Hylton v. WTC Tower 1 LLC et al
Plaintiff: DIANNA HYLTON
Defendant: TOWER 1 MEMBER LLC, 1 World Trade Center LLC, DURST WTC HOLDING LLC, DURST MANAGEMENT AND DEVELOPMENT LLC, Newmark & Company Real Estate Inc., DURST 1 WTC LLC, DURST WTC CORPORATION, Tower 1 Holdings LLC, WTC Tower 1 LLC, The Durst Organization, Newmark Knight Frank Global Management Services, LLC, Thyssenkrupp Elevator Corporation, THYSSENKRUPP NORTH AMERICA, INC., Tower 1 Joint Venture LLC and The Durst Organization Inc.
Case Number: 7:2019cv07177
Filed: July 31, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Nelson Stephen Roman
Nature of Suit: P.I.: Other
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 20, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 20, 2019 CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1ZE22E532210027810 on 9/23/2019. (ks)
September 20, 2019 Opinion or Order Filing 14 STIPULATION OF DISCONTINUANCE WITHOUT PREJUDICE AS TO DEFENDANT THYSSENKRUPP NORTH AMERICA, INC. ONLY AND TO REMAND ACTION TO STATE COURT: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the respective parties to the above-captioned action, that whereas no party hereto is an infant, incompetent person for whom a committee has been appointed or conservatee and no person not a party has an interest in the subject matter of the action, the above-entitled action as against Defendant THYSSENKRUP NORTH AMERICA, INC. only is hereby discontinued without prejudice, without costs to any party as against the other; and IT IS FURTHER STIPULATED AND AGREED, that this action be and hereby is remanded to the Supreme Court of the State of New York, County of New York. (As further set forth in this order.) SO ORDERED. (Signed by Judge Nelson Stephen Roman on 9/19/2019) Thyssenkrupp North America, Inc. terminated.(ks) Transmission to Docket Assistant Clerk for processing.
September 17, 2019 Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by Dianna Hylton. (Zogala, Michael)
August 27, 2019 Set/Reset Deadlines: Motions due by 11/15/2019, Responses due by 11/15/2019, Replies due by 11/15/2019. (jca)
August 27, 2019 Opinion or Order Filing 12 ORDER terminating #11 LETTER MOTION for Conference re: Plaintiff's motion for remand. Court waives Premotion Conference. Plaintiff is granted leave to file motion. Plaintiff motion to be served 9/27/19; Defendant opposition to be served 10/28/19; Plaintiff reply to be served 11/15/19. All motion papers to be filed 11/15/19. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 8/26/2019) (jca)
August 22, 2019 Filing 11 LETTER MOTION for Conference re: Plaintiff's motion for remand addressed to Judge Nelson Stephen Roman from Nicholas I. Timko dated August 22, 2019. Document filed by Dianna Hylton. (Attachments: #1 Exhibit Secretary of State information, #2 Exhibit Proof of Service)(Zogala, Michael)
August 21, 2019 Filing 10 AFFIDAVIT OF SERVICE of Answer, Discovery Demands, and Notices of Deposition served on 1 World Trade Center LLC, Newmark & Company Real Estate, Inc., Newmark Knight Frank Global Management Services, LLC, and Thyssenkrupp North America, Inc. on 8-12-2019. Service was accepted by Nancy Dougherty at the office of the New York State Secretary of State. Document filed by Thyssenkrupp Elevator Corporation. (Young, Bruce)
August 7, 2019 Filing 9 AFFIDAVIT OF SERVICE of Answer, Discovery Demands, and Notices of Deposition served on Plaintiff, WTC Tower 1 LLC, Tower 1 Holding LLC, Tower 1 Joint Venture LLC, Tower 1 Member LLC, The Durst Organization, Durst 1 WTC LLC, Durst Management and Development LLC, and Durst WTC Holding LLC on 8-7-2019. Service was made by Mail. Document filed by Thyssenkrupp Elevator Corporation. (Young, Bruce)
August 6, 2019 Filing 8 NOTICE OF APPEARANCE by Michael Zogala on behalf of Dianna Hylton. (Zogala, Michael)
August 6, 2019 Filing 7 NOTICE OF APPEARANCE by Nicholas Ivan Timko on behalf of Dianna Hylton. (Timko, Nicholas)
August 6, 2019 Filing 6 ANSWER to Complaint with JURY DEMAND., CROSSCLAIM against 1 World Trade Center LLC, Durst 1 WTC LLC, Durst Management and Development LLC, Durst WTC Corporation, Durst WTC Holding LLC, Newmark & Company Real Estate Inc., Newmark Knight Frank Global Management Services, LLC, The Durst Organization Inc., Thyssenkrupp North America, Inc., Tower 1 Holdings LLC, Tower 1 Joint Venture LLC, Tower 1 Member LLC, WTC Tower 1 LLC. Document filed by Thyssenkrupp Elevator Corporation.(Young, Bruce)
August 1, 2019 Filing 5 NOTICE OF APPEARANCE by Bruce Mark Young on behalf of Thyssenkrupp Elevator Corporation. (Young, Bruce)
August 1, 2019 Filing 4 AFFIDAVIT OF SERVICE of NOTICE OF REMOVAL served on ALL PARTIES on 8-1-2019. Service was made by MAIL. Document filed by Thyssenkrupp Elevator Corporation. (Wagner, Karen)
August 1, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Karen Lee Wagner. The party information for the following party/parties has been modified: The Durst Organization was modified to The Durst Organization Inc., Durst 1 WTC LLC, Durst Management and Development LLC, Durst WTC Corporation, Durst WTC Holding LLC, Dianna Hylton, Thyssenkrupp North America, Inc., Tower 1 Member LLC. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps. (pne)
August 1, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Karen Lee Wagner. The following case opening statistical information was erroneously selected/entered: Fee Status code none (no fee required). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (pne)
August 1, 2019 Case Designated ECF. (pne)
August 1, 2019 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 1, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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)
July 31, 2019 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent THYSSENKRUPP NORTH AMERICA, INC., Corporate Parent ThyssenKrupp Elevator Americas, Corp., Corporate Parent Thyssenkrupp AG for Thyssenkrupp Elevator Corporation. Document filed by Thyssenkrupp Elevator Corporation.(Wagner, Karen)
July 31, 2019 Filing 2 CIVIL COVER SHEET filed. (Wagner, Karen)
July 31, 2019 Filing 1 NOTICE OF REMOVAL from SUPREME COURT, County of NEW YORK. Case Number: 156171/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-17349206).Document filed by Thyssenkrupp Elevator Corporation. (Attachments: #1 Exhibit Exhibit A- Summons and Verified Complaint)(Wagner, Karen)

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Defendant: TOWER 1 MEMBER LLC
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Defendant: 1 World Trade Center LLC
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Defendant: DURST WTC HOLDING LLC
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Defendant: DURST MANAGEMENT AND DEVELOPMENT LLC
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Defendant: Newmark & Company Real Estate Inc.
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Defendant: DURST 1 WTC LLC
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Defendant: DURST WTC CORPORATION
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Defendant: Tower 1 Holdings LLC
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Defendant: WTC Tower 1 LLC
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Defendant: The Durst Organization
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Defendant: Newmark Knight Frank Global Management Services, LLC
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Defendant: Thyssenkrupp Elevator Corporation
Represented By: Karen Lee Wagner
Represented By: Bruce Mark Young
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Defendant: THYSSENKRUPP NORTH AMERICA, INC.
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Defendant: Tower 1 Joint Venture LLC
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Defendant: The Durst Organization Inc.
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Plaintiff: DIANNA HYLTON
Represented By: Michael Zogala
Represented By: Nicholas Ivan Timko
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