Hicks v. Lowe's Home Centers, LLC

Plaintiff: Dwight D. Hicks
Defendant: Lowe's Home Centers, LLC
Case Number: 1:2018cv01264
Filed: November 9, 2018
Court: New York Western District Court
0 Judge: Jeremiah J McCarthy
1 Judge: Elizabeth A Wolford
Nature of Suit: P.I.: Other
Cause of Action: 28:1441
Jury Demanded By: None

Docket Report

This docket was last retrieved on December 20, 2018. A more recent docket listing may be available from PACER.

Date Filed#Document Text
December 20, 2018 15 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: In Chambers Scheduling Conference held on 12/20/2018. Discussed/set Case Management Order deadlines. CMO to follow. APPEARANCES: John V. Elmore (via telephone) for plaintiff; Kenneth L. Bostick for defendant. (DAZ)
December 20, 2018 14 CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Dispositive Motions due by 2/3/2020. If no pretrial dispositive motions are filed, the parties shall appear on 2/6/2020 at 10:00AM before Hon. Jeremiah J. McCarthy to schedule a trial date. Signed by Hon. Jeremiah J. McCarthy on 12/20/18. (DAZ)
December 20, 2018 13 DISCOVERY PLAN by Lowe's Home Centers, LLC.(Bostick, Kenneth)
December 10, 2018 12 TEXT ORDER: The December 20, 2018 Preliminary Pretrial Conference is reset to 3:00 PM before Hon. Jeremiah J. McCarthy. The parties may appear in person or participate by telephone in the conference. For those electing to participate by telephone, the court has arranged a dial-in teleconference. To access the teleconference, the parties shall dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 12/10/18. (DAZ)
November 29, 2018 11 Featured Case ORDER OF PRELIMINARY PRETRIAL Conference set for 12/20/2018 at 04:00 PM before Hon. Jeremiah J. McCarthy. Signed by Hon. Jeremiah J. McCarthy on 11/29/18. (DAZ)
November 28, 2018 10 AMENDED DOCUMENT by Lowe's Home Centers, LLC. Amendment to #9 Corporate Disclosure Statement . (Bostick, Kenneth)
November 28, 2018 9 Corporate Disclosure Statement by Lowe's Home Centers, LLC. (Bostick, Kenneth)
November 27, 2018 8 TEXT ORDER: "Courts have an independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it." Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010). For purposes of diversity jurisdiction, a limited liability company has the citizenship of each of its members. See Handelsman v. Bedford Village Associates Limited Partnership, 213 F.3d 48, 51-52 (2d Cir. 2000). Therefore, on or before December 7, 2018, defendant shall file a statement listing the names and citizenships of each of its members, and if any of its members are also limited liability companies (or limited liability partnerships), the names and citizenships of each of their members (or partners) shall also be identified. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/27/18. (DAZ)
November 21, 2018 7 TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Jeremiah J. McCarthy for all pretrial matters excluding dispositive motions.IT IS SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/21/2018. (KM)
November 20, 2018 6 Featured Case ORDER OF MAGISTRATE JUDGE HUGH B. SCOTTTEXT ORDER re 5 Text Order Referring Case to Magistrate Judge, ORDER OF RECUSAL.Hon. Hugh B. Scott recused. Court Clerk to reassign referral of this case to another Magistrate Judge.So Ordered. Signed by Hon. Hugh B. Scott on 11/20/2018. (DRH)-CLERK TO FOLLOW UP-
November 19, 2018 5 TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Hugh B. Scott for all pretrial matters excluding dispositive motions. IT IS SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/19/2018. (KM)
November 16, 2018 4 NOTICE of Appearance by Kenneth L. Bostick on behalf of Lowe's Home Centers, LLC (Bostick, Kenneth)
November 16, 2018 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KM)
November 16, 2018 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. (KM)
November 16, 2018 Case assigned to Hon. Elizabeth A. Wolford. Notification to chambers of on-line civil opening. (KM)
November 12, 2018 3 ANSWER to Complaint (Notice of Removal) by Lowe's Home Centers, LLC. (Hanna, Joseph)
November 12, 2018 2 Corporate Disclosure Statement by Lowe's Home Centers, LLC. (Hanna, Joseph)
November 9, 2018 1 NOTICE OF REMOVAL by Lowe's Home Centers, LLC from Erie County Supreme Court, case number 815459/2018. (Filing fee $ 400 receipt number 0209-3274655), filed by Lowe's Home Centers, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Hanna, Joseph)

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Plaintiff: Dwight D. Hicks
Represented By: John V. Elmore
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Defendant: Lowe's Home Centers, LLC
Represented By: Joseph Maron Hanna
Represented By: Kenneth L. Bostick
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