Rochez et al v. BJ'S Wholesale Club, Inc.
| Herman Rochez and Magdalena Rochez |
| BJ'S Wholesale Club, Inc. |
| 1:2020cv03066 |
| April 16, 2020 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| P.I.: Other |
| 28 U.S.C. § 1332 pi |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 28, 2021. A more recent docket listing may be available from PACER.
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Filing 22
REPORT OF RULE 26(f) MEETING AND CASE MANAGEMENT PLAN: The parties anticipate that this case will be ready for trial by July 26, 2021. The parties anticipate that the trial of this case will require 2-3 days. The parties do consent to a trial before a Magistrate Judge at this time. The parties request a jury trial. Amended Pleadings due by 6/24/2020. Responses due by 7/24/2020 Fact Discovery due by 2/24/2021. Expert Discovery due by 1/24/2021. Discovery due by 2/24/2021. Ready for Trial by 7/26/2021. The parties may consensually extend interim deadlines without Court approval so long as discovery is completed by February 24, 2021. The parties shall file a joint letter with the Court as to the status of discovery no later than Monday, August 10, 2020. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 5/13/2020) (js)
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| Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephonic Initial Pretrial Conference held on 5/13/2020. (kl) |
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Filing 21
ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE: An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held on Wednesday, May 13, 2020 at 11:00 a.m. In light of recent public health developments, the conference shall be conducted by telephone. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765- 0479) and enter access code 6489745. So Ordered. Initial Conference set for 5/13/2020 at 11:00 AM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 4/28/2020) (js)
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Filing 20
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE: by BJ'S Wholesale Club, Inc., Herman Rochez, Magdalena Rochez. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Stewart D. Aaron. It Is ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/27/2020) (ama)
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| Filing 19 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE of Consent to refer to magistrate. Document filed by BJ'S Wholesale Club, Inc.(Sophocleous, Demetra) Modified on 4/27/2020 (dt). |
| Filing 18 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by BJ'S Wholesale Club, Inc...(Sophocleous, Demetra) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Demetra Sophocleous to E-MAIL Document No. #19 to Judgments@nysd.uscourts.gov Notice, Consent to a Magistrate. This document is not filed via ECF. (dt) |
| Filing 17 RULE 26 DISCLOSURE.Document filed by BJ'S Wholesale Club, Inc.. (Attachments: #1 Exhibit Statement of Luis Diaz, #2 Exhibit Declaration page).(Sophocleous, Demetra) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BJ's Wholesale Club Holdings, Inc. for BJ'S Wholesale Club, Inc.. Document filed by BJ'S Wholesale Club, Inc...(Sophocleous, Demetra) |
| Transmission to Case Assignment Clerk. Transmitted re: #10 Amended Civil Case Administrative Closing Order,,,,, to the Case Assignment Clerk for preparation of notice of case assignment/reassignment..(gp) |
| NOTICE OF CASE REASSIGNMENT to Judge Naomi Reice Buchwald. Judge Colleen McMahon is no longer assigned to the case. (laq) |
| Magistrate Judge Stewart D. Aaron 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. (laq) |
| Filing 15 NOTICE of of Removal from State Court re: #14 Notice of Removal,. Document filed by BJ'S Wholesale Club, Inc...(Sophocleous, Demetra) |
| Filing 14 NOTICE OF REMOVAL from Suprem Court, County of Bronx. Case Number: 23761/2020..Document filed by BJ'S Wholesale Club, Inc.. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Verified Answer, #3 Exhibit Demand pursuant to CPLR 3017(c), #4 Exhibit Plaintiff's response to defendant's demand).(Sophocleous, Demetra) |
| Filing 13 NOTICE OF APPLICATION TO REOPEN CASE: Pursuant to Amended Standing Order (15-MC-131):. The deficiency(ies) has been cured and the party(ies) seek to reopen the civil case..(Sophocleous, Demetra) |
| Filing 12 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF REMOVAL from Suprem Court, County of Bronx. Case Number: 23761/2020..Document filed by BJ'S Wholesale Club, Inc...(Sophocleous, Demetra) Modified on 4/23/2020 (jgo). |
| Filing 11 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PETITION NOTICE OF REMOVAL FROM STATE COURT..Document filed by BJ'S Wholesale Club, Inc.. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Verified Answer, #3 Exhibit Demand pursuant to CPLR 3017(c), #4 Exhibit Plaintiff's response to defendant's demand).(Sophocleous, Demetra) Modified on 4/23/2020 (jgo). |
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Filing 10
AMENDED CASE OPENING ADMINISTRATIVE CLOSING ORDER: New civil actions filed electronically that contain the following deficiencies may be administratively closed without prejudice and summonses may not be issued unless the deficiency is corrected within five (5) days of electronic transmission by the Clerk of a Notice of Deficient Filing: The case initiating document contains the wrong document - an illegible or unreadable document or no document.. Where a new civil action is administratively closed for a reason listed above and the party cures the deficiency within 60 days of the case closing, the party should seek to reopen the case by electronically filing a Notice of Application to Reopen Case through the ECF system. Such Notice shall describe the efforts to cure the deficiency and seek to reopen the case. The Clerk shall review such Notice and, if the deficiency is satisfactorily cured, reopen and randomly reassign the case. Applications to reopen such administratively closed cases filed after 60 days of closing must proceed by motion. Administrative Reopening due by 6/22/2020. (Signed by Judge Colleen McMahon on 3/7/17) (gp)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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..(gp) |
| Case Designated ECF. (gp) |
| Filing 9 RULE 26 DISCLOSURE.Document filed by Herman Rochez, Magdalena Rochez..(Falkoff, Steven) |
| Filing 8 CIVIL COVER SHEET filed..(Sophocleous, Demetra) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Demetra Sophocleous. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 2 (Citizen of Another State); County code Bronx; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Demetra Sophocleous to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Demetra Sophocleous to RE-FILE Document No. #2 Petition (Other),. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct;. 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 4/22/2020. (pc) |
| Filing 7 NOTICE OF APPEARANCE by Robert Edward Brann on behalf of BJ'S Wholesale Club, Inc...(Brann, Robert) |
| Filing 6 NOTICE OF APPEARANCE by Demetra Sophocleous on behalf of BJ'S Wholesale Club, Inc...(Sophocleous, Demetra) |
| Filing 5 PROPOSED STIPULATION AND ORDER. Document filed by Herman Rochez, Magdalena Rochez..(Falkoff, Steven) |
| Filing 4 DEMAND for Trial by Jury. Document filed by Herman Rochez, Magdalena Rochez.(Falkoff, Steven) |
| Filing 3 NOTICE OF APPEARANCE by Steven Craig Falkoff on behalf of Herman Rochez, Magdalena Rochez..(Falkoff, Steven) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - PETITION NOTICE OF REMOVAL FROM STATE COURT. (Filing Fee $ 400.00, Receipt Number ANYSDC-19468601).Document filed by BJ'S Wholesale Club, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit).(Sophocleous, Demetra) Modified on 4/17/2020 (pc). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - NOTICE OF REMOVAL from Suprem Court, County of Bronx. Case Number: 23761/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-19468478).Document filed by BJ'S Wholesale Club, Inc...(Sophocleous, Demetra) Modified on 4/17/2020 (pc). |
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