Metzker v. Whole Foods Market, Inc.
| Jean A. Metzker |
| Whole Foods Market, Inc. |
| 1:2020cv05259 |
| July 9, 2020 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| P.I.: Other |
| 28 U.S.C. ยง 1332 ct |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 10, 2020. A more recent docket listing may be available from PACER.
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| Filing 12 STIPULATION TO LIMIT DAMAGES AND REMAND TO STATE COURT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys of record for the respective parties hereto that the plaintiffs damages shall be limited to no more than $75,000.00, exclusive of interest and costs, if any, and it is further, STIPULATED TO AND AGREED that plaintiff shall not take any verdict or judgment in excess of $75,000.00, exclusive of interest and costs, if any; and it is further STIPULATED TO AND AGREED that this matter be remanded to the Supreme Court of the State of New York, County of Kings; and is it is further STIPULATED AND AGREED that this Stipulation to limit damages shall apply in the Supreme Court, State of New York; and it is further STIPULATED AND AGREED that plaintiff's counsel has the authority and approval of the plaintiff, Jean A. Metzker, to enter into this stipulation and to bind the plaintiff accordingly. The parties have agreed that the Court does not have subject-matter jurisdiction over this case. Thus, the Clerk of Court is directed to remand the case to the Supreme Court of the State of New York in New York County without delay and to close this case. (Signed by Judge Gregory H. Woods on 8/10/2020) (mro) Transmission to Docket Assistant Clerk for processing. |
| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 22 1000 5094 on 8/11/2020. (mro) |
| Filing 11 PROPOSED STIPULATION AND ORDER. Document filed by Whole Foods Market, Inc...(Levine, Mitchell) |
| Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 7/30/2020. (Daniels, Anthony) |
Filing 10
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 28 U.S.C. 636(c). Motions due by 3/12/2021. Deposition due by 11/30/2020. Fact Discovery due by 12/30/2020. Expert Discovery due by 2/12/2021. The parties expect that this cse is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is three days. Status Conference set for 2/26/2021 at 04:00 PM before Judge Gregory H. Woods. So Ordered. (Signed by Judge Gregory H. Woods on 7/30/20) (yv)
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| Filing 9 PROPOSED CASE MANAGEMENT PLAN. Document filed by Jean A. Metzker..(Filippazzo, Stefano) |
| Filing 8 NOTICE OF APPEARANCE by Stefano A. Filippazzo on behalf of Jean A. Metzker..(Filippazzo, Stefano) |
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Filing 7
ORDER. The Court's order dated July 12, 2020, Dkt No. 4, directed the parties to submit a joint letter and proposed case management plan no later than July 23, 2020. That date has passed, and the parties have submitted neither document. The parties are directed to comply with the Court's order forthwith. Counsel for Plaintiff is also directed to enter a notice of appearance in this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/24/20) (yv)
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Filing 6
ORDER: The Court's order dated July 12, 2020, Dkt No. 4, directed the parties to submit a joint letter and proposed case management plan no later than July 23, 2020. That date has passed, and the parties have submitted neither document. The parties are directed to comply with the Court's order forthwith. Counsel for Plaintiff is also directed to enter a notice of appearance in this case. (Signed by Judge Gregory H. Woods on 7/24/2020) (mro)
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| Filing 5 DEMAND for Trial by Jury. Document filed by Jean A. Metzker.(Filippazzo, Stefano) |
| Filing 4 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/30/2020 at 04:30 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (Signed by Judge Gregory H. Woods on 7/12/2020) (mro) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mitchell B. Levine. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 380 (Personal Property: Other); Citizenship Defendant code 2 (Citizen of Another State);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 360 (P.I.: Other); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State);. (jgo) |
| 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 #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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mitchell B. Levine. The party information for the following party/parties has been modified: Jean A. Metzke; Whole Foods Market, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo) |
| Magistrate Judge Kevin Nathaniel Fox 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 3 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Whole Foods Market, Inc...(Levine, Mitchell) |
| Filing 2 CIVIL COVER SHEET filed..(Levine, Mitchell) |
| Filing 1 NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 162215/2019..Document filed by Whole Foods Market, Inc.. (Attachments: #1 Exhibit A-S&C, #2 Exhibit B-AOS via SOS, #3 Exhibit C-Ans & AOS, #4 Exhibit D-Request to Admit, #5 Exhibit E-BOP from Plaintiff, #6 Exhibit F-NYS DOS, #7 Affidavit AOS for Notice of Removal).(Levine, Mitchell) |
| Civil Case Opening Fee Payment: for #1 Notice of Removal,. Filing fee $ 400.00, receipt number ANYSDC-20618613..(Levine, Mitchell) |
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| Plaintiff: Jean A. Metzker | |
| Represented By: | Stefano A. Filippazzo |
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| Defendant: Whole Foods Market, Inc. | |
| Represented By: | Mitchell B. Levine |
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