Caverly v. Walmart Inc. et al
Plaintiff: Kevin Caverly
Defendant: Walmart Inc., Coca-Cola Beverages Northeast, Inc. f/k/a Coca-Cola Bottling Company of Norther New England, Inc. and Coca-Cola Beverages Northeast, Inc.
Case Number: 6:2020cv06784
Filed: October 1, 2020
Court: US District Court for the Western District of New York
Presiding Judge: Frank P Geraci
Referring Judge: Marian W Payson
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1446
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 20, 2021 Filing 14 Mediation Certification by Paul Leclair. The case has not settled mediation will continue on 2/12/2021.(Leclair, Paul)
January 5, 2021 Filing 12 Stipulation-Selection of Mediator by Walmart Inc.. (Will, Pauline)
January 4, 2021 E-Filing Notification: #11 Stipulation-Selection of Mediator by Walmart Inc. Janice Berkowitz, Esq. does not appear in the case as Counsel for Defendant Coca-Cola Beverages Northeast, Inc., f/k/a Coca-Cola Bottling Company of Northern New England, Inc. Action Required: submit Notice of Appearance or re-submit document with signatures from counsel appearing on case. (AMW)
December 31, 2020 Filing 11 Stipulation-Selection of Mediator by Walmart Inc.. (Will, Pauline)
December 1, 2020 Filing 10 Minute Entry for proceedings held before Hon. Marian W. Payson: Telephone Scheduling Conference held on 12/1/2020. Appearances: Ted A. Barraco, Esq., Pauline C. Will, Esq., Frank A. Cecere, Esq. (CAM)
December 1, 2020 Opinion or Order Filing 9 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.) Telephone Status Conference set for 4/27/2021 11:40 AM before Hon. Marian W. Payson. Dial-in instructions will be emailed to counsel prior to the conference. Stipulation of Selection of Mediator due by 12/29/2020. First Mediation Session due by 1/15/2021. Mediation To End by 3/15/2021. Mandatory Disclosures due by 12/1/2020. Motions to Join Parties/Amend Pleadings due by 2/26/2021. Fact Discovery to be completed by 5/17/2021. Motions to Compel Discovery due by 4/16/2021. Plaintiff Expert Witness ID due by 6/30/2021. Defendant Expert Witness ID due by 8/16/2021. Expert Discovery to be completed by 9/30/2021. Dispositive Motions due by 11/30/2021. Signed by Hon. Marian W. Payson on 12/1/2020. (KAH)
October 26, 2020 Filing 7 ANSWER to Complaint by Coca-Cola Beverages Northeast, Inc..(Cecere, Frank)
October 26, 2020 Opinion or Order Filing 6 ORDER (Telephone Scheduling Conference set for 12/1/2020 10:40 AM before Hon. Marian W. Payson. Counsel will be provided dial-in instructions by email prior to the conference.) Signed by Hon. Marian W. Payson on 10/26/2020. (KAH)
October 22, 2020 Filing 5 TEXT ORDER REFERRING CASE to Hon. Marian W. Payson, United States Magistrate Judge, for all pretrial matters excluding dispositive motions. The parties are encouraged to consider consenting to Magistrate Judge jurisdiction pursuant to 28 U.S.C. 636(c). Consent forms are available from the Magistrate Judges chambers or the Clerk of Courts office. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/22/2020. (GMS)
October 22, 2020 Filing 4 ANSWER to Complaint by Coca-Cola Beverages Northeast, Inc.. (Attachments: #1 Notice of Appearance)(Cecere, Frank)
October 22, 2020 ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JHF)
October 19, 2020 ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD)
October 6, 2020 Filing 3 DEMAND for Trial by Jury by Walmart Inc.. (Attachments: #1 Certificate of Service)(Will, Pauline)
October 6, 2020 Filing 2 Corporate Disclosure Statement by Walmart Inc.. (Attachments: #1 Certificate of Service)(Will, Pauline)
October 2, 2020 Case Assigned to Hon. Frank P. Geraci, Jr. Notification to Chambers of on-line civil case opening. (JD)
October 2, 2020 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(JD)
October 2, 2020 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. (JD)
October 1, 2020 Filing 1 NOTICE OF REMOVAL by Walmart Inc. from Monroe County Supreme Court, case number E2020000063. (Filing fee $ 400 receipt number 0209-3995776), filed by Walmart Inc.. (Attachments: #1 Certificate of Service, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J, #12 Exhibit Exhibit K, #13 Civil Cover Sheet)(Will, Pauline)

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Defendant: Walmart Inc.
Represented By: Pauline Costanzo Will
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Defendant: Coca-Cola Beverages Northeast, Inc. f/k/a Coca-Cola Bottling Company of Norther New England, Inc.
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Defendant: Coca-Cola Beverages Northeast, Inc.
Represented By: Frank A. Cecere
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Plaintiff: Kevin Caverly
Represented By: Ted A. Barraco
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