Marr v. EPR Properties, Inc. et al
Plaintiff: Sherrill Joy Marr
Defendant: Premier Parks, LLC, EPR Properties, Inc. and Premier Parks, LLC doing business as Darien Lake Theme Park
Case Number: 1:2021cv00725
Filed: June 10, 2021
Court: US District Court for the Western District of New York
Presiding Judge: Jeremiah J McCarthy
Referring Judge: Lawrence J Vilardo
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 6, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 6, 2021 Filing 14 First Amended ANSWER to Complaint by EPR Properties, Inc., Premier Parks, LLC.(Goodman, David)
August 6, 2021 Filing 13 MOTION to Amend/Correct 12 Text Order,, #2 Notice of Removal by EPR Properties, Inc., Premier Parks, LLC.(Goodman, David)
August 5, 2021 Filing 12 TEXT ORDER: Before the court is defendants' First Supplemental Rule 7.1 Disclosure #11 . By August 19, 2021, defendants shall: 1) amend the Notice of Removal ( #2 at paragraph 27) and Answer ( #2 at 17) to reflect that EPR Properties is not a limited liability company; and 2) file a statement (under seal, if necessary) identifying the names and citizenships of any members that are identified as limited liability companies, and if any of their 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 8/5/21. (MDY).
August 4, 2021 Filing 11 Sealed Document: First Supplemental Rule 7.1 Disclosure. Filed under sealed as per Text Order 9 . (EG)
July 29, 2021 Filing 10 NOTICE of Appearance by Kenneth Patrick Lea Lowe on behalf of All Defendants (Lowe, Kenneth)
July 29, 2021 Filing 9 TEXT ORDER: Defendants' unopposed Motion to Seal #8 is granted. The statement listing the names and citizenship of each member of Premier Parks, LLC may be submitted to the court for filing under seal. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/29/2021. (EG)
July 29, 2021 Filing 8 Letter MOTION TO SEAL filed by Premier Parks, LLC, EPR Properties, Inc. as to Premier Parks, LLC, EPR Properties, Inc. . (Goodman, David) Modified on 7/29/2021 to convert to motion (EG).
July 22, 2021 Filing 7 TEXT ORDER: Defendants are identified in the Notice of Removal as limited liability companies. See Notice of Removal #2 at paragraphs 27 and 28. Contrary to the Notice of Removal which relies on the state of incorporation and principal place of business for defendants' citizenships (id. at paragraph 29), 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 August 5, 2021, defendants shall file a statement listing the names and citizenships of each of their members, and if any of their 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 7/22/21. (MDY)
July 21, 2021 Filing 6 TEXT REFERRAL ORDER - Hon. Jeremiah J. McCarthy, 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. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/21/2021. (CMD)
June 15, 2021 Filing 5 Corporate Disclosure Statement by EPR Properties, Inc. (Goodman, David)
June 15, 2021 Filing 4 Corporate Disclosure Statement by Premier Parks, LLC. (Goodman, David)
June 14, 2021 ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM)
June 11, 2021 Filing 3 NOTICE of Change of Address by David Michael Goodman (Goodman, David)
June 11, 2021 E-Filing Notification: Re #1 Docket Text Modified to Show as Civil Cover Sheet.(TMK)
June 11, 2021 Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK)
June 11, 2021 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
June 11, 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. (TMK)
June 10, 2021 Filing 2 NOTICE OF REMOVAL by All Defendants from Erie County Supreme Court, case number 807416/2020. (Goodman, David)
June 10, 2021 Filing 1 CIVIL COVER SHEET by All Defendants from Erie County Supreme Court, case number 807416/2020. (Filing fee $ 402 receipt number 0209-4272822), filed by All Defendants.(Goodman, David) Modified on 6/11/2021 (TMK).

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Defendant: Premier Parks, LLC
Represented By: David Michael Goodman
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Defendant: EPR Properties, Inc.
Represented By: David Michael Goodman
Represented By: Kenneth Patrick Lea Lowe
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Defendant: Premier Parks, LLC doing business as Darien Lake Theme Park
Represented By: David Michael Goodman
Represented By: Kenneth Patrick Lea Lowe
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Plaintiff: Sherrill Joy Marr
Represented By: Norton T. Lowe
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