Papiez v. Home Depot Inc.
| New York Eastern District Court | |
| Judge: | Edward R Korman |
| Referred: | Robert M Levy |
| Case #: | 1:15-cv-02845 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1441 Notice of Removal |
| Case Filed: | May 18, 2015 |
| Terminated: | Sep 30, 2019 |
| Last checked: Saturday Nov 14, 2015 10:54 AM EST |
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Defendant
Home Depot Inc.
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Represented By
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Plaintiff
Zbigniew Papiez
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Represented By
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| Docket last updated: 25 minutes ago |
| Monday, September 30, 2019 | ||
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order
~Util - Terminate Civil Case
Mon 09/30 3:09 PM
Civil Case Terminated.Ordered by Judge Edward R. Korman on 9/30/2019. (Susi, PaulaMarie) |
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| Thursday, August 08, 2019 | ||
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order
Order on Motion for Extension of Time to Complete Discovery
Thu 08/08 11:57 AM
ORDER terminating45 Motion for Extension of Time to Complete Discovery. Ordered by Magistrate Judge Robert M. Levy on 8/8/2019. (Ferrara, Alicia) |
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| Thursday, April 04, 2019 | ||
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minutes
Status Conference
Thu 04/04 10:34 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Counsel report this case has settled. A stipulation of discontinuance shall be filed within 30 days.Status Conference held on 4/3/2019 (Levy, Robert) |
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| Thursday, December 20, 2018 | ||
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minutes
Status Conference
Thu 12/20 6:27 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Howard engle, David Pollack. All expert depositions have been completed. Counsel are scheduling a private mediation. Next conference 4/3/19 at 11:00 (tel)(close of discovery/scheduling of JPTO).Status Conference held on 12/20/2018 (Levy, Robert) |
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| Friday, December 14, 2018 | ||
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order
Order on Motion to Adjourn Conference
Fri 12/14 11:09 AM
ORDER granting47 Motion to Adjourn Conference. Telephone Conference adjourned to 12/20/2018 at 01:00 PM before Magistrate Judge Robert M. Levy at (718) 613-2340. Ordered by Magistrate Judge Robert M. Levy on 12/14/2018. (Marino, Janine) |
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| Thursday, December 13, 2018 | ||
| 47 | 47
motion
Adjourn Conference
Thu 12/13 4:39 PM
MOTION to Adjourn Conference (Telephone Conference of December 17, 2018) by Zbigniew Papiez. (O'Donnell, Michael) |
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| Monday, October 22, 2018 | ||
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order
Order on Motion for Extension of Time to Complete Discovery
Mon 10/22 5:35 PM
ORDER granting46 Motion for Extension of Time to 12/3/18 to Complete Expert Discovery. The conference scheduled for 11/2/18 is adjourned to 12/17/18 at 10:30 (tel)(close of discovery). Ordered by Magistrate Judge Robert M. Levy on 10/22/2018. (Levy, Robert) |
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| Thursday, October 18, 2018 | ||
| 46 | 46
motion
Extension of Time to Complete Discovery
Thu 10/18 7:08 PM
Amended MOTION for Extension of Time to Complete Discovery re: Expert by Zbigniew Papiez. (O'Donnell, Michael) |
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| 45 | 45
motion
Extension of Time to Complete Discovery
Thu 10/18 3:40 PM
Joint MOTION for Extension of Time to Complete Discovery re: Expert by Zbigniew Papiez. (O'Donnell, Michael) |
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| Monday, September 24, 2018 | ||
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order
Order on Motion for Extension of Time to Complete Discovery
Mon 09/24 12:31 PM
ORDER granting44 Motion for Extension of Time to Complete Discovery. Expert Discovery Deadline extended to 10/19/2018 ; Telephone Conference adjourned to 11/02/2018 at 02:00 PM before Magistrate Judge Robert M. Levy at (718) 613-2340. Ordered by Magistrate Judge Robert M. Levy on 9/24/2018. (Marino, Janine) |
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| Friday, September 21, 2018 | ||
| 44 | 44
motion
Extension of Time to Complete Discovery
Fri 09/21 2:40 PM
Joint MOTION for Extension of Time to Complete Discovery Re: Experts by Zbigniew Papiez. (O'Donnell, Michael) |
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| Monday, August 27, 2018 | ||
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order
Order on Motion to Take Deposition
Mon 08/27 2:12 PM
ORDER granting43 Motion to Take Deposition. Ordered by Magistrate Judge Robert M. Levy on 8/27/2018. (Marino, Janine) |
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| Thursday, August 23, 2018 | ||
| 43 | 43
motion
Take Deposition
Thu 08/23 8:44 AM
MOTION to Take Deposition from Dr. Podhorodecki Letter Motion to Magis. Judge Levy re Service of Subpoena Ad Testificandum of Dr. Podhorodecki by Home Depot Inc.. (Pollack, David) |
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Att: 1
Exhibit Subpoena Ad Testificandum
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| Thursday, August 09, 2018 | ||
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order
Order on Motion to Adjourn Conference Order on Motion for Extension of Time to Complete Discovery
Thu 08/09 11:59 AM
ORDER granting42 Motion to Adjourn Conference; granting42 Motion for Extension of Time to Complete Expert Discovery( Discovery due by 9/21/2018 .) Telephone Conference adjourned to 9/28/2018 at 04:30 PM before Magistrate Judge Robert M. Levy at (718) 613-2340. Ordered by Magistrate Judge Robert M. Levy on 8/9/2018. (Marino, Janine) |
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| Friday, August 03, 2018 | ||
| 42 | 42
motion
Adjourn Conference
Fri 08/03 9:47 AM
Letter MOTION to Adjourn Conference and Extend Expert Discovery Deadline by Home Depot Inc.. (Pollack, David) |
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| Thursday, July 05, 2018 | ||
| 41 | 41
order
Order(Other)
Fri 07/06 4:26 PM
ORDER: Defendant's proposed alternative sanction was an order directing plaintiff to pay Dr. Merola's fees for his preparation and appearance at the deposition, plus defendant's counsel's fees related to the deposition. (Transcript of Oral Argument, dated Feb. 22, 2018, Dkt. No. 35, at 59:20-23.) I find this to be a reasonable alternative sanction. Accordingly, plaintiff isordered to pay defendant's attorney's fees related to the deposition of Dr. Merola, as well as Dr. Merola's fees for his preparation and appearance at the deposition. SO Ordered by Magistrate Judge Robert M. Levy on 7/5/2018. (Ramesar, Thameera) |
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| Friday, June 29, 2018 | ||
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order
Order(Other)
Fri 06/29 1:12 PM
ORDER re38 Appeal of Magistrate Judge Decision to District Court, filed by Zbigniew Papiez,40 Appeal of Magistrate Judge Decision to District Court, filed by Zbigniew Papiez. I assume familiarity with the background of this appeal from an order of U.S. Magistrate Judge Robert M. Levy. The order precluded Dr. Merola from testifying as an expert witness because of the delay in providing the defendant with Dr. Merola's report. I agree with the plaintiff that the prejudice suffered by the defendant was not sufficient to warrant preclusion, as opposed to the alternative suggested by defense counsel. See Tr. of Oral Arg. at 59:20-23, Dkt. No. 35. Accordingly, plaintiff's objection to the preclusion order is sustained, and the case is remanded for further consideration of an alternative sanction to preclusion. Ordered by Judge Edward R. Korman on 6/29/2018. (Chefitz, Jacob) |
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| Thursday, June 14, 2018 | ||
| 40 | 40
appeal
Appeal of Magistrate Judge Decision to District Court
Thu 06/14 11:22 PM
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Zbigniew Papiez re36 Order on Motion for Disclosure,,,,,,,,,,,,,,,,, (Engle, Howard) |
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Att: 1
Exhibit A - Def. Motion to Preclude,
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Att: 2
Exhibit B - Opposition to Motion to Preclude,
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Att: 3
Exhibit C - Transcript of Oral Argument,
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Att: 4
Exhibit D - Magistrate's Order 4/20/18,
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Att: 5
Memorandum in Opposition Defendant,
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Att: 6
Declaration of Howard Engle in Reply,
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Att: 7
Exhibit A - Discovery Order,
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Att: 8
Exhibit B - Kuflik Reports,
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Att: 9
Exhibit C - Doshi Reports,
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Att: 10
Exhibit D - Merola Report,
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Att: 11
Memorandum in Support Plaintiff's Reply MOL
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| Tuesday, May 08, 2018 | ||
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order
Pretrial Order
Tue 05/08 6:45 PM
ORDER re37 Proposed Scheduling Order filed by Home Depot Inc.: The joint proposed discovery schedule is approved, pending appeal of court's decision regarding Dr. Merola's status as a fact witness. Discovery deadline 8/15/18. Next conference 8/15/18 at 3:30 (tel)(close of discovery).Ordered by Magistrate Judge Robert M. Levy on 5/8/2018. (Levy, Robert) |
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| Monday, May 07, 2018 | ||
| 39 | 39
notice
Notice of Appearance
Mon 05/07 11:33 AM
NOTICE of Appearance by Daniel L. Cevallos on behalf of Zbigniew Papiez (aty to be noticed) (Cevallos, Daniel) |
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| Friday, May 04, 2018 | ||
| 38 | 38
appeal
Appeal of Magistrate Judge Decision to District Court
Fri 05/04 5:39 PM
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Zbigniew Papiez re36 Order on Motion for Disclosure,,,,,,,,,,,,,,,,, (Engle, Howard) |
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Att: 1
Exhibit Exh A Doc 27 and Exhibits,
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Att: 2
Exhibit Exh B Docs 28 29 and Exhibits,
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Att: 3
Exhibit Exh C February 22 2018 Transcript of Oral Argument Before Hon Robert M Levy,
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Att: 4
Exhibit Exh D April 20 2018 Magistrate Memorandum and Order
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| Monday, April 30, 2018 | ||
| 37 | 37
misc
Proposed Scheduling Order
Mon 04/30 9:49 AM
Proposed Scheduling Order Joint Letter to Magistrate Robert Levy re Proposed Schedule for Expert Depositions by Home Depot Inc. (Pollack, David) |
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| Friday, April 20, 2018 | ||
| 36 | 36
15
pgs
order
Order on Motion for Disclosure
Fri 04/20 5:15 PM
MEMORANDUM AND ORDER: For the reasons stated in the attached Memorandum and Order, defendant's first motion is denied, while its second motion is granted in part and denied in part. Although plaintiff's disclosure of Dr. Payne's supplemental report was untimely, I find that this violation was harmless and will therefore not preclude its admission. However, as an alternative sanction, plaintiff is hereby ordered to pay all reasonable attorney's fees arising from defendants deposition of Dr. Payne. Defendants second motion is granted insofar as Dr. Merola's expert report will be precluded in its entirety. Dr. Merola will not be testifying as an expert witness in this case, but only as a treating physician. However, the motion is denied in part insofar as defendant asserts an overly narrow reduction in the scope of Dr. Merola's permissible testimony as a treating physician. At trial, the scope of Dr. Merola's testimony must conform with the principles discussed above. Finally, the parties are hereby directed to meet and confer and submit to the court a proposed schedule for the remainder of discovery by April 30, 2018. Ordered by Magistrate Judge Robert M. Levy on 4/20/2018. See attached Memorandum & Order for details. (Marino, Janine) |
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| Monday, March 05, 2018 | ||
| 35 | 35
misc
Transcript
Mon 03/05 11:51 AM
TRANSCRIPT of Proceedings held on February 22, 2018, before Judge LEVY. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/26/2018. Redacted Transcript Deadline set for 4/5/2018. Release of Transcript Restriction set for 6/4/2018. (Hong, Loan) |
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| Thursday, February 22, 2018 | ||
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minutes
Motion Hearing
Thu 02/22 3:26 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Oral argument held on motions. Decision reserved. Motion Hearing held on 2/22/2018 re21 27 22 (FTR Log #12:35-2:06.) (Levy, Robert) |
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| Thursday, February 15, 2018 | ||
| 34 | 34
motion
Withdraw
Thu 02/15 8:30 AM
MOTION to Withdraw Letter to Magistrate Judge Levy withdrawing request for an adjournment re Oral Argument of Home Depot's motions by Home Depot Inc.. (Pollack, David) |
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order
Order on Motion to Adjourn Conference
Thu 02/15 10:03 AM
ORDER terminating33 Motion to Adjourn Conference. Ordered by Magistrate Judge Robert M. Levy on 2/15/2018. (Marino, Janine) |
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order
Order on Motion to Withdraw
Thu 02/15 10:06 AM
ORDER granting34 Motion to Withdraw. Ordered by Magistrate Judge Robert M. Levy on 2/15/2018. (Marino, Janine) |
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order
Scheduling Order
Thu 02/15 10:11 AM
SCHEDULING ORDER : Oral Argument set for 02/22/2018 at 12:30 PM in Courtroom 11B South before the Hon. Robert M. Levy, USMJ. Ordered by Magistrate Judge Robert M. Levy on 2/15/2018. (Marino, Janine) |
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| Tuesday, February 13, 2018 | ||
| 33 | 33
motion
Adjourn Conference
Tue 02/13 1:50 PM
MOTION to Adjourn Conference Letter to Magistrate Levy re Rescheduling of Oral Argument of pending motions by Home Depot Inc.. (Pollack, David) |
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| Monday, January 29, 2018 | ||
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order
Scheduling Order
Mon 01/29 10:09 AM
SCHEDULING ORDER: The Oral Argument scheduled for 02/08/18 is adjourned to 02/22/2018 at 12:30 PM before Magistrate Judge Robert M. Levy, in Courtroom 11-B. Ordered by Magistrate Judge Robert M. Levy on 1/29/2018. (Marino, Janine) |
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| Wednesday, January 03, 2018 | ||
| 32 | 32
respm
Affidavit/Declaration in Support of Motion
Wed 01/03 6:14 PM
AFFIDAVIT/DECLARATION in Support re27 MOTION for Disclosure Motion to Preclude Plaintiff's Orthopedic Expert Andrew Merola, M.D. filed by Home Depot Inc.. (Pollack, David) |
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| 31 | 31
respoth
Reply in Opposition
Wed 01/03 4:23 PM
REPLY in Opposition Reply Memorandum to Plaintiff's Opposition To and In Further Support of Home Depot U.S.A., Inc.'s Motion to Preclude Plaintiff's Orthopaedic Expert Andrew Merola, M.D. filed by Home Depot Inc.. (Pollack, David) |
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| Tuesday, January 02, 2018 | ||
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order
Order on Motion to Adjourn Conference
Tue 01/02 3:15 PM
ORDER granting30 Motion to Adjourn Oral Argument. Ordered by Magistrate Judge Robert M. Levy on 1/2/2018. (Marino, Janine) |
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order
Scheduling Order
Tue 01/02 3:16 PM
SCHEDULING ORDER RE30 - Oral Argument adjourned to 2/8/2018 at 10:00 AM in Courtroom 11B South before Magistrate Judge Robert M. Levy. Ordered by Magistrate Judge Robert M. Levy on 1/2/2018. (Marino, Janine) |
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| Wednesday, December 27, 2017 | ||
| 30 | 30
motion
Adjourn Conference
Wed 12/27 8:55 AM
MOTION to Adjourn Conference Letter to Magistrate Levy re Rescheduling of Oral Argument of Motions to Compel by Home Depot Inc.. (Pollack, David) |
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| Friday, December 22, 2017 | ||
| 29 | 29
19
pgs
respoth
Memorandum in Opposition
Fri 12/22 9:31 PM
MEMORANDUM in Opposition re27 MOTION for Disclosure Motion to Preclude Plaintiff's Orthopedic Expert Andrew Merola, M.D. filed by Zbigniew Papiez. (O'Donnell, Michael) |
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| 28 | 28
respm
Affidavit/Declaration in Opposition to Motion
Fri 12/22 9:29 PM
AFFIDAVIT/DECLARATION in Opposition re27 MOTION for Disclosure Motion to Preclude Plaintiff's Orthopedic Expert Andrew Merola, M.D. Howard Engle, Esq. filed by Zbigniew Papiez. (O'Donnell, Michael) |
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Att: 1
Exhibit A - Counsel Email Exchange,
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Att: 2
Exhibit B - Notice of Medical Exchange,
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Att: 3
Exhibit C - Pltf. Initial Rule 26 Disclosures,
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Att: 4
Exhibit D - Pltf. Response to D&I 11-20-15,
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Att: 5
Exhibit E - Pltf. Response to D&I 02-23-17,
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Att: 6
Exhibit F - Def. Letter of Spoliation 4-26-17,
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Att: 7
Exhibit G - Sanchez Depo Pages,
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Att: 8
Exhibit H - Feller Depo Pages
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| Friday, November 17, 2017 | ||
| 27 | 27
motion
Disclosure
Fri 11/17 12:25 PM
MOTION for Disclosure Motion to Preclude Plaintiff's Orthopedic Expert Andrew Merola, M.D. by Home Depot Inc.. (Pollack, David) |
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Att: 1
Affidavit in Support Affirmation in Support,
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Att: 2
Exhibit A - Summons and Complaint,
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Att: 3
Exhibit B - Verified Answer,
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Att: 4
Exhibit C - Notice of Removal,
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Att: 5
Exhibit D - Plaintiff's Notice of Expert Witness,
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Att: 6
Exhibit E - Letter to Plaintiff,
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Att: 7
Certificate of Service for Notice of Motion and Affiramtion in Support,
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Att: 8
Memorandum in Support,
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Att: 9
Certificate of Service for Memorandum of Law in Support
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| Thursday, October 26, 2017 | ||
| 26 | 26
respm
Response in Opposition to Motion
Thu 10/26 4:01 PM
RESPONSE in Opposition re21 MOTION for Disclosure Motion to Preclude Dr. Payne's Rebuttal Report filed by Home Depot Inc.. (Pollack, David) |
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Att: 1
Exhibit Exhibit A - Dr. David R. Payne's Report,
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Att: 2
Exhibit Exhibit B - NY Ortho, Sports, Medicine & Trauma, P.C. Report
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minutes
Motion Hearing
Thu 10/26 4:28 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: (1) Because this motion affects the completion of discovery, I now find that it should be decided as part of pretrial discovery case management, rather than as a motion in limine. Briefing schedule for this motion: 11/22/17 motion; 12/22/17 opposition; 1/5/18 reply, if any. (2) Oral argument on this motion and the motion to preclude the rebuttal report of Dr. Payne will be heard on 1/26/18 at 10:00 in Courtroom 11B. The oral argument previously scheduled for 11/28/17 is adjourned to 1/26/18 and consolidated with this motion. Hearing held on 10/26/2017 re22 MOTION for Disclosure Letter to Court re Objection to Plaintiff's Untimely Designation of Expert filed by Home Depot Inc. (Levy, Robert) |
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| Monday, October 16, 2017 | ||
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order
Scheduling Order
Mon 10/16 11:29 AM
SCHEDULING ORDER: A telephone conference has been scheduled for 10/26/2017 at 3:30 PM before the Hon. Robert M. Levy, USMJ at (718) 613-2340. Ordered by Magistrate Judge Robert M. Levy on 10/16/2017. (Marino, Janine) |
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| Friday, October 13, 2017 | ||
| 25 | 25
13
pgs
respoth
Memorandum in Opposition
Fri 10/13 5:19 PM
MEMORANDUM in Opposition re21 MOTION for Disclosure Motion to Preclude Dr. Payne's Rebuttal Report filed by Zbigniew Papiez. (O'Donnell, Michael) |
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| 24 | 24
respm
Affidavit/Declaration in Opposition to Motion
Fri 10/13 5:16 PM
AFFIDAVIT/DECLARATION in Opposition re21 MOTION for Disclosure Motion to Preclude Dr. Payne's Rebuttal Report of Howard Engle, Esq. filed by Zbigniew Papiez. (O'Donnell, Michael) |
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Att: 1
Exhibit A (part 1) - Plaintiff's Notice of Medical Exchange 10-16-14,
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Att: 2
Exhibit A (part 2) - Plaintiff's Notice of Medical Exchange 10-16-14,
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Att: 3
Exhibit B - Affidavit of Piotr Zaborowski 10-13-17,
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Att: 4
Exhibit C - Affidavit of Plaintiff 10-10-17,
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Att: 5
Exhibit D - Plaintiff's 02-23-17 D&I Response,
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Att: 6
Exhibit E - Counsel Email Communications,
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Att: 7
Exhibit F - Plaintiff's Notice to Produce 09-10-15,
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Att: 8
Exhibit G - Letter of Defense Counsel 04-26-17,
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Att: 9
Exhibit H - Select Pages Sanchez Deposition 07-25-16
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| 23 | 23
notice
Notice of Appearance
Fri 10/13 1:13 PM
NOTICE of Appearance by Michael K. O'Donnell on behalf of Zbigniew Papiez (aty to be noticed) (O'Donnell, Michael) |
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| Wednesday, October 04, 2017 | ||
| 22 | 22
motion
Disclosure
Wed 10/04 4:02 PM
MOTION for Disclosure Letter to Court re Objection to Plaintiff's Untimely Designation of Expert by Home Depot Inc.. (Pollack, David) |
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| Friday, September 15, 2017 | ||
| 21 | 21
motion
Disclosure
Fri 09/15 4:40 PM
MOTION for Disclosure Motion to Preclude Dr. Payne's Rebuttal Report by Home Depot Inc.. (Pollack, David) |
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Att: 1
Affidavit in Support Affirmation in Support of Motion to Preclude Dr. Payne's Rebuttal Report,
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Att: 2
Exhibit A - Verified Complaint,
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Att: 3
Exhibit B - Verified Answer,
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Att: 4
Exhibit C - Verified Bill of Particulars,
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Att: 5
Exhibit D - 11-6-13 Medical Record from NY Ortho Sport Medicine & Trauma, P.C.,
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Att: 6
Exhibit E - 9-17-07 Medical Record from University Orthopedics of New York, PLLC,
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Att: 7
Exhibit F - Combined Demand for Discovery and Inspection and Pre-Trial Disclosure,
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Att: 8
Exhibit G - 1-4-17 Email requesting MRI,
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Att: 9
Exhibit H - 1-5-17 Email to plaintiff's counsel requesting authorization to obtain MRI film,
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Att: 10
Exhibit I - Demand for Authorizations and Non-Privleged Legal Files for Prior Litigation,
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Att: 11
Exhibit J - Plaintiff's Notice of Expert Witness Exchange of David R. Payne, MD - Radiologist,
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Att: 12
Exhibit K - Defendant's Rule 26 Exchange of Expert Witness Information of Paul Kuflik, MD,
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Att: 13
Exhibit L - Defendant's Rule 26 Exchange of Witness Information of Amish Doshi, MD,
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Att: 14
Exhibit M - 3-28-17 Addendum to Dr. Kuflik's Report dated 1-25-17,
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Att: 15
Exhibit N - 4-5-17 Medical Reportof Amish H. Doshi, MD,
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Att: 16
Exhibit O - 6-15-17 Email from Plaintiff's counsel attached Dr. Payne's Rebuttal Report,
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Att: 17
Affidavit Affidavit of Service of Motion to Preclude,
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Att: 18
Memorandum in Support Memorandum of Law in Support of Defendant's Motion to Preclude,
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Att: 19
Affidavit Affidavit of Service of Memorandum of Law
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| Wednesday, September 13, 2017 | ||
| 20 | 20
motion
Leave to File Document
Wed 09/13 10:35 AM
Letter MOTION for Leave to File Motion by Home Depot Inc.. (Pollack, David) |
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order
Order on Motion for Leave to File
Wed 09/13 4:20 PM
ORDER granting20 Motion for Leave to File. the motion shall be filed by 9/15; opposition by 10/13; reply by 10/27. The argument scheduled for 10/13/17 is adjourned to 11/28/17 at 3:00 in Courtroom 11B. Ordered by Magistrate Judge Robert M. Levy on 9/13/2017. (Levy, Robert) |
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| Wednesday, July 05, 2017 | ||
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order
Order on Motion for Discovery
Wed 07/05 10:58 AM
ORDER granting19 Motion for Discovery. The telephone conference previously scheduled for 9/27/2017 at 10:00 a.m. is adjourned. Oral argument scheduled for 10/13/2017 at 10:30 a.m. Ordered by Magistrate Judge Robert M. Levy on 7/5/2017. (Goldman, Jared) |
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| Friday, June 30, 2017 | ||
| 19 | 19
motion
Discovery
Fri 06/30 1:36 PM
Letter MOTION for Discovery Letter to Magistrate Judge Levy for a Proposed Motion Schedule by Home Depot Inc.. (Pollack, David) |
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| Friday, June 16, 2017 | ||
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minutes
Settlement Conference
Fri 06/16 3:32 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Settlement discussions deferred at request of counsel, as defendant was in connection with able to obtain old MRI films, which the parties wish to analyze claim of pre-existing condition. On or before 6/30/16, counsel will submit a proposed schedule for motion practice relating to the MRIs and discovery. Settlement Conference held on 6/16/2017 (Levy, Robert) |
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order
Scheduling Order
Fri 06/16 5:00 PM
SCHEDULING ORDER: Telephone Conference set for 9/27/2017 at 10:00 AM before Magistrate Judge Robert M. Levy at (718) 613-2340. Ordered by Magistrate Judge Robert M. Levy on 6/16/2017. (Marino, Janine) |
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| Friday, April 28, 2017 | ||
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order
~Util - Set Deadlines/Hearings
Fri 04/28 4:05 PM
ORDER: Settlement Conference set for 6/16/2017 at 2:00 PM in Courtroom 11B South before Magistrate Judge Robert M. Levy. Ordered by Magistrate Judge Robert M. Levy on 4/28/2017. (Goldman, Jared) |
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| Thursday, April 27, 2017 | ||
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order
Order on Motion to Adjourn Conference
Thu 04/27 10:51 AM
ORDER granting18 Motion to Adjourn Conference. Ordered by Magistrate Judge Robert M. Levy on 4/27/2017. (Marino, Janine) |
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| Wednesday, April 26, 2017 | ||
| 18 | 18
motion
Adjourn Conference
Wed 04/26 3:58 PM
MOTION to Adjourn Conference by Zbigniew Papiez. (Engle, Howard) |
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| Friday, March 24, 2017 | ||
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order
Order on Motion to Adjourn Conference
Fri 03/24 11:24 AM
ORDER granting16 Motion to Adjourn 3/24/17 Settlement Conference to 4/27/17 at 3:00, as counsel is on trial. Ordered by Magistrate Judge Robert M. Levy on 3/24/2017. (Levy, Robert) |
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| Thursday, March 23, 2017 | ||
| 17 | 17
notice
Notice of Appearance
Thu 03/23 4:03 PM
NOTICE of Appearance by Meagan M. Kelly on behalf of Home Depot Inc. (aty to be noticed) (Kelly, Meagan) |
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| Wednesday, March 22, 2017 | ||
| 16 | 16
motion
Adjourn Conference
Wed 03/22 4:41 PM
MOTION to Adjourn Conference by Zbigniew Papiez. (Engle, Howard) |
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| Wednesday, February 22, 2017 | ||
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minutes
Settlement Conference
Wed 02/22 10:29 AM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Howard Engle, David Pollack. Discovery issues resolved as explained at this conference, including deposition of assistant supervisor of bldg materials; plaintiff's liability expert report to be served 30 days after the deposition. Settlement issues discussed. An in-person settlement conference will be held on 3/24/17 at 10:30. Settlement Conference held on 2/22/2017 (Levy, Robert) |
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| Monday, October 31, 2016 | ||
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minutes
Status Conference
Mon 10/31 2:10 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Howard Engle, David Pollack. The parties have completed one private mediation session and will conduct a second in January after gathering certain information, conducting an IME, and taking depositions, as discussed at this conference. Accordingly, the deadline for the completion of discovery is extended to 2/17/17. Next conference 2/22/17 at 10:00 (tel)(final pretrial, if case hasn't settled).Status Conference held on 10/31/2016 (Levy, Robert) |
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| Wednesday, June 08, 2016 | ||
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minutes
Status Conference
Wed 06/08 11:23 AM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Howard Engle, plaintiff; David Pollack, incoming counsel for defendant; Al D'Agostino, outgoing counsel for defendant. (1) Defendant is attempting to find the last known address of the former assistant store manager, who investigated the accident and would likely be able to be a fact and policy witness. Counsel will cooperate in obtaining his deposition. (2) The confidentiality agreement has been signed. Requested documents will then be produced, unless there is an unexpected objection. (3) Counsel have agreed to private mediation. Fact discovery deadline extended to 10/31/16. Next conference 10/31/16 at 2:00 (tel)status). Status Conference held on 6/8/2016 (Levy, Robert) |
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| Monday, April 18, 2016 | ||
| 15 | 15
notice
Notice of Appearance
Mon 04/18 4:51 PM
NOTICE of Appearance by Meaghan Ann Dolce on behalf of Home Depot Inc. (aty to be noticed) (Dolce, Meaghan) |
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| 14 | 14
notice
Notice of Appearance
Mon 04/18 4:47 PM
NOTICE of Appearance by Michael Nathan Giacopelli on behalf of Home Depot Inc. (aty to be noticed) (Giacopelli, Michael) |
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| 13 | 13
notice
Notice of Appearance
Mon 04/18 4:41 PM
NOTICE of Appearance by David M. Pollack on behalf of Home Depot Inc. (aty to be noticed) (Pollack, David) |
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| Thursday, March 31, 2016 | ||
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minutes
Discovery Hearing
Thu 03/31 3:02 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: (1) Counsel will draft a confidentiality order to protect business and proprietary information. (2) Plaintiff seeks nationwide discovery for notice and pubnitive damages purposes. Home Depot shall provide discovery for 10 stores at this time. Those 10 stores shall be located first in Queens, then Nassau, Brooklyn, and Suffolk counties, in that order, as explained at this conference. If there is a pattern of accidents, plaintiff may request that the search be broadened. (3) Next conference 6/8/15 at 11:00 (tel)(status). Discovery Hearing held on 3/31/2016 (Levy, Robert) |
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| Friday, September 25, 2015 | ||
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minutes
Initial Conference Hearing
Fri 09/25 4:20 PM
Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Howard R. Engle, Thomas W. Comer. Scheduling order adopted. Fact discovery deadline 4/30/16; expert discovery deadline 12/31/16. Numerous experts anticipated, as well as possible additional medical treatment for plaintiff. Next conference 3/30/16 at 11:00 (settlement/status)Initial Conference Hearing held on 9/25/2015 (Levy, Robert) |
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| Tuesday, July 21, 2015 | ||
| 12 | 12
order
Scheduling Order
Tue 07/21 11:44 AM
SCHEDULING ORDER: Initial Conference set for 9/25/2015 at 3:30 PM in Courtroom 11B South before Magistrate Judge Robert M. Levy. Ordered by Magistrate Judge Robert M. Levy on 7/21/2015. (Marino, Janine) |
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| Tuesday, June 16, 2015 | ||
| 11 | 11
service
Affidavit of Service
Tue 06/16 9:50 AM
AFFIDAVIT of Service for Notice of Removal served on Plaintiff's Attorney Edelman & Edelman P.C. & Clerk Of Court Supreme Queens on June 4, 2015, filed by Home Depot Inc.. (D'Agostino, Alfred) |
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| Thursday, June 11, 2015 | ||
| 10 | 10
misc
Jury Demand
Thu 06/11 4:31 PM
DEMAND for Trial by Jury by Zbigniew Papiez (Maloney, Paul) |
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| Thursday, June 04, 2015 | ||
| 9 | 9
notice
Notice of Appearance
Thu 06/04 3:07 PM
NOTICE of Appearance by Paul H. Maloney on behalf of Zbigniew Papiez (aty to be noticed) (Maloney, Paul) |
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| Wednesday, June 03, 2015 | ||
| 8 | 8
notice
Notice of Change of Address/Firm/Email
Wed 06/03 11:58 AM
NOTICE of Change of Address by Alfred A. D'Agostino, Jr (D'Agostino, Alfred) |
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| Tuesday, June 02, 2015 | ||
| 7 | 7
misc
Jury Demand
Tue 06/02 2:16 PM
DEMAND for Trial by Jury by Zbigniew Papiez (Engle, Howard) |
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| 6 | 6
notice
Notice of Appearance
Tue 06/02 2:12 PM
NOTICE of Appearance by Howard R. Engle on behalf of Zbigniew Papiez (aty to be noticed) (Engle, Howard) |
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| Thursday, May 21, 2015 | ||
| 5 | 5
notice
Notice of Appearance
Thu 05/21 11:33 AM
NOTICE of Appearance by Alfred A. D'Agostino, Jr on behalf of Home Depot Inc. (aty to be noticed) (D'Agostino, Alfred) |
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| Monday, May 18, 2015 | ||
| 4 | 4
misc
Corporate Disclosure Statement
Mon 05/18 1:07 PM
Corporate Disclosure Statement by Home Depot Inc. identifying Corporate Parent Homer TLC, Inc., Corporate Parent Home Depot USA, Inc., Corporate Parent HD Development of Maryland, Inc., Corporate Parent Home Depot Incentives, Inc., Corporate Parent Homerlease Co., Inc.;, Corporate Parent Your Other Warehouse, LLC, Corporate Parent Home Depot Realty Nova Scotia LP, Corporate Parent Home Depot NRO Holdings Inc., Corporate Parent The Home Depot Special Service, Inc., Corporate Parent Home Depot U.S.A., Inc., Corporate Parent HD USA Mexico Holdings Company, Inc., Corporate Parent H.D.V.I Holdings Company, Inc, Corporate Parent Home Depot PR Holdings Inc, Corporate Parent Home Depot Realty U.L.C.;, Corporate Parent HABITAT STORE, INC, Corporate Parent Brown Jet Center, Inc., Corporate Parent Home Depot (U.K.) Ltd., Corporate Parent THD Bermuda, Inc., Corporate Parent Home Depot of Canada, Inc., Corporate Parent HD Canada Realty LP, Corporate Parent Home Depot Nova Scotia Investments (S) U.L.C., Corporate Parent 3589196 Canada Limited, Corporate Parent 3807908 Canada Limited, Corporate Parent 3807196 Canada Limited, Corporate Parent Home Depot de Mexico, S.A. de C.V., Corporate Parent HD Development Holdings, Inc., Corporate Parent HD Development Properties, Inc., Corporate Parent home depot internaional, inc, Corporate Parent Home Depot Puerto Rico, Inc, Corporate Parent Home Depot Scotia Investment (B1) U.L.C, Corporate Parent Home Depot Scotia investment (B2) U.L.C. for Home Depot Inc.. (Lang, Robert) |
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| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Mon 05/18 12:25 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
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| 2 | 2
misc
Clerks Notice of Rule 73
Mon 05/18 12:25 PM
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. (Bowens, Priscilla) |
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| 1 | 1
notice
Notice of Removal
Mon 05/18 11:59 AM
NOTICE OF REMOVAL by Home Depot Inc. from Supreme Queens, case number 10073/2014. ( Filing fee $ 400 receipt number 0207-7748750) (Lang, Robert) (Bowens, Priscilla) |
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Att: 1
Exhibit State Court Summons & Complaint,
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Att: 2
Exhibit State Court Verified Answer,
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Att: 3
Exhibit Responses to Discovery Demands
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Att: 4
(5/18/2015) Civil Cover Sheet
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utility
Case Assigned/Reassigned
Mon 05/18 12:24 PM
Case assigned to Judge Edward R. Korman and Magistrate Judge Robert M. Levy. (Bowens, Priscilla) |
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