Shuler v. Hess Retail Stores LLC et al
| Patrick Shuler |
| Speedway LLC, Hess Retail Stores LLC and Speedway |
| 1:2021cv02078 |
| March 10, 2021 |
| US District Court for the Southern District of New York |
| Sidney H Stein |
| P.I.: Other |
| 28 U.S.C. § 1446 nr Notice of Removal |
| None |
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Filing 20
STIPULATION OF DISCONTINUANCE WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for all the parties to the above entitled action, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee and no person not a party has an interest in the subject matter of the action, the above entitled action be, and the same hereby is discontinued with prejudice, as against HESS RETAIL STORES LLC and SPEEDWAY, without costs to either party as against the other pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. This stipulation and an Order to that effect may be entered without further notice with the Clerk of the Court. SO ORDERED. (Signed by Judge Sidney H. Stein on 12/7/2021) (jca)
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| Filing 19 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Hess Retail Stores LLC, Speedway and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Patrick Shuler. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Hamel, William) |
| ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #19 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Sidney H. Stein for approval for the following reason(s): the voluntary dismissal is requesting other relief. (km) |
| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Patrick Shuler. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Hamel, William) Modified on 12/3/2021 (dt). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Hamel, William. RE-FILE Document No. #18 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong party/parties whom the voluntary dismissal is against was/were selected;. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against (select the individual names of the Defendants, not all defendants- and attach the correct signed (scanned signature image) PDF. (dt) |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Patrick Shuler. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Hamel, William) Modified on 12/2/2021 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney William Hamel. RE-FILE Document No. #17 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong party/parties whom the voluntary dismissal is against was/were selected. When refiling, select each individual defendant's name that is being dismissed from the action. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km) |
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time to Complete Discovery. SO ORDERED: The next conference remains at January 7, 2022 at 10AM. No further adjournments. (Signed by Judge Sidney H. Stein on 10/18/2021) (mml)
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| Filing 15 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Sidney H. Stein from Daniel Furshpan dated October 18, 2021. Document filed by Hess Retail Stores LLC, Speedway..(Furshpan, Daniel) |
| Set/Reset Deadlines: Deposition due by 12/15/2021. Discovery due by 3/28/2022. Expert Discovery due by 2/28/2022. (mml) |
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Filing 14
ORDER granting #13 Letter Motion for Extension of Time to Complete Discovery. The request to extend the deadlines is granted as set forth in this letter. The December 3 conference is adjourned to January 7, 2022, at 10:00 a.m. So Ordered. ( Deposition due by 11/5/2021. Discovery due by 2/28/2022.) (Signed by Judge Sidney H. Stein on 9/27/21) (yv)
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| Set/Reset Deadlines: ( Expert Discovery due by 1/28/2022.), Set/Reset Hearings:( Status Conference set for 1/7/2022 at 10:00 AM before Judge Sidney H. Stein.) (yv) |
| Filing 13 FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Sidney H. Stein from Daniel E. Furshpan dated September 27, 2021. Document filed by Hess Retail Stores LLC, Speedway..(Furshpan, Daniel) |
| Set/Reset Hearings: Status Conference set for 12/3/2021 at 10:00 AM before Judge Sidney H. Stein. (nb) |
| Minute Entry for proceedings held before Judge Sidney H. Stein: Initial Conference held by telephone 0n 6/25/2021. Counsel for all parties participated. (lab) |
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Filing 12
ORDER: IT IS HEREBY ORDERED that: 1. The parties shall exchange initial disclosures on or before July 30, 2021; 2. Interrogatories and requests to produce documents shall be served by August 30, 2021. The responses shall be served prior to depositions; 3. Non expert depositions shall be held on or before September 30, 2021; 4. The last day for fact discovery is October 31, 2021; 6. There will be a status conference on December 3, 2021, at 10:00 a.m. ; 5. The last day for expert discovery is December 20, 2021; and 7. The last day for completion of all discovery is January 31, 2022., (Deposition due by 9/30/2021., Discovery due by 1/31/2022., Expert Discovery due by 12/20/2021., Fact Discovery due by 10/31/2021., Status Conference set for 12/20/2021 at 10:00 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 6/25/2021) (nb)
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| Filing 11 PROPOSED SCHEDULING ORDER. Document filed by Patrick Shuler..(Hamel, William) |
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Filing 10
ORDER FOR INITIAL PRETRIAL CONFERENCE: An initial pretrial conference pursuant to Fed. R. Civ. P. 16 is scheduled via teleconference for June 25, 2021, at 10:00 a.m. The parties shall dial 888-273-3658 and use access code 7004275 to join the teleconference. Initial Conference set for 6/25/2021 at 10:00 AM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 6/9/2021) (nb)
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| Filing 9 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SEI Speedway Holdings, LLC for Speedway. Document filed by Speedway..(Furshpan, Daniel) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Daniel Furshpan to RE-FILE Document #8 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
| Filing 8 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Speedway..(Furshpan, Daniel) Modified on 5/26/2021 (lb). |
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Filing 7
ORDER granting #6 Motion for William R. Hamel to Appear Pro Hac Vice (HEREBY ORDERED by Judge Sidney H. Stein)(Text Only Order) (lab)
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| Filing 6 FIRST MOTION for William R. Hamel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24567862. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Patrick Shuler. (Attachments: #1 Text of Proposed Order Pro Hac Vice).(Hamel, William) |
| Filing 5 NOTICE OF APPEARANCE by William R. Hamel on behalf of Patrick Shuler..(Hamel, William) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 FIRST MOTION for William R. Hamel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24567862. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Furshpan. The party information for the following party/parties has been modified: Speedway LLC. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Furshpan. 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Sidney H. Stein. 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) |
| Case Designated ECF. (jgo) |
| 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. (jgo) |
| Filing 4 NOTICE OF APPEARANCE by Jacqueline Mecchella Bushwack on behalf of Speedway LLC..(Bushwack, Jacqueline) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate MPC Investment LLC, Other Affiliate Marathon Petroleum Corporation for Speedway LLC. Document filed by Speedway LLC..(Furshpan, Daniel) |
| Filing 2 CIVIL COVER SHEET filed..(Furshpan, Daniel) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 28698/2020E. (Filing Fee $ 402.00, Receipt Number ANYSDC-24231584).Document filed by Speedway LLC. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Answer, #3 Exhibit C - Bill of Particulars, #4 Exhibit D - Plaintiff's Response to Supplemental Demand, #5 Exhibit E - Certificate of Merger).(Furshpan, Daniel) |
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