Carter et al v. Sunbeam Products, Inc. et al
| Michelle Carter and Corey Carter |
| Sunbeam Products, Inc. and Walmart, Inc. |
| 1:2022cv00275 |
| April 11, 2022 |
| US District Court for the Western District of New York |
| Christina Reiss |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Defendant |
Docket Report
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This docket was last retrieved on July 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 SCHEDULING/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.) Plaintiff Expert Witness ID due by 9/15/2023. Defendant Expert Witness ID due by 11/30/2023. Dispositive Motions due by 4/1/2024.. Signed by Hon. Christina Reiss on 7/24/23. (SG) |
| Filing 28 DECLARATION signed by Thomas M. DeMicco, Esq re #27 MOTION for Extension of Time to Complete Discovery filed by Sunbeam Products, Inc. filed by Sunbeam Products, Inc.. (Attachments: #1 Exhibit Thomas M. DeMicco Attorney Declaration, #2 Text of Proposed Order - Proposed Second Amended Order)(Black, David) |
| Filing 27 MOTION for Extension of Time to Complete Discovery by Sunbeam Products, Inc..(Black, David) |
Filing 26
STIPULATION AND ORDER dismissing the action with prejudice as to Defendant Walmart, Inc.. Signed by Hon. Christina Reiss on 5/23/23. (SG)
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| Filing 25 STIPULATION of Dismissal of Defendant,Walmart, Inc. only (request to so order) by Walmart, Inc.. (Martin, Kathleen) |
| Filing 24 Mediation Certification by michael menard. Mediation session has been adjourned to 7/11/2023.(Menard, Michael) |
| Filing 23 AMENDED SCHEDULING/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.) Discovery completed by 5/31/2023. Motions to Compel Discovery due by 5/31/2023. Motions to Join Parties/Amend Pleadings due by 6/27/2023. Plaintiff Expert Witness ID due by 6/30/2023. Defendant Expert Witness ID due by 7/31/2023. Motions due by 11/14/2023.. Signed by Hon. Christina Reiss on 4/3/23. (SG) |
| Filing 22 Proposed Pretrial Order [Proposed Order on Consent Extending Parties' Joint Rule 26(f)1) Report and Discovery Plan Deadlines] by Sunbeam Products, Inc.. (Black, David) |
| Filing 21 DECLARATION signed by Thomas M. DeMicco re #20 MOTION for Extension of Time to Complete Discovery filed by Sunbeam Products, Inc. filed by Sunbeam Products, Inc.. (Attachments: #1 Exhibit Pajak consent, #2 Exhibit Moffett Consent)(Black, David) |
| Filing 20 MOTION for Extension of Time to Complete Discovery by Sunbeam Products, Inc..(Black, David) |
| Filing 19 NOTICE of Appearance by David Black on behalf of Sunbeam Products, Inc. (Black, David) |
| Filing 18 Mediation Certification by michael menard. The case has not settled mediation will continue on 4/6/2023.(Menard, Michael) |
| Filing 17 STIPULATED PROTECTIVE ORDER. Signed by Hon. Christina Reiss on 11/15/22. (SG) |
| Filing 16 STIPULATION of Protective Order by Walmart, Inc.. (Moffett, Brent) |
| Filing 15 SCHEDULING/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.) Mandatory Disclosures due by 11/15/2022. Discovery completed by 4/1/2023. Motions to Join Parties/Amend Pleadings due by 4/28/2023. Plaintiff Expert Witness ID due by 5/1/2023. Defendant Expert Witness ID due by 6/1/2023. Dispositive Motions due by 9/15/2023.. Signed by Hon. Christina Reiss on 10/11/22. (SG) |
| Filing 14 Minute Entry for proceedings held before Hon. Christina Reiss: Scheduling Conference held on 10/11/2022. The Court will approve and sign the proposed discovery schedule. The parties may request a telephone conference with the Court if issues arise. APPEARANCES: Gregory Pajak, Esq., for plaintiffs; Kathleen Martin, Esq., and Brent Moffett, Esq., for defendant Walmart, Inc.; Thomas DeMicco, Esq., for defendant Sunbeam Products, Inc. (All Appearances by Zoom for Government)(JDK) |
| Filing 13 NOTICE of Appearance by Thomas M. DeMicco on behalf of Sunbeam Products, Inc. (DeMicco, Thomas) |
| Filing 12 REPORT of Rule 26(f) Planning Meeting. (Moffett, Brent) |
| SCHEDULING NOTICE: Scheduling Conference is rescheduled for 10/11/2022 at 3:00 PM before Hon. Christina Reiss to be held remotely via Zoom for Government. The Court will send counsel a separate email link to join the conference. (JDK) |
| Filing 11 Minute Entry for proceedings held before Hon. Christina Reiss: Scheduling Conference was not held on 9/29/2022, no appearance by counsel for defendant Sunbeam Products, Inc. The Court notes that the parties failed to submit a proposed case management order, the proposed case management order shall be due within the next 5 business days, thereafter the conference will be rescheduled. APPEARANCES: Gregory Pajak, Esq., for plaintiff; Kathleen Martin, Esq., and Brent Moffett, Esq., for defendant Walmart, Inc. No appearance by Sunbeam Products, Inc. (All Appearances by Zoom for Government)(JDK) |
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Filing 10
ORDER Re: Scheduling Conference. Signed by Hon. Christina Reiss on 9/19/2022. (Attachments: #1 Case Management Order Template) (JLV)
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| Filing 9 TEXT ORDER granting #8 Motion for Pro Hac Vice of Brent S. Moffett. Signed by Hon. Christina Reiss on 9/19/22. (SG) |
| NOTICE of Hearing: Scheduling Conference set for 9/29/2022 04:00 PM in via video conference before Hon. Christina Reiss. Counsel will be emailed the Zoom for Government invite. (LMD) |
| Filing 8 MOTION to appear pro hac vice of Brent S. Moffett ( Filing fee $ 200 receipt number ANYWDC-4665218.) by Walmart, Inc.. (Attachments: #1 Sponsor Affidavit, #2 Petition for Admission Pro Hac Vice, #3 Attorney Oath, #4 Civility Principals Oath, #5 Database Registration, #6 Certificate of Service, #7 Certificate of Good Standing)(Martin, Kathleen) |
| E-filing Notification regarding: #7 Notice of Substitution of Counsel, Clerk did not substitute attorneys because the document does not comply with Local Rule 83.2(c)(1). A stipulation will effectuate a substitution only where counsel certify that a successor attorney has already or will simultaneously file a notice of appearance, no evidentiary hearing or trial date has been scheduled, and the withdrawal/substitution will not require amendment of case management order deadlines. ACTION REQUIRED: Refile this document with the appropriate certification or file a motion in accordance with L.R.Civ.P. 83.2(c)(4). (SG) |
| Filing 7 Notice of Substitution of Counsel: Wilson Elser Moskowitz Edelman & Dicker, LLP is substituted for Goldberg Segalla, LLP. CLERK TO FOLLOW UP (DeMicco, Thomas) |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG) |
| Filing 6 ANSWER to Complaint by Walmart, Inc..(Martin, Kathleen) |
| Filing 5 ANSWER to Complaint by Sunbeam Products, Inc..(Martin, Kathleen) |
| Case assigned to Hon. Christina Reiss. Notification to chambers of online civil opening. (LB) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (LB) |
| 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. (LB) |
| Filing 4 Corporate Disclosure Statement by Walmart, Inc.. (Martin, Kathleen) |
| Filing 3 Corporate Disclosure Statement by Sunbeam Products, Inc. identifying Corporate Parent Newell Brands, Inc. for Sunbeam Products, Inc... (Martin, Kathleen) |
| Filing 2 DEMAND for Trial by Jury by Sunbeam Products, Inc., Walmart, Inc.. (Martin, Kathleen) |
| Filing 1 NOTICE OF REMOVAL by Walmart, Inc., Sunbeam Products, Inc. from New York State Supreme Court, Erie County, case number 802757/2022. (Filing fee $ 402 receipt number ANYWDC-4550851), filed by Walmart, Inc., Sunbeam Products, Inc.. (Attachments: #1 Civil Cover Sheet)(Martin, Kathleen) |
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