Martinucci v. Walmart Inc. et al
Plaintiff: Pamela Martinucci
Defendant: Wal-Mart Stores East, L.P., Walmart Inc. and Wal-Mart Stores East, Inc.
Case Number: 1:2021cv00632
Filed: May 18, 2021
Court: US District Court for the Western District of New York
Presiding Judge: Leslie G Foschio
Referring Judge: William M Skretny
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 13, 2021 Opinion or Order Filing 10 SCHEDULING 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.) Mandatory Disclosures due by 7/26/2021. Motions to Join Parties/Amend Pleadings due by 8/2/2021. Stipulation of Selection of Mediator due by 8/10/2021. First Mediation Session due by 10/5/2021. Motions to Compel Discovery due by 1/10/2022. Discovery completed by 2/28/2022. Plaintiff Expert Witness ID due by 5/16/2022. Defendant Expert Witness ID due by 6/30/2022. Dispositive Motions due by 9/15/2022. Mediation To End by 10/14/2022. Final Pretrial Conference set for 10/18/2022 02:00 PM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 7/13/2021. (SDW)
July 13, 2021 Filing 9 Minute Entry for proceedings held before Hon. Leslie G. Foschio: Scheduling TeleConference held on 7/13/2021. Case management order discussed, same to be filed. Appearances: Pltf-Joseph Emminger, Esq., Dft-Pauline Will, Esq. (Court Reporter: AT&T Teleconference Service.) (SDW)
June 8, 2021 Filing 8 DISCOVERY PLAN by Wal-Mart Stores East, Inc., Wal-Mart Stores East, L.P., Walmart Inc..(Will, Pauline)
June 1, 2021 Filing 7 TEXT ORDER. Scheduling Conference set for 7/13/2021 12:00 PM before Hon. Leslie G. Foschio; adjourned from 7/8/2021 at Plaintiff's request with consent of Defendant. Issued by Hon. Leslie G. Foschio on 6/1/2021. (SDW)
May 28, 2021 Opinion or Order Filing 6 ORDER. Scheduling TeleConference set for 7/8/2021 11:00 AM before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 5/28/2021. (SDW)
May 25, 2021 Filing 5 TEXT REFERRAL ORDER. Hon. Leslie G. Foschio, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. 636(b)(1)(A), 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 not 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), unless further ordered by this Court. 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. SO ORDERED. Issued by William M. Skretny, United States District Judge on 5/25/2021. (JCM)
May 19, 2021 Filing 4 Corporate Disclosure Statement by Wal-Mart Stores East, Inc.. (Will, Pauline)
May 19, 2021 Filing 3 Corporate Disclosure Statement by Wal-Mart Stores East, L.P.. (Will, Pauline)
May 19, 2021 Filing 2 Corporate Disclosure Statement by Walmart Inc.. (Will, Pauline)
May 19, 2021 Case assigned to Hon. William M. Skretny. Notification to Chambers of on-line civil case opening. (SG)
May 19, 2021 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG)
May 19, 2021 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)
May 18, 2021 Filing 1 NOTICE OF REMOVAL by All Defendants from Niagara County Supreme Court, case number E174348/2021. (Filing fee $ 402 receipt number 0209-4250416), filed by All Defendants. (Attachments: #1 Certificate of Service, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Civil Cover Sheet)(Will, Pauline)

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Defendant: Wal-Mart Stores East, L.P.
Represented By: Pauline Costanzo Will
Represented By: Jordan D. Mroczek
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Defendant: Walmart Inc.
Represented By: Pauline Costanzo Will
Represented By: Jordan D. Mroczek
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Defendant: Wal-Mart Stores East, Inc.
Represented By: Pauline Costanzo Will
Represented By: Jordan D. Mroczek
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Plaintiff: Pamela Martinucci
Represented By: Joseph Herbert Emminger, Jr.
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