Smith v. Bath & Body Works, Inc.
| Dorothy Smith |
| Bath & Body Works, Inc. and Bath & Body Works, LLC |
| 1:2022cv03629 |
| May 4, 2022 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| P.I.: Other |
| 28 U.S.C. § 1332 pi Diversity-Personal Injury |
| Plaintiff |
Docket Report
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Filing 12
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan and Scheduling Order is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). The parties have not conferred pursuant to Fed. R. Civ. P. 26(f). Settlement discussions have not taken place. All counsel must meet in person for at least one hour to discuss settlement within fourteen (14) days following the close of fact discovery. This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 1 week. Motions due by 7/9/2022. Deposition due by 11/21/2022. Fact Discovery due by 10/7/2022. Expert Discovery due by 11/21/2022. Pretrial Conference set for 10/13/2022 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. The Court will not hold an initial pretrial conference in this matter. The parties should note the date of the next pretrial conference on the previous page. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jesse M. Furman on 6/3/2022) (jca)
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| Filing 11 NOTICE OF APPEARANCE by Crystal S Chung on behalf of Bath & Body Works, LLC..(Chung, Crystal) |
| Filing 10 PROPOSED CASE MANAGEMENT PLAN. Document filed by Bath & Body Works, LLC. (Attachments: #1 Exhibit Proposed Case Management Plan).(Yin, Mony) |
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Filing 9
ORDER: In light of the COVID-19 situation, the Court will not hold the upcoming conference in this case in person. Counsel should submit their proposed case management plan and joint letter by the Thursday prior to the conference, as directed in the Court's earlier Scheduling Order. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. In either case, counsel should review and comply with the procedures for telephone conferences set forth in the Court's Individual Rules and Practices for Civil Cases, available at https://nysd. uscourts.gov/hon-jesse-m-furman.SO ORDERED. (Signed by Judge Jesse M. Furman on 5/31/2022) (vfr)
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Filing 8
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... IT IS HEREBY STIPULATED AND AGREED, pursuant to the Court's Local Rules, parties' discussion and Rule 26(c) of the Federal Rules of Civil Procedure that: as further set forth herein. This stipulation binds the parties to treat as confidential the documents so classified. This Court, however, has not reviewed the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court's Individual Rules and Practices and subject to the presumption in favor of public access to "judicial documents." See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). To that end, the Court does not "so order" any provision to the extent that it purports to authorize the parties to file documents under seal without a prior court order. See New York ex rel. Khurana v. Spherion Corp., No. 15-CV-6605 (JMF), 2019 WL 3294170 (S.D.N.Y. July 19, 2019). IT IS SO ORDERED. (Signed by Judge Jesse M. Furman on 5/25/2022) (kv)
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| Filing 7 PROPOSED PROTECTIVE ORDER. Document filed by Bath & Body Works, LLC..(Yin, Mony) |
| Filing 6 DEMAND for Trial by Jury. Document filed by Dorothy Smith.(Kenny, Richard) |
| Filing 5 AMENDED COMPLAINT against Bath & Body Works, LLC.Document filed by Dorothy Smith..(Kenny, Richard) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 6/15/2022.(ah) |
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Filing 4
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation should take place as soon as possible. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 5/16/2022. (Signed by Judge Jesse M. Furman on 5/5/2022) (kv)
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| Filing 3 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/9/2022 at 11:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 5/5/2022) (kv) |
| Filing 2 CIVIL COVER SHEET filed..(Yin, Mony) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Mony B.P. Yin. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mony B.P. Yin. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 2 (Citizen of Another State); County code New York. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to XX Out of State. (vf) |
| Magistrate Judge Robert W. Lehrburger 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 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..(vf) |
| Case Designated ECF. (vf) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York County of New York, County of New York. Case Number: 152644 / 2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26102355).Document filed by Bath & Body Works, Inc.. (Attachments: #1 Exhibit A, State Court Pleadings, #2 Exhibit B, Affidavit, #3 Exhibit C, Notice of State Court Removal).(Yin, Mony) |
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