Brice v. Costo Wholesale Corporation et al
| Walter Brice |
| Costo Wholesale Corporation and Alvin Claudio |
| 1:2023cv07857 |
| September 5, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Gregory H Woods |
| P.I.: Other |
| 28 U.S.C. § 1441 nr Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 28, 2024. A more recent docket listing may be available from PACER.
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Filing 31
CERTIFICATE OF SERVICE of bound copies of defendants' opposition papers in accordance to court rules served on Rothstein Law PLLC on October 20, 2023. Service was made by MAIL. Document filed by Alvin Claudio, Costo Wholesale Corporation..(Hannon, Ian)
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Filing 30
REPLY MEMORANDUM OF LAW in Support re: #22 MOTION to Remand to State Court . . Document filed by Walter Brice. (Attachments: #1 Exhibit Email to defense counsel).(Rothstein, Eric)
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Filing 29
MEMORANDUM OF LAW in Opposition re: #22 MOTION to Remand to State Court . . Document filed by Alvin Claudio, Costo Wholesale Corporation..(Hannon, Ian)
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Filing 28
CERTIFICATE OF SERVICE of Declaration in Opposition to Motion to Remand, Supporting Exhibits and Memorandum of Law in Opposition to Plaintiff's Motion to Remand served on Rothstein Law PLLC on October 18, 2023. Service was made by ECF. Document filed by Alvin Claudio, Costo Wholesale Corporation..(Hannon, Ian)
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Filing 27
DECLARATION of Ian E. Hannon in Opposition re: #22 MOTION to Remand to State Court .. Document filed by Alvin Claudio, Costo Wholesale Corporation. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Affidavit, #3 Exhibit timesheet, #4 Exhibit email).(Hannon, Ian)
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Filing 26
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 9/21/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 25
TRANSCRIPT of Proceedings re: CONFERNECE held on 9/21/2023 before Judge Gregory H. Woods. Court Reporter/Transcriber: George Malinowski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/3/2023. Redacted Transcript Deadline set for 11/13/2023. Release of Transcript Restriction set for 1/11/2024..(McGuirk, Kelly)
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Filing 24
MEMORANDUM OF LAW in Support re: #22 MOTION to Remand to State Court . . Document filed by Walter Brice..(Rothstein, Eric)
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Filing 23
DECLARATION of Walter Brice in Support re: #22 MOTION to Remand to State Court .. Document filed by Walter Brice..(Rothstein, Eric)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney FILING ERROR - DEFICIENT DOCKET ENTRY - to RE-FILE Document #22 MOTION to Remand to State Court .. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents); Use Memorandum of Law in Support of Motion and Declaration in Support of Motion found under the Event List, etc. (kj)
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Filing 22
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand to State Court . Document filed by Walter Brice. (Attachments: #1 Affidavit Declaration - plaintiff, #2 Affidavit Memo of law, #3 Exhibit State court CPLR 3211 decision, #4 Exhibit Discovery demands, #5 Exhibit Discovery responses).(Rothstein, Eric) Modified on 10/5/2023 (kj).
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Filing 21
ORDER: As discussed at the September 21, 2023 conference, the deadline for Plaintiff to file and serve its motion for remand is October 4, 2023. Defendant's opposition is due within fourteen days after service of Plaintiff's motion; Plaintiff's reply, if any, is due within seven days after service of Defendant's opposition. Additionally, for the reasons discussed at the March 23, 2023 conference, this action is stayed pending the briefing and resolution of Plaintiff's anticipated motion, and Defendant's September 7, 2023 request for leave to file a motion for summary judgement is denied without prejudice. Finally, the initial pre-trial conference scheduled for September 26, 2023 is adjourned sine die. (Signed by Judge Gregory H. Woods on 9/21/2023) (rro)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 9/21/2023. (Court Reporter present) (wv)
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Filing 20
MEMO ENDORSEMENT on re: #19 Letter filed by Alvin Claudio, Costo Wholesale Corporation. ENDORSEMENT: Plaintiff's request to conduct the scheduled September 21, 2023 by telephone is granted. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Individual Rules (Signed by Judge Gregory H. Woods on 9/19/2023) (rro)
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Filing 19
LETTER addressed to Judge Gregory H. Woods from Ian E. Hannon dated September 19, 2023 re: conference. Document filed by Alvin Claudio, Costo Wholesale Corporation..(Hannon, Ian)
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Filing 18
LETTER addressed to Judge Gregory H. Woods from Eric Rothstein dated September 19, 2023 re: in-person conference. Document filed by Walter Brice..(Rothstein, Eric)
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Filing 17
ORDER: After review of the parties' submission, the Court has determined that it would be beneficial to instead conduct the conference in person. The parties are directed to appear in-person for the conference scheduled September 21, 2023 at 11:00 a.m., in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. Status Conference set for 9/21/2023 at 11:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 9/19/2023) (rro)
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Filing 16
LETTER addressed to Judge Gregory H. Woods from Ian E. Hannon dated September 14, 2023 re: joint letter advising the Court on the status of the case. Document filed by Alvin Claudio, Costo Wholesale Corporation..(Hannon, Ian)
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Filing 15
LETTER addressed to Judge Gregory H. Woods from Ian E. Hannon dated September 14, 2023 re: joint letter regarding transferring proceedings to assigned Magistrate Judge. Document filed by Alvin Claudio, Costo Wholesale Corporation..(Hannon, Ian)
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Filing 14
LETTER addressed to Judge Gregory H. Woods from Ian E. Hannon dated September 11, 2023 re: in response to plaintiff's September 7, 2023 request for permission to file a motion to remand. Document filed by Alvin Claudio, Costo Wholesale Corporation..(Hannon, Ian)
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Filing 13
NOTICE OF APPEARANCE by Sal F. DeLuca on behalf of Alvin Claudio, Costo Wholesale Corporation..(DeLuca, Sal)
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Filing 12
LETTER addressed to Judge Gregory H. Woods from Eric Rothstein dated September 8, 2023 re: Opposition to defendants' request to file summary judgment motion. Document filed by Walter Brice..(Rothstein, Eric)
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Filing 11
ORDER: On January 10, 2023, Plaintiff filed a complaint in this action in the Supreme Court of the State of New York, County of New York. Dkt. No. 1-1. On September 5, 2023, the action was removed to this Court. Dkt. No. 1. On September 7, 2023, both Plaintiff and Defendant submitted separate requests for pre-motion conferences, to discuss a proposed motion for remand and a proposed motion for summary judgement, respectively. Both requests are GRANTED. The Court will hold a teleconference regarding Plaintiff's proposed motion to remand and Defendant's proposed motion for summary judgment on September 21, 2023 at 11:00 a.m. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Individual Rules. Telephone Conference set for 9/21/2023 at 11:00 AM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 9/7/2023) (rro)
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Filing 10
LETTER addressed to Judge Gregory H. Woods from Ian E. Hannon dated September 7, 2023 re: pre-motion conference for summary judgment. Document filed by Alvin Claudio, Costo Wholesale Corporation..(Hannon, Ian)
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Filing 9
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a "Proposed Consent to Jurisdiction by US Magistrate Judge," and be described using the "Proposed Consent to Jurisdiction by US Magistrate Judge" filing event in accordance with ECF Rule 13.27. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED (Signed by Judge Gregory H. Woods on 9/7/2023) (rro)
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Filing 8
LETTER addressed to Judge Gregory H. Woods from Eric Rothstein dated September 7, 2023 re: pre-motion conference for remand. Document filed by Walter Brice..(Rothstein, Eric)
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Filing 7
NOTICE OF APPEARANCE by Eric Edward Rothstein on behalf of Walter Brice..(Rothstein, Eric)
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: DUE DATE OF JOINT LETTER and PROPOSED CASE MANAGEMENT PLAN: September 19, 2023. Initial Conference set for 9/26/2023 at 11:00 AM before Judge Gregory H. Woods. The conference will be conducted by telephone. (And as further set forth herein.) SO ORDERED. (Signed by Judge Gregory H. Woods on 9/6/2023) (jca)
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Filing 5
ORDER This action was removed from the Supreme Court of the State of New York, County of New York, on September 5, 2023. Counsel for Plaintiff is directed to promptly file a notice of appearance in this case. Counsel for Defendant is directed to serve a copy of this order on Plaintiff, and to retain proof of service. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/6/2023) (jca)
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Filing 4
DEMAND for Trial by Jury. Document filed by Walter Brice.(Rothstein, Eric)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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)
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Magistrate Judge Stewart D. Aaron 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)
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Case Designated ECF. (vf)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alvin Claudio, Costo Wholesale Corporation..(Hannon, Ian)
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Filing 2
CIVIL COVER SHEET filed..(Hannon, Ian)
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 150160/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-28239472).Document filed by Alvin Claudio, Costo Wholesale Corporation. (Attachments: #1 Exhibit Suplemental S&C, #2 Exhibit Costco's Answer to Amended Complaint, #3 Exhibit Claudio's Answer to Amended Complaint, #4 Exhibit Correspondence).(Hannon, Ian)
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