Weslowski, et al v. The Home Depot U.S.A., Inc.
Plaintiff: Virginia Weslowski and Benedict Weslowski
Defendant: The Home Depot U.S.A., Inc., and The Home Depot U.S.A., Inc.
Case Number: 6:2018cv06576
Filed: August 7, 2018
Court: US District Court for the Western District of New York
Office: Rochester Office
County: Albany
Presiding Judge: Frank P Geraci
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1446
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 8, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 6, 2018 E-Filing Notification: Clerk revised docket text of #5 to "AFFIRMATION in Response" to reflect correct filing event. (JHF)
September 5, 2018 Filing 5 AFFIRMATION in Response to #4 Order to Show Cause filed by The Home Depot U.S.A., Inc. (Attachments: #1 Exhibit A - Incident Witness Statement, #2 Exhibit B - Summons & Complaint, #3 Exhibit C - Home Depot's Answer to Plaintiffs' Verified Complaint, #4 Exhibit D - Demand for Supplemental Statement of Damages, #5 Exhibit E - Home Depot's Combined Demands - Notice for Discovery and Inspection - Demand for a Verified Bill of Particulars, #6 Exhibit F - December 5, 2017 Good Faith Letter, #7 Exhibit G - March 5, 2018 Good Faith Letter, #8 Exhibit H - July 5, 2018 Good Faith Letter, #9 Exhibit I - August 3, 2018 Email to Plaintiffs' Counsel, #10 Exhibit J - Augst 6, 2018 Emails and Good Faith Letter, #11 Exhibit K - Petition for Removal of Action, #12 Exhibit L - August 7, 2018 Email from Plaintiffs' Counsel stating Plaintiffs' are seeking other counsel)(Kelly, Meagan) Modified on 9/6/2018 (JHF).
August 15, 2018 Opinion or Order Filing 4 ORDER TO SHOW CAUSE: For the reasons stated, Defendant is hereby Ordered to Show Cause, in writing and by September 5, 2018, why this case should not be remanded to the Supreme Court of the State of New York, Monroe County, for lack of subject matter jurisdiction. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 8/15/18. (KAJ)
August 10, 2018 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(KM)
August 10, 2018 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. (KM)
August 8, 2018 Filing 3 Corporate Disclosure Statement by THE HOME DEPOT U.S.A., INC. identifying Corporate Parent Home Depot, Inc. for THE HOME DEPOT U.S.A., INC. (Attachments: #1 Affidavit Affidavit of Service - Rule 7.1 Disclosure)(Kelly, Meagan)
August 8, 2018 Filing 2 AFFIDAVIT re #1 Notice of Removal, Affidavit of Service of Petition for Removal of Action by THE HOME DEPOT U.S.A., INC. (Kelly, Meagan)
August 8, 2018 E-Filing Notification regarding #1 NOTICE OF REMOVAL. Filer to file should file an index of documents filed/ served in the state court action using the (continuation of exhibits )event. (KM)
August 7, 2018 Filing 1 NOTICE OF REMOVAL by All Defendants The Home Depot U.S.A., Inc. from New York State Supreme Court, Monroe County, case number 2017-8132. (Filing fee $ 400 receipt number 0209-3184529), filed by All Defendants. (Attachments: #1 Exhibit A - Summons & Complaint, #2 Exhibit B - Answer, #3 Exhibit C - Demand, #4 Exhibit D - Good Faith Letter, #5 Exhibit E - Good Faith Letter, #6 Exhibit F - Good Faith Letter, #7 Exhibit G - Email, #8 Exhibit H - Email)(Kelly, Meagan)

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Plaintiff: Virginia Weslowski
Represented By: Richard C. Miller
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Plaintiff: Benedict Weslowski
Represented By: Richard C. Miller
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Defendant: The Home Depot U.S.A., Inc.,
Represented By: Yasmeen Khali Gumbs
Represented By: David M. Pollack
Represented By: Meagan M. Kelly
Represented By: Michael Giacopelli
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Defendant: The Home Depot U.S.A., Inc.
Represented By: Meagan M. Kelly
Represented By: Michael Giacopelli
Represented By: David M. Pollack
Represented By: Yasmeen Khali Gumbs
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