HAJOVSKY v. HOME DEPOT U.S.A., INC. et al
| New York Eastern District Court | |
| Judge: | Margo K Brodie |
| Referred: | Vera M Scanlon |
| Case #: | 1:23-cv-01828 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1446 Petition for Removal- Personal Injury |
| Case Filed: | Mar 09, 2023 |
| Case in other court: | MICHAEL HAJOVSKY v. HOME DEPOT U.S.A., INC., 701332/2023 |
| Last checked: Tuesday Sep 05, 2023 4:53 AM EDT |
|
Defendant
PWR-16048-18 NORTHERN BLVD LLC.
|
|
|
Defendant
Home Depot U.S.A Inc
|
Represented By
|
|
Plaintiff
Michael Hajovsky
|
Represented By
|
| Docket last updated: 04/25/2025 11:59 PM EDT |
| Thursday, April 10, 2025 | ||
|
order
1 - Terminate Deadlines and Hearings Scheduling Order
Thu 04/10 11:02 AM
ORDER. Due to a conflict in the Court's calendar, the 4/29/2025 status conference is rescheduled for 3:15 PM on the same day . To gain access to the ZoomGov audio conferencing system, the parties are to dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. Ordered by Magistrate Judge Vera M. Scanlon on 4/10/2025. (SH) |
||
| Tuesday, April 08, 2025 | ||
|
order
Scheduling Order
Tue 04/08 3:06 PM
ORDER. The Court is in receipt of the letter at ECF No.19 requesting termination of the referral to Court-annexed mediation and the scheduling of a status conference to discuss the possible reopening of discovery. A status conference is scheduled for 4/29/2025 at 12:15 PM before Magistrate Judge Vera M. Scanlon. To gain access to the ZoomGov audio conferencing system, the parties are to dial 1-646-828-7666; enter meeting ID 16121901090 and press the pound key; when asked for a participant ID, press the pound key; and enter passcode 091622 and press the pound key. Ordered by Magistrate Judge Vera M. Scanlon on 4/8/2025. (SH) |
||
| Tuesday, March 25, 2025 | ||
| 19 | 19
misc
Status Report
Tue 03/25 9:47 AM
STATUS REPORT REMOVAL FROM MEDIATION PROGRAM by Home Depot U.S.A Inc (Chappell, Robert) |
|
| Monday, December 09, 2024 | ||
|
order
Order on Motion to Request Mediation
Mon 12/09 4:12 PM
ORDER granting17 Motion to Request Mediation. The parties are referred to mediation. Selection of Mediator due by 12/23/2024. Mediation shall be completed by 2/23/2025, and by that same date the parties will file a joint letter regarding its outcome. Ordered by Magistrate Judge Vera M. Scanlon on 12/9/2024. (SH) |
||
|
adr
Mediation Instructions
Mon 12/09 4:23 PM
MEDIATION INSTRUCTIONS: Mediation instructions for counsel are available[LINK:on the Court's website] . Counsel should select a mediator and schedule the initial mediation session with their chosen mediator. Once scheduled, counsel must file their selection using the [LINK:Selection of Mediator Form] . A list of EDNY Panel Mediators is available on the [LINK:Court's website] . EDNY Mediators are compensated in accordance with [LINK:EDNY Mediators are compensated in accordance with Local Civil Rule 83.8(f)(1)] . The Confidentiality Stipulation [LINK:in-person] or [LINK:remote] must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. Upon completion of the mediation, both parties must submit a [LINK:Mediation Report] to the ADR Department. (JR) |
||
| Tuesday, December 03, 2024 | ||
| 17 | 17
misc
Status Report
Tue 12/03 4:33 PM
STATUS REPORT by Home Depot U.S.A Inc (Chappell, Robert) |
|
| Monday, December 02, 2024 | ||
| 18 | 18
order
Status Report Order
Fri 12/06 3:10 PM
ORDER. To the extent the parties consent to trial by a magistrate judge, ECF No.16 at page 6, they should execute the attached consent form and submit it for consideration by the District Judge. If the consent is approved, within 14 days thereafter, counsel should submit a joint letter as to their and their witnesses availability for a jury trial in 2025. Ordered by Magistrate Judge Vera M. Scanlon on 12/2/2024. (SH) |
|
|
order
Order Certifying Discovery
Fri 12/06 3:11 PM
ORDER. Given the deadline for discovery to be completed, and the submission of the proposed pretrial order at ECF No. 16, the Court certifies discovery as concluded. Ordered by Magistrate Judge Vera M. Scanlon on 12/2/2024. (SH) |
||
| Tuesday, October 22, 2024 | ||
|
order
Order on Motion to Adjourn Conference
Tue 10/22 10:36 AM
ORDER. The Motion at ECF No.15 is granted. In light of the upcoming mediation, the Settlement Conference is adjourned sine die . Parties shall file a joint status letter as to the outcome of mediation on or before 12/2/2024. Ordered by Magistrate Judge Vera M. Scanlon on 10/22/2024. (SH) |
||
| Tuesday, October 15, 2024 | ||
| 16 | 16
misc
Proposed Pretrial Order
Tue 10/15 4:58 PM
Proposed Pretrial Order by Michael Hajovsky, Home Depot U.S.A Inc (Dougherty, Patrick) |
|
| Friday, September 27, 2024 | ||
| 15 | 15
motion
Adjourn Conference
Fri 09/27 3:50 PM
MOTION to Adjourn Conference by Home Depot U.S.A Inc. (Dougherty, Patrick) |
|
| Monday, September 23, 2024 | ||
|
order
1 - Terminate Deadlines and Hearings Scheduling Order
Mon 09/23 4:06 PM
ORDER. Due to a conflict in the Court's calendar, the 10/17/2024 Settlement Conference is rescheduled for 10/31/2024 at 3:30 PM before Magistrate Judge Vera M. Scanlon. The Court will email the ZoomGov login information to counsel separately. Counsel is reminded to submit their respective ex parte letters to scanlon_chambers@nyed.uscourts.gov no later than 10/11/2024. Ordered by Magistrate Judge Vera M. Scanlon on 9/23/2024. (SH) |
||
| Friday, September 20, 2024 | ||
|
order
Status Report Order
Fri 09/20 12:14 PM
ORDER. The Court is in receipt of the parties' joint letter at ECF No.14 . The parties inform the Court that, as of 8/16/2024, all fact discovery was complete, with the exception of the deposition of Defendant Home Depot U.S.A. Inc., to be conducted on 8/22/2024. The 6/20/2024 Order is the operative scheduling Order, which set the close of fact discovery as 7/17/2024, the close of expert discovery as 8/16/2024, the deadline for commencing dispositive motion practice as 9/16/2024, and the deadline for filing a proposed joint pretrial order, if dispositive motion practice was not commenced, as 10/15/2024. The parties have not sought any relief in relation to the 6/20/2024 Order. If the parties intend to seek relief from the 6/20/2024 Order, pursuant to which the deadlines for concluding all discovery and commencing dispositive motion practice have passed, the parties must do so by 9/27/2024, including an explanation for the delay in seeking such relief and the reasons why the such relief should be granted. If the parties do not intend to do so, or if the Court denies the relief requested, the 10/15/2024 deadline for filing a proposed joint pretrial order remains in place. Ordered by Magistrate Judge Vera M. Scanlon on 9/20/2024. (JR) |
||
| Thursday, September 19, 2024 | ||
|
order
Status Report Order Scheduling Order
Thu 09/19 10:27 AM
SCHEDULING ORDER: The parties are scheduled for a Settlement Conference on 10/17/2024 at 3:30 PM before Magistrate Judge Vera M. Scanlon over ZoomGov. The Court will email the ZoomGov login information to counsel separately. In anticipation of the Settlement Conference, counsel must send their respective ex parte letters to scanlon_chambers@nyed.uscourts.gov no later than 10/11/2024. Ordered by Magistrate Judge Vera M. Scanlon on 9/19/2024. (SH) |
||
| Friday, August 16, 2024 | ||
| 14 | 14
misc
Case Management Statement
Fri 08/16 4:10 PM
CASE MANAGEMENT STATEMENT (Barbera, Steven) |
|
| Thursday, June 20, 2024 | ||
|
order
Order on Motion for Extension of Time to Complete Discovery
Thu 06/20 11:22 AM
ORDER granting13 Motion for Extension of Time to Complete Discovery. The parties will complete fact discovery 7/17/2024. The parties will complete expert discovery by 8/16/2024, and, by this same date, the parties will file a joint letter certifying the close of discovery. On or before 9/16/2024, any party commencing dispositive motion practice will do so in accordance with the Individual Rules of the District Judge. If the parties do not commence dispositive motion practice, the parties will file a proposed joint pretrial order on or before 10/15/2024. Ordered by Magistrate Judge Vera M. Scanlon on 6/20/2024. (JR) |
||
| Monday, June 17, 2024 | ||
| 13 | 13
motion
Extension of Time to Complete Discovery
Mon 06/17 12:14 PM
Second MOTION for Extension of Time to Complete Discovery by Home Depot U.S.A Inc. (Dougherty, Patrick) |
|
| Thursday, April 18, 2024 | ||
|
order
Order on Motion for Extension of Time to Complete Discovery
Thu 04/18 2:11 PM
ORDER granting12 Motion for Extension of Time to Complete Discovery. The parties will complete all discovery, both fact and expert discovery, by 6/17/2024, and, by this same date, the parties will file a joint letter certifying the close of discovery. On or before 7/17/2024, any party commencing dispositive motion practice will do so in accordance with the Individual Rules of the District Judge. If the parties do not commence dispositive motion practice, the parties will file a proposed joint pretrial order on or before 8/16/2024. Ordered by Magistrate Judge Vera M. Scanlon on 4/18/2024. (JR) |
||
| Tuesday, April 16, 2024 | ||
| 12 | 12
motion
Extension of Time to Complete Discovery
Tue 04/16 12:05 PM
MOTION for Extension of Time to Complete Discovery by Michael Hajovsky. (Barbera, Steven) |
|
| Thursday, January 18, 2024 | ||
|
order
Order on Motion for Extension of Time to Complete Discovery
Thu 01/18 1:27 PM
ORDER granting consent11 Motion for Extension of Time to Complete Discovery. The parties will complete fact discovery on or before 4/16/2024. If the parties perform expert discovery, they will serve initial expert disclosures on or before 2/9/2024; initial expert reports on or before 3/1/2024; and rebuttal expert reports on or before 3/22/2024. All discovery, including expert depositions, will be completed on or before 4/16/2024, and, by that same date, the parties will file a joint letter certifying the close of all discovery. On or before 5/16/2024, any party commencing dispositive motion practice will do so in accordance with the Individual Rules of the District Judge. If the parties do not commence dispositive motion practice, the parties will file a proposed joint pretrial order on or before 6/17/2024. Ordered by Magistrate Judge Vera M. Scanlon on 1/18/2024. (JR) |
||
| Wednesday, January 17, 2024 | ||
| 11 | 11
motion
Extension of Time to Complete Discovery
Wed 01/17 8:24 AM
MOTION for Extension of Time to Complete Discovery by Home Depot U.S.A Inc. (Dougherty, Patrick) |
|
| Wednesday, January 10, 2024 | ||
|
order
Status Report Order 1 - Terminate Deadlines and Hearings
Wed 01/10 2:00 PM
ORDER. The parties failed to file a joint status letter certifying the close of all discovery, as required by the 5/16/2023 Order. The parties must do so on or before 1/17/2024. The parties are warned that failure to comply with Orders may result in the imposition of sanctions. Ordered by Magistrate Judge Vera M. Scanlon on 1/10/2024. (JR) |
||
| Tuesday, May 16, 2023 | ||
|
order
1 - Terminate Deadlines and Hearings
Tue 05/16 12:55 PM
Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon: Initial Conference held on 5/16/2023. Steven Barbera appearing for Plaintiff. Robert J. Chappell appearing for Defendant Home Depot U.S.A Inc. (FTR Log #12:38-12:50.) (MG) |
||
|
order
Scheduling Order
Tue 05/16 2:15 PM
ORDER: As discussed at the 5/16/2023 Initial Conference, the discovery schedule is adopted as follows. The parties will serve Rule 26(a)(1) initial disclosures by 5/16/2023. The parties will serve initial document requests and interrogatories on or before 5/16/2023. Plaintiff is to provide authorizations by 5/31/2023. Any joinder and/or amendments of the pleadings must be made by 7/5/2023. The parties will complete fact discovery by 12/21/2023. If the parties perform expert discovery, they will serve initial disclosures by 8/22/2023; initial expert reports by 9/22/2023; and rebuttal expert reports on or before 11/22/2023. All discovery, including expert depositions, will be completed by 12/21/2023, and the parties will file a joint letter certifying the close of all discovery by this same date. By 1/26/2024, any party commencing dispositive motion practice must do so in accordance with the Individual Rules of the District Judge. If the parties do not commence motion practice, the parties will file a Joint Proposed Pretrial Order by 2/23/2024. Settlement discussions are ongoing. Plaintiff's counsel has made a demand. Ordered by Magistrate Judge Vera M. Scanlon on 5/16/2023. (MG) |
||
| Wednesday, April 12, 2023 | ||
|
order
1 - Terminate Deadlines and Hearings Scheduling Order
Wed 04/12 10:25 AM
ORDER: The Court has learned that, due to unforeseen circumstances, it is impossible for counsel to attend the 4/12/2023 Initial Conference. The conference is therefore rescheduled to 5/16/2023 at 12:30 PM, to be held in-person in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 4/12/2023. (MG) |
||
| Tuesday, April 11, 2023 | ||
| 10 | 10
misc
Case Management Statement
Tue 04/11 8:45 AM
CASE MANAGEMENT STATEMENT Joint Proposed Civil Case Management Plan (Chappell, Robert) |
|
| Friday, April 07, 2023 | ||
|
order
1 - Terminate Deadlines and Hearings Status Report Order
Fri 04/07 11:58 AM
ORDER: Counsel has failed to file the completed Joint Proposed Case Management Plan (CMP) or proof of service in compliance with the 3/21/2023 Order. Counsel must file the completed CMP and proof of service per the instructions in the 3/21/2023 Order by noon on 4/11/2023. Ordered by Magistrate Judge Vera M. Scanlon on 4/7/2023. (MG) |
||
| Thursday, April 06, 2023 | ||
| 9 | 9
notice
Notice of Appearance
Thu 04/06 9:50 AM
NOTICE of Appearance by Steven Barbera on behalf of Michael Hajovsky (notification declined or already on case) (Barbera, Steven) |
|
| 8 | 8
notice
Notice of Appearance
Thu 04/06 9:40 AM
NOTICE of Appearance by Steven Barbera on behalf of Michael Hajovsky (notification declined or already on case) (Barbera, Steven) |
|
| Tuesday, March 21, 2023 | ||
| 7 | 7
order
Scheduling Order
Tue 03/21 11:43 AM
SCHEDULING ORDER: An Initial Conference is set for 4/12/2023 at 11:10 AM in person in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 3/28/2023. In the event that any Defendants have not answered or otherwise appeared, Plaintiff must also mail a copy of this Order, its attachment and the full docket to the last known mailing addresses for such Defendants and file proof on ECF by the CMP filing date. Ordered by Magistrate Judge Vera M. Scanlon on 3/21/2023. (JR) |
|
| Friday, March 17, 2023 | ||
| 6 | 6
misc
Quality Control Check - Attorney Case Opening
Fri 03/17 9:41 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
|
| 5 | 5
misc
Clerks Notice of Rule 73
Fri 03/17 9:38 AM
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:[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. (KD) |
|
|
utility
Case Assigned/Reassigned
Fri 03/17 9:37 AM
Case Assigned to Chief Judge Margo K. Brodie and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) |
||
|
misc
ECF Admission and Registration Notification - Removal
Fri 03/17 9:44 AM
This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (KD) |
||
| Thursday, March 16, 2023 | ||
| 4 | 4
misc
Proposed Summons/Civil Cover Sheet
Thu 03/16 10:21 AM
Civil Cover Sheet.. by Home Depot U.S.A Inc (Chappell, Robert) |
|
|
notice
Notice: Re: Incomplete Civil Cover Sheet
Thu 03/16 10:05 AM
Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Civil Cover Sheet. Please submit completed 2 Page Form Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
||
| Friday, March 10, 2023 | ||
| 3 | 3
answer
Answer to Complaint
Fri 03/10 10:47 AM
ANSWER to Complaint by HOME DEPOT U.S.A., INC.. (Chappell, Robert) |
|
|
Att: 1
Defendant's First Request to Produce Plaintiff,
|
||
|
Att: 2
Defendant's First Requests for the Production of Documents,
|
||
|
Att: 3
Defendant's First Set of Interrogatories to Plaintiff,
|
||
|
Att: 4
Demand for Collateral source information and authorizations,
|
||
|
Att: 5
DEMAND FOR MEDICARE/MEDICAID INFORMATION,
|
||
|
Att: 6
Demand for Tax Returns and Employment Records,
|
||
|
Att: 7
Notice to Produce Names and Addresses of Witnesses,
|
||
|
Att: 8
Demand for Authorizations for Hospital and Physicians' Records and Interviews for Treating Physicians
|
||
| Thursday, March 09, 2023 | ||
| 2 | 2
misc
Corporate Disclosure Statement
Thu 03/09 4:07 PM
Corporate Disclosure Statement by HOME DEPOT U.S.A., INC. (Chappell, Robert) |
|
| 1 | 1
notice
Notice of Removal
Thu 03/09 3:51 PM
NOTICE OF REMOVAL by HOME DEPOT U.S.A., INC. PETITION FOR REMOVAL from Queens, case number 701332/2023. ( Filing fee $ 402 receipt number ANYEDC-16484255) (Chappell, Robert) |
|
|
Att: 1
11 pgs
Exhibit Exhibit A- Summons & Complaint,
|
||
|
Att: 2
Exhibit Exhibit B-Stipulation of Partial Discontinuance
|
||