Buck et al v. Wal-Mart Real Estate Business Trust et al
| Cheryl Buck and Richard Buck |
| Wal-Mart Real Estate Business Trust, Walmart, Inc., Wal-Mart Stores East, Inc., Wal-Mart Stores East, LP, Construction Management Services a/k/a GLP Construction Management Services, Construction Management Services and GLP Construction Management Services |
| 1:2022cv00910 |
| November 22, 2022 |
| US District Court for the Western District of New York |
| Jeremiah J McCarthy |
| Lawrence J Vilardo |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on January 12, 2023. A more recent docket listing may be available from PACER.
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Filing 13
ORDER OF PRELIMINARY PRETRIAL CONFERENCE. As set forth in the order, a teleconference is set for 2/9/2023 at 10:00 AM before Hon. Jeremiah J. McCarthy. To access the teleconference, the parties shall dial 888-808-6929 and enter access code 1533000# sufficiently in advance of the proceeding. It remains the parties' responsibility to read and comply with the attached Order. Signed by Hon. Jeremiah J. McCarthy on 1/12/2023. (EG)
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| E-Filing Notification: #12 Statement of Citizenship. Docket text modified for filing event. (RE) |
| Filing 12 Statement of Citizenship by Construction Management Services. (Attachments: #1 Certificate of Service)(Hriczko, Nicholas) Modified docket text on 1/12/2023 (RE). |
| Filing 11 TEXT ORDER: For purposes of diversity jurisdiction, 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 January 18, 2023, defendant Construction Management Services, LLC shall file a statement listing the names and citizenships of each of its members, and if any of its 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 1/4/23. (MDY) |
| Filing 10 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 1/4/2023. (DJ) |
| Filing 9 DISCOVERY PLAN by Wal-Mart Real Estate Business Trust, Wal-Mart Stores East, Inc., Wal-Mart Stores East, LP, Walmart, Inc..(Will, Pauline) |
| Filing 8 Corporate Disclosure Statement by Construction Management Services. (Attachments: #1 Certificate of Service) (Chelus, Michael) |
| Filing 7 NOTICE of Appearance by Michael Martin Chelus on behalf of Construction Management Services. (Attachments: #1 Certificate of Service) (Chelus, Michael) |
| Filing 6 NOTICE of Appearance by Nicholas M. Hriczko on behalf of Construction Management Services. (Attachments: #1 Certificate of Service) (Hriczko, Nicholas) |
| Filing 5 Corporate Disclosure Statement by Wal-Mart Stores East, Inc.. (Will, Pauline) |
| Filing 4 Corporate Disclosure Statement by Wal-Mart Stores East, LP. (Will, Pauline) |
| Filing 3 Corporate Disclosure Statement by Walmart, Inc.. (Will, Pauline) |
| Filing 2 NOTICE of Appearance by Melissa Dorothy Wischerath on behalf of All Plaintiffs (Wischerath, Melissa) |
| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: Pursuant to Fed. R. Civ. P.7.1(b) and/or General Order No. 157 In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Corporate Disclosure Statements are to be filed within seven (7) days of this notice. (KM) |
| 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 1 NOTICE OF REMOVAL by Wal-Mart Stores East, LP, Walmart, Inc., Wal-Mart Real Estate Business Trust, Wal-Mart Stores East, Inc. from Erie County Supreme Court, case number 806262/2022. (Filing fee $ 402 receipt number ANYWDC-4730780), filed by Wal-Mart Stores East, LP, Walmart, Inc., Wal-Mart Real Estate Business Trust, Wal-Mart Stores East, Inc.. (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 Exhibit Ex F, #8 Civil Cover Sheet)(Will, Pauline) |
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