Brawner v. International Business Machines Corporation et al
| Daniel Brawner |
| International Business Machines Corp., Johnson & Johnson Health Care Systems, Inc. and International Business Machines Corporation |
| 7:2023cv10725 |
| December 8, 2023 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 23, 2024. A more recent docket listing may be available from PACER.
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| CASE ACCEPTED AS RELATED. Create association to 7:23-cv-08421-NSR. Notice of Assignment to follow. (tro) |
| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Colleen McMahon is no longer assigned to the case. (tro) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Victoria L. Reznik to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (tro) |
| Filing 19 RESPONSE re: #18 Memo Endorsement, / Letter Response to the Court's January 17, 2024 Order (ECF No. 18). Document filed by International Business Machines Corporation, Johnson & Johnson Health Care Systems, Inc...(Bowen, Lamina) |
| Filing 18 MEMO ENDORSEMENT on re: #17 LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from Lamina Bowen dated January 11, 2024. filed by Johnson & Johnson Health Care Systems, Inc., International Business Machines Corporation. ENDORSEMENT: Why should I stay anything? Why should I not simply transfer this case to Judge Roman? (Signed by Judge Colleen McMahon on 1/17/24) (yv) |
| Filing 17 LETTER MOTION for Extension of Time to File Answer addressed to Judge Colleen McMahon from Lamina Bowen dated January 11, 2024. Document filed by International Business Machines Corporation, Johnson & Johnson Health Care Systems, Inc...(Bowen, Lamina) |
| Filing 16 STATEMENT OF RELATEDNESS re: that this action be filed as related to 7:23-cv-08421-NSR. Document filed by International Business Machines Corporation, Johnson & Johnson Health Care Systems, Inc...(Bowen, Lamina) |
| Filing 15 NOTICE OF APPEARANCE by Lamina E Bowen on behalf of International Business Machines Corporation, Johnson & Johnson Health Care Systems, Inc...(Bowen, Lamina) |
| Filing 14 SUMMONS RETURNED EXECUTED. International Business Machines Corporation served on 12/21/2023, answer due 1/11/2024. Service was accepted by Aeysha Fairley, authorized to accept service o/b/o International Business Machines Corporation. Document filed by Daniel Brawner..(Barrett, Charles) |
| Filing 13 SUMMONS RETURNED EXECUTED. Johnson & Johnson Health Care Systems, Inc. served on 12/18/2023, answer due 2/16/2024. Service was accepted by CT Corporation System, registered agent for Johnson & Johnson Health Care Systems. Document filed by Daniel Brawner..(Barrett, Charles) |
Filing 12
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: It is hereby, ORDERED as follows: Counsel receiving this order shall contact all counsel of record ( or where a party is not yet represented, such party) and, if necessary, provide them with a copy of this order. Except as noted in Paragraph 5 below, counsel for all parties are directed to confer, complete and sign the attached "Civil Case Management Plan" and to fax it to the Court within thirty (30) days. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must appear at a conference on 3/7/2024 at 11:30 a.m., in courtroom 24A, 500 Pearl Street, New York, New York, 10007. (Initial Conference set for 3/7/2024 at 11:30 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 12/14/23) (yv)
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| Filing 11 ELECTRONIC SUMMONS ISSUED as to International Business Machines Corporation..(jgo) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to International Business Machines Corporation, re: #9 Complaint. Document filed by Daniel Brawner..(Barrett, Charles) |
| Filing 9 COMPLAINT against International Business Machines Corporation, Johnson & Johnson Health Care Systems, Inc.. Document filed by Daniel Brawner. (Attachments: #1 Exhibit Exhibit).(Barrett, Charles) |
| NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Jennifer H. Rearden is no longer assigned to the case. (vba) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Charles Foose Barrett to RE-FILE Document No. #8 Request for Issuance of Summons. The filing is deficient for the following reason(s): the summons request was not processed due to deficient pleading;. 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Charles Foose Barrett to RE-FILE Document No. #7 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint 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. (jgo) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to INTERNATIONAL BUSINESS MACHINES CORPORATION, re: #7 Complaint. Document filed by Daniel Brawner..(Barrett, Charles) |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Daniel Brawner. Document filed by Daniel Brawner. (Attachments: #1 Exhibit Exhibit).(Barrett, Charles) Modified on 12/12/2023 (jgo). |
| Filing 6 CIVIL COVER SHEET filed..(Barrett, Charles) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Johnson & Johnson Health Care Systems, Inc...(jgo) |
| Filing 4 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Barrett, Charles) Modified on 12/11/2023 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Charles Foose Barrett. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); Cause of Action code 15:294; Nature of Suit code 360 (P.I.: Other); Citizenship Defendant code none; County code Westchester;. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 4 (Diversity); the Cause of Action code has been modified to 28:1332; the Nature of Suit code has been modified to 370 (Other Fraud); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Charles Foose Barrett to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the incorrect Citizenship Defendant code was selected under Citizenship of Principal Parties; multiple Citizenship Defendant codes 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 October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Charles Foose Barrett to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Complaint 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Charles Foose Barrett. The party information for the following party/parties has been modified: Daniel Brawner; International Business Machines Corp.. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo) |
| 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Charles Foose Barrett to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name on the docket entry text must match exactly as it appears on the pleading caption and must not be abbreviated;. 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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) |
| Case Designated ECF. (jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Johnson & Johnson Health Care Systems, re: #1 Complaint. Document filed by Daniel Brawner..(Barrett, Charles) |
| Filing 2 FILING ERROR - SUMMONS REQUEST As To ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to IBM, re: #1 Complaint. Document filed by Daniel Brawner..(Barrett, Charles) Modified on 12/11/2023 (jgo). |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. (Filing Fee $ 405.00, Receipt Number ANYSDC-28671012)Document filed by Daniel Brawner. (Attachments: #1 Exhibit Exhibit A).(Barrett, Charles) Modified on 12/11/2023 (jgo). |
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