Fish v. Oshkosh Defense, LLC et al
| Nancy Fish |
| Oshkosh Defense LLC, Oshkosh Corporation and Kalyn Siebert |
| George Carpinello |
| 2:2023cv01520 |
| November 14, 2023 |
| US District Court for the Eastern District of Wisconsin |
| Brett H Ludwig |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on January 5, 2024. A more recent docket listing may be available from PACER.
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| Case Terminated and Dismissed per #75 Stipulation of Dismissal with Prejudice (kah) |
| Filing 75 STIPULATION of Dismissal With Prejudice by Oshkosh Corporation, Oshkosh Defense LLC. (Mantharam, Marybeth) |
| Filing 74 Mail Sent to George F. Carpinello Returned as Undeliverable (kah) |
| Filing 73 Minute Entry for proceedings held before Judge Brett H Ludwig: Status Conference held on 11/27/2023. Primary experts due 3/29/24. Rebuttal experts due 5/17/24. Expert discovery due 6/21/24. Dispositive motions due 7/26/24. Final Pretrial conference set for 1/3/25 at 10:00 a.m. 7 day jury trial set to start on 1/13/25. All crossclaims between the Oshkosh Defendants and Defendant Kalyn Siebert are DISMISSED without prejudice for lack of jurisdiction and Defendant Kalyn Siebert is DISMISSED from the case. Cross Claimant George Carpinello is DISMISSED from the case. (Tape #72) (jad) |
| Filing 72 Audio of hearing held on 11/27/23 at 1:00 p.m.; Audio File Size(20.8 MB) (jad) |
| Filing 71 NOTICE of Hearing: Telephonic Status Conference set for 11/27/2023 at 1:00 PM before Judge Brett H Ludwig. Counsel must call the Court conference line at 1-669-254-5252, enter Meeting ID 160 9600 2659 # and Passcode 243805 before the scheduled hearing time. (cc: all counsel)(jad) |
| Filing 70 LETTER to Ethan Notarius regarding Admission and ECF registration (jcl) |
| Filing 69 LETTER to Torrey E. Grenda regarding Admission and ECF registration (jcl) |
| Filing 68 LETTER to Marybeth Priore Mantharam regarding Admission and ECF registration (jcl) |
| Filing 67 LETTER to Anthony J. Colucci regarding Admission and ECF registration (jcl) |
| Filing 66 LETTER from to Harris Marks regarding Admission and ECF registration (jcl) |
| Filing 65 Case transferred in from District of New York Northern; Case Number 5:22-cv-00707. Original file certified copy of transfer order and docket sheet received. |
| NOTICE Regarding assignment of this matter to Judge Brett H Ludwig; Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days; the consent/refusal form is available #here. (jcl) |
Filing 64
ORDER TRANSFERRING CASE that the Defendants' motions to dismiss for lack of personal jurisdiction or, in the alternative, to transfer the claims to other venues (Dkt. Nos. #28 , #29 ) are GRANTED in part and DENIED in part. The claims against the Oshkosh Defendants be SEVERED from those against Defendant Kalyn Siebert. The claims against the Oshkosh Defendants be TRANSFERRED to the Eastern District of Wisconsin. The claims against Defendant Kalyn Siebert be TRANSFERRED to the Western District of Texas. The Clerk of Court respectfully effectuate the above-ordered transfers and close this action. Signed by U.S. District Judge Glenn T Suddaby on 11/13/2023. (sal) [Transferred from nynd on 11/14/2023.]
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| Filing 63 TEXT ORDER: Letter Motion #62 is GRANTED insofar as and to the extent that the schedules and deadlines are extended as follows: (1) Plaintiff Expert Disclosure Deadline is 12/20/2023; (2) Defendants Expert Disclosure Deadline is 2/20/2024; (3) Rebuttal Expert Disclosure Deadline is 3/5/2024; (4) all Discovery, including all depositions, shall be completed by 3/26/2024; (5) Mandatory mediation shall be completed by 1/31/2024; and (6) Dispositive motions shall be filed by 5/6/2024. These deadlines will not be extended any further. The parties are directed to file next detailed status reports by 12/4/2023. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 10/20/2023. (jdc ) [Transferred from nynd on 11/14/2023.] |
| Filing 62 Letter Motion from Harris Marks for Nancy Fish requesting Extension of Time for Expert Disclosure & Dispositive Motion submitted to Judge Miroslav Lovric . (Marks, Harris) [Transferred from nynd on 11/14/2023.] |
| Filing 61 TEXT ORDER: The parties are directed to file next detailed status reports by 12/4/2023. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 10/17/2023. (jdc ) [Transferred from nynd on 11/14/2023.] |
| Filing 60 STATUS REPORT (Joint) by Oshkosh Corporation, Oshkosh Defense, LLC. (Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
| Filing 59 TEXT ORDER: The parties are directed to file next detailed status reports by 10/16/2023. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 9/19/2023. (jdc ) [Transferred from nynd on 11/14/2023.] |
| Filing 58 STATUS REPORT (Joint) by Oshkosh Corporation, Oshkosh Defense, LLC. (Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
| Filing 57 TEXT ORDER: Letter Motion #56 is GRANTED insofar as and to the extent that the schedules and deadlines are extended as follows: (1) Plaintiff Expert Disclosure Deadline is 10/20/2023; (2) Defendants Expert Disclosure Deadline is 12/5/2023; (3) Rebuttal Expert Disclosure Deadline is 12/15/2023; (4) all Discovery, including all depositions, shall be completed by 1/5/2024. Mandatory mediation deadline remains 12/1/2023. The dispositive motions deadline remains 2/2/2024. These deadlines will not be extended any further without good cause. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 9/7/2023. (jdc ) [Transferred from nynd on 11/14/2023.] |
| Filing 56 Letter Motion from Harris Marks for Nancy Fish requesting Extension of Time for Expert Disclosure submitted to Judge Miroslav Lovric . (Marks, Harris) [Transferred from nynd on 11/14/2023.] |
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Filing 55
ORDER granting #54 Letter Request. Plaintiff is further directed to timely respond to communications received from Defendants in the future so that delays such as occurred in this autopsy photograph issue will not be repeated in the future. Signed by Magistrate Judge Miroslav Lovric on 8/23/2023. (jdc ) [Transferred from nynd on 11/14/2023.]
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| Filing 54 Letter Motion from Marybeth P. Mantharam for Oshkosh Corporation, Oshkosh Defense, LLC requesting Issue Order to obtain autopsy photographs submitted to Judge Miroslav Lovric . (Attachments: #1 Exhibit(s) A - Proposed Order)(Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
| Filing 53 TEXT ORDER: In light of Joint Status Report #52 , the parties are directed to file next detailed status reports by 9/18/2023. In their upcoming status report(s), the parties shall specifically address the several discovery issues and deposition issues as described in Dkt. No. 52 that appear to be holding up the flow of discovery. The parties shall also advise the Court whether Court endorsed subpoenas or motions to compel are needed. Depending upon the information provided in the upcoming status reports, the Court may schedule an on the record Hearing. The schedules and deadlines as set forth in Text Order 47 remain in effect. These deadlines will not be extended any further without good cause. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 8/15/2023.(jdc ) [Transferred from nynd on 11/14/2023.] |
| Filing 52 STATUS REPORT (Joint) by Oshkosh Corporation, Oshkosh Defense, LLC. (Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
| Filing 51 TEXT ORDER: The parties are directed to file next status reports by 8/14/2023. The schedules and deadlines as set forth in Text Order 47 remain in effect. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 7/12/2023. (jdc ) [Transferred from nynd on 11/14/2023.] |
| Filing 50 STATUS REPORT (Joint) by Oshkosh Corporation, Oshkosh Defense, LLC. (Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
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Filing 49
TEXT ORDER TO STRIKE AFFIDAVIT OF SERVICE FOR SUBPOENA TO TESTIFY #48 : Defendants Oshkosh Affidavit Of Service For Subpoena To Testify #48 is stricken from the docket and will not be considered by the court. The Clerk of the Court is directed to strike #48 . This filing violates N.D.N.Y. L.R. 26.2. The court does not accept the filing of discovery materials, such as, Interrogatories, Document Requests, Discovery Responses, subpoenas issued by counsel, etc., and affidavits, unless the court specifically directs such documents be filed or when submitted in support of a motion filed pursuant to Rule 37 of the Federal Rules of Civil Procedure. Since the court has not directed the filing of this affidavit as related to discovery in this action, nor are Defendants Oshkosh submissions in support of a motion filed pursuant to Rule 37, neither discovery related materials nor certificates of service regarding the same are to be filed with the Court. This filing is stricken from the docket and will not be considered by the court. Furthermore, Defendants Oshkosh are directed to follow Local Rule 26.2 and all the Local Rules. SO ORDERED by Magistrate Judge Miroslav Lovric on 5/26/2023.(amt) [Transferred from nynd on 11/14/2023.]
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| Filing 48 **STRICKEN PURSUANT TO THE COURT'S 49 TEXT ORDER** AFFIDAVIT of Service for Subpoena to Testify at a Deposition in a Civil Action served on Logan Kennedy on May 25, 2023, filed by Oshkosh Corporation, Oshkosh Defense, LLC. (Mantharam, Marybeth) Modified on 5/26/2023 (amt). [Transferred from nynd on 11/14/2023.] |
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Filing 47
TEXT ORDER: For good cause shown, the request in Status Report #46 is GRANTED insofar as and to the extent that the schedules and deadlines are extended as follows: (1) Plaintiff Expert Disclosure Deadline is 9/5/2023; (2) Defendants Expert Disclosure Deadline is 10/20/2023; (3) Rebuttal Expert Disclosure Deadline is 11/3/2023; (4) all Discovery, including all depositions, shall be completed by 12/1/2023; (5) mandatory mediation shall be completed by 12/1/2023; and (6) dispositive motions shall be filed by 2/2/2024. These deadlines will not be extended any further without good cause. The parties are directed to file next status reports by 7/12/2023. SO ORDERED by Magistrate Judge Miroslav Lovric on 5/3/2023.(jdp ) [Transferred from nynd on 11/14/2023.]
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| Filing 46 STATUS REPORT (Joint) and Request for Discovery Extension by Oshkosh Corporation, Oshkosh Defense, LLC. (Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
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Filing 45
TEXT ORDER: On or before 5/3/2023, all parties shall file next detailed status reports regarding the progress of discovery and the litigation. SO ORDERED by Magistrate Judge Miroslav Lovric on 3/21/2023. (jdp ) [Transferred from nynd on 11/14/2023.]
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| Filing 44 STATUS REPORT (Joint) by Oshkosh Corporation, Oshkosh Defense, LLC. (Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
| Filing 43 REPLY to Response to Motion re #29 First MOTION to Dismiss for Lack of Personal Jurisdiction filed by Kalyn Siebert. filed by Kalyn Siebert. (Burgasser, Jessica) [Transferred from nynd on 11/14/2023.] |
| Filing 42 MEMORANDUM OF LAW re #28 Motion to Dismiss, (Reply) filed by Oshkosh Corporation, Oshkosh Defense, LLC. (Colucci, Anthony) [Transferred from nynd on 11/14/2023.] |
| CLERK'S CORRECTION OF DOCKET ENTRY re #40 Memorandum of Law: Redacted copy of attachment #3 Exhibit A has been uploaded and attached to Docket #40 . The unredacted copy of Exhibit A is now permanently restricted pursuant to Fed. R. Civ. P. Rule 5.2 and NYND Local Rule 5.2. (khr) [Transferred from nynd on 11/14/2023.] |
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Filing 41
TEXT ORDER: On or before 3/21/2023, all parties shall file next detailed status reports regarding the progress of discovery and the litigation. SO ORDERED by Magistrate Judge Miroslav Lovric on 1/23/2023.(jdp) [Transferred from nynd on 11/14/2023.]
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| TEXT NOTICE OF FILING DEFICIENCY as to Nancy Fish regarding the #40 Memorandum of Law,, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. Exhibit A contained birth dates Notice of Filing Deficiency Deadline 1/25/2023 (khr) [Transferred from nynd on 11/14/2023.] |
| Filing 40 MEMORANDUM OF LAW re #29 Motion to Dismiss/Lack of Personal Jurisdiction, #28 Motion to Dismiss, in Opposition to Deft Oshkosh's Motion filed by Nancy Fish. (Attachments: #1 Memorandum of Law in Opposition to Deft Kalyn Siebert's Motion, #2 Declaration of Harris Marks in Opposition to Both Defendants' Motions, #3 Exhibit(s) A - California Highway Patrol Police Report, #4 Exhibit(s) B - Complaint in Natural Resources Defense Council Inc. v. USPS, #5 Exhibit(s) C - Oshkosh Defense, LLC NYS DOS Printout)(Marks, Harris) (Additional attachment(s) added on 1/24/2023: #6 Redacted Exhibit A) (khr, ). [Transferred from nynd on 11/14/2023.] |
| Filing 39 STATUS REPORT (Joint) by Oshkosh Corporation, Oshkosh Defense, LLC. (Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
| TEXT NOTICE OF FILING DEFICIENCY as to Oshkosh Corporation, Oshkosh Defense, LLC regarding the #38 Notice of Change of Address NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction(s) should be made within 3 days of this notice. To change your address, please go to www.nynd.uscourts.gov, attorney information, left hand side, select Update Your Bar Record and follow the instructions Notice of Filing Deficiency Deadline 1/13/2023 (khr) [Transferred from nynd on 11/14/2023.] |
| Filing 38 NOTICE of Change of Address by Marybeth Priore Mantharam Effective Date January 17, 2023 Old Address: 424 Main St., Suite 2000, Buffalo, NY 14202 New Address: 800 Main Place Tower, 350 Main Street, Buffalo, NY 14202 (Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
| Filing 37 TEXT ORDER granting #36 Plaintiff's letter-motion requesting an adjournment of the briefing schedule regarding Defendants' #28 & #29 Motions to Dismiss. Plaintiff's responses in opposition to these motions are due to be filed by 1/20/2023. Any replies to these motions are due to be filed by 2/10/2023. SO ORDERED by U.S. District Judge Glenn T. Suddaby on 12/20/2022. (sal ) [Transferred from nynd on 11/14/2023.] |
| Filing 36 Letter Motion from Plaintiff Counsel for Nancy Fish requesting Adjournment of Motions submitted to Judge Glenn T. Suddaby . (Attachments: #1 Exhibit(s) Stipulation to Adjourn Motion to Dismiss)(Marks, Harris) [Transferred from nynd on 11/14/2023.] |
| Filing 35 STATUS REPORT in response to the Court's December 1, 2022 order by Nancy Fish. (Marks, Harris) [Transferred from nynd on 11/14/2023.] |
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Filing 34
TEXT ORDER: Plaintiff shall file a status report by 12/8/2022 advising as to why Plaintiff failed to appear at the 12/1/2022 telephone conference. On or before 1/23/2023, all parties shall file status reports regarding the progress of discovery and the litigation. SO ORDERED by Magistrate Judge Miroslav Lovric on 12/1/2022. (jdp ) [Transferred from nynd on 11/14/2023.]
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: a status conference was held on 12/1/2022, via telephone conference. Counsel for Plaintiff failed to appear. The Court reminded the parties as to the deadlines and schedules as set forth in Dkt. Nos. 19 & 20. Both counsel for Defendants advised the Court as to the progress of discovery and the litigation. Next status reports advising as to progress of discovery shall be filed by 1/23/2023. Plaintiff shall file a status report by 12/8/2022 advising as to why Plaintiff failed to appear at the 12/1/2022 telephone conference. Appearances: M. Mantharam, Esq., for Defendants Oshkosh; and J. Burgasser, Esq., for Defendant Siebert. (jdp ) [Transferred from nynd on 11/14/2023.] |
| Filing 33 TEXT ORDER granting #32 Plaintiff's letter-motion requesting an adjournment of the briefing schedule regarding Defendants' #28 & #29 Motions to Dismiss. Plaintiff's response to these motions are due to be filed by 12/21/2022. Any replies to these motions are due to be filed by 1/11/2023. SO ORDERED by U.S. District Judge Glenn T. Suddaby on 11/18/2022. (sal ) [Transferred from nynd on 11/14/2023.] |
| Filing 32 Letter Motion from Plaintiff Counsel for Nancy Fish requesting Adjournment of Motion submitted to Judge Glenn T. Suddaby . (Attachments: #1 Stipulation to Adjourn Motion to Dismiss)(Marks, Harris) [Transferred from nynd on 11/14/2023.] |
| Filing 31 STATUS REPORT (Joint) by Oshkosh Corporation, Oshkosh Defense, LLC. (Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
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Filing 30
ORDER Approving [26-3] joint Protective Order with the exception of paragraphs 10 & 11, which are not approved. Any party seeking leave to file under seal with the Court confidential information obtained during pretrial discovery and subject to this Protective Order, must comply with, apply for, and obtain court permission to file such information under seal, pursuant to N.D.N.Y. L.R. 5.3. Upon the filing of any such application, the Court will make a determination, pursuant to Lugosch v. Pyramid Co. of Onondaga Cnty., 435 F.3d 110, 119-27 (2d Cir. 2006), as to whether a sufficient showing has been made that the interests of parties in preserving the confidentiality of the information at issue sufficiently outweighs the public's interest in access to judicial documents in order to justify the requested sealing. Signed by Magistrate Judge Miroslav Lovric on 11/2/2022. (jdp) [Transferred from nynd on 11/14/2023.]
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| CLERK'S CORRECTION OF DOCKET ENTRY: Clerk noted in the #29 Motion to Dismiss/Lack of Personal Jurisdiction that this document was signed by Attorney Michael Block but filed by Attorney Jessica Burgasser. Counsel is reminded that all documents filed on the docket should be filed in accordance with General Order 22 which states that "Documents filed under an attorney's login and password shall constitute that attorney's signature for purposes of the Local and Federal Rules of Civil and Criminal Procedure, including but not limited to Rule 11 of the Federal Rules of Civil Procedure." (pjh, ) [Transferred from nynd on 11/14/2023.] |
| Filing 29 First MOTION to Dismiss for Lack of Personal Jurisdiction filed by Kalyn Siebert. Response to Motion due by 11/21/2022. Reply to Response to Motion due by 11/28/2022 (Attachments: #1 Memorandum of Law, #2 Affidavit) (Burgasser, Jessica) Modified on 11/2/2022 to note that this document was signed by Attorney Michael Block and filed by Attorney Jessica Burgasser. (pjh, ). [Transferred from nynd on 11/14/2023.] |
| Filing 28 MOTION to Dismiss filed by Oshkosh Corporation, Oshkosh Defense, LLC. Motion returnable before Judge Glenn Suddaby Response to Motion due by 11/21/2022. Reply to Response to Motion due by 11/28/2022 (Attachments: #1 Memorandum of Law in Support, #2 Exhibit(s) A - Ward Affidavit) (Colucci, Anthony) [Transferred from nynd on 11/14/2023.] |
| Filing 27 NOTICE of Appearance by Ethan Notarius on behalf of Oshkosh Corporation, Oshkosh Defense, LLC (Notarius, Ethan) [Transferred from nynd on 11/14/2023.] |
| Filing 26 Consent MOTION for Protective Order Permitting Disclosure of Federal Records filed by Oshkosh Corporation, Oshkosh Defense, LLC. Response to Motion due by 11/17/2022 (Attachments: #1 Uncontested Motion, #2 Exhibit(s) A - List of Requested Information, #3 Proposed Order/Judgment) Motions referred to Miroslav Lovric. (Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
| Filing 25 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that George F. Carpinello has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Marybeth Mantharam, Harris Marks, Michael Block and. Dated: September 28, 2022(Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
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Filing 24
ORDER granting #23 Motion for Protective Order. Signed by Magistrate Judge Miroslav Lovric on 9/26/2022. (jdp) [Transferred from nynd on 11/14/2023.]
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| Filing 23 Consent MOTION for Protective Order filed by Oshkosh Corporation, Oshkosh Defense, LLC. Response to Motion due by 10/17/2022 (Attachments: #1 Uncontested Motion, #2 Exhibit(s) A - Proposed Protective Order) Motions referred to Miroslav Lovric. (Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
| Filing 22 STATUS REPORT (Joint) by Oshkosh Corporation, Oshkosh Defense, LLC. (Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
| Filing 21 AMENDED DOCUMENT by Oshkosh Corporation, Oshkosh Defense, LLC. Amendment to #1 Notice of Removal,,, . (Attachments: #1 Exhibit(s) A - Summons & Complaint, #2 Exhibit(s) B - Affidavit of Service for Oshkosh Defense, #3 Exhibit(s) C - Affidavit of Service for Oshkosh Corp., #4 Exhibit(s) D - Notices of Appearance Notifications, #5 Exhibit(s) E - Affidavit of Service for Kalyn Siebert, #6 Exhibit(s) F - Affidavit, #7 Exhibit(s) G - Corporation Search for Oshkosh Defense, #8 Exhibit(s) H - Corporation Search for Oshkosh Corp., #9 Exhibit(s) I - Kalyn Siebert Business Filing, #10 Exhibit(s) J - Notice to Admit, #11 Exhibit(s) K - Response to Notice to Admit, #12 Exhibit(s) L - Consent to Removal)(Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
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Filing 20
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 9/28/2022. Deadline for completion of Mandatory Mediation is 8/1/2023. Signed by Magistrate Judge Miroslav Lovric on 8/31/2022. (jdp ) [Transferred from nynd on 11/14/2023.]
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Filing 19
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 10. Preferred Trial Location: Albany. Joinder of Parties due by 10/31/2022. Amended Pleadings due by 10/31/2022. Discovery due by 8/1/2023. Plaintiffs Expert Disclosure Deadline is 5/3/2023. Defendants Expert Disclosure Deadline is 6/19/2023. Rebuttal Expert Disclosure Deadline is 7/3/2023. Motions to be filed by 10/6/2023. Signed by Magistrate Judge Miroslav Lovric on 8/31/2022. (jdp ) [Transferred from nynd on 11/14/2023.]
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Filing 18
TEXT ORDER: On or before 11/14/2022, the parties shall file status reports regarding the progress of the litigation. A telephone conference is scheduled for 12/1/2022 at 11:00 a.m. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/31/2022.(jdp )[Transferred from nynd on 11/14/2023.]
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Filing 17
TEXT ORDER: On or before 9/14/2022, the parties shall file status reports regarding the topics discussed at the Rule 16 conference including the Notice of Removal, diversity, and venue. Defendants Oshkosh, may if they choose to, file an Amended Notice of Removal by 9/14/2022. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/31/2022. (jdp ) [Transferred from nynd on 11/14/2023.]
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| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an initial conference was held on 8/31/2022. Pretrial deadlines were discussed and set. A telephone conference is scheduled for 12/1/2022 at 11:00 a.m. The Court discussed with the parties the following topics: (1) The Notice of Removal does not appear to adequately allege complete diversity. Although it alleges that at the time of the commencement of the action, Plaintiff resided in the County of Onondaga, State of New York, an allegation of "an individual party's residence is insufficient to establish their domicile or citizenship." IndyMac Venture, LLC v. Mulligan, 15-CV-7057, 2019 WL 4648419, at *3 (E.D.N.Y. Aug. 30, 2019) (citing White v. Abney, 17-CV-4286, 2019 WL 1298452, at *3 (E.D.N.Y. Mar. 21, 2019)); see also Caren v. Collines, 689 F. App'x 75, 75 (2d Cir. 2017) ("Although the individual plaintiff and individual defendants are alleged to be residents of certain States, such an allegation is insufficient to plead citizenship"). Notably, "one may have more than one residence in different parts of this country or world, but a person may have only one domicile." Reich v. Lopez, 858 F.3d 55, 63 (2d Cir. 2017); (2) It is also unclear from the Notice of Removal whether the residence of Plaintiff refers to Nancy Fish or whether it refers to the decedent of the estate; (3) The Notice of Removal also does not address, for purposes of diversity, whether the citizenship or domicile of an estate is controlled by the citizenship or domicile of the decedent or administrator of the estate; and (4) The Notice of Removal also does not adequately address venue and whether the amount in controversy exceeds $75,000. The Court directed the parties to file status reports by 9/14/2022 addressing these topics. Appearances: H. Marks, Esq., for the Plaintiffs; M. Mantharam, Esq., for Defendants Oshkosh; and J. Burgasser, Esq., for Defendant Siebert. (jdp ) [Transferred from nynd on 11/14/2023.] |
| Filing 16 CIVIL CASE MANAGEMENT PLAN by Oshkosh Corporation, Oshkosh Defense, LLC. (Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
| Filing 15 DEMAND for Trial by Jury by Kalyn Siebert. (Burgasser, Jessica) [Transferred from nynd on 11/14/2023.] |
| Filing 14 CROSSCLAIM and Answer to Crossclaim against Kalyn Siebert filed by Oshkosh Defense, LLC, Oshkosh Corporation.(Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
| TEXT NOTICE OF FILING DEFICIENCY NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Attorney Michael J. Block, Esquire's address and/or email address contained in the #13 Amended Answer document does not match the NYND attorney admission records. Counsel is directed to update their information in PACER within 3 days from this notice. Notice of Filing Deficiency Deadline: 7/28/2022 (map) [Transferred from nynd on 11/14/2023.] |
| CLERK'S CORRECTION OF DOCKET ENTRY: Due to the #12 Answer to Complaint with cross-claims and the #13 Amended Answer to Complaint with cross-claims being filed simultaneously, duplicate identical roles were added to the docket face. The clerk has fixed this mistake and the cross-claim roles now appear correctly. (map) [Transferred from nynd on 11/14/2023.] |
| ***Answer to the #1 Notice of Removal due date terminated for Kalyn Siebert. (map) [Transferred from nynd on 11/14/2023.] |
| Filing 13 AMENDED ANSWER to #2 Complaint, Crossclaim , CROSSCLAIM against Oshkosh Corporation, Oshkosh Defense, LLC by Kalyn Siebert. (Burgasser, Jessica) [Transferred from nynd on 11/14/2023.] |
| Filing 12 ANSWER to Complaint , CROSSCLAIM against Oshkosh Corporation, Oshkosh Defense, LLC by Kalyn Siebert.(Burgasser, Jessica) [Transferred from nynd on 11/14/2023.] |
| Filing 11 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Kalyn Siebert identifying Corporate Parent Heil Trailer International LLC for Kalyn Siebert.. (Burgasser, Jessica) [Transferred from nynd on 11/14/2023.] |
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Filing 10
ORDER granting #8 Motion for Limited Admission Pro Hac Vice. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Miroslav Lovric on 7/15/2022. (jdp ) [Transferred from nynd on 11/14/2023.]
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| Filing 9 ANSWER to Complaint by Oshkosh Corporation, Oshkosh Defense, LLC.(Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
| Filing 8 MOTION for Limited Admission Pro Hac Vice of Michael Joseph Block Filing fee $100, receipt number ANYNDC-5962898. (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Affirmation Petition for Admission, #3 Declaration Sponsor Declaration, #4 Exhibit(s) Attorney Registration form, #5 Proposed Order/Judgment Proposed Order) Motions referred to Miroslav Lovric. (Burgasser, Jessica) [Transferred from nynd on 11/14/2023.] |
| Filing 7 NOTICE of Appearance by Torrey E. Grenda on behalf of Oshkosh Corporation, Oshkosh Defense, LLC (Grenda, Torrey) [Transferred from nynd on 11/14/2023.] |
| Filing 6 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Oshkosh Defense, LLC identifying Corporate Parent Oshkosh Corporation for Oshkosh Defense, LLC.. (Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
| Filing 5 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Oshkosh Corporation. (Mantharam, Marybeth) [Transferred from nynd on 11/14/2023.] |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Attorney Michael J. Block, Email address is mjb@wlbdeflaw.com. Phone number is 215-564-4141. Admissions due by 7/19/2022. {Notice served upon attorney via e-mail and regular mail along with GO25}(pjh, ) [Transferred from nynd on 11/14/2023.] |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 8/31/2022 at 1:30 PM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/24/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh, ) [Transferred from nynd on 11/14/2023.] |
| Filing 2 STATE COURT COMPLAINT filed by Plaintiff in Onondaga County Supreme Court. (pjh, ) [Transferred from nynd on 11/14/2023.] |
| Filing 1 NOTICE OF REMOVAL from Onondaga County Supreme Court, case number 004644/2022 (Filing fee $402 receipt number ANYNDC-5956118) filed by Oshkosh Corporation and Oshkosh Defense, LLC. (Attachments: #1 Exhibit A - State Court Summons and Complaint, #2 Exhibit B - Affidavit of Service for Oshkosh Defense, #3 Exhibit C - Affidavit of Service for Oshkosh Corp., #4 Exhibit D - Notices of Appearance Notifications, #5 Exhibit E - Affidavit of Service for Kalyn Siebert, #6 Exhibit F - Corporation Search for Oshkosh Defense, #7 Exhibit G - Corporation Search for Oshkosh Corporation, #8 Exhibit H - Kalyn Siebert Business Filing Names, #9 Exhibit I - Notice to Admit, #10 Exhibit J - Consent to Removal, #11 Civil Cover Sheet)(pjh, ) [Transferred from nynd on 11/14/2023.] |
| ***Answer due date updated for Kalyn Siebert, Oshkosh Corporation, and Oshkosh Defense, LLC answers due 7/12/2022. (pjh, ) [Transferred from nynd on 11/14/2023.] |
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