Biasi v. Wal-Mart Stores East, LP, et al

Docket(#32) CIVIL CASE MANAGEMENT PLAN Joint Plan by Joseph Biasi. (Finn, Ryan) (Entered: 04/13/2016)

Docket(#31) ANSWER to 28 Amended Complaint and Affirmative Defenses by Ryan Dunphy, Rebecca Paukstela, Earlene Schaeffer, Wal-Mart Stores East, LP.(Moore, Pamela) (Entered: 03/28/2016)

Docket(#30) DECISION AND ORDER denying # 6 Defendants' Motion to Dismiss Plaintiff's second cause of action in his Second Amended Complaint for Failure to State a Claim. This case is referred back to Magistrate Judge Baxter for a Rule 16 conference and the setting of pretrial scheduling deadlines. Signed by Chief Judge Glenn T. Suddaby on 3/14/16. (lmw) (Entered: 03/14/2016)

Docket(#29) EXHIBIT A to the 28 Second Amended Complaint filed by Joseph Biasi. (mae) (Entered: 08/20/2015)

Docket(#28) SECOND AMENDED COMPLAINT filed by Joseph Biasi against Ryan Dunphy, Rebecca Paukstela, Earlene Schaeffer, and Wal-Mart Stores East, LP.(mae) (Entered: 08/19/2015)

Docket(#27) STIPULATION AND ORDER concerning the filing of a second amended complaint and the amendment of the caption of this case. Signed by U.S. Magistrate Judge Andrew T. Baxter on 8/19/2015. (mae) (Entered: 08/19/2015)

Docket(#26) STIPULATION re 17 Amended Complaint by Joseph Biasi submitted to Judge Suddaby. (Attachments: # 1 Proposed Amended Pleading)(Finn, Ryan) (Entered: 08/18/2015)

Docket(#25) Sur-Reply in Opposition to the 6 MOTION to Dismiss for Failure to State a Claim (Second Cause of Action) Sur-reply with permission filed by Joseph Biasi. (Attachments: # 1 Proposed Amended Pleading, # 2 Exhibit(s) Certificate of Service)(Finn, Ryan) (Entered: 06/08/2015)

Docket(#24) TEXT ORDER granting in part and denying in part # 23 Letter Request. Plaintiff's request for leave to file a sur-reply memorandum of law is granted: Plaintiff's sur-reply, which shall not exceed ten (10) pages in length, is due on or before June 8, 2015. In his sur-reply memorandum of law, Plaintiff is invited to also brief the Court as to how his Amended Complaint could have been filed "as a matter of course" under Fed. R. Civ. P. 15(a)(1)(B), given that it was filed 26 days after service of Defendant Walmart's motion to dismiss, and the automated docket entry for 4/22/2015 set 5/26/2015 as the deadline by which Plaintiff could merely file a "response" to Defendant Walmart's motion (which, under the Federal Rules of Civil Procedure and Local Rules of Practice, is an opposition memorandum of law). If Plaintiff argues that he erroneously interpreted the automated docket entry for 4/22/2015 and requests an Order granting him, nunc pro tunc, leave to file his Amended Complaint under Fed. R. Civ. P. 15(a)(2), Plaintiff is respectfully reminded he must include with his request a version of the Amended Complaint identifying the changes in the original Complaint, either through the submission of a red-lined version of the original Complaint or other equivalent means, pursuant to Local Rule 7.1(a)(4). Finally, Plaintiff's request for oral argument is denied: the Court will set a date and time for oral argument should the Court, in deciding Defendant Walmart's motion, determine that a need for oral argument is necessary. Authorized by Judge Glenn T. Suddaby on 6/1/15. (lmw) (Entered: 06/01/2015)

Docket(#23) Letter Motion from Ryan M. Finn for Joseph Biasi requesting oral argument or submission of sur-reply submitted to Judge Suddaby . (Finn, Ryan) (Entered: 05/29/2015)

Docket(#10) STIPULATION AND ORDER: The time for Defendants Wal-Mart Stores, Inc., Earlene Schaeffer, Ryan Dunphy, and Rebecca Paukstela to answer or otherwise move against the First Cause of Action in the Complaint is extended to 5/22/2015. Signed by U.S. Magistrate Judge Andrew T. Baxter on 4/23/2015. (mae) (Entered: 04/23/2015)

Docket(#9) NOTICE of Appearance by David I. Iversen on behalf of Joseph Biasi (Iversen, David) (Entered: 04/23/2015)

Docket(#8) STIPULATION Extending Defendants' Time to Answer or otherwise move against the First Cause of Action by Ryan Dunphy, Rebecca Paukstela, Earlene Schaeffer, Wal-Mart Stores, Inc. submitted to Judge Hon. Glenn T. Suddaby, USDJ. (Moore, Pamela) (Entered: 04/22/2015)

Docket(#7) FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Wal-Mart Stores, Inc.. (Moore, Pamela) (Entered: 04/22/2015)

Docket(#6) MOTION to Dismiss for Failure to State a Claim (Second Cause of Action) Motion Hearing set for 6/4/2015 10:00 AM in Syracuse before Judge Glenn T. Suddaby Response to Motion due by 5/18/2015 Reply to Response to Motion due by 5/26/2015. filed by Wal-Mart Stores, Inc.. (Attachments: # 1 Memorandum of Law, # 2 Exhibit(s) A (Unpublished Decisions)) (Moore, Pamela) (Entered: 04/22/2015)

Docket(#5) NOTICE of Appearance by Sami Asaad on behalf of All Defendants (Asaad, Sami) (Entered: 04/22/2015)

Docket(#4) NOTICE of Appearance by Pamela J. Moore on behalf of All Defendants (Moore, Pamela) (Entered: 04/22/2015)

Docket(#3) NOTICE of Admission Requirement as to defendants; Attorneys Pamela J. Moore and Sami Asaad, Email address is pmoore@mccarter.com and sasaad@mccarter.com. Phone number is (860) 275-6700. Admissions due by 4/30/2015. {Letters with blank admission forms mailed to Attorneys Moore and Asaad on 4/16/2015 by regular mail} (see) (Entered: 04/16/2015)

Docket(#2) G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/26/2015 at 10:30 AM by telephone, unless the parties are specifically directed to appear, before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/19/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see) (Entered: 04/16/2015)

Docket(#1) NOTICE OF REMOVAL from New York State Supreme Court, Montgomery County, case number 000251/2015 (Filing fee $400 receipt number 0206-3259362) filed by Wal-Mart Stores, Inc., Ryan Dunphy, Rebecca Paukstela, and Earlene Schaeffer. (Attachments: # 1 Exhibit(s) A - Copy of State Court Complaint, # 2 Copy of State Court Summons, # 3 Civil Cover Sheet)(see) (Entered: 04/16/2015)