Eherts et al v. ShopRite Supermarkets, Inc.
Plaintiff: Michelle Eherts and Douglas Eherts
Defendant: ShopRite Supermarkets, Inc.
Case Number: 7:2018cv07028
Filed: August 6, 2018
Court: US District Court for the Southern District of New York
Office: White Plains Office
County: Sullivan
Presiding Judge: Vincent L Briccetti
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 pi
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 26, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 26, 2018 Opinion or Order Filing 17 STIPULATION AND ORDER OF DISMISSAL: It is hereby stipulated and agreed, by and between the attorneys of record of all parties herein, that this matter be dismissed without prejudice, pursuant to F.R.C.P. 41, and without costs to either party. Plaintiff requests this dismissal, because Defendant has demonstrated that Defendant's principal place of business is located in New York State, thereby defeating 28 U.S.C. 1332 diversity jurisdiction. SO ORDERED. All scheduled conferences or other scheduled Court appearances are cancelled. Any pending motions are moot. The Clerk is instructed to close the case. (Signed by Judge Vincent L. Briccetti on 9/26/2018) (mml)
September 25, 2018 Filing 16 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) ShopRite Supermarkets, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by ShopRite Supermarkets, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Torino, Bruce)
September 25, 2018 Opinion or Order ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #16 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Vincent L. Briccetti for approval for the following reason(s): To be so Ordered by Judge Briccetti. (dt)
September 24, 2018 Opinion or Order Filing 15 MEMO ENDORSEMENT on re: #14 Response in Support of Motion, filed by Douglas Eherts, Michelle Eherts. ENDORSEMENT: By 10/1/2018, plaintiff's counsel shall submit a stipulation of dismissal, without prejudice. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/24/2018) (anc)
September 24, 2018 Filing 14 LETTER RESPONSE in Support of Motion addressed to Judge Vincent L. Briccetti from Kirk O. Orseck dated September 24, 2018 re: #12 FIRST LETTER MOTION to Expedite determination of diversity jurisdiction addressed to Judge Vincent L. Briccetti from BRUCE A, TORINO dated 09/19/2018. . Document filed by Douglas Eherts, Michelle Eherts. (Orseck, Gerald)
September 19, 2018 Opinion or Order Filing 13 ORDER deferring ruling on #12 Letter Motion to Expedite: By 9/26/2018, plaintiffs' counsel shall respond to defendant's counsel's letter-motion. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
September 19, 2018 Filing 12 FIRST LETTER MOTION to Expedite determination of diversity jurisdiction addressed to Judge Vincent L. Briccetti from BRUCE A, TORINO dated 09/19/2018. Document filed by ShopRite Supermarkets, Inc..(Torino, Bruce)
September 19, 2018 Filing 11 NOTICE OF INITIAL CONFERENCE: Initial Conference set for 10/19/2018 at 10:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (jca)
September 18, 2018 Filing 10 ANSWER to #2 Complaint with JURY DEMAND. Document filed by ShopRite Supermarkets, Inc..(Torino, Bruce)
September 18, 2018 Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ShopRite Supermarkets, Inc..(Torino, Bruce)
September 18, 2018 Filing 8 NOTICE OF APPEARANCE by Bruce Anthony Torino on behalf of ShopRite Supermarkets, Inc.. (Torino, Bruce)
September 4, 2018 Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. All Defendants. Service was accepted by Sue Zouky, Authorized Agent in the Office of the Secretary of State. Document filed by Douglas Eherts, Michelle Eherts. (Orseck, Gerald)
August 9, 2018 Filing 6 ELECTRONIC SUMMONS ISSUED as to ShopRite Supermarkets, Inc.. (dnh)
August 8, 2018 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to ShopRite Supermarkets, Inc., re: #2 Complaint. Document filed by Douglas Eherts, Michelle Eherts. (Orseck, Gerald)
August 7, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (pne)
August 7, 2018 Magistrate Judge Judith C. McCarthy 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: #http://nysd.uscourts.gov/forms.php. (pne)
August 7, 2018 Case Designated ECF. (pne)
August 7, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Gerald Orseck. The following case opening statistical information was erroneously selected/entered: Dollar Demand $850,000,000; Fee Status code pend (IFP pending). The following corrections have been made to your case entry: the Dollar Demand has been modified to $850,000; the Fee Status code has been modified to pd (paid). (pne)
August 7, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gerald Orseck to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reasons: No district court selection was made; the name of the party for whom the summons is for was not entered in the docket entry text. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
August 6, 2018 Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #2 Complaint. Document filed by Douglas Eherts, Michelle Eherts. (Orseck, Gerald) Modified on 8/7/2018 (pne).
August 6, 2018 Filing 3 CIVIL COVER SHEET filed. (Orseck, Gerald)
August 6, 2018 Filing 2 COMPLAINT against ShopRite Supermarkets, Inc.. Document filed by Douglas Eherts, Michelle Eherts.(Orseck, Gerald)
August 6, 2018 Filing 1 FILING ERROR - PDF ERROR - COMPLAINT against Douglas Eherts, Michelle Eherts. (Filing Fee $ 400.00, Receipt Number 0208-15411126)Document filed by Douglas Eherts, Michelle Eherts.(Orseck, Gerald) Modified on 8/7/2018 (pne).

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Plaintiff: Michelle Eherts
Represented By: Gerald Orseck
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Plaintiff: Douglas Eherts
Represented By: Gerald Orseck
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Defendant: ShopRite Supermarkets, Inc.
Represented By: Bruce Anthony Torino
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