Morgan v. Oshkosh Corporation et al
Plaintiff: April S. Morgan
Defendant: Oshkosh Corporation and Oshkosh Defense, LLC
Case Number: 1:2021cv00779
Filed: July 2, 2021
Court: US District Court for the Western District of New York
Presiding Judge: H Kenneth Schroeder
Referring Judge: Lawrence J Vilardo
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1446
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2021 Opinion or Order Filing 11 NOTICE of Appearance by Ethan S. Notarius on behalf of Oshkosh Corporation, Oshkosh Defense, LLC (Notarius, Ethan)
August 25, 2021 Opinion or Order Filing 10 Stipulation-Selection of Mediator by April S. Morgan (Attachments: #1 Certificate of Service)(Wischerath, Melissa)
August 25, 2021 Opinion or Order Filing 9 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.) Stipulation of Selection of Mediator due by 9/30/2021; First Mediation Session due by 11/15/2021; Defendant Expert Witness ID due by 5/5/2022; Discovery completed by 6/28/2022; Dispositive Motions due by 8/31/2022; Mediation To End by 9/16/2022. Signed by Hon. H. Kenneth Schroeder Jr. on 8/25/2021. (LMG)
August 25, 2021 Opinion or Order Filing 8 Proposed Pretrial Order -Case Management Order by April S. Morgan. (Wischerath, Melissa)
August 10, 2021 Opinion or Order Filing 7 ORDER regarding issuance of Case Management Order. Signed by Hon. H. Kenneth Schroeder Jr. on 8/10/21. (Attachments: #1 Case Management Order Form, #2 Consent Memorandum, #3 Consent Form)(LMG)
August 5, 2021 Opinion or Order Filing 6 TEXT REFERRAL ORDER - Hon. H. Kenneth Schroeder, Jr., 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 8/5/2021. (CMD)
July 14, 2021 Opinion or Order Filing 5 NOTICE of Appearance by Melissa Dorothy Wischerath on behalf of April S. Morgan (Wischerath, Melissa)
July 6, 2021 Opinion or Order Notified Multi-District Litigation Panel of potential tag-along case. (TMK)
July 6, 2021 Opinion or Order AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
July 6, 2021 Opinion or Order Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK)
July 6, 2021 Opinion or Order 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)
July 2, 2021 Opinion or Order Filing 4 NOTICE of Appearance by Anthony J. Colucci, III on behalf of Oshkosh Corporation, Oshkosh Defense, LLC (Colucci, Anthony)
July 2, 2021 Opinion or Order Filing 3 Corporate Disclosure Statement by Oshkosh Corporation. (Mantharam, Marybeth)
July 2, 2021 Opinion or Order Filing 2 Corporate Disclosure Statement by Oshkosh Corporation, Oshkosh Defense, LLC. (Mantharam, Marybeth)
July 2, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL by Oshkosh Defense, LLC, Oshkosh Corporation from Erie County Supreme Court, case number 806985/2021. (Filing fee $ 402 receipt number 0209-4292948), filed by Oshkosh Defense, LLC, Oshkosh Corporation. (Attachments: #1 Exhibit A - Summons & Complaint, #2 Exhibit B- Process of Service, #3 Exhibit C - Process of Service, #4 Exhibit D - Notices of Electronic Filing, #5 Exhibit E - Answer to Complaint, #6 Exhibit F - Corporation Search, #7 Exhibit G - Corporation Search, #8 Exhibit H - Notice to Admit, #9 Exhibit I - Index of Documents, #10 Civil Cover Sheet)(Mantharam, Marybeth)

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Plaintiff: April S. Morgan
Represented By: James T. Scime
Represented By: Melissa Dorothy Wischerath
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Defendant: Oshkosh Corporation
Represented By: Marybeth Priore Mantharam
Represented By: Anthony J. Colucci, III
Represented By: Ethan S. Notarius
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Defendant: Oshkosh Defense, LLC
Represented By: Marybeth Priore Mantharam
Represented By: Anthony J. Colucci, III
Represented By: Ethan S. Notarius
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