Green v. ESRT 112 West 34th Street, L.P. et al
| Joel Green |
| ESRT 112 West 34th Street, L.P. and Target Corporation |
| 1:2023cv05925 |
| July 11, 2023 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| P.I.: Other |
| 28 U.S.C. § 1441 nr Notice of Removal |
| Defendant |
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Filing 18
ORDER SCHEDULING TELEPHONE CONFERENCE: This case has been referred to me for settlement purposes (docket no.17). A telephone conference will be held on Wednesday, October 4, 2023 at 12:30p.m. in advance of a settlement conference. The parties are directed to review Judge Parker's Individual Practices at http://nysd.uscourts.gov/judge/Parker concerning settlement conferences in advance of the call. Counsel for the parties are directed to call Judge Parker's Chambers court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 10/4/2023 at 12:30 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 8/8/2023) (vfr)
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| ***DELETED DOCUMENT. Deleted document number #18 ORDER SCHEDULING TELEPHONE CONFERENCE. The document was incorrectly filed in this case - Document deleted by Chambers - to be refiled (ca) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephonic Initial Pretrial Conference held on 8/7/2023. (ajs) |
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Filing 17
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Katharine H. Parker. Counsel for plaintiff is directed to contact the Magistrate Judge's chambers to schedule a settlement conference on a mutually agreeable date at such time that the parties agree a conference would be useful. (Signed by Judge Paul A. Engelmayer on 8/7/2023) (kv)
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Filing 16
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Fed. R. Civ. P. 26()(3). All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). 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 3-4 days.Deposition due by 11/3/2023. Fact Discovery due by 12/5/2023. Expert Discovery due by 1/19/2024. Case Management Conference set for 1/12/2024 at 11:00 AM before Judge Paul A. Engelmayer. (And as further set forth herein.) SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/7/2023) (jca)
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| Filing 15 NOTICE OF APPEARANCE by Albert Cohen on behalf of Joel Green..(Cohen, Albert) |
| Filing 14 STATUS REPORT. Joint Letter and Proposed Case Management Plan to be So Ordered Document filed by ESRT 112 West 34th Street, L.P., Target Corporation..(DeLuca, Sal) |
| Filing 13 LETTER addressed to Judge Paul A. Engelmayer from Sal F. DeLuca dated 07/25/2023 re: Court Order dated July 12, 2023. Document filed by ESRT 112 West 34th Street, L.P., Target Corporation..(DeLuca, Sal) |
| Filing 12 CERTIFICATE OF SERVICE of Jury Demand served on Plaintiff on 07/25/2023. Service was made by Mail. Document filed by ESRT 112 West 34th Street, L.P., Target Corporation..(DeLuca, Sal) |
| Filing 11 DEMAND for Trial by Jury. Document filed by ESRT 112 West 34th Street, L.P., Target Corporation.(DeLuca, Sal) |
| Filing 10 CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference served on Plaintiff on 07/24/23. Service was made by Mail. Document filed by ESRT 112 West 34th Street, L.P., Target Corporation..(DeLuca, Sal) |
| Filing 9 CERTIFICATE OF SERVICE of Rule 7.1 Statement served on Plaintiff on 07/20/2023. Service was made by Mail. Document filed by ESRT 112 West 34th Street, L.P., Target Corporation..(DeLuca, Sal) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Empire State Realty Trust, Inc. for ESRT 112 West 34th Street, L.P.. Document filed by ESRT 112 West 34th Street, L.P., Target Corporation..(DeLuca, Sal) |
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound(#) key. (And as further set forth herein.) SO ORDERED. Initial Conference set for 8/7/2023 at 11:00 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 7/12/2023) (jca)
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| Filing 6 CIVIL COVER SHEET filed..(DeLuca, Sal) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Sal F. DeLuca. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #2 Notice of Removal,. Filing fee $ 402.00. Pay.gov receipt number ANYSDC-27982414, paid on 7/11/2023..(jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Sal F. DeLuca to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF was not properly signed by the attorney;. 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) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Katharine H. Parker 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) |
| Filing 5 CERTIFICATE OF SERVICE of Rule 7.1 Disclosure served on Plaintiff on 07/11/2023. Service was made by Mail. Document filed by ESRT 112 West 34th Street, L.P., Target Corporation..(DeLuca, Sal) |
| Filing 4 CERTIFICATE OF SERVICE of Notice of Removal, Exhibits and Civil Cover Sheet served on Plaintiff on 07/11/2023. Service was made by Mail. Document filed by ESRT 112 West 34th Street, L.P., Target Corporation..(DeLuca, Sal) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(DeLuca, Sal) Modified on 7/12/2023 (jgo). |
| Filing 2 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 151795/2023..Document filed by Target Corporation, ESRT 112 West 34th Street, L.P.. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Target's Verified Answer, #3 Exhibit ESRT's Verified Answer, #4 Exhibit Plaintiff's Demand for Relief).(DeLuca, Sal) |
| Filing 1 FILING ERROR - DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ESRT 112 West 34th Street, L.P., Target Corporation..(DeLuca, Sal) Modified on 7/11/2023 (kj). Modified on 7/11/2023 (kj). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Sal F. DeLuca to RE-FILE Document No. #1 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): 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 listing all names and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. (kj) |
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