Mormile v. Accurate Diagnostic Labs, Inc. et al
| Jacqueline A. Mormile |
| John Norton, John Does 1-5, Nick Melchiorre, Rupen Patel and Accurate Diagnostic Labs, Inc. |
| 1:2019cv08450 |
| September 11, 2019 |
| US District Court for the Southern District of New York |
| Debra C Freeman |
| Laura Taylor Swain |
| Contract: Other |
| 28 U.S.C. § 1441 nr |
| None |
Docket Report
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Filing 26
ORDER terminating without prejudice #15 Motion to Remand, in light of the parties' stipulation of voluntary dismissal of the action (Dkt. 25). Absent further order of the Court, no further briefing need be submitted on the motion. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 25 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Jacqueline A. Mormile and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by John Norton(Individually), John Norton(as Vice President of Sales of Accurate Diagnostic Labs, Inc.), Nick Melchiorre(Individually), Accurate Diagnostic Labs, Inc., Nick Melchiorre(as Vice President and/or General Manager of Accurate Diagnostic Labs, Inc.), Rupen Patel(Individually), Rupen Patel(as Owner, Member, Shareholder Agent, and/or Chief Executive Officer of Accurate Diagnostic Labs, Inc.). Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Salloum, Christopher) |
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Filing 24
ORDER granting #23 Letter Motion for Extension of Time to File Response/Reply. Granted. This resolves Dkt. 23. Responses due by 10/21/2019 (Signed by Magistrate Judge Debra C. Freeman on 10/10/2019) (cf)
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| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #25 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Laura Taylor Swain for approval for the following reason(s): the stipulation of dismissal is not pursuant to F.R.C.P. 41(a)(1)(A)(ii). (km) |
| Filing 23 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Remand to State Court. addressed to Magistrate Judge Debra C. Freeman from Christopher G. Salloum dated October 10, 2019. Document filed by Accurate Diagnostic Labs, Inc., Nick Melchiorre(Individually), Nick Melchiorre(as Vice President and/or General Manager of Accurate Diagnostic Labs, Inc.), John Norton(Individually), John Norton(as Vice President of Sales of Accurate Diagnostic Labs, Inc.), Rupen Patel(Individually), Rupen Patel(as Owner, Member, Shareholder Agent, and/or Chief Executive Officer of Accurate Diagnostic Labs, Inc.).(Salloum, Christopher) |
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time to File Response/Reply. Defendants' opposition to the motion to remand shall be filed by 10/14/19. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 21 LETTER MOTION for Extension of Time to File Response/Reply as to #15 MOTION to Remand to State Court. addressed to Magistrate Judge Debra C. Freeman from Christopher G. Salloum dated October 4, 2019. Document filed by Accurate Diagnostic Labs, Inc., Nick Melchiorre(Individually), Nick Melchiorre(as Vice President and/or General Manager of Accurate Diagnostic Labs, Inc.), John Norton(Individually), John Norton(as Vice President of Sales of Accurate Diagnostic Labs, Inc.), Rupen Patel(Individually), Rupen Patel(as Owner, Member, Shareholder Agent, and/or Chief Executive Officer of Accurate Diagnostic Labs, Inc.).(Salloum, Christopher) |
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Filing 20
SCHEDULING ORDER: Initial Conference set for 10/29/2019 at 11:30 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Debra C. Freeman. (Signed by Magistrate Judge Debra C. Freeman on 10/2/2019) Copies to All counsel (via ECF). (kv)
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time. Defendants' time to move, answer, or otherwise respond to the Complaint is extended to 14 days after the Court's disposition of the pending motion to remand. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 18 CONSENT LETTER MOTION for Extension of Time addressed to Magistrate Judge Debra C. Freeman from Christopher G. Salloum dated October 1, 2019. Document filed by Accurate Diagnostic Labs, Inc., Nick Melchiorre(Individually), Nick Melchiorre(as Vice President and/or General Manager of Accurate Diagnostic Labs, Inc.), John Norton(Individually), John Norton(as Vice President of Sales of Accurate Diagnostic Labs, Inc.), Rupen Patel(Individually), Rupen Patel(as Owner, Member, Shareholder Agent, and/or Chief Executive Officer of Accurate Diagnostic Labs, Inc.).(Salloum, Christopher) |
| Filing 17 MEMORANDUM OF LAW in Support re: #15 MOTION to Remand to State Court. . Document filed by Jacqueline A. Mormile. (Brady Marzolla, Mary) |
| Filing 16 DECLARATION of Mary E. Brady Marzolla in Support re: #15 MOTION to Remand to State Court.. Document filed by Jacqueline A. Mormile. (Attachments: #1 Exhibit A - Email dated September 11, 2019, #2 Exhibit B - Email dated September 9, 2019, #3 Exhibit C - Email dated March 6, 2019, #4 Exhibit D - Plaintiff's Summons with Notice dated July 24, 2019, #5 Exhibit E - Plaintiff's Complaint dated August 20, 2019, #6 Exhibit F - Plaintiff's First Amended Complaint dated September 4, 2019, #7 Exhibit G - Defendants' Notice of Removal dated September 11, 2019)(Brady Marzolla, Mary) |
| Filing 15 MOTION to Remand to State Court. Document filed by Jacqueline A. Mormile.(Brady Marzolla, Mary) |
| Filing 14 NOTICE OF APPEARANCE by Mary Elizabeth Brady Marzolla on behalf of Jacqueline A. Mormile. (Brady Marzolla, Mary) |
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Filing 13
ORDER granting nunc pro tunc to 9/18/19 #12 Letter Motion for Extension of Time to Answer. Defendants' time to move, answer, or otherwise respond to the Amended Complaint is extended to 10/2/19. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
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| Filing 12 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Laura Taylor Swain from Christopher G. Salloum dated September 18, 2019. Document filed by Accurate Diagnostic Labs, Inc., Nick Melchiorre(Individually), Nick Melchiorre(as Vice President and/or General Manager of Accurate Diagnostic Labs, Inc.), John Norton(Individually), John Norton(as Vice President of Sales of Accurate Diagnostic Labs, Inc.), Rupen Patel(Individually), Rupen Patel(as Owner, Member, Shareholder Agent, and/or Chief Executive Officer of Accurate Diagnostic Labs, Inc.).(Salloum, Christopher) |
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Filing 11
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. Motions referred to Debra C. Freeman. (Signed by Judge Laura Taylor Swain on 9/17/2019) (ama)
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| Filing 10 LETTER addressed to Judge Laura Taylor Swain from CHRISTOPHER G. SALLOUM dated September 16, 2019 re: THE SEPTEMBER 13, 2019 DECLARATION OF DONALD FEERICK, JR.. Document filed by Accurate Diagnostic Labs, Inc., Nick Melchiorre(Individually), Nick Melchiorre(as Vice President and/or General Manager of Accurate Diagnostic Labs, Inc.), John Norton(Individually), John Norton(as Vice President of Sales of Accurate Diagnostic Labs, Inc.), Rupen Patel(Individually), Rupen Patel(as Owner, Member, Shareholder Agent, and/or Chief Executive Officer of Accurate Diagnostic Labs, Inc.).(Salloum, Christopher) |
| Filing 9 NOTICE OF APPEARANCE by Donald J. Feerick, Jr on behalf of Jacqueline A. Mormile. (Feerick, Donald) |
| Filing 8 DECLARATION of Donald J. Feerick, Jr. in Opposition re: #4 MOTION for Christopher George Salloum to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff.. Document filed by Jacqueline A. Mormile. (Attachments: #1 Exhibit Summons with Notice, #2 Exhibit Good Faith Demand Letter)(Feerick, Donald) |
| Filing 7 NOTICE OF APPEARANCE by Donald J. Feerick, Jr on behalf of Jacqueline A. Mormile. (Feerick, Donald) |
| Filing 6 CIVIL COVER SHEET filed. (Salloum, Christopher) |
| Case Designated ECF. (pne) |
| Magistrate Judge Debra C. Freeman 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) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 MOTION for Christopher George Salloum to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| ***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Christopher Salloum. The following party/parties has been removed from this case: John Does 1-5. The party was added to the case in error. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. 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 Christopher Salloum. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1330; County code Rockland. The following correction(s) 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. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Christopher Salloum to RE-FILE Document No. #5 Civil Cover Sheet. The filing is deficient for the following reason(s): caption entered on civil cover sheet must match pleading caption - remove 'John Does 1-5'; civil cover sheet was not signed. 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 Christopher Salloum re: Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; John Norton, Nick Melchiorre, and Rupen Patel must each be added to the case a second time, with party text "Individually". Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. ***DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS*** (pne) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Jacqueline A. Mormile, Rupen Patel, John Norton, Nick Melchiorre added. Party added pursuant to #1 Notice of Removal,.Document filed by Nick Melchiorre, John Norton, Rupen Patel, Accurate Diagnostic Labs, Inc.. Related document: #1 Notice of Removal,.(Salloum, Christopher) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher Salloum. The party information for the following party/parties has been modified: John Norton, Nick Melchiorre, Rupen Patel. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pne) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - SIGNATURE ERROR - CIVIL COVER SHEET filed. (Salloum, Christopher) Modified on 9/12/2019 (pne). |
| Filing 4 MOTION for Christopher George Salloum to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Accurate Diagnostic Labs, Inc., Nick Melchiorre, John Norton, Rupen Patel. (Attachments: #1 Affidavit Declaration of Christopher Salloum In Support of Motion For Pro Hac Vice Admission, #2 Exhibit Certificates of Good Standing in Support of Motion for Admission Pro Hac Vice, #3 Text of Proposed Order Proposed Order For Admission Pro Hac Vice)(Salloum, Christopher) |
| Filing 3 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Christopher George Salloum to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17583365. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Accurate Diagnostic Labs, Inc., Nick Melchiorre, John Norton, Rupen Patel. (Attachments: #1 Affidavit Declaration of Christopher Salloum In Support of Motion For Pro Hac Vice Admission With Exhibits)(Salloum, Christopher) Modified on 9/11/2019 (wb). |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Accurate Diagnostic Labs, Inc., Nick Melchiorre, John Norton, Rupen Patel.(Salloum, Christopher) |
| Filing 1 NOTICE OF REMOVAL from SUPREME COURT OF THE STATE OF NEW YORK, County of ROCKLAND. Case Number: 34070/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-17583052).Document filed by Nick Melchiorre, John Norton, Accurate Diagnostic Labs, Inc., Rupen Patel. (Attachments: #1 Exhibit All Filed Papers in the State Court Action)(Salloum, Christopher) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #3 MOTION for Christopher George Salloum to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17583365. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order;. 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.. (wb) |
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