Johal et al v. American Tactical, Inc. et al
| Gurinder Johal, Diljot Sekhon, Mary Carol Weisert, Matthew D. Alexander, Jaspreet Sekhon, Tammi Blackwell and Jeff Blackwell |
| American Tactical, Inc., Anthony DiChario, Joseph Calabro, Schmeisser GmbH and 365 Plus d.o.o. |
| 6:2023cv06382 |
| July 6, 2023 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 1, 2023. A more recent docket listing may be available from PACER.
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| Filing 33 DECLARATION filed by Tammi Blackwell, Mary Carol Weisert, Jeff Blackwell, Diljot Sekhon, Matthew D. Alexander, Gurinder Johal, Jaspreet Sekhon Declaration of Hadley E. Lundback In Support of [Dkt. 16] Pending Motion for Extension of Time to Serve Process filed by Tammi Blackwell, Mary Carol Weisert, Jeff Blackwell, Diljot Sekhon, Matthew D. Alexander, Gurinder Johal, Jaspreet Sekhon. (Attachments: #1 Supplemental Declaration of Daniel Chamberlain in Further Support of Pending Motion for Extension of Time to Serve Process [Dkt. 16], #2 Supplemental Memorandum of Law in further Support of Pending Motion for Extension of Time to Serve Process [Dkt. 16])(Lundback, Hadley) |
| Filing 32 SUMMONS Returned Executed by Tammi Blackwell, Mary Carol Weisert, Jeff Blackwell, Diljot Sekhon, Matthew D. Alexander, Gurinder Johal, Jaspreet Sekhon. Joseph Calabro served on 9/1/2023, answer due 9/22/2023. (Lundback, Hadley) |
| Filing 31 SUMMONS Returned Executed by Tammi Blackwell, Mary Carol Weisert, Jeff Blackwell, Diljot Sekhon, Matthew D. Alexander, Gurinder Johal, Jaspreet Sekhon. Anthony DiChario served on 9/1/2023, answer due 9/22/2023. (Lundback, Hadley) |
| Filing 30 DECISION AND ORDER denying without prejudice #24 Motion to Consolidate Cases; denying #26 Motion for Joinder. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/31/2023. (LMD) |
| Filing 29 Summons Reissued as to Joseph Calabro, Anthony DiChario. (LMD) |
| Filing 28 Summons Reissued as to American Tactical, Inc. (LMD) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(LMD) |
| Filing 27 Original Summons Filed. (Lundback, Hadley) |
| Filing 26 MOTION for Joinder and Johal Plaintiffs' Response to Bains Plaintiffs' Motion to Consolidate by Matthew D. Alexander, Jeff Blackwell, Tammi Blackwell, Gurinder Johal, Diljot Sekhon, Jaspreet Sekhon, Mary Carol Weisert.(Lundback, Hadley) |
| Filing 25 MEMORANDUM IN SUPPORT re #24 MOTION to Consolidate Cases , Conform Deadlines and Leave to Amend, filed in compliance with Text Order (Doc.13) entered in Bains et al. v. American Tactical, Inc., et al., 23cv6208 EAW -- Supplemental Memorandum of Law-- byMatthew D. Alexander, Jeff Blackwell, Tammi Blackwell, Gurinder Johal, Diljot Sekhon, Jaspreet Sekhon, Mary Carol Weisert. (Attachments: #1 Exhibit A - Bains Plaintiffs' Supplemental Memorandum of Law in Support of Motion to Consolidate, to Conform Deadlines, and for Leave to Amend)(Lundback, Hadley) |
| Filing 24 MOTION to Consolidate Cases , Conform Deadlines and Leave to Amend, filed in compliance with Text Order (Doc.13) entered in Bains et al. v. American Tactical, Inc., et al., 23cv6208 EAW by Matthew D. Alexander, Jeff Blackwell, Tammi Blackwell, Gurinder Johal, Diljot Sekhon, Jaspreet Sekhon, Mary Carol Weisert. (Attachments: #1 Exhibit A - Bains Plaintiffs' Motion to Consolidate, to Conform Deadlines, and for Leave to Amend)(Lundback, Hadley) |
| Filing 23 NOTICE of Appearance by Hadley E. Lundback on behalf of All Plaintiffs (Lundback, Hadley) |
| Filing 22 NOTICE of Appearance by Kathryn Lee Bruns on behalf of All Plaintiffs (Bruns, Kathryn) |
| Filing 21 NOTICE of Appearance by Hadley E. Lundback on behalf of Gurinder Johal (Lundback, Hadley) |
| Filing 20 TEXT ORDER re: Motion to Consolidate, Conform Deadlines, and For Leave to Amend filed in Bains, et al., v. American Tactical, Inc., et al., No. 6:23-cv-06208 (Dkt. 12). In their motion, the Bains Plaintiffs do not specifically address the appropriateness of consolidating that action with this case prior to service on and appearance by defendants. On or before August 2, 2023, the parties are directed submit a supplemental brief of no more than 5 pages setting forth their position regarding the impact, if any, of the Court allowing consolidation without input from defendants. In addition, Plaintiffs in this case shall file a response to the motion to consolidate, conform deadlines, and for leave to amend expressly indicating their position on the motion. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/24/2023. (MGB) |
| Remark: Clerk mailed a copy of #20 Text Order to Daniel Sherwood Chamberlain. (DMK) |
| ATTENTION ALL PARTIES 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 Disclosure Statements are to be filed with the first appearance, pleading, petition, motion, response, or other request addressed to the court. (KM) |
| Filing 19 Case transferred in from District of Indiana Southern; Case Number 1:23-cv-00655. |
| Filing 18 Transfer Letter to Clerk of the Western District of New York. Case transferred electronically to Western District of New York, on 7/6/2023. (JSR) [Transferred from insd on 7/6/2023.] |
Filing 17
CLOSED TRANSFER to the Western District of New York - Plaintiffs' Motion to Transfer Venue #12 is GRANTED. The clerk is directed to transfer this matter to the Western District of New York. (See Order.0 Signed by Judge Tanya Walton Pratt on 7/6/2023. (JSR) [Transferred from insd on 7/6/2023.]
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| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ) |
| 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. (CGJ) |
| Filing 16 Unopposed MOTION for Extension of Time to September 11, 2023 to Serve Process, filed by Plaintiffs MATTHEW D. ALEXANDER, JEFF BLACKWELL, TAMMI BLACKWELL, GURINDER JOHAL, DILJOT SEKHON, JASPREET SEKHON, MARY CAROL WEISERT. (Attachments: #1 Text of Proposed Order Proposed Order on Plaintiffs' Motion for Extension to Serve Process)(Chamberlain, Daniel) [Transferred from insd on 7/6/2023.] |
| Filing 15 NOTICE of Submitting Proposed Order, filed by Plaintiffs MATTHEW D. ALEXANDER, JEFF BLACKWELL, TAMMI BLACKWELL, GURINDER JOHAL, DILJOT SEKHON, JASPREET SEKHON, MARY CAROL WEISERT, re #14 Submission. (Chamberlain, Daniel) [Transferred from insd on 7/6/2023.] |
| Filing 14 Submission of Proposed Order , re #12 Unopposed MOTION to Transfer Case , filed by Plaintiffs MATTHEW D. ALEXANDER, JEFF BLACKWELL, TAMMI BLACKWELL, GURINDER JOHAL, DILJOT SEKHON, JASPREET SEKHON, MARY CAROL WEISERT. (Chamberlain, Daniel) [Transferred from insd on 7/6/2023.] |
| Filing 13 BRIEF/MEMORANDUM in Support re #12 Unopposed MOTION to Transfer Case , filed by Plaintiffs MATTHEW D. ALEXANDER, JEFF BLACKWELL, TAMMI BLACKWELL, GURINDER JOHAL, DILJOT SEKHON, JASPREET SEKHON, MARY CAROL WEISERT. (Chamberlain, Daniel) [Transferred from insd on 7/6/2023.] |
| Filing 12 Unopposed MOTION to Transfer Case , filed by Plaintiffs MATTHEW D. ALEXANDER, JEFF BLACKWELL, TAMMI BLACKWELL, GURINDER JOHAL, DILJOT SEKHON, JASPREET SEKHON, MARY CAROL WEISERT. (Chamberlain, Daniel) [Transferred from insd on 7/6/2023.] |
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Filing 11
SHOW CAUSE ORDER DISCHARGED - The Court instructed, "Having failed to file the required supplemental jurisdictional statement, the Plaintiffs are ORDERED to show cause by May 22, 2023, why this case should not be dismissed for lack of jurisdiction, failure to prosecute, or failure to obey court orders." Id. at 2.Plaintiffs promptly filed their supplemental jurisdictional statement and an Amended Complaint on May 9, 2023 (Filing No. 8; Filing No. 10). Therefore, the Order to Show Cause is DISCHARGED. SEE ORDER. Signed by Judge Tanya Walton Pratt on 5/11/23.(JRB) [Transferred from insd on 7/6/2023.]
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| Filing 10 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Chamberlain, Daniel) [Transferred from insd on 7/6/2023.] |
| Filing 9 Rule 7.1 Disclosure Statement by MATTHEW D. ALEXANDER, JEFF BLACKWELL, TAMMI BLACKWELL, GURINDER JOHAL, DILJOT SEKHON, JASPREET SEKHON, MARY CAROL WEISERT. (Chamberlain, Daniel) [Transferred from insd on 7/6/2023.] |
| Filing 8 Jurisdictional Statement , re #6 Entry by All Plaintiffs. (Chamberlain, Daniel) [Transferred from insd on 7/6/2023.] |
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Filing 7
ORDER TO SHOW CAUSE - Having failed to file the required supplemental jurisdictional statement, the Plaintiffs are ORDERED to show cause by May 22, 2023, why this case should not be dismissed for lack of jurisdiction, failure to prosecute, or failure to obey court orders. Show Cause Response due by 5/22/2023. (See Order). Signed by Judge Tanya Walton Pratt on 5/9/2023.(AKH) [Transferred from insd on 7/6/2023.]
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Filing 6
ENTRY ON JURISDICTION - It has come to the Court's attention that Plaintiffs' Complaint fails to allege all of the facts necessary to determine whether this Court has subject matter jurisdiction over this case. The Plaintiffs are ORDERED to file a Supplemental Jurisdictional Statement that shows the Court's jurisdiction over this case. This statement should specifically identify the citizenship of the Defendants. This jurisdictional statement is due fourteen (14) days from the date of this Entry. (See Order). Signed by Judge Tanya Walton Pratt on 4/17/2023.(AKH) [Transferred from insd on 7/6/2023.]
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| Filing 5 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DJH) [Transferred from insd on 7/6/2023.] |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) [Transferred from insd on 7/6/2023.] |
| Filing 3 Summons Issued as to 365 PLUS D.O.O., AMERICAN TACTICAL, INC., JOSEPH CALABRO, ANTHONY DICHARIO, SCHMEISSER GMBH. (DJH) [Transferred from insd on 7/6/2023.] |
| Filing 2 NOTICE of Appearance by Daniel Sherwood Chamberlain on behalf of Plaintiffs MATTHEW D. ALEXANDER, JEFF BLACKWELL, TAMMI BLACKWELL, GURINDER JOHAL, DILJOT SEKHON, JASPREET SEKHON, MARY CAROL WEISERT. (Chamberlain, Daniel) [Transferred from insd on 7/6/2023.] |
| Filing 1 COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $402, receipt number AINSDC-7591772) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Chamberlain, Daniel) [Transferred from insd on 7/6/2023.] |
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