Hutson v. Home Depot U.S.A., Inc.
| NINA HUTSON |
| Home Depot U.S.A., Inc. |
| 1:2023cv08914 |
| October 11, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| P.I.: Other |
| 28 U.S.C. § 1446 pi Petition for Removal- Personal Injury |
| Both |
Docket Report
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Filing 15
CIVIL CASE MANAGEMENT PLAN AND SCHEDULINGORDER: All parties consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. Motions due by 1/5/2024. Deposition due by 5/13/2024. Fact Discovery due by 3/28/2024. Expert Discovery due by 5/13/2024. 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 one week. Telephone Conference set for 4/3/2024 at 09:00 AM before Judge Jesse M. Furman. Unless and until the Court orders otherwise, the conference will be held remotely by telephone in accordance with Paragraph 2.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. The initial pretrial conference currently scheduled for November 29, 2023 is hereby CANCELED. The parties should note the deadline for their next joint letter and the date of the next pretrial conference on the previous page. Deadlines throughout the document have been adjusted to fit within the time parameters specified in brackets by the Court. The parties shall request extensions of time via letter motion should the need arise. Finally, with respect to future conferences, the parties should be sure to comply with the Court's Orders regarding pre-conference submissions - i.e., to include all information in the list above. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/28/23) (yv)
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| Filing 14 PROPOSED SCHEDULING ORDER. Document filed by Home Depot U.S.A., Inc...(Chappell, Robert) |
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Filing 13
ORDER. Pursuant to the Court's November 20, 2023 Order, ECF No. 12, the parties were required to file a joint letter and a proposed Civil Case Management Plan and Scheduling Order by November 27, 2023, at 10:00 a.m. To date, the parties have not filed the required documents. As a courtesy, that deadline is hereby EXTENDED, nunc pro tunc, to November 28, 2023, at noon. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/27/23) (yv)
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Filing 12
ORDER: In light of Thanksgiving, counsel shall submit their proposed case management plan and joint letter, see ECF No. 8, by Monday, November 27, 2023, at 10:00 a.m. The parties should indicate in their joint letter 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 (or if the Court concludes that, the parties views notwithstanding, a conference should be held), 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. Unless and until the Court orders otherwise, however, the conference will proceed and will do so on the date and timepreviously set. In the event a conference is held, the parties should join it by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Further, 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 athttps://nysd.uscourts.gov/hon-jesse-m-furman, including Rule 3(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/20/2023) (ama)
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| Filing 11 MEMO ENDORSEMENT on re: #9 Letter Pursuant to Court's Order October 16, 2023 ECF No. 7. filed by Home Depot U.S.A., Inc. ENDORSEMENT : Defendant's counsel appears to have served on Plaintiff's counsel Judge Rearden's Individual Rules, not this Court's. Counsel should access and review this Court's Individual Rules at the following link: https://www.nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Hon. Jesse M. Furman on 11/17/23) (yv) Modified on 11/20/2023 (ab). |
| Filing 10 NOTICE OF APPEARANCE by John Vincent Tait on behalf of Nina Hutson..(Tait, John) |
| Filing 9 LETTER addressed to Judge Jennifer H. Rearden from ROBERT J. CHAPPELL dated 11/16/2023 re: Pursuant to Court's Order October 16, 2023 ECF No. 7. Document filed by Home Depot U.S.A., Inc...(Chappell, Robert) |
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Filing 8
ORDER. Pursuant to the Court's October 16, 2023 Order, ECF No. 7, Defendant was required to serve on Plaintiff a copy of that Order and of the Court's Individual Rules and Practices in Civil Cases, and to file such proof of service on the docket, by October 18, 2023. To date, Defendant has not filed any such proof of service. As a courtesy, that deadline is hereby EXTENDED, nunc pro tunc, to November 17, 2023. Counsel for Plaintiff shall file a notice of appearance on the docket within two business days of such service. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/16/23) (yv)
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. As further set forth by this Order. SO ORDERED. Initial Conference set for 11/29/2023 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 10/16/2023) (tg)
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| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Home Depot U.S.A., Inc...(Chappell, Robert) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Analisa Torres is no longer assigned to the case. (tro) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Robert Jason Chappell 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 5 CIVIL COVER SHEET filed..(Chappell, Robert) |
| 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Jason Chappell. The party information for the following party/parties has been modified: NINA HUTSON. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert Jason Chappell. 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 XX Out of State;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Robert Jason Chappell to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): citizenship of principal party was not selected for the plaintiff;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc) |
| Filing 4 ANSWER to Complaint with JURY DEMAND. Document filed by Home Depot U.S.A., Inc...(Chappell, Robert) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Chappell, Robert) Modified on 10/12/2023 (pc). |
| Filing 2 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Home Depot U.S.A., Inc...(Chappell, Robert) Modified on 10/13/2023 (lb). |
| Filing 1 NOTICE OF REMOVAL from NEW YORK, County of ORANGE. Case Number: EF006116/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-28407285).Document filed by Home Depot U.S.A., Inc.. (Attachments: #1 Exhibit Summons & Complaint).(Chappell, Robert) |
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| Plaintiff: NINA HUTSON | |
| Represented By: | John Vincent Tait |
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| Defendant: Home Depot U.S.A., Inc. | |
| Represented By: | Robert Jason Chappell |
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