Borrero v. Michaels Stores, Inc.
| Eusebio Borrero |
| Michaels Stores, Inc. |
| 1:2018cv07502 |
| August 17, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Richard J Sullivan |
| P.I.: Other |
| 28 U.S.C. § 1441 nr |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 15, 2018. A more recent docket listing may be available from PACER.
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| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 11/14/2018.(mf) |
Filing 17
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do consent to disposition of this case by a Magistrate Judge, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. No additional parties may be joined except with leave of the Court. Amended pleadings may not be filed except with leave of the Court. Fact Discovery due by 2/7/2019. Deposition due by 1/4/2019. All expert disclosures, including reports, production of underlying documents, and depositions shall be completed pursuant to the following deadlines: a. Expert(s) of Plaintiff(s): 3/15/2019. b. Expert(s) of Defendant(s): 4/19/2019. Discovery due by 4/24/2019. Status Conference set for 5/10/2019 at 10:00 AM before Judge Richard J. Sullivan. The mediator shall contact the parties by February 14, 2019. Parties have conferred and their present best estimate of the length of trial is3 days. (Signed by Judge Richard J. Sullivan on 10/10/2018) (ne)
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Filing 16
ORDER: IT IS HEREBY ORDERED THAT this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling order issued by this Court without leave of this Court. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 10/22/2018. Mediator Expertise Request due by 10/15/2018. (Signed by Judge Richard J. Sullivan on 10/10/2018) (ne)
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| Minute Entry for proceedings held before Judge Richard J. Sullivan: Initial Pretrial Conference held on 10/10/2018. John Decolator present for Plaintiff. Joseph Velez present for Defendant. As set forth in a separately docketed order, the Court entered a case management plan. (Godina, Jenya) |
| Filing 15 STATUS REPORT. Joint Letter - Status and Proposed CMP & Scheduling Order Document filed by Michaels Stores, Inc..(Velez, Joseph) |
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Filing 14
ORDER: Initial Conference set for 10/10/2018 at 11:30 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 9/20/2018) (ne)
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| Filing 13 ANSWER to #11 Amended Complaint. Document filed by Michaels Stores, Inc..(Velez, Joseph) |
| Filing 12 LETTER addressed to Judge Richard J. Sullivan from John V. Decolator dated September 4, 2018 re: Jury Demand. Document filed by Eusebio Borrero.(Decolator, John) |
| Filing 11 AMENDED COMPLAINT against Michaels Stores, Inc. with JURY DEMAND.Document filed by Eusebio Borrero.(Decolator, John) |
| Filing 10 NOTICE OF APPEARANCE by John Vincent Decolator on behalf of Eusebio Borrero. (Decolator, John) |
| Filing 9 AFFIDAVIT OF SERVICE of Court Order of 8/20/18 served on Eusebio Borrero on August 22, 2018. Service was made by Mail. Document filed by Michaels Stores, Inc.. (Velez, Joseph) |
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Filing 8
ORDER: The above-entitled matter has been removed from the Supreme Court of the State of New York, County of Bronx and assigned to my docket. Accordingly, IT IS HEREBY ORDERED THAT by Monday, September 17, 2018, Plaintiff shall file either (1) a motion to remand, pursuant to 28 U.S.C. 1447(c), or (2) an amended complaint conforming to federal pleading standards, see Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007) (plaintiff must allege "enough facts to state a claim to relief that is plausible on its face"); see also Fed. R. Civ. P. 8(a)(2) ("A pleading that states a claim for relief must contain... a short and plain statement of the claim showing that the pleader is entitled to relief.... "). IT IS FURTHER ORDERED THAT Defendant's time to file an answer is adjourned until one week after Plaintiff has filed an amended complaint. Defendant is ordered to serve Plaintiff with a copy of this Order and file a certificate of service on ECF indicating that this service was effectuated. Plaintiff shall thereafter file a notice of appearance through ECF. SO ORDERED. (Amended Pleadings due by 9/17/2018. Motions due by 9/17/2018.) (Signed by Judge Richard J. Sullivan on 8/20/2018) (ne)
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| Filing 7 CIVIL COVER SHEET filed. (Velez, Joseph) |
| Filing 6 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 23831/2018E. (Filing Fee $ 400.00, Receipt Number 0208-15469747).Document filed by Michaels Stores, Inc.. (Attachments: #1 Exhibit Summons & Complaint, #2 Exhibit Affidavit of Service, #3 Exhibit Answer & Demands, #4 Exhibit Letter from Plaintiff with Demand Exceeding $75,000.00)(Velez, Joseph) |
| 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 Richard J. Sullivan. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Joseph Daniel Velez. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1391; County code Bronx; Fee Status code due (due). The following corrections have been made to your case entry: the Cause of Action code has been modified to 28:1441nr; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Joseph Daniel Velez to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason: Multiple Citizenship selections made for defenedant; please select only one. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Joseph Daniel Velez to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reasons: As per Rule 13.3, Exhibits must always be filed as attachments to a document. Exhibits should not be scanned into the same PDF file with the main document. Each attachment must be clearly titled in the ECF docket 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) |
| Filing 5 NOTICE OF APPEARANCE by Joseph Daniel Velez on behalf of Michaels Stores, Inc.. (Velez, Joseph) |
| Filing 4 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Michaels Companies, Inc. for Michaels Stores, Inc.. Document filed by Michaels Stores, Inc..(Velez, Joseph) |
| Filing 3 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY (SEE DOCUMENT #4) - FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Michael's Companies, Inc for Michaels Stores, Inc. Document filed by Michaels Stores, Inc.(Velez, Joseph) Modified on 8/17/2018 (ldi). |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Velez, Joseph) Modified on 8/20/2018 (pne). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 23831/18E. (Filing Fee $ 400.00, Receipt Number 0208-15463895).Document filed by Michaels Stores, Inc..(Velez, Joseph) Modified on 8/20/2018 (pne). |
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| Plaintiff: Eusebio Borrero | |
| Represented By: | John Vincent Decolator |
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| Defendant: Michaels Stores, Inc. | |
| Represented By: | Joseph Daniel Velez |
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