Colosimo v. Walmart, Inc. et al
Plaintiff: Frank Colosimo
Defendant: Walmart, Inc. and Walmart Supercenter
Case Number: 1:2022cv00347
Filed: May 10, 2022
Court: US District Court for the Western District of New York
Presiding Judge: Leslie G Foschio
Referring Judge: Lawrence J Vilardo
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-(Citizenship)
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 28, 2022 Filing 12 TEXT ORDER: The #11 Stipulation of Discontinuance is ordered. The Clerk of the Court shall close the case. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/28/2022. (WMH)Clerk to Follow up
October 27, 2022 Filing 11 STIPULATION of Dismissal by Walmart Supercenter, Walmart, Inc.. (Will, Pauline)
October 6, 2022 Filing 10 TEXT ORDER: The #9 Mediation Certification filed on 10/5/2022 indicates that this matter has settled. Pursuant to Local Rule of Civil Procedure 41(a), the parties have 14 days after the case has settled to submit a stipulation of dismissal or other appropriate document (e.g. consent decree). Local Rule of Civil Procedure 41(a) further provides that if such document is not timely filed, the Court may enter an order dismissing the case as settled, without costs and on the merits. The parties are hereby ordered to submit either a stipulation of dismissal or a status update, or to move for an extension of time to do so, on or before 10/20/2022. Otherwise, the Court will enter an order dismissing the case pursuant to Local Rule 41(a). SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/6/2022. (WMH)
October 5, 2022 Filing 9 Mediation Certification by Michael F Perley. The case has settled. (Perley, Michael)
August 22, 2022 Filing 8 Stipulation-Selection of Mediator by Walmart Supercenter, Walmart, Inc.. (Will, Pauline)
August 9, 2022 Filing 7 TEXT ORDER. The Scheduling Conference set for 8/16/2022 is cancelled. Issued by Hon. Leslie G. Foschio on 8/9/2022. (SDW)
August 9, 2022 Opinion or Order Filing 6 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.) Motions to Join Parties/Amend Pleadings due by 9/1/2022. Mandatory Disclosures due by 9/15/2022. Stipulation of Selection of Mediator due by 9/16/2022. Discovery completed by 10/30/2022. First Mediation Session due by 11/1/2022. Motions to Compel Discovery due by 11/30/2022. Plaintiff Expert Witness ID due by 12/28/2022. Defendant Expert Witness ID due by 3/14/2023. Dispositive Motions due by 9/1/2023. Mediation ends 10/2/2023. Final Pretrial Conference set for 10/3/2023 03:00 PM in via telephone conference before Hon. Leslie G. Foschio.. Signed by Hon. Leslie G. Foschio on 8/9/2022. (SDW)
June 30, 2022 Opinion or Order Filing 5 ORDER. Scheduling Conference set for 8/16/2022 03:00 PM in via telephone conference before Hon. Leslie G. Foschio. Signed by Hon. Leslie G. Foschio on 6/30/2022. (SDW)Teleconference Instructions: Conference telephone number: 1-877-810-9415, access code: 1298279#
June 24, 2022 Filing 4 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. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/24/2022. (WMH)
June 1, 2022 Filing 3 DISCOVERY PLAN by Walmart Supercenter, Walmart, Inc..(Will, Pauline)
May 11, 2022 Filing 2 Corporate Disclosure Statement by Walmart, Inc.. (Will, Pauline)
May 11, 2022 Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK)
May 11, 2022 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
May 11, 2022 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)
May 10, 2022 Filing 1 NOTICE OF REMOVAL by All Defendants from 800297/2022, case number Erie County Supreme Court. (Filing fee $ 402 receipt number ANYWDC-4574805), filed by All Defendants. (Attachments: #1 Certificate of Service, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Exhibit Ex. C, #5 Exhibit Ex. D, #6 Exhibit Ex. E, #7 Civil Cover Sheet)(Will, Pauline)

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Plaintiff: Frank Colosimo
Represented By: Michael J. Cooper, Esq.
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Defendant: Walmart, Inc.
Represented By: Pauline Costanzo Will
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Defendant: Walmart Supercenter
Represented By: Pauline Costanzo Will
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