Phelps v. Avi Foodsystems, Inc.
| Yolanda Phelps |
| Avi Foodsystems, Inc. and AVI Food Systems, Inc. |
| 1:2018cv00793 |
| July 19, 2018 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Allegany |
| Hugh B Scott |
| Lawrence J Vilardo |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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This docket was last retrieved on September 11, 2018. A more recent docket listing may be available from PACER.
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Filing 14
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERThis case has been referred to the undersigned for pretrial proceedings. A scheduling conference will be held on 10/31/2018 at 11:00 AM, in the courtroom of the undersigned at 2 Niagara Square, Buffalo, New York.PRIOR TO THE SCHEDULING CONFERENCE, THE PARTIES MUST COMPLY WITH THE REQUIREMENTS OF RULE 26 OF THE FEDERAL RULES OF CIVIL PROCEDURE. This means that, at a minimum, (1) the parties must complete initial disclosures as required by Rule 26(a)(1); (2) the parties must meet and confer as required under Rule 26(f); and (3) the parties must file a proposed discovery plan at least seven (7) days prior to the scheduling conference as also required by Rule 26(f). Under 28 U.S.C. 636(c), the parties at any time may consent to have the Magistrate Judge adjudicate individual dispositive proceedings or all proceedings in this case, including a jury or non-jury trial and entry of final judgment. (See also Fed. R. Civ. P. 73.) The parties are encouraged to consider potential benefits of a Rule 73 consent, including earlier motion resolution and trial scheduling; however, there will be no adverse consequences at all should the parties decline. A copy of the Court's chamber guide, also available on the WDNY website, is attached for counsel's convenience.SO ORDERED. Issued by Hon. Hugh B. Scott on 9/11/2018. (GAI)
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| Filing 13 TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Hugh B. Scott, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 9/10/2018. (CMD) |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(NRE) |
| Filing 12 ANSWER to #1 Complaint by AVI Food Systems, Inc..(Anderson, Timothy) |
| Filing 11 TEXT ORDER. IT HEREBY IS ORDERED THAT the #10 Motion for Pro Hac Vice Admission of Timothy S. Anderson, Esq., is GRANTED. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/23/2018. (CMD) |
| Verified admission to the Ohio State Bar for Attorney Timothy S. Anderson. (NRE) |
| Filing 10 MOTION to appear pro hac vice of Timothy S. Anderson ( Filing fee $ 150 receipt number 0209-3195737.) by AVI Food Systems, Inc.. (Attachments: #1 Admission Petition Form, #2 Sponsor Affidavit of Pamela S.C. Reynolds, #3 Attorney's Oath, #4 WDNY Civility Principles Oath, #5 Attorney Database Form, #6 CM/ECF Registration Form)(Reynolds, Pamela) |
| Filing 9 TEXT ORDER. The #5 stipulation for extension of time to answer is HEREBY SO ORDERED. The defendant's time to answer or otherwise make motions with respect to the complaint is extended to 9/7/2018. Issued by Hon. Lawrence J. Vilardo on 8/15/2018. (CMD) |
| Filing 8 AFFIDAVIT of Service for complaint served on AVI Foodsystems, Inc. on 08/02/2018, filed by Yolanda Phelps. (Korn, Lindy) |
| Filing 7 AFFIDAVIT of Service for Complaint served on Alfred University on 07/27/2018, filed by Yolanda Phelps. (Korn, Lindy) |
| Filing 6 Corporate Disclosure Statement by AVI Food Systems, Inc.. (Reynolds, Pamela) |
| Filing 5 STIPULATION re #1 Complaint Joint Stipulation Extending Time For Defendant to Respond to Plaintiff's Complaint by AVI Food Systems, Inc.. (Reynolds, Pamela) |
| Filing 4 NOTICE of Appearance by Pamela S.C. Reynolds on behalf of AVI Food Systems, Inc. (Reynolds, Pamela) |
| Filing 3 NOTICE of Appearance by Catherine Jane McCulle on behalf of Yolanda Phelps (McCulle, Catherine) |
| Filing 2 Summons Issued as to AVI Food Systems, Inc.. (Attachments: #1 summons issued)(SG) |
| Case assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (SG) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(SG) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (SG) |
| Filing 1 COMPLAINT against Avi Foodsystems, Inc. $ 400 receipt number 0209-3168151, filed by Yolanda Phelps. (Attachments: #1 summons, #2 Summons, #3 Civil Cover Sheet)(Korn, Lindy) |
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