Figueroa v. Home Depot U.S.A., Inc.
| Pedro Figueroa |
| Home Depot U.S.A., Inc. |
| 1:2021cv06274 |
| July 23, 2021 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| P.I.: Other |
| 28 U.S.C. ยง 1446 pi |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 14, 2022. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Judge J. Paul Oetken: Initial Pretrial Conference held on 9/7/2021. Status letter due by 1/14/2022. (bh) |
Filing 14
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United Sates Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Settlement discussions have taken place. The parties have not conferred pursuant to Fed. R. Civ. P. 26(f). This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 7 days. The parties shall file a joint status letter on or before January 14, 2022. This Order may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein ( except as provided in paragraph 6(f) and 7(d)) shall be made in a written application in accordance with Court's Individual Practices and shall be made no less than two (2) business days prior to the expiration of the date sought to be extended. So Ordered. Expert Deposition due by 2/22/2022. Depositions 1/7/2022 Fact Discovery due by 1/7/2022. Expert Discovery due by 2/22/2022. (Signed by Judge J. Paul Oetken on 9/7/2021) (js)
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| Filing 13 PROPOSED CASE MANAGEMENT PLAN. Document filed by Pedro Figueroa..(Domina, Dino) |
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Filing 12
ORDER: THE PARTIES ARE REMINDED THAT THE PROPOSED CASE MANAGEMENT PLAN WAS DUE THREE DAYS BEFORE THE INITIAL CONFERENCE SCHEDULED FOR SEPTEMBER 7 -- I.E., ONE BUSINESS DAY FROM TODAY. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (Oetken, J.)
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| Filing 11 NOTICE OF APPEARANCE by Amneet Mand on behalf of Home Depot U.S.A., Inc...(Mand, Amneet) |
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Filing 10
ORDER: Counsel for all parties are directed to appear telephonically for an initial pretrial conference with the Court on September 7, 2021, at 2:15 p.m. Counsel should call (888) 557- 8511 at the scheduled time. The access code is 9300838. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. Media and the public may join but are instructed to place their phones on mute. So Ordered. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Fed. R. Civ. P. 16 conference. Counsel are further directed to use the Court's Civil Case Management Plan and Scheduling Order form (the "Form") to jointly prepare a detailed written proposed schedule for any motions and discovery. Counsel should type entries into this Form using a copy of the Form available at https://nysd.uscourts.gov/hon-j-paul-oetken. The parties shall submit a copy of the completed Form at least three business days prior to the date of the conference. So Ordered. Initial Conference set for 9/7/2021 at 02:15 PM before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 8/23/2021) (js)
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| Filing 9 DEMAND for Trial by Jury. Document filed by Pedro Figueroa.(Domina, Dino) |
| Filing 8 NOTICE OF APPEARANCE by Dino Joseph Domina on behalf of Pedro Figueroa..(Domina, Dino) |
| Filing 7 AFFIDAVIT OF SERVICE of Letter regarding Judge J. Paul Oetken's Court Orders served on Dino Domina, Esq. on August 16, 2021. Service was accepted by Dino Domina. Service was made by Email. Document filed by Home Depot U.S.A., Inc...(Montgomery, Steven) |
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ORDER: ON JULY 28, 2021, THIS COURT ORDERED COUNSEL FOR PLAINTIFF TO APPEAR BY AUGUST 11, 2021 AND FOR DEFENDANT TO SERVE SUCH ORDER BY AUGUST 5, 2021. PLAINTIFF HAS NOT APPEARED AND NO SERVICE IS RECORDED ON THE DOCKET. IF NEITHER ACTION OCCURS BY AUGUST 19, 2021, THE COURT MAY DISMISS THIS CASE. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (nd)
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Filing 6
ORDER: This case was removed from New York Supreme Court, Bronx County, on July 23, 2021. (Dkt. No. 1.) Counsel for the plaintiff is directed to file an appearance with this Court no later than August 11, 2021. Counsel for the defendant shall serve a copy of this order on counsel for the plaintiff by August 5, 2021. (Signed by Judge J. Paul Oetken on 7/28/2021) (cf)
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| NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge Analisa Torres is no longer assigned to the case. (vba) |
| Filing 5 NOTICE OF APPEARANCE by Manuel Palaguachi on behalf of Home Depot U.S.A., Inc...(Palaguachi, Manuel) |
| Filing 4 NOTICE OF APPEARANCE by David M. Pollack on behalf of Home Depot U.S.A., Inc...(Pollack, David) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(pc) |
| Magistrate Judge Sarah L. Cave 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Home Depot, Inc. for Home Depot U.S.A., Inc.. Document filed by Home Depot U.S.A., Inc...(Montgomery, Steven) |
| Filing 2 CIVIL COVER SHEET filed..(Montgomery, Steven) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Bronx. Case Number: 31968/2020E. (Filing Fee $ 402.00, Receipt Number ANYSDC-24834951).Document filed by Home Depot U.S.A., Inc.. (Attachments: #1 Exhibit Exhibit A - Summons and Complaint, #2 Exhibit Exhibit B - Proof of Service, #3 Exhibit Exhibit C - Home Depot's Answer to Complaint, #4 Exhibit Exhibit D - Home Depot's Demand for a Bill of Particulars and Combined Demands/Notice for Discovery and Inspection, #5 Exhibit Exhibit E - Home Depot's Demand for Supplemental Statement of Damages, #6 Exhibit Exhibit F - Plaintiff's Verified Bill of Particulars, #7 Exhibit Exhibit G - Email from Plaintiff's Counsel re Demand Request).(Montgomery, Steven) |
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| Plaintiff: Pedro Figueroa | |
| Represented By: | Dino Joseph Domina |
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| Defendant: Home Depot U.S.A., Inc. | |
| Represented By: | Steven Richard Montgomery |
| Represented By: | Amneet Mand |
| Represented By: | David M. Pollack |
| Represented By: | Manuel Palaguachi |
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