Kirbaran v. Corporation
| Uma Kirbaran |
| Target Corporation |
| 1:2021cv08543 |
| October 18, 2021 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Barbara C Moses |
| P.I.: Other |
| 28 U.S.C. § 1441 pi |
| Defendant |
Docket Report
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Filing 10
NOTICE OF APPEARANCE by Michelle Jean-Jacques on behalf of Uma Kirbaran..(Jean-Jacques, Michelle)
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Filing 9
AFFIDAVIT OF SERVICE of Verified Answer and Order Regarding General Pre-Trial Management served on Plaintiff's Counsel Mark Linder on 11/18/2021. Service was made by E-mail and Mail. Document filed by Target Corporation..(Spitz, Alice)
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Filing 8
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: This Order replaces the Order at Dkt. No. 7. The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, pursuant to 28 U.S.C. 636(b)(1)(A). All pretrial motions and applications, including those related to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon- barbara-moses. Parties and counsel are cautioned: Once a discovery schedule has been issued, all discovery must be initiated in time to be concluded by the close of discovery set by the Court. Discovery applications, including letter-motions requesting discovery conferences, must be made promptly after the need for such an application arises and must comply with Local Civil Rule 37.2 and 2(b) of Judge Moses's Individual Practices. It is the Court's practice to decide discovery disputes at the Rule 37.2 conference, based on the parties' letters, unless a party requests or the Court requires more formal briefing. Absent extraordinary circumstances, discovery applications made later than 30 days prior to the close of discovery may be denied as untimely. For motions other than discovery motions, pre-motion conferences are not required, but may be requested where counsel believe that an informal conference with the Court may obviate the need for a motion or narrow the issues. Requests to adjourn a court conference or other court proceeding (including a telephonic court conference) or to extend a deadline must be made in writing and in compliance with 2(a) of Judge Moses's Individual Practices. Telephone requests for adjournments or extensions will not be entertained. In accordance with 1(d) of Judge Moses's Individual Practices, letters and letter- motions are limited to four pages, exclusive of attachments. If you are aware of any party or attorney who should receive notice in this action, other than those currently listed on the docket sheet, please notify Courtroom Deputy Kevin Snell at (212) 805-0228 immediately. Since plaintiff has not yet appeared in this removed action, counsel for the defendant must promptly serve a copy of its Answer (Dkt. No. 6), as well as a copy of this Order, on the plaintiff, and must file proof of such service with the Court. (Defendant need not serve a copy of the now-superseded Order at Dkt. No. 7.). PLEASE BE AWARE THAT, FOR THE DURATION OF THE COVID-19 NATIONAL EMERGENCY, UNLESS OTHERWISE ORDERED BY THE COURT: Conferences and Hearings. Court conferences and hearings may be conducted by teleconference, videoconference, or in person. Teleconferences are held on the Court's AT&T line. If a teleconference is scheduled, the parties are directed to call (888) 557-8511 and enter the access code 7746387 a few minutes before the scheduled time. Videoconferences are held using the Court's videoconferencing technology (Microsoft Teams) or (with the prior approval of the Court) such alternative videoconferencing technology as the parties agree upon and arrange. If the Court's technology is used, the Court will provide the link and further instructions in an email to counsel closer to the date of the conference. Please treat teleconferences and videoconferences as you would treat a public court appearance. If a conference or hearing in another matter is ongoing, please be silent (mute your line) until your case is called. In person conferences are held in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York. Remote Depositions. Pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), all depositions in this action may be taken via telephone, videoconference, or other remote means, and may be recorded by any reliable audio or audiovisual means. This Order does not dispense with the requirements set forth in Fed. R. Civ. P. 30(b)(5), including the requirement that, unless the parties stipulate otherwise, the deposition be "conducted before an officer appointed or designated under Rule 28," and that the deponent be placed under oath by that officer. For avoidance of doubt, a deposition will be deemed to have been conducted "before" an officer so long as that officer attends the deposition via the same remote means (e.g., telephone conference call or video conference) used to connect all other and so long as all participants (including the officer) can clearly hear and be heard by all other participants. So Ordered (Signed by Magistrate Judge Barbara C. Moses on 11/17/2021) (js)
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Filing 7
ORDER REGADING DISCOVERY SUPERVISION: The above-referenced action has been referred to Magistrate Judge Barbara Moses for discovery supervision, pursuant to 28 U.S.C. 636(b)(1)(A). All applications relating to discovery must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases and Emergency Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. Parties and counsel are cautioned: As set forth herein. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/12/2021) (ama)
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Filing 6
ANSWER to Complaint (Notice of Removal). Document filed by Target Corporation..(Spitz, Alice)
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Filing 5
ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Barbara C. Moses. SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/22/2021) (jca)
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NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge Edgardo Ramos is no longer assigned to the case. (aea)
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Filing 4
CIVIL COVER SHEET filed..(Spitz, Alice)
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Filing 3
NOTICE OF REMOVAL from Supreme Court of The State of New York, County of Bronx. Case Number: 811185/2021E..Document filed by Target Corporation. (Attachments: #1 Exhibit Summons & Complaint, #2 Exhibit Stipulation capping damages to $75,000 and Letter to Plaintiff's counsel).(Spitz, Alice)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Alice Spitz to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated October 1, 2020;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alice Spitz to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): the other Court information was omitted on the docket entry text; pursuant to Rule 13.3, exhibits must be labeled (i.e. Summons and Complaint). Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alice Spitz. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding); Fee Status code due (due);. The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court); the Fee Status code has been modified to pd (paid);. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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)
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Case Designated ECF. (jgo)
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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)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Spitz, Alice) Modified on 10/19/2021 (jgo).
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Filing 1
FILING ERROR - DEFICIENT PLEADING - DOCKET ENTRY ERROR - NOTICE OF REMOVAL (Filing Fee $ 402.00, Receipt Number ANYSDC-25206956).Document filed by Target Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B).(Spitz, Alice) Modified on 10/19/2021 (jgo).
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| Plaintiff: Uma Kirbaran | |
| Represented By: | Michelle Jean-Jacques |
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| Defendant: Target Corporation | |
| Represented By: | Alice Spitz |
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