Hammer v. JC Penny Corporation, Inc. et al
| Mary Marlene Hammer |
| JC Penney Corporation, Inc., JC Penney Company, Inc., Penney IP Holdings, LLC and Penney IP LLC |
| 1:2023cv00021 |
| January 10, 2023 |
| US District Court for the Western District of New York |
| Leslie G Foschio |
| Lawrence J Vilardo |
| P.I.: Other |
| 28 U.S.C. ยง 1391 Personal Injury |
| Defendant |
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Filing 7
ORDER. Each party, including any party appearing for themselves without counsel, shall provide to the court, either jointly or separately, a proposed case management order not later than 3/28/2023 for the purpose of entry of a case management order as required by Fed.R.Civ.P. 16(b). Upon receipt of the proposed case management order(s), a Scheduling Order will be prepared and filed by the court. Signed by Hon. Leslie G. Foschio on 2/17/2023. (SDW)This was mailed to: Plaintiff's Attorney: Donald J. Tucker, Esq.
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| Filing 6 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 2/13/2023. (WMH) Modified on 2/13/2023 to reflect that this entry was mailed to the plaintiff's attorney. (WMH). |
| Filing 5 Corporate Disclosure Statement by JC Penney Company, Inc., JC Penney Corporation, Inc., Penney IP Holdings, LLC, Penney IP LLC. (Ferrandino, Adam) |
| Filing 4 TEXT ORDER granting #3 Motion for Extension of Time. The time for the defendants to file a Rule 7.1 statement is extended until 2/1/2023. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/25/2023. (WMH) |
| Filing 3 First MOTION for Extension of Time to File to File 7.1 Corporate Statement by JC Penney Company, Inc., JC Penney Corporation, Inc., Penney IP Holdings, LLC, Penney IP LLC.(Ferrandino, Adam) |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ) |
| Filing 2 ANSWER to Complaint by JC Penney Company, Inc., JC Penney Corporation, Inc., Penney IP Holdings, LLC, Penney IP LLC. (Attachments: #1 Certificate of Service)(Ferrandino, Adam) |
| ATTENTION CORPORATION PLAINTIFFS OR INTERVENORS: Pursuant to Fed. R. Civ. P.7.1 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 Penney IP Holdings, LLC, JC Penney Company, Inc., JC Penny Corporation, Inc., Penney IP LLC from Erie County Superme Court, case number 811193/2022. (Filing fee $ 402 receipt number ANYWDC-4766572), filed by Penney IP Holdings, LLC, JC Penney Company, Inc., JC Penny Corporation, Inc., Penney IP LLC. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Notice of Removal filed in State Court, #3 Appendix Index of Filings, #4 Appendix Summons and Complaint, #5 Appendix Notice of Removal filed in State Court, #6 Appendix Civil Index Sheet filed in State Court, #7 Appendix Civil Index Sheet)(Ferrandino, Adam) |
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