Rivera v. Wal-Mart Stores East, LP
Plaintiff: Hector Rivera
Defendant: Wal-Mart Stores East, LP
Case Number: 1:2020cv05797
Filed: July 27, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Laura Taylor Swain
Referring Judge: Ona T Wang
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1446 nr Notice of Removal
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on June 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 2, 2022 Opinion or Order Filing 38 ORDER OF DISMISSAL: The attorneys for the parties have advised the Court that this action has been or will be settled. Accordingly, it is hereby ORDERED that this action is dismissed with prejudice and without costs to any party, but without prejudice to restoration of the action to the calendar of the undersigned if settlement is not achieved within thirty (30) days of the date of this Order. If a party wishes to reopen this matter or extend the time within which it may be settled, the party must make a letter application before this thirty (30)-day period expires. The parties are advised that if they wish the Court to retain jurisdiction in this matter for purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court to be so ordered. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/2/2022) (kv)
May 31, 2022 Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Pre-Settlement Conference held on 5/31/2022. (Quinn, Diane)
April 7, 2022 Opinion or Order Filing 37 SCHEDULING ORDER granting #36 Letter Motion for Conference re: #36 LETTER MOTION for Conference (Settlement Conference) addressed to Magistrate Judge Ona T. Wang from Thomas M. O'Connor dated April 4, 2022. The Court will hold a PreSettlement Conference Scheduling Call on Tuesday, May 31, 2022 at 2:00 p.m. The dial in information is (866) 3901828, access code 1582687. SO ORDERED. Telephone Conference set for 5/31/2022 at 02:00 PM before Magistrate Judge Ona T. Wang.. (Signed by Magistrate Judge Ona T. Wang on 4/7/2022) (rro)
April 4, 2022 Filing 36 LETTER MOTION for Conference (Settlement Conference) addressed to Magistrate Judge Ona T. Wang from Thomas M. O'Connor dated April 4, 2022. Document filed by Wal-Mart Stores East, LP..(O'Connor, Thomas)
March 8, 2022 Opinion or Order Filing 35 ORDER granting #34 Letter Motion for Extension of Time. Non-party discovery is extended to April 8, 2022. The parties shall file another joint status letter by April 6, 2022. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (rlf)
March 7, 2022 Filing 34 LETTER MOTION for Extension of Time addressed to Magistrate Judge Ona T. Wang from Thomas M. O'Connor dated March 7, 2022. Document filed by Wal-Mart Stores East, LP..(O'Connor, Thomas)
February 9, 2022 Opinion or Order Filing 33 ORDER granting #32 Letter Motion for Extension of Time. Non-party discovery is extended to March 11, 2022. The parties shall file another joint status letter by March 9, 2022 (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (rlf)
February 8, 2022 Filing 32 LETTER MOTION for Extension of Time addressed to Magistrate Judge Ona T. Wang from Thomas M. O'Connor dated February 8, 2022. Document filed by Wal-Mart Stores East, LP..(O'Connor, Thomas)
January 5, 2022 Opinion or Order Filing 31 ORDER granting #30 Letter Motion for Extension of Time. Non-party discovery is extended to February 11, 2022. The parties shall file another joint status letter by February 8, 2022. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order)(rlf)
January 4, 2022 Filing 30 LETTER MOTION for Extension of Time addressed to Magistrate Judge Ona T. Wang from Thomas M. O'Connor dated January 4, 2022. Document filed by Wal-Mart Stores East, LP..(O'Connor, Thomas)
December 15, 2021 Filing 29 MEMO ENDORSEMENT on re: #28 Letter filed by Wal-Mart Stores East, LP. ENDORSEMENT: Application GRANTED. The parties shall file another joint status letter by January 14, 2022. ( Discovery due by 1/7/2022.) (Signed by Magistrate Judge Ona T. Wang on 12/15/2021) (rro)
December 9, 2021 Filing 28 LETTER addressed to Magistrate Judge Ona T. Wang from Thomas M. O'Connor dated December 9, 2021 re: Status of Non-Party Discovery. Document filed by Wal-Mart Stores East, LP..(O'Connor, Thomas)
November 17, 2021 Opinion or Order Filing 27 ORDER. The parties shall file another joint status letter by December 14, 2021. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (rlf)
November 16, 2021 Filing 26 LETTER addressed to Magistrate Judge Ona T. Wang from Thomas M. O'Connor dated November 16, 2021 re: Status of Non-Party Discovery. Document filed by Wal-Mart Stores East, LP..(O'Connor, Thomas)
October 15, 2021 Filing 25 NOTICE OF APPEARANCE by Jay H. Tanenbaum on behalf of Hector Rivera..(Tanenbaum, Jay)
October 14, 2021 Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Status Conference held on 10/14/2021. (Quinn, Diane)
October 14, 2021 Opinion or Order Filing 24 ORDER: Pursuant to the rulings made on the record at today's status conference, fact discovery is extended to December 17, 2021 for the limited purpose of conducting non-party discovery. A joint status letter shall be filed by November 19, 2021. The Pre-Settlement Conference Scheduling Call scheduled for October 27, 2021 (ECF 17) is adjourned sine die. ( Fact Discovery due by 12/17/2021.) (Signed by Magistrate Judge Ona T. Wang on 10/14/2021) (rro)
October 13, 2021 Opinion or Order Filing 23 ORDER granting #22 Letter Motion for Conference. The October 14, 2021 12:00 p.m. Status Conference will be held telephonically. The dial in information is (866) 390-1828, access code 1582687. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (rlf)
October 13, 2021 Filing 22 LETTER MOTION for Conference Appearance By Richard Sulzman to Be Virtual addressed to Magistrate Judge Ona T. Wang from Richard Sulzman dated October 13, 2021. Document filed by Wal-Mart Stores East, LP..(O'Connor, Thomas)
September 27, 2021 Opinion or Order Filing 21 ORDER granting #20 Letter Motion to Adjourn Conference. The October 5, 2021 status conference is adjourned to October 14, 2021 at 12:00 p.m. at 500 Pearl Street, Courtroom 20D. Discovery is extended to the same date. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (rlf)
September 24, 2021 Filing 20 PROPOSED LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Ona T. Wang from Thomas M. O'Connor, Esq. dated September 24, 2021., PROPOSED LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Ona T. Wang from Thomas M. O'Connor, Esq. dated September 24, 2021. Document filed by Wal-Mart Stores East, LP..(O'Connor, Thomas)
September 22, 2021 Opinion or Order Filing 19 ORDER granting #18 Letter Motion for Conference re: #18 LETTER MOTION for Conference addressed to Magistrate Judge Ona T. Wang from Thomas M. O'Connor dated September 17, 2021. The Court has reviewed ECF 18. The Court will hold an in-person Status Conference on October 5, 2021 at 3:30 p.m. at 500 Pearl Street, Courtroom 20D. Discovery is extended to October 5, 2021. The Clerk of Court is directed to close ECF 18. SO ORDERED. (Status Conference set for 10/5/2021 at 03:30 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 9/22/2021) (rro)
September 22, 2021 Set/Reset Deadlines: Discovery due by 10/5/2021. (rro)
September 17, 2021 Filing 18 LETTER MOTION for Conference addressed to Magistrate Judge Ona T. Wang from Thomas M. O'Connor dated September 17, 2021. Document filed by Wal-Mart Stores East, LP..(O'Connor, Thomas)
August 4, 2021 Opinion or Order Filing 17 SCHEDULING ORDER: The Court will hold a PreSettlement Conference Scheduling Call on Wednesday, October 27, 2021 at 2:30 p.m. The dial in information is (866) 3901828, access code 1582687. SO ORDERED. (Telephone Conference set for 10/27/2021 at 02:30 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 8/4/2021) (rro)
July 29, 2021 Opinion or Order Filing 16 ORDER granting #15 Letter Motion for Extension of Time to Complete Discovery. Discovery is extended to September 30, 2021. There shall be no further extensions absent good cause. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (rlf)
July 29, 2021 Filing 15 LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Ona T. Wang from Thomas M. O'Connor dated July 29, 2021. Document filed by Wal-Mart Stores East, LP..(O'Connor, Thomas)
June 10, 2021 Opinion or Order Filing 14 MEMO ENDORSEMENT on re: #13 Letter filed by Wal-Mart Stores East, LP. ENDORSEMENT: The next joint status letter is due July 16, 2021. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 6/10/2021) (rro)
June 8, 2021 Filing 13 LETTER addressed to Magistrate Judge Ona T. Wang from Thomas M. O'Connor dated June 8, 2021 re: status. Document filed by Wal-Mart Stores East, LP..(O'Connor, Thomas)
June 8, 2021 Filing 12 NOTICE OF APPEARANCE by Jay H. Tanenbaum on behalf of Hector Rivera. (Attachments: #1 Notice of Appearance).(Tanenbaum, Jay)
June 7, 2021 Filing 11 AFFIDAVIT OF SERVICE of Order regarding Joint Letter on June 7, 2021. Document filed by Wal-Mart Stores East, LP..(O'Connor, Thomas)
June 4, 2021 Opinion or Order Filing 10 ORDER: By previous Order, the Court directed the parties to file a joint status letter by March 26, 2021. (ECF 9). To date, the parties have not filed a status letter. The parties shall file a joint status letter by June 14, 2021. Plaintiff's counsel is directed to file a Notice of Appearance by the same date. Defendant shall serve this Order on Plaintiff's counsel and file proof of service on the docket by June 8, 2021. (Signed by Magistrate Judge Ona T. Wang on 6/4/2021) (rro)
February 25, 2021 Minute Entry for proceedings held before Magistrate Judge Ona T. Wang: Initial Pretrial Conference held on 2/25/2021. (Quinn, Diane)
February 25, 2021 Opinion or Order Filing 9 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties request a jury trial. Amended Pleadings due by 5/30/2021. Joinder of Parties due by 5/30/2021. Fact Discovery due by 8/15/2021. Expert Discovery due by 8/15/2021. (Signed by Magistrate Judge Ona T. Wang on 2/25/2021) (nb)
February 18, 2021 Filing 8 PROPOSED CASE MANAGEMENT PLAN. Document filed by Wal-Mart Stores East, LP..(O'Connor, Thomas)
January 28, 2021 Opinion or Order Filing 7 INITIAL CASE MANAGEMENT CONFERENCE ORDER: An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held telephonically on Thursday, February 25, 2021 at 12:00 p.m. The dial in information is (866) 390-1828, access code 1582687. Initial Conference set for 2/25/2021 at 12:00 PM before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 1/28/2021) (nb)
August 7, 2020 Opinion or Order Filing 6 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Ona T. Wang. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/07/2020) (ama)
July 29, 2020 Magistrate Judge Ona T. Wang is so redesignated. (wb)
July 29, 2020 NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Cathy Seibel is no longer assigned to the case..(wb)
July 28, 2020 Filing 5 CIVIL COVER SHEET filed..(O'Connor, Thomas)
July 28, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Thomas M. O'Connor. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)
July 28, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Thomas M. O'Connor to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): the incorrect Jury Demand code was selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
July 28, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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..(jgo)
July 28, 2020 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
July 28, 2020 Case Designated ECF. (jgo)
July 27, 2020 Filing 4 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(O'Connor, Thomas) Modified on 7/28/2020 (jgo).
July 27, 2020 Filing 3 DEMAND for Trial by Jury. Document filed by Wal-Mart Stores East, LP.(O'Connor, Thomas)
July 27, 2020 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate WALMART INC., Other Affiliate Wal-Mart De Mexico, Other Affiliate Seiyu for Wal-Mart Stores East, LP. Document filed by Wal-Mart Stores East, LP..(O'Connor, Thomas)
July 27, 2020 Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 161665/2019. (Filing Fee $ 400.00, Receipt Number BNYSDC-20858806).Document filed by Wal-Mart Stores East, LP. (Attachments: #1 Exhibit A-Summons and Complaint and Verified Answer, #2 Exhibit B-Combined Demands with 3017 Demand, #3 Exhibit C-Response to 3017 Demand, #4 Affidavit Affidavit of Mailing).(O'Connor, Thomas)

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Defendant: Wal-Mart Stores East, LP
Represented By: Thomas M. O'Connor
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Plaintiff: Hector Rivera
Represented By: Jay H. Tanenbaum
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