Cedeno Jimenez v. CVS Pharmacy et al
| Victoria Cedeno Jimenez |
| CVS Pharmacy and CVS Albany, LLC |
| 1:2023cv05039 |
| June 15, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| P.I.: Other |
| 28 U.S.C. § 1332 nr Diversity: Notice of Removal |
| Plaintiff |
Docket Report
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Filing 15
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: 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). Any motion to amend or to join additional parties shall be filed within 45 days from the date of this Order. Counsel for the parties believe the following alternative dispute resolution mechanisms may be helpful in resolving this case: Other: Referral to private mediation after close of fact discovery. SO ORDERED. Expert Deposition due by 1/22/2024. Fact Discovery due by 12/8/2023. Expert Discovery due by 1/22/2024. Pretrial Conference set for 12/15/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 8/11/2023) (tg)
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| Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 8/11/2023. Attorney Eric Gottfried present for the plaintiff. Attorney Robert Shea present for the defendants. Court Reporter Steve Greenblum present. (anc) |
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Filing 14
MEMO ENDORSEMENT on re: #13 Pre-Conference Statement filed by Victoria Cedeno Jimenez. ENDORSEMENT: The parties are ordered to appear for the previously-scheduled initial pretrial conference on Friday, August 11, 2023, at 10:00 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. SO ORDERED. ( Initial Conference set for 8/11/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 8/8/2023) (tg)
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| Filing 13 FIRST PRE-CONFERENCE STATEMENT JOINT on BEHALF ALL PARTIES. Document filed by Victoria Cedeno Jimenez..(Gottfried, Eric) |
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Filing 12
MEMO ENDORSEMENT on re: #11 Letter, filed by Victoria Cedeno Jimenez. ENDORSEMENT: Although Plaintiff states that she did not receive the Court's Order scheduling the initial pretrial conference, the Order was filed on the docket on June 20, 2023, and Plaintiff's counsel appeared three days later. Dkts. 5, 8. Plaintiff's counsel has had a month and a half to review the docket in this case and prepare the pre-conference submissions. Plaintiff's counsel is admonished to be more careful in following the Court's orders and deadlines going forward; the Court will not be so understanding in the future. Both parties are also admonished that, in the event that they are unable to comply with a Court- ordered deadline, they must request an extension in accordance with the Undersigned's Individual Practices; it is not sufficient to simply state that they will not comply with a previously-ordered deadline. The parties are ordered to file the joint letter and proposed case management plan described at Dkt. 5 not later than 5:00 P.M. on August 7, 2023. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/3/2023) (tg)
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| Filing 11 LETTER addressed to Judge Valerie E. Caproni from Eric J. Gottfried, Esq. dated August 3, 2023 re: Response to Cullen Dykman's Submission Advising of Joint Status Letter and Civil Case Management Plan and Scheduling Order. Document filed by Victoria Cedeno Jimenez..(Ross, Matthew) |
| Filing 10 LETTER addressed to Judge Valerie E. Caproni from Robert C. Shea, Esq. dated 8/3/2023 re: Civil Case Management Plan and Joint Status Letter. Document filed by CVS Albany, LLC..(Shea, Robert) |
| Filing 9 DEMAND for Trial by Jury. Document filed by Victoria Cedeno Jimenez.(Gottfried, Eric) |
| Filing 8 NOTICE OF APPEARANCE by Eric Jason Gottfried on behalf of Victoria Cedeno Jimenez..(Gottfried, Eric) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CVS Pharmacy, Inc. for CVS Albany, LLC, CVS Pharmacy. Document filed by CVS Albany, LLC, CVS Pharmacy..(Shea, Robert) |
| Filing 6 NOTICE OF APPEARANCE by Robert Christopher Shea on behalf of CVS Albany, LLC, CVS Pharmacy..(Shea, Robert) |
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: In accordance with Rule 16 of the Federal Rules of Civil Procedure, the Initial Pretrial Conference (IPTC) will be held on August 11, 2023, at 10:00 a.m. The IPTC will be held in Courtroom 443 of the Thurgood Marshall United States Courthouse, located at 40 Foley Square, New York, New York 10007. The parties are directed to submit a joint letter (the Joint Letter) of no more than five pages by August 3, 2023 addressing each of the following in separate paragraphs as further set forth in this Order. SO ORDERED. (Initial Conference set for 8/11/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 6/20/23) (yv)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Erin Roach Frost. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to Bronx. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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) |
| 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 Designated ECF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Erin Roach Frost to RE-FILE Document No. #2 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added; the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here # NYSD form page (lb) |
| Filing 4 ANSWER to Complaint with JURY DEMAND. Document filed by CVS Albany, LLC, CVS Pharmacy. (Attachments: #1 Affidavit Affidavit of Service).(Frost, Erin) |
| Filing 3 CIVIL COVER SHEET filed. (Attachments: #1 Affidavit Affidavit of Service).(Frost, Erin) |
| Filing 2 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by CVS Albany, LLC, CVS Pharmacy. (Attachments: #1 Affidavit Affidavit of Service).(Frost, Erin) Modified on 6/16/2023 (lb). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court/Bronx County, County of 80799/2023E. Case Number: 80799/2023E. (Filing Fee $ 402.00, Receipt Number ANYSDC-27878321).Document filed by CVS Albany, LLC, CVS Pharmacy. (Attachments: #1 Exhibit Exhibit A, #2 Affidavit Affidavit of Service).(Frost, Erin) |
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