Mackey v. CVS Corporation
| Andrew Mackey |
| CVS Corporation |
| 1:2021cv00305 |
| January 13, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| P.I.: Other |
| 28 U.S.C. ยง 1331 cr |
| Defendant |
Docket Report
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Filing 8
ORDER OF DISMISSAL: The Court was advised by Defense counsel on January 29, 2021, that all claims asserted in this case have been settled. In light of that, it is ORDERED that the above-entitled action be and is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within sixty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed by the aforementioned deadline; any application to reopen filed thereafter may be denied solely on that basis. Further, requests to extend the deadline to reopen are unlikely to be granted. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences, including the conference scheduled for February 3, 2021, are canceled. Defense counsel shall mail a copy of this Order to Plaintiff at 91Tulip Avenue NB2, Floral Park, NY 11001 and docket proof of such service by February 2, 2021. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/01/2021) (ama)
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE IN PRO SE ACTION: This case has been assigned to me for all purposes. It is hereby ORDERED that all parties appear via telephone for an initial pretrial conference with the Court on February 3, 2021 at 3:00 p.m., by calling the Court's dedicated conference call line at (888) 363-4749, using access code 542-1540 followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) All parties must familiarize themselves with the Court's Individual Rules, including the Court's Emergency Individual Rules and Practices in Light of COVID-19, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. And as set forth herein. Within two days of the date of this Order, defense counsel shall mail a copy of this Order to Plaintiff and file proof of such service on ECF. SO ORDERED. Initial Conference set for 2/3/2021 at 03:00 PM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 1/20/2021) (ama)
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| Filing 6 NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 156913/2020..Document filed by CVS Corporation. (Attachments: #1 Exhibit Exhibit A- Plaintiff's Complaint).(Frost, Erin) |
| Filing 5 ANSWER to Complaint with JURY DEMAND. Document filed by CVS Corporation. (Attachments: #1 Affidavit Affidavit of Service).(Frost, Erin) |
| Case Designated ECF. (sj) |
| 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. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(sj) |
| Filing 4 AFFIDAVIT OF SERVICE. Document filed by CVS Corporation..(Frost, Erin) |
| Filing 3 CIVIL COVER SHEET filed..(Frost, Erin) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CVS Pharmacy Inc., Other Affiliate CVS Albany LLC for CVS Corporation. Document filed by CVS Corporation..(Frost, Erin) |
| Filing 1 NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 156913/2020. (Filing Fee $ 402.00, Receipt Number ANYSDC-23495817).Document filed by CVS Corporation. (Attachments: #1 Exhibit Exhibit A- Plaintiff's Summons).(Frost, Erin) |
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| Petitioner: Andrew Mackey | |
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| Respondent: CVS Corporation | |
| Represented By: | Erin Roach Frost |
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