Nielsen v. Walmart Inc.
| Junious Nielsen |
| Walmart Inc. |
| 6:2023cv06614 |
| October 24, 2023 |
| US District Court for the Western District of New York |
| Rochester Office |
| Elizabeth A Wolford |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e2o |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 31
Case transferred in from District of New York Southern; Case Number 1:23-cv-05620.
|
|
Filing 30
OPINION & ORDER: For the foregoing reasons, Defendant's motion to transfer venue is GRANTED. Having concluded that the matter should be transferred, I decline to rule on the motion to dismiss or Plaintiff's motion for summary judgment. See Morales v. Next Stop 2006, Inc., No. 1:22-CV-03311 (JLR), 2023 WL 112557, at *5 (S.D.N.Y. Jan. 5, 2023) (declining to rule on motion to dismiss when court found a transfer was in the interests of justice). The Clerk of the Court is respectfully directed to close all open motions on the docket and transfer this case forthwith to the Western District of New York. The seven-day waiting period set forth in Local Rule 83.1 is hereby waived so that the case may be transferred without delay. (Signed by Judge Vernon S. Broderick on 10/23/2023) (rro) [Transferred from nysd on 10/24/2023.]
|
|
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Western District of New York.(rro) [Transferred from nysd on 10/24/2023.]
|
|
Filing 29
ORDER denying #28 Motion to Serve. I am in receipt of Plaintiff's motion filed on October 13, 2023, requesting that I enter an order directing the U.S. Marshals Service for the Southern District of New York, pursuant to Fed. R. Civ. P. 4(c)(3), to serve the summons and complaint in this action. (Doc. 28.) Because Defendant was already served a copy of the summons and complaint in this matter, (Doc. 3), and Defendant has since appeared and filed a motion to dismiss without challenging service, (see Doc. 11), I see no reason to direct service by the U.S. Marshals Service. Accordingly, Plaintiff's motion is DENIED. The Clerk of the Court is respectfully directed to terminate the motion pending at Document 28 and mail a copy of this Order to Plaintiff.. (Signed by Judge Vernon S. Broderick on 10/16/2023) (rro) [Transferred from nysd on 10/24/2023.]
|
|
Filing 28
NOTICE OF MOTION, Re: for U.S. Marshals to Serve Defendant. Document filed by Junious Nielsen.(sc) [Transferred from nysd on 10/24/2023.]
|
|
Filing 27
CERTIFICATE OF SERVICE of Opposition to SJ w/Supporting Documents served on Junious Nielsen on September 5, 2023. Service was made by MAIL. Document filed by Walmart Inc...(Simao, Salvador) [Transferred from nysd on 10/24/2023.]
|
|
Filing 26
DECLARATION of Christine Dunman in Opposition re: #21 MOTION for Summary Judgment.. Document filed by Walmart Inc.. (Attachments: #1 Exhibit Exhibit A to C.Dunman Cert. ISO Opp. to Plntf Motion for SJ, #2 Exhibit Exhibit B to C.Dunman Cert. ISO Opp. to Plntf Motion for SJ).(Simao, Salvador) [Transferred from nysd on 10/24/2023.]
|
|
Filing 25
DECLARATION of Salvador P. Simao in Opposition re: #21 MOTION for Summary Judgment.. Document filed by Walmart Inc.. (Attachments: #1 Exhibit Exhibit A to S. Simao Cert. ISO Opp. to Plntf Motion for SJ, #2 Exhibit Exhibit B to S. Simao Cert. ISO Opp. to Plntf Motion for SJ, #3 Exhibit Exhibit C to S. Simao Cert. ISO Opp. to Plntf Motion for SJ, #4 Exhibit Exhibit D to S. Simao Cert. ISO Opp. to Plntf Motion for SJ, #5 Exhibit Exhibit E to S. Simao Cert. ISO Opp. to Plntf Motion for SJ, #6 Exhibit Exhibit F to S. Simao Cert. ISO Opp. to Plntf Motion for SJ, #7 Exhibit Exhibit G to S. Simao Cert. ISO Opp. to Plntf Motion for SJ).(Simao, Salvador) [Transferred from nysd on 10/24/2023.]
|
|
Filing 24
RESPONSE to Motion re: #21 MOTION for Summary Judgment. Walmart Statement of Material Fact. Document filed by Walmart Inc...(Simao, Salvador) [Transferred from nysd on 10/24/2023.]
|
|
Filing 23
FIRST MEMORANDUM OF LAW in Opposition re: #21 MOTION for Summary Judgment. . Document filed by Walmart Inc...(Simao, Salvador) [Transferred from nysd on 10/24/2023.]
|
|
Filing 22
DECLARATION of Junious Nielsen in Support of re: #21 MOTION for Summary Judgment. Document filed by Junious Nielsen. (Attachments: #1 Exhibit 1)(sc) [Transferred from nysd on 10/24/2023.]
|
|
Filing 21
MOTION, Re: for Summary Judgment. Document filed by Junious Nielsen.(sc) [Transferred from nysd on 10/24/2023.]
|
|
Filing 20
REPLY MEMORANDUM OF LAW in Support re: #5 FIRST MOTION to Dismiss or Transfer of Venue. . Document filed by Walmart Inc.. (Attachments: #1 Affidavit Certificate of Counsel, #2 Exhibit Exhibit A to Certificate of Counsel, #3 Affidavit Certificate of Service).(Simao, Salvador) [Transferred from nysd on 10/24/2023.]
|
|
Filing 19
DECLARATION of Junious Nielsen in Opposition to Motion to Dismiss, re: #5 FIRST MOTION to Dismiss or Transfer of Venue. Document filed by Junious Nielsen. (sc) Modified on 8/18/2023 (nb). [Transferred from nysd on 10/24/2023.]
|
|
Filing 18
NOTICE OF MOTION(RESPONSE in Opposition to Motion), re: #5 FIRST MOTION to Dismiss or Transfer of Venue. Document filed by Junious Nielsen. (sc) Modified on 8/18/2023 (nb). [Transferred from nysd on 10/24/2023.]
|
|
Mailed a copy of #17 Order on Motion for Permission for Electronic Case Filing, to Junious Nielsen at 728 Kriezerd Apt. F, Webster, NY 14580. (sha) [Transferred from nysd on 10/24/2023.]
|
|
Filing 17
ORDER denying without prejudice to renewal #14 Motion for Permission for Electronic Case Filing. Accordingly, Plaintiff's motion is denied without prejudice to renew when he files a motion indicating he has regular access to the necessary technical requirements. The Clerk of the Court is respectfully directed to terminate Doc. 14 and mail a copy of this Order to the Plaintiff. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/15/2023) (jca) [Transferred from nysd on 10/24/2023.]
|
|
Filing 16
DECLARATION of Junious Nielsen in Opposition To re: #5 FIRST MOTION to Dismiss or Transfer of Venue. Document filed by Junious Nielsen. (sc) [Transferred from nysd on 10/24/2023.]
|
|
Filing 15
NOTICE OF MOTION(REPLY AFFIRMATION of Junious Nielsen in Opposition re: #5 FIRST MOTION to Dismiss or Transfer of Venue). Document filed by Junious Nielsen. (sc) [Transferred from nysd on 10/24/2023.]
|
|
Filing 14
MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, Re: for Permission for J. Nielsen to participate in electronic case filing in this case. Document filed by Junious Nielsen.(sc) [Transferred from nysd on 10/24/2023.]
|
|
***DELETED DOCUMENT. Deleted document number #14 Response. The document was incorrectly filed in this case. (sc) [Transferred from nysd on 10/24/2023.]
|
|
Filing 13
LETTER addressed to Judge Vernon S. Broderick from Salvador P. Simao dated August 2, 2023 re: Response to Plaintiff's Request for Clerk's Certificate of Default. Document filed by Walmart Inc...(Simao, Salvador) [Transferred from nysd on 10/24/2023.]
|
|
Filing 12
AFFIDAVIT of Salvador P. Simao in Support re: #5 FIRST MOTION to Dismiss or Transfer of Venue.. Document filed by Walmart Inc.. (Attachments: #1 Exhibit Exhibit A to Certification of Counsel).(Simao, Salvador) [Transferred from nysd on 10/24/2023.]
|
|
Filing 11
MEMORANDUM OF LAW in Support re: #5 FIRST MOTION to Dismiss or Transfer of Venue. . Document filed by Walmart Inc...(Simao, Salvador) [Transferred from nysd on 10/24/2023.]
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Junious Nielsen. RE-FILE Document No. #9 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): Clerk's Certificate of Default is Blank. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. (tp) [Transferred from nysd on 10/24/2023.]
|
|
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Junious Nielsen to RE-FILE Document #8 Proposed Clerk's Certificate of Default. ERROR(S): document linked to an deficient docket entry. (tp) [Transferred from nysd on 10/24/2023.]
|
|
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Junious Nielsen to RE-FILE Document #10 Affirmation in Support. ERROR(S): document linked to an deficient docket entry. (tp) [Transferred from nysd on 10/24/2023.]
|
|
Filing 10
FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Junious Nielsen IN SUPPORT OF REQUEST FOR CERT. OF DEFAULT, re: #8 Proposed Clerk's Certificate of Default. Document filed by Junious Nielsen. (sc) Modified on 8/2/2023 (tp). [Transferred from nysd on 10/24/2023.]
|
|
Filing 9
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Junious Nielsen. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/2/2023 (tp). [Transferred from nysd on 10/24/2023.]
|
|
Filing 8
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT(Request). Document filed by Junious Nielsen. (sc) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/2/2023 (tp). [Transferred from nysd on 10/24/2023.]
|
|
Filing 7
NOTICE OF APPEARANCE by Eric Tadeusz Baginski on behalf of Walmart Inc...(Baginski, Eric) [Transferred from nysd on 10/24/2023.]
|
|
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Salvador Simao to RE-FILE Document #5 FIRST MOTION to Dismiss or Transfer of Venue.. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents;. (kj) [Transferred from nysd on 10/24/2023.]
|
|
Filing 6
NOTICE OF APPEARANCE by Salvador Pedro Simao on behalf of Walmart Inc.. (Attachments: #1 Supplement Corporate Disclosure Statement).(Simao, Salvador) [Transferred from nysd on 10/24/2023.]
|
|
Filing 5
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss or Transfer of Venue. Document filed by Walmart Inc.. (Attachments: #1 Supplement Memorandum of Law in Support of MTD, #2 Affidavit Certification of Counsel, #3 Exhibit Exhibit A - Cert of Counsel, #4 Proposed Order Proposed Order, #5 Civil Cover Sheet Civil Cover Sheet).(Simao, Salvador) Modified on 7/27/2023 (kj). [Transferred from nysd on 10/24/2023.]
|
|
Filing 3
CERTIFICATE OF SERVICE of Summons and Complaint. Walmart Inc., served on 7/5/2023, answer due 7/26/2023. Service was accepted by Timyra Paris. Document filed by Junious Nielsen. (sc) [Transferred from nysd on 10/24/2023.]
|
|
Filing 2
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Junious C. Nielsen consents to receive electronic service via the ECF system. Document filed by Junious Nielsen..(rdz) [Transferred from nysd on 10/24/2023.]
|
|
Filing 1
COMPLAINT against Walmart Inc.. (Filing Fee $ 402.00, Receipt Number 18000)Document filed by Junious Nielsen..(rdz) Modified on 7/6/2023 (rdz). [Transferred from nysd on 10/24/2023.]
|
|
Case Designated ECF. (rdz) [Transferred from nysd on 10/24/2023.]
|
|
SUMMONS ISSUED as to Walmart Inc...(rdz) [Transferred from nysd on 10/24/2023.]
|
|
Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (rdz) [Transferred from nysd on 10/24/2023.]
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Nielsen v. Walmart Inc. | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Junious Nielsen | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Walmart Inc. | |
| Represented By: | Salvador Pedro Simao |
| Represented By: | Eric Tadeusz Baginski |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
