Capelo v. The Home Depot, Inc.
| Lydia Capelo |
| The Home Depot, Inc. |
| 1:2023cv09958 |
| November 10, 2023 |
| US District Court for the Southern District of New York |
| John P Cronan |
| P.I.: Other |
| 28 U.S.C. § 1446 pi Petition for Removal- Personal Injury |
| Both |
Docket Report
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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 Rule 26(f)(3) of the Federal Rules of Civil Procedure. 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). Settlement discussions have taken place. The parties have conferred pursuant to Rule 26(f) of the Federal Rules of Civil Procedure. Depositions shall be completed by May 10, 2024. This case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is Three and 1/2 days. Motions due by 2/8/2024. Deposition due by 6/17/2024. Fact Discovery due by 5/3/2024. Expert Discovery due by 6/17/2024. Discovery due by 6/28/2024. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 1/3/2024) (jca)
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| Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on January 3, 2024. The Court held a status conference. The Court will separately enter a case management plan. (No Court Reporter Present). (mhe) |
| Filing 15 NOTICE OF APPEARANCE by Tiffany A. Jacobsen on behalf of Lydia Capelo..(Jacobsen, Tiffany) |
| Filing 14 PROPOSED CASE MANAGEMENT PLAN. Document filed by Lydia Capelo. (Attachments: #1 Supplement IPTC conference letter to Court and D-).(Arrieta, Frank) |
| Filing 13 NOTICE OF APPEARANCE by Frank J Arrieta on behalf of Lydia Capelo..(Arrieta, Frank) |
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Filing 12
ORDER: On December 19, 2023, the Court ordered the parties to submit a joint letter with, among other things, a description of the case and a status update on any settlement talks in advance of the initial pretrial conference scheduled for January 3, 2024, at 10:30 a.m. Dkt. 11 at 1-2. The Court also ordered the parties to submit a proposed case management plan and scheduling order. Id. at 2. Both items were due on December 27, 2023. The parties failed to submit either. By 5:00 p.m. December 30, 2023, it is hereby ORDERED that the parties must file on ECF the joint letter and the proposed case management plan and scheduling order described in the Court's December 19 Order, Dkt. 11. In addition, Defendant is ordered to serve a copy of this Order and the Court's December 19 Order, Dkt. 11, on Plaintiff immediately. Plaintiff's counsel also is directed to file a Notice of Appearance in this case prior to the initial pretrial conference. The Court advises the parties that failure to comply with Court orders may result in sanctions, including dismissal for failure to prosecute. SO ORDERED. (Signed by Judge John P. Cronan on 12/29/2023) (tg)
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Filing 11
ORDER Unless the Court orders otherwise, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. (And as further set forth herein.) SO ORDERED. Initial Conference set for 1/3/2024 at 10:30 AM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 12/19/2023) (jca)
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| Filing 10 CERTIFICATE OF SERVICE. Document filed by The Home Depot, Inc...(Strongin, Howard) |
| Filing 9 ANSWER to Complaint. Document filed by The Home Depot, Inc.. (Attachments: #1 Affidavit Certificate of Service).(Strongin, Howard) |
| Filing 8 CIVIL COVER SHEET filed..(Strongin, Howard) |
| Case Designated ECF. (vf) |
| Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. 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 John P. Cronan. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Howard F. Strongin. The following case opening statistical information was erroneously selected/entered: Dollar Demand 450,000,000; County code Albany; Fee Status code due (due). The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 450,000; the County code has been modified to Bronx; the Fee Status code has been modified to pd (paid). (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Howard F. Strongin to RE-FILE Document No. #5 Civil Cover Sheet. The filing is deficient for the following reason(s): Signature Error. Form is not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Home Depot U.S.A., Inc. for The Home Depot, Inc.. Document filed by The Home Depot, Inc.. (Attachments: #1 Exhibit Rule 7.1 Corporate Disclosure).(Strongin, Howard) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Howard F. Strongin 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 6 NOTICE OF REMOVAL from Supreme, County of Bronx. Case Number: 811012/2023E..Document filed by The Home Depot, Inc...(Strongin, Howard) |
| Filing 5 FILING ERROR - DEFICIENT - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Strongin, Howard) Modified on 11/15/2023 (vf). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Howard F. Strongin to RE-FILE Document No. #4 Petition (Other), #1 Petition (Other). The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the wrong event type was used to file the pleading. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 11/20/2023. (vf) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Howard F. Strongin. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| Filing 4 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PETITION FOR REMOVAL OF ACTION..Document filed by The Home Depot, Inc.. (Attachments: #1 Exhibit Summons & Complaint, #2 Exhibit Affidavit of Service).(Strongin, Howard) Modified on 11/13/2023 (vf). |
| Filing 3 DEMAND for Trial by Jury. Document filed by The Home Depot, Inc..(Strongin, Howard) |
| Filing 2 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Home Depot, Inc...(Strongin, Howard) Modified on 11/14/2023 (lb). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - PETITION FOR REMOVAL OF ACTION. (Filing Fee $ 402.00, Receipt Number ANYSDC-28553878).Document filed by The Home Depot, Inc...(Strongin, Howard) Modified on 11/13/2023 (vf). |
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| Plaintiff: Lydia Capelo | |
| Represented By: | Frank J Arrieta |
| Represented By: | Tiffany A. Jacobsen |
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| Defendant: The Home Depot, Inc. | |
| Represented By: | Howard F. Strongin |
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