewed by Clerk's Office staff. Modified on 8/14/2018 (bcu). |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Christopher R. Carton, Esq. in Support re: #9 MOTION for Christopher R. Carton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15449261. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Ecolab Inc.. (Attachments: #1 Supplement Certificate of Good Standing: Supreme Court of New Jersey, #2 Supplement Certificate of Good Standing: United States District Court, District of New Jersey)(Carton, Christopher) Modified on 8/14/2018 (bcu). |
| Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Christopher R. Carton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15449261. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ecolab Inc..(Carton, Christopher) Modified on 8/14/2018 (bcu). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #9 MOTION for Christopher R. Carton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15449261. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of New Jersey; missing Proposed Order; Attorney Affidavit/Declaraion missing per local rule 1.3;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) |
| Mailed a copy of #8 Order, Set Deadlines, to obert De La Cruz 450 Audubon Avenue Apt. 2 New York NY 10040. (vba) |
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Filing 8
ORDER: Plaintiff is granted leave to file an amended complaint. Any amended complaint is due no later than August 24, 2018. The Clerk of Court is directed to mail a copy of this order to Plaintiff. SO ORDERED. (Amended Pleadings due by 8/24/2018.) (Signed by Judge Gregory H. Woods on 8/10/2018) (anc)
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| Transmission to Docket Assistant Clerk. Transmitted re: #8 Order Set Deadlines to the Docket Assistant Clerk for case processing. (anc) |
| Mailed a copy of #7 Order, to Robert De La Cruz 450 Audubon Avenue Apt. 2 New York NY 10040. (vba) |
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Filing 7
ORDER: This action was removed from the Supreme Court of the State of New York, County of New York, on August 2, 2018. Dkt. No. 4. If Plaintiff wishes to demand a jury trial in this matter, the demand must be served no later than August 20, 2018. The Clerk of Court is directed to mail a copy of this order to Plaintiff.SO ORDERED. (Signed by Judge Gregory H. Woods on 8/9/2018) (anc)
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| Transmission to Docket Assistant Clerk. Transmitted re: #7 Order to the Docket Assistant Clerk for case processing. (anc) |
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Filing 6
ORDER granting #5 Letter Motion for Conference. Application granted. The Court will hold a pre-motion conference regarding Defendant's proposed motion to dismiss on August 10, 2018 at 1:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. Defendant is directed to serve a copy of this order on Plaintiff. Counsel for Plaintiff is directed to enter a notice of appearance in this action forthwith. SO ORDERED. (Pre-Motion Conference set for 8/10/2018 at 01:00 PM before Judge Gregory H. Woods. Telephone Conference set for 8/10/2018 at 01:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 8/8/2018) (anc)
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| Filing 5 LETTER MOTION for Conference addressed to Judge Gregory H. Woods from Erica S. Mekles, Esq. dated August 7, 2018. Document filed by Ecolab Inc..(Mekles, Erica) |
| Filing 4 NOTICE OF REMOVAL from Supreme Court NY, County of New York. Case Number: 152604/2018..Document filed by Ecolab Inc.. (Attachments: #1 Certification of Christopher R. Carton, #2 Exhibit A - Summons and Complaint, #3 Exhibit B - Affidavit of Service, #4 Exhibit C - Consent to Removal, #5 Certificate of Service)(Mekles, Erica) |
| Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Erica M. Singer Mekles to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason: As per Rule 13.3, Each attachment must be clearly titled in the ECF entry so the subject of the exhibit is clear. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Erica M. Singer Mekles. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt); Fee Status code due (due). The following corrections have been made to your case entry: the Arbitration code has been deleted; the Fee Status code has been modified to pd (paid). (pne) |
| Filing 3 CIVIL COVER SHEET filed. (Mekles, Erica) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ecolab Inc.. (Attachments: #1 Certificate of Service)(Mekles, Erica) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - NOTICE OF REMOVAL from Supreme Court NY, County of New York. Case Number: 152604/2018. (Filing Fee $ 400.00, Receipt Number 0208-15402145).Document filed by Ecolab Inc.. (Attachments: #1 Certification of Christopher R. Carton, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Certificate of Service)(Mekles, Erica) Modified on 8/3/2018 (pne). |
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| Plaintiff: Robert De La Cruz | |
| Represented By: | Rebecca Fortney |
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| Defendant: Ecolab Inc. | |
| Represented By: | Erica M. Singer Mekles |
| Represented By: | Christopher R. Carton |
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