Marr v. EPR Properties, Inc. et al
| Sherrill Joy Marr |
| Premier Parks, LLC, EPR Properties, Inc. and Premier Parks, LLC doing business as Darien Lake Theme Park |
| 1:2021cv00725 |
| June 10, 2021 |
| US District Court for the Western District of New York |
| Jeremiah J McCarthy |
| Lawrence J Vilardo |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Document Text |
|---|
| Filing 14 First Amended ANSWER to Complaint by EPR Properties, Inc., Premier Parks, LLC.(Goodman, David) |
| Filing 13 MOTION to Amend/Correct 12 Text Order,, #2 Notice of Removal by EPR Properties, Inc., Premier Parks, LLC.(Goodman, David) |
| 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). |
| Filing 11 Sealed Document: First Supplemental Rule 7.1 Disclosure. Filed under sealed as per Text Order 9 . (EG) |
| Filing 10 NOTICE of Appearance by Kenneth Patrick Lea Lowe on behalf of All Defendants (Lowe, Kenneth) |
| 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) |
| 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). |
| 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) |
| 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) |
| Filing 5 Corporate Disclosure Statement by EPR Properties, Inc. (Goodman, David) |
| Filing 4 Corporate Disclosure Statement by Premier Parks, LLC. (Goodman, David) |
| 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) |
| Filing 3 NOTICE of Change of Address by David Michael Goodman (Goodman, David) |
| E-Filing Notification: Re #1 Docket Text Modified to Show as Civil Cover Sheet.(TMK) |
| Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) |
| 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) |
| Filing 2 NOTICE OF REMOVAL by All Defendants from Erie County Supreme Court, case number 807416/2020. (Goodman, David) |
| 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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