Denmark et al v. Pilot Travel Centers, LLC
| Elliott Denmark and Dale Denmark |
| Pilot Travel Centers LLC |
| 4:2019cv02978 |
| October 21, 2019 |
| US District Court for the District of South Carolina |
| Donald C Coggins |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on October 21, 2019. A more recent docket listing may be available from PACER.
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| Filing 30 ***DOCUMENT MAILED: #29 Notice of Transfer w/NEF placed in U.S. Mail from Florence Clerks Office to James M. Strauss Lewis, Brisbois Bisgaard & Smith 77 Water Street Suite 2100 New York New York, NY 10005; John Michael Badagliacca Lewis Brisbois Bisgaard & Smith LLP One Riverfront Plaza Newark, NJ 07102; Kenneth Kim Lewis Brisbois Bisgaard & Smith 77 Water Street Suite 2100 New York, NY 10005; William Henry Grae Chartwell Law Offices One Battery Park Plaza 35th floor New York, NY 10004. (lsut, ) |
| Filing 29 NOTICE OF TRANSFER. (lsut, ) |
| Filing 28 Case transferred in from District of New York Eastern; Case Number 2:19-cv-03532. Original file certified copy of transfer order and docket sheet received. |
| Case transferred to District of South Carolina. Original file, certified copy of transfer order, and docket sheet sent via CM/ECF. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Lee, Tiffeny) [Transferred from New York Eastern on 10/21/2019.] |
Filing 27
CONSENT ORDER TRANSFERRING ACTION. Subject to the consent and authority of the within Court, the within action shall be and hereby is transferred to the United States District Court for the District of South Carolina. Defendant shall serve an answer, move or otherwise respond to the Complaint within thirty (30) days following the allocation and assignment of the within action to a courthouseand judge of the aforesaid transferee court. So Ordered by Judge Nicholas G. Garaufis on 10/4/2019. (Transfer stayed 7 days pursuant to Local Rule 83.1.) (Lee, Tiffeny) [Transferred from New York Eastern on 10/21/2019.]
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| Filing 26 Consent MOTION to Change Venue to US District Court for District of South Carolina by Dale Denmark, Elliott Denmark. (Attachments: #1 Proposed Order Stipulation to Transfer Acton) (Grae, William) [Transferred from New York Eastern on 10/21/2019.] |
| Filing 25 Letter regarding briefing schedule concerning Defendant's motion to dismiss by Pilot Travel Centers, LLC (Strauss, James) [Transferred from New York Eastern on 10/21/2019.] |
| Filing 24 Letter Submitting Proposed (Final) Briefing Schedule by Dale Denmark, Elliott Denmark (Grae, William) [Transferred from New York Eastern on 10/21/2019.] |
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ORDER: The court adopts the briefing schedule suggested in Plaintiffs' #24 Letter. Plaintiffs shall serve their response to Defendant's motion by no later than September 27, 2019, and Defendant shall serve its reply, if any, and file the fully briefed motion by no later than October 11, 2019. Ordered by Judge Nicholas G. Garaufis on 9/20/2019. (Davis, Eleanor) [Transferred from New York Eastern on 10/21/2019.]
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| Filing 23 Letter objecting to plaintiff's request for 2nd extension to file opposition to motion to dismiss by Pilot Travel Centers, LLC (Attachments: #1 Exhibit) (Kim, Kenneth) [Transferred from New York Eastern on 10/21/2019.] |
| Filing 22 Letter Requesting Additional Time to Oppose Motion Due To Need to Obtain Transcript by Dale Denmark, Elliott Denmark (Grae, William) [Transferred from New York Eastern on 10/21/2019.] |
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ORDER: The court has received Plaintiffs' #22 Letter requesting an extension of time and Defendant's #23 Letter objecting to that request. Plaintiffs requested an extension of time to respond to Defendant's motion to dismiss and motion to transfer venue, but did not suggest a modified briefing schedule. The court therefore DIRECTS Plaintiffs to submit a proposed briefing schedule for their response and Defendant's reply by no later than tomorrow, September 20, 2019, at 5:00 P.M. Ordered by Judge Nicholas G. Garaufis on 9/19/2019. (Davis, Eleanor) [Transferred from New York Eastern on 10/21/2019.]
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Filing 21
ORDER 9/12/2019 letter request for an additional 7 days to serve plaintiff's opposition, and a 7 days extension of time for defendant to served their reply. Application granted. So Ordered by Judge Nicholas G. Garaufis on 9/12/2019. (Lee, Tiffeny) [Transferred from New York Eastern on 10/21/2019.]
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| Filing 20 Letter response to plaintiff requesting extension of time to serve opposition to dismissal motion by Pilot Travel Centers, LLC (Kim, Kenneth) [Transferred from New York Eastern on 10/21/2019.] |
| Filing 19 Letter Requesting Extension of Time to Serve Opposition to Dismissal Motion by Dale Denmark, Elliott Denmark (Grae, William) [Transferred from New York Eastern on 10/21/2019.] |
| Filing 18 NOTICE of Change of Firm Information Once the filing has been made, you must login to www.pacer.gov and update your account. (Strauss, James) [Transferred from New York Eastern on 10/21/2019.] |
| Filing 17 NOTICE of Appearance by James M. Strauss on behalf of All Defendants (aty to be noticed) (Strauss, James) [Transferred from New York Eastern on 10/21/2019.] |
| Filing 16 Letter in Opposition to Request for Extension and Opposing Request for Pre-Motion Conference as Frivolous by Dale Denmark, Elliott Denmark (Attachments: #1 Exhibit Pilot NY Sup Ct Petition) (Grae, William) [Transferred from New York Eastern on 10/21/2019.] |
| Filing 15 Letter pre-motion conference regarding motion to dismiss by Pilot Travel Centers, LLC (Kim, Kenneth) [Transferred from New York Eastern on 10/21/2019.] |
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ORDER re: Defendant's #15 Application for a Pre-Motion Conference: The Application is DENIED as unnecessary. The court GRANTS Defendant leave to move to dismiss, and DIRECTS it to file its anticipated motion to dismiss concurrently with its anticipated motion to transfer venue (see July 30, 2019 Min. Entry). The court sets the following briefing schedule for both motions: Defendant shall serve its motions by no later than August 30, 2019; Plaintiffs shall serve their response by no later than September 13, 2019; and Defendants shall serve their reply, if any, and file the fully briefed motions by no later than September 20, 2019. Ordered by Judge Nicholas G. Garaufis on 8/8/2019. (Davis, Eleanor) [Transferred from New York Eastern on 10/21/2019.]
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Filing 14
SCHEDULING ORDER: Deadline for all Rule 26(a)(1) disclosures: August 9, 2019. First request for production of documents and first request for interrogatories due by: September 3, 2019. Deadline for joinder of additional parties and amendment of pleadings: November 1, 2019. Status Conference (with joint status report due two business days in advance): November 12, 2019, at 2:00 p.m. Fact discovery to be completed by: December 30, 2019. Plaintiffs' expert disclosures due by: December 30, 2019. Defendant's expert disclosures due by: January 30, 2020. All discovery, including all expert disclosures under Rule 26(a)(2), if any, to be completed by: January 30, 2020. Pretrial Conference (ex parte statements of settlement position due via email two business days in advance): February 12, 2020, at 9:30 a.m. Dispositive motion process started by: February 26, 2020. Joint pretrial order due by: March 30, 2020. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 8/7/2019. (Orenstein, James) [Transferred from New York Eastern on 10/21/2019.]
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| Filing 13 Minute Entry for proceedings held before Magistrate Judge James Orenstein:Initial Conference Hearing held on 8/7/2019. Scheduling: (1) The next status conference will be held on November 12, 2019, at 2:00 p.m. (2) A pretrial conference will be held on February 12, 2020, at 9:30 a.m. Summary: I will enter a separate case management and scheduling order that reflects, with minor modifications, the deadlines set forth in the parties' joint discovery plan. As discussed at today's conference, the defendant will include in its initial disclosures copies of any pertinent video surveillance recording and incident report. (Orenstein, James) [Transferred from New York Eastern on 10/21/2019.] |
| Filing 12 Corporate Disclosure Statement by Pilot Travel Centers, LLC (Kim, Kenneth) [Transferred from New York Eastern on 10/21/2019.] |
| Filing 11 NOTICE of Appearance by Kenneth Kim on behalf of Pilot Travel Centers, LLC (aty to be noticed) (Kim, Kenneth) [Transferred from New York Eastern on 10/21/2019.] |
| Filing 10 Proposed Scheduling Order with supplemental/amended specifications by Dale Denmark, Elliott Denmark (Grae, William) [Transferred from New York Eastern on 10/21/2019.] |
| Filing 9 Proposed Scheduling Order Jointly Submitted by Dale Denmark, Elliott Denmark (Grae, William) [Transferred from New York Eastern on 10/21/2019.] |
| Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Pre-Motion Conference held on 7/26/2019. Counsel for all parties present. The court GRANTED Defendant leave to move for transfer of venue and set the following briefing schedule: Defendant shall serve its motion by no later than August 16, 2019; Plaintiffs shall serve their response by no later than August 30, 2019; and Defendant shall serve its reply, if any, and file the fully briefed motion by no later than September 6, 2019. The court also DIRECTED Defendant to answer Plaintiffs' complaint by no later than August 9, 2019. (Court Reporter Georgette Betts) (Davis, Eleanor) [Transferred from New York Eastern on 10/21/2019.] |
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Filing 8
SCHEDULING ORDER: Pursuant to Federal Rule of Civil Procedure 16(a), I order the parties to appear for an initial discovery planning conference on, August 7, 2019, at 11:00 a.m. in Courtroom 11D South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. No later than August 5, 2019, the parties must submit, by means of electronic filing on the court's ECF (Electronic Case Filing) system, a joint proposed discovery plan. Each party's counsel must be personally prepared to discuss all factual and legal issues in the case, including the possibility of settlement; otherwise, the client must attend in person as well. SEE ATTACHED ORDER. Ordered by Magistrate Judge James Orenstein on 7/17/2019. (Guy, Alicia) [Transferred from New York Eastern on 10/21/2019.]
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ORDER re: Defendant's #6 Application for Pre-Motion Conference: The Application is GRANTED. The parties are DIRECTED to confer and contact the court's Deputy at 718-613-2545 to schedule the pre-motion conference. Additionally, Defendant's time to answer or otherwise reply to the complaint is extended until 14 days following the order deciding its anticipated motion. Ordered by Judge Nicholas G. Garaufis on 7/8/2019. (Davis, Eleanor) [Transferred from New York Eastern on 10/21/2019.]
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| Filing 7 RESPONSE in Opposition re #6 MOTION for pre motion conference filed by All Plaintiffs. (Attachments: #1 Exhibit Decision and Order 2019-06-04) (Grae, William) [Transferred from New York Eastern on 10/21/2019.] |
| Filing 6 MOTION for pre motion conference by Pilot Travel Centers, LLC. (Badagliacca, John) [Transferred from New York Eastern on 10/21/2019.] |
| Filing 5 SUMMONS Returned Executed by Dale Denmark, Elliott Denmark. Pilot Travel Centers, LLC served on 6/19/2019, answer due 7/10/2019. (Grae, William) [Transferred from New York Eastern on 10/21/2019.] |
| Filing 4 Summons Issued as to Pilot Travel Centers, LLC. (Rodin, Deanna) [Transferred from New York Eastern on 10/21/2019.] |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) [Transferred from New York Eastern on 10/21/2019.] |
| This attorney case opening filing has been checked for quality control. (Rodin, Deanna) [Transferred from New York Eastern on 10/21/2019.] |
| Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge James Orenstein. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) [Transferred from New York Eastern on 10/21/2019.] |
| Filing 2 Proposed Summons.Civil Cover Sheet.. Re #1 Complaint, by Dale Denmark, Elliott Denmark (Attachments: #1 Civil Cover Sheet) (Grae, William) [Transferred from New York Eastern on 10/21/2019.] |
| Filing 1 COMPLAINT against Pilot Travel Centers, LLC filing fee $ 400, receipt number ANYEDC-11577869 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Dale Denmark, Elliott Denmark. (Attachments: #1 Declaration Certication of Exemption from Compulsory Arbitration) (Grae, William) [Transferred from New York Eastern on 10/21/2019.] |
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