M.S. et al v. Burlington Coat Factory of Texas, Inc.
| ABDULWALI SALEH, M.S., an infant under the age of 14 years, by his father and natural guardian ABUDLWALI SALEH and M.S. |
| BURLINGTON COAT FACTORY WAREHOUSE CORPORATION and Burlington Coat Factory of Texas, Inc. |
| 1:2020cv10776 |
| December 21, 2020 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| P.I.: Other |
| 28 U.S.C. § 1332 pi |
| None |
Docket Report
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Filing 12
STIPULATION TO DISMISS DEFENDANT, BURLINGTON COAT FACTORY WAREHOUSE CORPORATION AND TO ADD BURLINGTON COAT FACTORY OF TEXAS, INC. AS A DEFENDANT: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys of record for the Plaintiffs and Defendant, in the above-captioned matter, that Plaintiffs Verified Complaint be Amended to Dismiss Defendant, Burlington Coat Factory Warehouse Corporation, without prejudice. IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys of record for the Plaintiffs and Defendant, in the above-captioned matter, that Plaintiffs Verified Complaint be Amended to name Burlington Coat Factory of Texas, Inc. as a Defendant in the above-captioned matter. IT IS HEREBY STIPULATED AND AGREED, that Jonathan J. Greystone, Esquire, accepts service of the Verified Complaint in the instant case on behalf of Defendant, Burlington Coat Factory of Texas, Inc. IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys of record for the Plaintiffs and Defendant, in the above-captioned matter, that pursuant to Federal Rule of Civil Procedure 12(a)(1)(A), Defendant, Burlington Coat Factory of Texas, Inc. is substituted for Defendant, Burlington Coat Factory Warehouse Corporation, as the Answering Defendant to Plaintiffs Complaint together with Affirmative Defenses in Docket Entry ("DE") 4, adopting all of the responses contained in DE 4 as its own response to Plaintiffs Verified Complaint with the following Amendments to DE 4 as follows: Paragraphs "9", "13", "20" and "24" of Plaintiffs Complaint are Admitted; and Paragraph "58" of DE 4 is withdrawn. IT IS FURTHER STIPULATED AND AGREED, that the caption shall now read as follows: as further set forth in this Order. SO ORDERED. (Signed by Judge John G. Koeltl on 2/16/2021) Burlington Coat Factory of Texas, Inc. added. Burlington Coat Factory Warehouse Corporation terminated. (ks)
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| Filing 11 JOINT MOTION to Amend/Correct #4 Answer to Complaint . Document filed by Burlington Coat Factory Warehouse Corporation..(Greystone, Jonathan) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/8/2021..(ah) |
| Filing 10 NOTICE OF APPEARANCE by Lisa Joy Stone on behalf of Abdulwali Saleh..(Stone, Lisa) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Scheduling Conference held on 1/26/2021. (Fletcher, Donnie) |
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Filing 9
MEMO ENDORSEMENT on SCHEDULING ORDER on re: #6 Rule 26(f) Discovery Plan Report filed by Burlington Coat Factory Warehouse Corporation, ENODRSEMENT: Completion of Fact Discovery: May 28, 2021; Complete Expert Discovery: July 30, 2021; Dispositive Motion Deadline: June 18, 2021; Joint pretrial order due by July 9, 2021 or 21 days after decision of any dispositive motion. Ready Trial 48 hours notice, 14 days after submission of Joint pre-trial order. SO ORDERED. (Signed by Judge John G. Koeltl on 1/26/2021) ( Expert Discovery due by 7/30/2021., Fact Discovery due by 5/28/2021., Motions due by 6/18/2021., Pretrial Order due by 7/9/2021.) (ks)
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Filing 8
MEDIATION REFERRAL ORDER: It is ordered that this case is referred for mediation to the Court's Alternative Dispute Resolution program of mediation. Local Rule 83.9 shall govern the mediation, and the parties are directed to participate in the mediation in good faith and report to the Court on the status within 7 days of the conclusion of the mediation. 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 2/5/2021. (Signed by Judge John G. Koeltl on 1/26/2021) (kv)
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| Filing 7 RULE 26 DISCLOSURE.Document filed by M.S., Abdulwali Saleh..(Stone, Lisa) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference set for 1/26/2021 at 04:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| Filing 6 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Burlington Coat Factory Warehouse Corporation..(Greystone, Jonathan) |
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Filing 5
ORDER: The parties should submit a Rule 26(f) report by January 8, 2021. (Signed by Judge John G. Koeltl on 12/28/2020) (jwh)
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| Filing 4 ANSWER to Complaint. Document filed by Burlington Coat Factory Warehouse Corporation..(Greystone, Jonathan) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Burlington Stores, Inc. for Burlington Coat Factory Warehouse Corporation. Document filed by Burlington Coat Factory Warehouse Corporation..(Greystone, Jonathan) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan Justin Greystone. The following case opening statistical information was erroneously selected/entered: County code Bronx;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #1 Notice of Removal. Filing fee $ 402.00. Pay.gov receipt number ANYSDC-23132990, paid on 12/21/2020..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan Justin Greystone. The party information for the following party/parties has been modified: M.S., an infant under the age of 14 years, by his father and natural guardian ABUDLWALI SALEH; ABDULWALI SALEH; BURLINGTON COAT FACTORY WAREHOUSE CORPORATION. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party name was modified to add party text separately. (jgo) |
| Magistrate Judge Sarah Netburn 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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) |
| Filing 2 CIVIL COVER SHEET filed..(Greystone, Jonathan) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Bronx. Case Number: 33746/2020E..Document filed by BURLINGTON COAT FACTORY WAREHOUSE CORPORATION. (Attachments: #1 Exhibit A).(Greystone, Jonathan) |
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