Leon et al v. United Industries Corporation et al
| Carmelo Leon Jr. and Wanda Leon, Carmelo Leon Jr. and Wanda Leon |
| CUTTER, Spectrum Brands, Inc., Home Depot, U.S.A., Inc. and United Industries Corporation |
| 1:2021cv05174 |
| June 10, 2021 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 pi Diversity-Personal Injury |
| Both |
Docket Report
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Filing 46
ORDER granting #45 Letter Motion for Extension of Time to File Response/Reply re #45 FIRST LETTER MOTION for Extension of Time to File Response/Reply to Defendant's SJM addressed to Judge John G. Koeltl from Jonathan A. Tand dated 10/24/23. APPLICATION GRANTED. SO ORDERED.. (Signed by Judge John G. Koeltl on 10/25/2023) Responses due by 11/27/2023 Replies due by 12/7/2023. (ks)
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| Filing 45 FIRST LETTER MOTION for Extension of Time to File Response/Reply to Defendant's SJM addressed to Judge John G. Koeltl from Jonathan A. Tand dated 10/24/23. Document filed by Carmelo Leon Jr., Wanda Leon..(Tand, Jonathan) |
| Filing 44 MEMORANDUM OF LAW in Support re: #42 MOTION for Summary Judgment . . Document filed by Cutter, Spectrum Brands, Inc., United Industries Corporation..(Wheeler, Jason) |
| Filing 43 DECLARATION of Jason A. Wheeler in Support re: #42 MOTION for Summary Judgment .. Document filed by Cutter, Spectrum Brands, Inc., United Industries Corporation. (Attachments: #1 Exhibit 56.1 Statement of Uncontroverted Facts, #2 Exhibit A: Plaintiffs' Verified Complaint, #3 Exhibit B: Declaration of Michael Sarli, #4 Exhibit C: Declaration of Patrick Long, #5 Exhibit D: Alendra Leon Depo Excerpts, #6 Exhibit E: Carmelo Leon, Jr. Depo Excerpts, #7 Exhibit F: Wanda Leon Depo Excerpts, #8 Exhibit G: Howell Woods Depo Excerpts, #9 Exhibit H: Courtland Imel Depo Excerpts, #10 Exhibit I: Declaration of Bob Moss, #11 Exhibit J: Declaration of Younus Shah, #12 Exhibit K: Plaintiffs' Expert Disclosure, #13 Exhibit L: Report of Courtland Imel).(Wheeler, Jason) |
| Filing 42 MOTION for Summary Judgment . Document filed by Cutter, Spectrum Brands, Inc., United Industries Corporation. Responses due by 10/27/2023.(Wheeler, Jason) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Pre-Motion Conference held on 9/14/2023. (Fletcher, Donnie) |
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Filing 41
ORDER granting #39 Letter Motion for Leave to File Document. The defendants are directed to file any motion for summary judgment by October 6, 2023. The plaintiffs must respond by October 27, 2023. The defendants must reply by November 7, 2023. (Signed by Judge John G. Koeltl on 9/14/2023) (ate)
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| Set/Reset Deadlines: Motions due by 10/6/2023. Responses due by 10/27/2023. Replies due by 11/7/2023. (ate) |
| Filing 40 NOTICE OF APPEARANCE by Matthew B. Nevola on behalf of United Industries Corporation..(Nevola, Matthew) |
| Filing 39 LETTER MOTION for Leave to File Motion for Summary Judgment addressed to Judge John G. Koeltl from Jason Wheeler dated 09/05/2023. Document filed by Spectrum Brands, Inc., United Industries Corporation. Return Date set for 9/8/2023 at 12:00 AM..(Wheeler, Jason) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Pre-Motion Conference set for 9/14/2023 at 02:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
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Filing 38
ORDER granting #37 Letter Motion for Extension of Time( Motions due by 10/13/2023.); granting #37 Letter Motion for Conference re: #37 LETTER MOTION for Extension of Time addressed to Judge John G. Koeltl from Jason Wheeler dated 08/11/2023. LETTER MOTION for Conference in advance of filing dispositive motion addressed to Judge John G. Koeltl from Jason Wheeler dated 08/11/2023. Pre-Motion Letter due 9/5/23. Response Due 9/8/23. Pre-Motion Conference: 9/14/23 at 2:30 P.M. Summary Motion due 10/13/23. So Ordered. ( Pre-Motion Conference set for 9/14/2023 at 02:30 PM before Judge John G. Koeltl.). (Signed by Judge John G. Koeltl on 8/11/2023) (ate)
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| Filing 37 LETTER MOTION for Extension of Time addressed to Judge John G. Koeltl from Jason Wheeler dated 08/11/2023., LETTER MOTION for Conference in advance of filing dispositive motion addressed to Judge John G. Koeltl from Jason Wheeler dated 08/11/2023. Document filed by Spectrum Brands, Inc., United Industries Corporation..(Wheeler, Jason) |
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Filing 36
MEMO ENDORSEMENT on re: #35 Proposed Order for Withdrawal of Attorney filed by United Industries Corporation, Spectrum Brands, Inc. ENDORSEMENT: SO ORDERED. Attorney Steven Roderick Aquino terminated. (Signed by Judge John G. Koeltl on 8/10/2023) (ate)
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| Filing 35 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Spectrum Brands, Inc., United Industries Corporation..(Aquino, Steven) |
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Filing 34
MEMO ENDORSEMENT on re: #33 Notice of Substitution of Attorney, filed by Home Depot, U.S.A., Inc. ENDORSEMENT: The substitution of attorney is hereby approved and so ORDERED. (Signed by Judge John G. Koeltl on 8/9/2023) (ate)
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| Filing 33 NOTICE of Substitution of Attorney. Old Attorney: Michael Nathan Giacopelli, New Attorney: Michael Nathan Giacopelli, Address: Parsky & Galloway, LLC, One Liberty Plaza, 165 Broadway, New York, NY, United States 10006, 19735204340. Document filed by Home Depot, U.S.A., Inc...(Giacopelli, Michael) |
| Filing 32 NOTICE of Substitution of Attorney. Old Attorney: Michael N. Giacopelli, McVey & Parsky, LLC, New Attorney: Michael N. Giacopelli, Parsky & Galloway, LLC, Address: Parsky & Galloway, LLC, 466 Southern Boulevard, Washington Bldg, 1st Floor, Chatham, NJ, United States 07928, 9735204340. Document filed by Home Depot, U.S.A., Inc...(Giacopelli, Michael) |
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Filing 31
ORDER granting #30 Letter Motion for Extension of Time to Complete Discovery. Application granted. Joint pre-trial order due 9/23/23 or 21 days after a decision on any dispositive motion. Ready trial, 48 hours' notice, 21 days after the submission of the joint pre-trial order. SO ORDERED.. (Signed by Judge John G. Koeltl on 3/3/2023) (ks)
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| Set/Reset Deadlines: Deposition due by 7/21/2023. Fact Discovery due by 7/31/2023. Motions due by 8/31/2023. Pretrial Order due by 9/23/2023. (ks) |
| Filing 30 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John G. Koeltl from Jonathan A. Tand dated 3/2/23. Document filed by Carmelo Leon Jr., Wanda Leon..(Tand, Jonathan) |
| Filing 29 NOTICE OF APPEARANCE by Steven Roderick Aquino on behalf of Spectrum Brands, Inc., United Industries Corporation..(Aquino, Steven) |
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Filing 28
ORDER: granting #27 Letter Motion for Extension of Time to Complete Discovery. Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 11/02/2022) (ama)
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| Filing 27 THIRD LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John G. Koeltl from Jonathan A. Tand dated November 2, 2022. Document filed by Carmelo Leon Jr., Wanda Leon..(Tand, Jonathan) |
| Set/Reset Deadlines: Deposition due by 3/31/2023. Fact Discovery due by 3/3/2023. Motions due by 4/17/2023. Pretrial Order due by 5/17/2023. (ama) |
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Filing 26
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge John G. Koeltl on 9/15/2022) (tg)
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| Filing 25 PROPOSED PROTECTIVE ORDER. Document filed by Spectrum Brands, Inc., United Industries Corporation..(Gordon, David) |
| Filing 24 NOTICE OF APPEARANCE by Jonathan A Tand on behalf of Carmelo Leon Jr., Wanda Leon..(Tand, Jonathan) |
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Filing 23
ORDER granting #22 Letter Motion for Extension of Time to Complete Discovery. Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 7/12/2022) (jca)
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| Set/Reset Deadlines: Deposition due by 11/14/2022. Discovery due by 12/14/2022. Motions due by 1/17/2023. Pretrial Order due by 2/17/2023. (jca) |
| Filing 22 SECOND LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John G. Koeltl from ALAN S. RIPKA dated 07/12/2022. Document filed by Carmelo Leon Jr...(Ripka, Alan) |
| Filing 21 NOTICE OF APPEARANCE by Alan Seth Ripka on behalf of Wanda Leon..(Ripka, Alan) |
| Filing 20 NOTICE OF APPEARANCE by Alan Seth Ripka on behalf of Carmelo Leon Jr...(Ripka, Alan) |
| Filing 19 NOTICE OF APPEARANCE by Jason Wheeler on behalf of Spectrum Brands, Inc., United Industries Corporation..(Wheeler, Jason) |
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time to Complete Discovery. Application granted. SO ORDERED. Deposition due by 9/12/2022. Discovery due by 10/13/2022. Motions due by 11/14/2022. Joint Pretrial Order due by 12/2/2022. (Signed by Judge John G. Koeltl on 3/11/2022) (tg) Modified on 3/11/2022 (tg).
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| Filing 17 FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John G. Koeltl from David Pretter dated March 8, 2022. Document filed by Carmelo Leon Jr., Wanda Leon..(Pretter, David) |
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Filing 16
MEMO ENDORSEMENT: on re: #15 Letter filed by United Industries Corporation, Spectrum Brands, Inc. ENDORSEMENT: The conference scheduled for 8/10/21 is canceled in view of the scheduling order entered on 6/30/21. SO ORDERED. (Signed by Judge John G. Koeltl on 7/14/2021) (ama)
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| Filing 15 LETTER addressed to Judge John G. Koeltl from David Gordon dated 07/13/2021 re: Initial Conference Scheduled For August 10, 2021. Document filed by Spectrum Brands, Inc., United Industries Corporation..(Gordon, David) |
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Filing 14
SCHEDULING ORDER Joint Pre-Trial Order Due: 9/2/22, or 21 days after decision of any dispositive motion. Ready-Trial, 48 hours notice, 14 days after submission of the Joint-Pre-Trial Order. Amended Pleadings due by 10/4/2021. Joinder of Parties due by 10/4/2021. Motions due by 8/12/2022. Deposition due by 6/13/2022. Discovery due by 7/13/2022. Pretrial Order due by 9/2/2022. (Signed by Judge John G. Koeltl on 6/30/2021) (ate) Modified on 7/8/2021 (ate).
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| Filing 13 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Spectrum Brands, Inc., United Industries Corporation..(Gordon, David) |
| Filing 12 NOTICE OF APPEARANCE by David J. Pretter on behalf of Carmelo Leon Jr., Wanda Leon..(Pretter, David) |
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Filing 11
ORDER: The parties should submit a Rule 26(f) report by July 2, 2021. SO ORDERED. (Signed by Judge John G. Koeltl on 6/17/2021) (mml)
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| Filing 10 ANSWER to Complaint. Document filed by United Industries Corporation..(Gordon, David) |
| Filing 9 ANSWER to Complaint. Document filed by Spectrum Brands, Inc...(Gordon, David) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference set for 8/10/2021 at 02:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) |
| NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Naomi Reice Buchwald is no longer assigned to the case..(wb) |
| Filing 8 NOTICE OF APPEARANCE by Michael Nathan Giacopelli on behalf of Home Depot, U.S.A., Inc...(Giacopelli, Michael) |
| Filing 7 NOTICE OF APPEARANCE by Meagan M Kelly on behalf of Home Depot, U.S.A., Inc...(Kelly, Meagan) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent United Industries Corporation for United Industries Corporation. Document filed by United Industries Corporation..(Gordon, David) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Spectrum Brands, Inc. for Spectrum Brands, Inc.. Document filed by Spectrum Brands, Inc...(Gordon, David) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENTS - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David B. Gordon to RE-FILE Documents #2 Rule 7.1 Corporate Disclosure Statement and #3 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file these documents 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David B. Gordon. The party information for the following party/parties has been modified: Carmelo Leon Jr.Wanda Leon; CUTTER. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly. (vf) |
| Magistrate Judge James L. Cott 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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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..(vf) |
| Case Designated ECF. (vf) |
| Filing 4 CIVIL COVER SHEET filed..(Gordon, David) |
| Filing 3 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by United Industries Corporation..(Gordon, David) Modified on 6/11/2021 (lb). |
| Filing 2 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Spectrum Brands, Inc...(Gordon, David) Modified on 6/11/2021 (lb). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Bronx. Case Number: 805357/2021E. (Filing Fee $ 402.00, Receipt Number ANYSDC-24659218).Document filed by United Industries Corporation, Spectrum Brands, Inc.. (Attachments: #1 Exh A - Leon v Spectrum Brands Inc Complaint, #2 Exh B - Leon v. UI_5.21.21 Email to D. Pretter re Plf demand, #3 Exh C - Leon v. UI_6.3.21 Email from HD Counsel, #4 Exh D- Home Depot's Answer to the Complaint e-filed 5.13.21).(Gordon, David) |
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