Piotrowicz v. Techtronic Industries North America, Inc. et al
| Arkadiusz Piotrowicz |
| Home Depot U.S.A, Inc., Techtronic Industries North America, Inc., One World Technologies, Inc. and Ryobi Technologies, Inc. |
| 1:2019cv11522 |
| December 17, 2019 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Analisa Torres |
| Tort Product Liability |
| 28 U.S.C. § 1332 pl |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 42
ORDER granting #41 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference previously scheduled for March 24, 2020, is hereby ADJOURNED to April 7, 2020, at 10:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. (Initial Conference set for 4/7/2020 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 2/10/2020) (rro)
|
|
Filing 41
FIRST LETTER MOTION to Adjourn Conference (Initial Pretrial Conference) on March 24, 2020 addressed to Judge Katherine Polk Failla from Jesse M. Minc, Plaintiffs' Counsel dated February 7, 2020. Document filed by Arkadiusz Piotrowicz..(Minc, Jesse)
|
|
Filing 40
FIRST LETTER addressed to Judge Katherine Polk Failla from Jesse M. Minc, Plaintiffs' Counsel dated February 6, 2020 re: Proof of Service of Notice of Initial Pretrial Conference and Individual Rules and Practices. Document filed by Arkadiusz Piotrowicz..(Minc, Jesse)
|
|
Filing 39
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/24/2020 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla and further set forth in this Order. (Signed by Judge Katherine Polk Failla on 2/3/2020) (rro)
|
|
Filing 38
STIPULATION AND ORDER REGARDING CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...This confidentiality agreement does not bind the Court or any of its personnel. The Court will retain jurisdiction over the terms and conditions of this agreement only for the pendency of this litigation. Any party wishing to make redacted or sealed submissions shall comply with Rule 6(A) of this Court's Individual Rules of Civil Procedure. (Signed by Judge Katherine Polk Failla on 1/22/2020) (mro)
|
|
Filing 37
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - JOINT MOTION for Confidentiality Order via Parties' Stipulation (Letter). Document filed by Home Depot U.S.A, Inc., One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc..(Vignali, Rosario) Modified on 2/6/2020 (ldi).
|
|
Filing 36
MEMO ENDORSEMENT: on re: #35 Letter, filed by Techtronic Industries North America, Inc., Home Depot U.S.A, Inc., Ryobi Technologies, Inc., One World Technologies, Inc. ENDORSEMENT: Application DENIED. The Court has carefully reviewed the parties' submissions on Defendants' motion for reconsiderationon its motion to transfer this case to the White Plains Courthouse. (See Dkt. # 33, 34). The motion for transfer is DENIED. Rule 18(a)(i)-(ii) of the Division of Business Among District Judges states that a case "shall be designated for assignment to White Plains if" the claim arose in whole or in part in the Northern Counties of the Southern District of New York, which include the Counties of Dutchess, Orange, Putnam, Rockland, Sullivan and Westchester. The claim in this case arose in Ulster County, which is part of the Northern District of New York. Rule 18(a)(i)-(ii) is thus inapplicable to this case. Defendants concede that "sections (i) and (ii) of Rule 18 are not available to the Court for purposes of designating this matter for assignment to White Plains." (Dkt. #33 at 2). Rule 18(a)(iii)-(iv) states that a case may be designated for assignment to White Plains if the claim arose outside this district and at least some of the parties reside in the Northern Counties; or at least half of the parties reside in the Northern Counties. Defendants argue that these subsections are relevant because they are residents of the NorthernCounties. Defendants Techtronic Industries North America, Inc., One World Technologies, Inc. and Ryobi Technologies, Inc. are Delaware and/or South Carolina corporations with their principal place of business in South Carolina or Maryland. They claim that they are residents of the Northern Counties by virtue of the federal venue statute, 28 U.S.C. 1391(d). The federal venue statute states that when a state has more than one judicial district and that state has personal jurisdiction over a corporation, the corporation shall be deemed to reside in any district in that state within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate state. The statute deems corporations, like Defendants, to be deemed residents of this district. It does not make them residents of the NorthernCounties within this district. Defendants are not "residents" of the Northern Counties any more so than they are residents of Manhattan. Defendants reading of the federal venue statute, to force this case within the parameters of Rule 18(a)(iii)-(iv) is so strained as to be unreasonable. Further, the Court notes, as have many district courts faced with similar motions that the introduction to the Rules for The Division of Business Among District Judges states that suchrules are "for the internal management of the case load of the court and shall not be deemed to vest any rights in litigants or their attorneys[.]" See, e.g., Estate of Meimaris v. Royce, No. 18 Civ. 4363 (GBD) (BCM), 2018 WL 4360776, at *3 (S.D.N.Y. Aug. 22, 2018); Ginsberg v. Valhalla Anesthesia Associates, P.C., 171 F.R.D. 159, 159-60 (S.D.N.Y. 1997); Schutty v. Pino, No. 95 Civ. 1526 (LMM), 1995 WL 396589, at *1 (S.D.N.Y. July 6, 1995). Accordingly, Defendants' motion is DENIED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/16/2020) (ama)
|
|
Filing 35
LETTER addressed to Judge Katherine Polk Failla from Rosario M. Vignali dated Jan. 16, 2020 re: Leave to Submit Reply. Document filed by Home Depot U.S.A, Inc., One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc..(Vignali, Rosario)
|
|
Filing 34
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Jesse M. Minc dated January 14, 2020 re: #33 MOTION for Reconsideration re; #30 Order on Motion to Transfer Case,, (via Letter). Opposition to Motion for Reconsideration of Denial of Transfer to White Plains. Document filed by Arkadiusz Piotrowicz. (Minc, Jesse)
|
|
Filing 33
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Reconsideration re; #30 Order on Motion to Transfer Case,, (via Letter). Document filed by Home Depot U.S.A, Inc., One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc..(Vignali, Rosario) Modified on 2/4/2020 (ldi).
|
|
Filing 32
ORDER granting #31 Motion for Reconsideration. Application GRANTED. Defendants may file a letter brief of no more than three pages, single-spaced, on or before January 9, 2020. Plaintiff may file a response letter of no more than three pages, single-spaced, on or before January 16, 2020. (Signed by Judge Katherine Polk Failla on 1/2/2020) (rro)
|
|
Set/Reset Deadlines: Brief due by 1/9/2020. Responses to Brief due by 1/16/2020 (rro)
|
|
Filing 31
MOTION for Reconsideration re; #30 Order on Motion to Transfer Case,, (via Letter). Document filed by Home Depot U.S.A, Inc., One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc..(Vignali, Rosario)
|
|
Filing 30
MEMO ENDORSEMENT on #29 denying #25 Motion to Transfer Case.The Court is in receipt of Defendants' letter motion to reassign this case to White Plains (Dkt. #25), and Plaintiff's opposition thereto (Dkt. #29). For the reasons outlined by Plaintiff above,including the location of his current treating medical providers,and his current physical condition and residency, the motion to transfer this case to White Plains is DENIED. (Signed by Judge Katherine Polk Failla on 12/30/2019) (rro) Modified on 1/2/2020 (rro).
|
|
Filing 29
LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine Polk Failla from Jesse M. Minc dated December 23, 2019 re: #25 MOTION to Transfer Case to White Plains (via Letter). Opposition to Motion to Transfer to White Plains. Document filed by Arkadiusz Piotrowicz. (Attachments: #1 Affidavit Plaintiff's Affidavit, #2 Affidavit Affidavit of Pitor Piotrowicz, #3 Affidavit Affidavit of Krystyna Piotrowicz, #4 Affidavit Affidavit of Jeffrey Goldman, #5 Affidavit Affidavit of Lisa Randleman, #6 Exhibit Medical, EMS & Police Records)(Minc, Jesse)
|
|
Filing 28
MEMO ENDORSEMENT on re: #27 Letter, filed by Techtronic Industries North America, Inc., Home Depot U.S.A, Inc., Ryobi Technologies, Inc., One World Technologies, Inc. ENDORSEMENT: Application DENIED. The Court will order Defendants to reply to Plaintiff's letter if and when the Court determines that a reply is necessary. (Signed by Judge Katherine Polk Failla on 12/23/2019) (ne)
|
|
Filing 27
LETTER addressed to Judge Katherine Polk Failla from Rosario M. Vignali dated Dec. 23, 2019 re: Leave to File Reply. Document filed by Home Depot U.S.A, Inc., One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc..(Vignali, Rosario)
|
|
Filing 26
ORDER with respect to #25 Motion to Transfer Case. Plaintiff is ORDERED to respond to Defendants' letter requesting transfer to the White Plains Courthouse on or before December 27, 2019. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/19/2019) (kv)
|
|
Set/Reset Deadlines: Responses due by 12/27/2019 (kv)
|
|
Filing 25
MOTION to Transfer Case to White Plains (via Letter). Document filed by Home Depot U.S.A, Inc., One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc..(Vignali, Rosario)
|
|
NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Analisa Torres is no longer assigned to the case. (wb)
|
|
Filing 24
CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:19-cv-05973. Original file certified copy of transfer order and docket entries received. (sjo)
|
|
Case Designated ECF. (sjo)
|
|
Magistrate Judge Barbara C. Moses 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sjo)
|
|
NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
|
|
Filing 23
Stipulation of Transfer pursuant to 28 U.S.C. 1404(a). The seven-day waiting period under the Local Rules is waived. So Ordered by Judge Brian M. Cogan on 12/16/2019. (Lee, Tiffeny) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 22
Joint MOTION to Change Venue (Via Letter) and other Relief by Home Depot USA, Inc., One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc.. (Vignali, Rosario) [Transferred from New York Eastern on 12/17/2019.]
|
|
Case transferred to Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Lee, Tiffeny) [Transferred from New York Eastern on 12/17/2019.]
|
|
ORDER denying as moot #18 Motion to Change Venue, since the parties have agreed to a stipulated disposition of the motion (which the Court will enter shortly). Ordered by Judge Brian M. Cogan on 12/16/2019. (Cogan, Brian) [Transferred from New York Eastern on 12/17/2019.]
|
|
ORDER. The Initial Status Conference previously set for 12/16/2019 is adjourned sine die pending a resolution of defendant's Motion to Change Venue. Ordered by Judge Brian M. Cogan on 12/11/2019. (Weisberg, Peggy) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 21
STATUS REPORT (Joint) by Home Depot USA, Inc., One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc. (Vignali, Rosario) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 20
MEMORANDUM in Support re #18 MOTION to Change Venue filed by Home Depot USA, Inc., One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc.. (Vignali, Rosario) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 19
AFFIDAVIT/AFFIRMATION re #18 MOTION to Change Venue and in Support Thereof by Home Depot USA, Inc., One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc. (Attachments: #1 Exhibit Police Report, #2 Exhibit Rescue Squad Report, #3 Exhibit Plaintiff's Rule 26 Automatic Disclosures, #4 Exhibit Statistical Analysis) (Vignali, Rosario) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 18
MOTION to Change Venue by Home Depot USA, Inc., One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc.. (Vignali, Rosario) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 17
ANSWER to #16 Amended Complaint by Home Depot USA, Inc., One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc.. (Vignali, Rosario) [Transferred from New York Eastern on 12/17/2019.]
|
|
Minute Entry and Order for Pre-motion Conference held on 11/22/2019 before Judge Brian M. Cogan. Counsel for both sides present. By 12/6/2019, defendant shall move to transfer venue; opposition by 12/20/2019; reply by 12/27/2019. The parties are directed to proceed promptly with discovery. See transcript for details (Court Reporter: Sophie Nolan.) (Weisberg, Peggy) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 16
AMENDED COMPLAINT against All Defendants, filed by Arkadiusz Piotrowicz. (Minc, Jesse) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 15
Letter Response to Defendants Request for Pre-Motion Conference to Transfer Venue and Request to Amend Caption Complaint (Minc, Jesse) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 14
SUMMONS Returned Executed by Arkadiusz Piotrowicz. One World Technologies, Inc. served on 11/5/2019, answer due 11/26/2019; Ryobi Technologies, Inc. served on 11/5/2019, answer due 11/26/2019. (Attachments: #1 Affidavit of Service) (Wolff, Robert) [Transferred from New York Eastern on 12/17/2019.]
|
|
ORDER granting #15 plaintiff's motion to amend the case caption. Plaintiff can otherwise amend the complaint as a matter of course at this point in time. In addition, since this letter seeks relief from the Court, it should have been designated as an ECF event Letter "Motion". Do not refile the letter. Ordered by Judge Brian M. Cogan on 11/15/2019. (Weisberg, Peggy) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 13
NOTICE of Appearance by Robert H. Wolff on behalf of Arkadiusz Piotrowicz (aty to be noticed) (Wolff, Robert) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 12
SUMMONS Returned Executed by Arkadiusz Piotrowicz. Home Depot USA, Inc. served on 11/5/2019, answer due 11/26/2019; Techtronic Industries North America, Inc. served on 10/29/2019, answer due 11/19/2019. (Attachments: #1 Affidavit of Service) (Minc, Jesse) [Transferred from New York Eastern on 12/17/2019.]
|
|
SCHEDULING ORDER: Plaintiff is directed to file a detailed response to defendants' #11 letter by 11/18/2019. A Premotion Conference on defendants' proposed motion to transfer venue is scheduled for 11/22/2019 at 11:00 am in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 11/12/2019. (Weisberg, Peggy) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 11
Letter Requesting Pre-Motion Conference by Home Depot USA, Inc., One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc. (Vignali, Rosario) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 10
ANSWER to #1 Complaint, by Home Depot USA, Inc., One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc.. (Vignali, Rosario) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 9
Corporate Disclosure Statement by Home Depot USA, Inc., One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc. identifying Corporate Parent Home Depot Inc. for Home Depot USA, Inc.; Corporate Parent Techtronic Industries Co. Ltd. for Techtronic Industries North America, Inc.. (Vignali, Rosario) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 8
NOTICE of Appearance by Rosario M. Vignali on behalf of Home Depot USA, Inc., One World Technologies, Inc., Ryobi Technologies, Inc., Techtronic Industries North America, Inc. (aty to be noticed) (Vignali, Rosario) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 7
SCHEDULING ORDER: Initial Status Conference is set for 12/16/2019 at 4:30 PM in Chambers 704S. SEE ATTACHED MANDATORY REQUIREMENTS FOR THE CONFERENCE. Ordered by Judge Brian M. Cogan on 10/29/2019. (Weisberg, Peggy) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 6
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Main Document 6 replaced on 10/28/2019) (Bowens, Priscilla). [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 5
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 4
Summons Issued as to All Defendants. (Bowens, Priscilla) [Transferred from New York Eastern on 12/17/2019.]
|
|
Case assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 3
Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, by Arkadiusz Piotrowicz (Attachments: #1 Proposed Summons) (Minc, Jesse) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 2
NOTICE of Appearance by Jesse Michael Minc on behalf of Arkadiusz Piotrowicz (notification declined or already on case) (Minc, Jesse) [Transferred from New York Eastern on 12/17/2019.]
|
|
Filing 1
COMPLAINT Plaintiff Piotrowicz against All Defendants filing fee $ 400, receipt number ANYEDC-11973567 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Arkadiusz Piotrowicz. (Attachments: #1 Proposed Summons) (Minc, Jesse) [Transferred from New York Eastern on 12/17/2019.]
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
