5:22-CV-01321
12/09/2022
Pending - Other Pending
Personal Injury - Other Personal Injury
Thomas J. McAvoy
Therese Wiley Dancks
Catherin Torres Fargas
Burlington Stores Inc.
Burlington Coat Factory of Texas, Inc.
Burlington Coat Factory Direct Corporation
Burlington Coat Factory Warehouse Corporation
Rene Juarez
Attorney at Dolce Panepinto, P.C.
1260 Delaware Avenue
Buffalo, NY 14209
Kenneth L. Bostick, Jr
Attorney at Goldberg Segalla, LLP
665 Main Street
Buffalo, NY 14203-1425
(#2) STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff in NYS Supreme Court, Onondaga County. (ztc) (Entered: 12/12/2022)
(#3) ANSWER to #2 Complaint filed by Burlington Coat Factory Direct Corporation, Burlington Coat Factory Warehouse Corporation, Burlington Coat Factory of Texas, Inc., Burlington Stores Inc. in NYS Supreme Court, Onondaga County.(ztc) (Entered: 12/12/2022)
(#4) G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 1/30/2023 11:00 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/23/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc) (Main Document 4 replaced on 12/13/2022) (ztc, ). (Entered: 12/12/2022)
(#5) CIVIL CASE MANAGEMENT PLAN by Burlington Coat Factory Direct Corporation, Burlington Coat Factory Warehouse Corporation, Burlington Coat Factory of Texas, Inc., Burlington Stores Inc.. (Bostick, Kenneth) (Entered: 01/23/2023)
(#6) ***STRICKEN*** Pursuant to the 1/24/2023 Text Order of Magistrate Judge Therese Wiley Dancks*** RESPONSE to Discovery Request from Burlington Stores Inc., et al. by Catherin Torres Fargas.(Juarez, Rene) Modified on 1/24/2023 (sg, ). (Entered: 01/23/2023)
(#8) UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of Non-Jury trial: 5 days to be held at Binghamton NY. Rule 33 and 34 Requests to be served by 2/6/2023. Joinder of Parties due by 3/31/2023. Amended Pleadings due by 4/14/2023. Plaintiffs Expert Disclosure Deadline is 8/2/2023. Defendants Expert Disclosure Deadline is 9/15/2023. Rebuttal Expert Disclosure Deadline is 10/2/2023. Discovery due by 10/31/2023. Discovery Motions due 11/14/2023. Dispositive Motions to be filed by 1/12/2024. Mandatory Mediation deadline is 8/31/2023. Signed by Magistrate Judge Therese Wiley Dancks on 1/30/2023. (sg ) (Entered: 01/30/2023)
(#9) ORDER REFERRING CASE to Mandatory Mediation: Deadline for Mediator Selection is 2/28/2023. Deadline for completion of Mandatory Mediation is 8/31/2023. Signed by Magistrate Judge Therese Wiley Dancks on 1/30/2023. (sg) (Entered: 01/30/2023)
(#1) NOTICE OF REMOVAL from NYS Supreme Court, Onondaga County, case number 010063/2021 (Filing fee $402 receipt number ANYNDC-6127043) filed by Burlington Stores Inc., Burlington Coat Factory Direct Corporation, Burlington Coat Factory Warehouse Corporation, Burlington Coat Factory of Texas, Inc. (Attachments: #1 Exhibit A-State Court Summons, Complaint, Affidavits of Service, and Answer, #2 Exhibit B- Demand, #3 Civil Cover Sheet)(ztc) Modified on 12/12/2022 to correct filing date (ztc, ). (Entered: 12/12/2022)
Exhibit A-State Court Summons, Complaint, Affidavits of Service, and Answer
Exhibit B- Demand
Civil Cover Sheet
Docket(#10) TEXT ORDER: The Court made the following directives during the 1/30/2023 Telephone Rule 16 Conference: Defendant to file a status report or stipulation by 2/27/2023 re: discontinuance as to certain defendants as directed by the Court. Stipulated protective order to be submitted for Court approval by 2/27/2023. Plaintiff to file joint status report by 5/8/2023 re: status of discovery, whether R. 33 and 34 Requests have been timely served and responded to, any discovery issues, and depositions scheduled, if any. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/30/2023. (sg) (Entered: 01/30/2023)
[-] Read LessDocket(#9) ORDER REFERRING CASE to Mandatory Mediation: Deadline for Mediator Selection is 2/28/2023. Deadline for completion of Mandatory Mediation is 8/31/2023. Signed by Magistrate Judge Therese Wiley Dancks on 1/30/2023. (sg) (Entered: 01/30/2023)
[-] Read LessDocket(#8) UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of Non-Jury trial: 5 days to be held at Binghamton NY. Rule 33 and 34 Requests to be served by 2/6/2023. Joinder of Parties due by 3/31/2023. Amended Pleadings due by 4/14/2023. Plaintiffs Expert Disclosure Deadline is 8/2/2023. Defendants Expert Disclosure Deadline is 9/15/2023. Rebuttal Expert Disclosure Deadline is 10/2/2023. Discovery due by 10/31/2023. Discovery Motions due 11/14/2023. Dispositive Motions to be filed by 1/12/2024. Mandatory Mediation deadline is 8/31/2023. Signed by Magistrate Judge Therese Wiley Dancks on 1/30/2023. (sg ) (Entered: 01/30/2023)
[-] Read LessDocketTEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 1/30/2023. Appearances: Rene Juarez, Esq. for Plaintiff; Kenneth Bostick, Esq. for Defendants. Court reviews Civil Case Management Plan. Rule 26 Mandatory Disclosures completed. Court discusses with counsel that no jury demand has been filed. After discussion, parties advise the case will proceed as a non-jury trial. Case referred into Mandatory Mediation. Pretrial deadlines are established, a scheduling order and mediation referral order will be issued. A separate text order will follow with other directives made during this conference. (sg) (Entered: 01/30/2023)
[-] Read LessDocket(#7) TEXT ORDER TO STRIKE #6 Response to Discovery filed by Catherine Torres Fargas: Pursuant to Local Rule 26.2, the Court does not accept the filing of discovery materials, such as responses to discovery demands, 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 the discovery in this action nor is this submission in support of a motion filed pursuant to Rule 37, Dkt. 6 is being stricken from the docket and will not be considered by the Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/24/2023. (sg ) (Entered: 01/24/2023)
[-] Read LessDocket**PLEASE READ*** IMPORTANT TEXT NOTICE FROM THE COURT re: the 1/30/2023 11am Telephone Conference: Counsel are directed to call the following number for this conference: 315-691-0477, and enter ID code 756581708 to connect to the conference. (sg) (Entered: 01/23/2023)
[-] Read LessDocket(#6) ***STRICKEN*** Pursuant to the 1/24/2023 Text Order of Magistrate Judge Therese Wiley Dancks*** RESPONSE to Discovery Request from Burlington Stores Inc., et al. by Catherin Torres Fargas.(Juarez, Rene) Modified on 1/24/2023 (sg, ). (Entered: 01/23/2023)
[-] Read LessDocket(#5) CIVIL CASE MANAGEMENT PLAN by Burlington Coat Factory Direct Corporation, Burlington Coat Factory Warehouse Corporation, Burlington Coat Factory of Texas, Inc., Burlington Stores Inc.. (Bostick, Kenneth) (Entered: 01/23/2023)
[-] Read LessDocketCLERK'S CORRECTION OF DOCKET ENTRY re #4 G.O. 25 Filing Order, Clerk replaced the document as the initial version contained the incorrect date and time of the Rule 16 Conference. Service has been regenerated so that counsel has the correct version. (ztc) (Entered: 12/13/2022)
[-] Read LessDocket(#4) G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 1/30/2023 11:00 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 1/23/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc) (Main Document 4 replaced on 12/13/2022) (ztc, ). (Entered: 12/12/2022)
[-] Read LessDocket(#3) ANSWER to #2 Complaint filed by Burlington Coat Factory Direct Corporation, Burlington Coat Factory Warehouse Corporation, Burlington Coat Factory of Texas, Inc., Burlington Stores Inc. in NYS Supreme Court, Onondaga County.(ztc) (Entered: 12/12/2022)
[-] Read LessDocket(#2) STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff in NYS Supreme Court, Onondaga County. (ztc) (Entered: 12/12/2022)
[-] Read LessDocket(#1) NOTICE OF REMOVAL from NYS Supreme Court, Onondaga County, case number 010063/2021 (Filing fee $402 receipt number ANYNDC-6127043) filed by Burlington Stores Inc., Burlington Coat Factory Direct Corporation, Burlington Coat Factory Warehouse Corporation, Burlington Coat Factory of Texas, Inc. (Attachments: #1 Exhibit A-State Court Summons, Complaint, Affidavits of Service, and Answer, #2 Exhibit B- Demand, #3 Civil Cover Sheet)(ztc) Modified on 12/12/2022 to correct filing date (ztc, ). (Entered: 12/12/2022)
[-] Read Less