Sosa v. Home Depot U.S.A. Inc. (1:16-cv-00546), New York Southern District Court

New York Southern District Court
Judge:Paul A Engelmayer
Case #: 1:16-cv-00546
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause28:1446pi Petition for Removal- Personal Injury
Case Filed:Jan 25, 2016
Terminated:Jul 21, 2016
Last checked: Saturday Jul 23, 2016 5:29 AM EDT
Defendant
Home Depot U.S.A, Inc.
Represented By
David M. Pollack
Lewis Brisbois Bisgaard & Smith Llp (water St)
contact info
Michael Nathan Giacopelli
Lewis Brisbois Bisgaard & Smith LLP
contact info
Meaghan Ann Dolce
Lewis Johs Avallone Aviles, L.L.P.(nyc)
contact info
Plaintiff
Jogeily Y. Sosa
Michael A. Barnett, P.C. 1825 Park Avenue - 9th Fl.
New York, NY 10035
Represented By
Michael A. Barnett
Greenstein & Milbauer, P.C.
contact info


Docket last updated: 10 hours ago
Thursday, July 21, 2016
27 27 order Order of Discontinuance Thu 07/21 6:08 PM
ORDER OF DISCONTINUANCE: The Court having been advised by the parties that all claims asserted herein have been settled in principle, Dkt. 26, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 26 and close this case. (Signed by Judge Paul A. Engelmayer on 7/21/2016) (kgo)
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Tuesday, July 19, 2016
26 26 motion Extension of Time Tue 07/19 2:32 PM
LETTER MOTION for Extension of Time to Exchange Settlement Documents and Check addressed to Magistrate Judge James C. Francis IV from Michael N. Giacopelli, Esq. dated July 19, 2016. Document filed by Home Depot U.S.A, Inc..(Giacopelli, Michael)
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Monday, July 11, 2016
25 25 order Order on Motion for Conference Mon 07/11 3:28 PM
ORDER granting24 Letter Motion for Conference. The settlement conference scheduled for July 12, 2016 is adjourned. Counsel shall contact chambers to establish a new date. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
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24 24 motion Conference Mon 07/11 12:18 PM
LETTER MOTION for Conference Letter to Judge Francis requesting an adjournment of the Settlement Conference scheduled for July 12, 2016 addressed to Magistrate Judge James C. Francis IV from Michael N. Giacopelli dated July 11, 2016. Document filed by Home Depot U.S.A, Inc..(Giacopelli, Michael)
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Monday, May 16, 2016
23 23 order Order on Motion for Conference Mon 05/16 9:06 AM
ORDER granting22 Letter Motion for Conference. A settlement conference shall be held on July 12, 2016 at 2:00 p.m. in courtroom 18-D at 500 Pearl Street, New York, NY. In addition to counsel, the plaintiff and a representative of the defendant with full settlement authority shall attend. By July 8, 2016, counsel shall submit confidential premediation memoranda to the court. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
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Friday, May 13, 2016
22 22 motion Conference Fri 05/13 11:42 AM
LETTER MOTION for Conference (Settlement) addressed to Magistrate Judge James C. Francis IV from Michael N. Giacopelli, Esq. dated May 13, 2016. Document filed by Home Depot U.S.A, Inc..(Giacopelli, Michael)
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Monday, May 02, 2016
21 21 order Order on Motion for Extension of Time Mon 05/02 12:07 PM
ORDER granting19 Letter Motion for Extension of Time. The parties' time to submit a letter indicating their availability for a settlement conference is extended to May 13, 2016. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
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Friday, April 29, 2016
20 20 order Order on Motion for Extension of Time to Amend Mon 05/02 10:06 AM
ORDER granting18 Letter Motion for Extension of Time to Amend. GRANTED. SO ORDERED. Amended Pleadings due by 5/31/2016. (Signed by Judge Paul A. Engelmayer on 4/29/2016) (kl)
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19 19 motion Extension of Time Fri 04/29 3:23 PM
JOINT LETTER MOTION for Extension of Time to Provide a Letter to Court regarding Scheduling Settlement Conference addressed to Magistrate Judge James C. Francis IV from Michael N. Giacopelli, Esq. dated April 29, 2016. Document filed by Home Depot U.S.A, Inc..(Giacopelli, Michael)
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18 18 motion Extension of Time to Amend Fri 04/29 3:18 PM
LETTER MOTION for Extension of Time to Amend the Pleadings/Commence a Third Party Action addressed to Judge Paul A. Engelmayer from Michael N. Giacopelli, Esq. dated April 29, 2016. Document filed by Home Depot U.S.A, Inc..(Giacopelli, Michael)
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Friday, April 15, 2016
minutes Telephone Conference Fri 04/15 1:57 PM
Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 4/15/2016. (Bacchus, Michael)
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Friday, April 01, 2016
17 17 order Order Referring Case to Magistrate Judge Fri 04/01 6:17 PM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James C. Francis. Plaintiff's counsel will contact the Magistrate Judge to schedule a settlement conference when both parties are ready. (Signed by Judge Paul A. Engelmayer on 4/1/2016) (kl)
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16 16 order Case Management Plan Fri 04/01 5:57 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Deposition due by 7/29/2016. Fact Discovery due by 8/1/2016. Expert Discovery due by 9/15/2016. Counsel for the parties have conferred and their present best estimate of the length of trial is four days. Case Management Conference set for 9/16/2016 at 11:30 AM before Judge Paul A. Engelmayer. (As further set forth in this Order) (Signed by Judge Paul A. Engelmayer on 4/1/2016) (kl)
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minutes Pretrial Conference - Initial Fri 04/01 3:04 PM
Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 4/1/2016. Michael Barnett present for Plaintiff. Meaghan Dolce present for Defendant. (ajs)
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Monday, March 28, 2016
15 15 misc Letter Mon 03/28 3:53 PM
LETTER addressed to Judge Paul A. Engelmayer from Meaghan Dolce dated March 28, 2016 re: Joint Letter to Court prepared by all parties with Civil Case Management and Scheduling Order. Document filed by Home Depot U.S.A, Inc..(Dolce, Meaghan)
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Monday, February 22, 2016
14 14 order Order on Motion to Adjourn Conference Mon 02/22 6:44 PM
ORDER granting13 LETTER MOTION to Adjourn Conference (Initial) addressed to Judge Paul A. Engelmayer from Meaghan Dolce dated February 22, 2016. The initial conference previously set for February 25, 2016 is hereby rescheduled for April 1, 2016 at 2 p.m. SO ORDERED. (Initial Conference set for 4/1/2016 at 02:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/22/2016) (adc)
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13 13 motion Adjourn Conference Mon 02/22 9:11 AM
LETTER MOTION to Adjourn Conference (Initial) addressed to Judge Paul A. Engelmayer from Meaghan Dolce dated February 22, 2016. Document filed by Home Depot U.S.A, Inc..(Dolce, Meaghan)
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Friday, January 29, 2016
12 12 notice Notice of Appearance Fri 01/29 4:23 PM
NOTICE OF APPEARANCE by Meaghan Ann Dolce on behalf of Home Depot U.S.A, Inc.. (Dolce, Meaghan)
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Wednesday, January 27, 2016
11 11 notice Notice of Appearance Wed 01/27 12:11 PM
NOTICE OF APPEARANCE by Michael A. Barnett on behalf of Jogeily Y. Sosa. (Barnett, Michael)
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10 10 notice Notice of Appearance Wed 01/27 12:04 PM
NOTICE OF APPEARANCE by Michael A. Barnett on behalf of Jogeily Y. Sosa. (Barnett, Michael)
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Tuesday, January 26, 2016
9 9 notice Notice of Appearance Tue 01/26 2:07 PM
NOTICE OF APPEARANCE by David M. Pollack on behalf of Home Depot U.S.A, Inc.. (Pollack, David)
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8 8 notice Notice of Appearance Tue 01/26 2:03 PM
NOTICE OF APPEARANCE by Michael Nathan Giacopelli on behalf of Home Depot U.S.A, Inc.. (Giacopelli, Michael)
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7 7 order Order for Initial Pretrial Conference Tue 01/26 1:25 PM
NOTICE OF INITIAL PRETRIAL CONFERENCE. An initial pretrial conference is hereby scheduled for February 25, 2016 AT 10:30 a.m., in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. (As further set forth in this Order.) (Initial Conference set for 2/25/2016 at 10:30 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 1/26/2016) (adc)
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Monday, January 25, 2016
6 6 transfer Case Transferred In - District Transfer Mon 01/25 6:18 PM
CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:15-cv-06911. Original file certified copy of transfer order and docket entries received. (sjo)
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utility Case Designation Mon 01/25 6:32 PM
Magistrate Judge James C. Francis IV is so designated. (sjo)
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utility Case Designated ECF Mon 01/25 6:32 PM
Case Designated ECF. (sjo)
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misc Note to Out of State Attorneys Mon 01/25 6:33 PM
NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
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Friday, January 15, 2016
Case transferred to Southern District of New York via cm/ecf ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Priftakis, Tina) [Transferred from New York Eastern on 1/25/2016.]
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Thursday, January 07, 2016
ORDER granting5 Motion to Change Venue. This action was originally filed in New York State Supreme Court, Bronx County, and, due to the improper filing of a Petition for Removal, was removed to the United States District Court for the Eastern District of New York. On consent of the parties, the Court grants the joint-motion to transfer venue because venue is not proper in this District. The Court therefore transfers this action to the United States District Court for the Southern District of New York, where venue is proper pursuant to 28 U.S.C. � 1441(a). Ordered by Judge Margo K. Brodie on 1/7/2016. (Rolle, Drew) [Transferred from New York Eastern on 1/25/2016.]
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Friday, December 18, 2015
5 5 Letter MOTION SEEKING TO TRANSFER CASE TO SOUTHERN DISTRICT by Home Depot U.S.A. Inc. (Dolce, Meaghan) Modified on 1/6/2016 (Francis-McLeish, Ogoro). [Transferred from New York Eastern on 1/25/2016.]
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Monday, December 14, 2015
4 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Main Document 4 replaced on 12/14/2015) (Bowens, Priscilla). [Transferred from New York Eastern on 1/25/2016.]
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3 3 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) [Transferred from New York Eastern on 1/25/2016.]
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Friday, December 11, 2015
NOTICE: An Incorrect Civil Cover Sheet was filed (SDNY) - the Clerk's Office cannot assign this case without a corrected Civil Cover Sheet. Counsel is directed to submit the EDNY Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet (Davis, Kimberly) [Transferred from New York Eastern on 1/25/2016.]
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Case assigned to Judge Margo K. Brodie and Magistrate Judge Marilyn D. Go. 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. (Bowens, Priscilla) [Transferred from New York Eastern on 1/25/2016.]
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Friday, December 04, 2015
2 2 Corporate Disclosure Statement by Home Depot U.S.A. Inc. identifying Corporate Parent The Home Depot Inc. for Home Depot U.S.A. Inc.. (Giacopelli, Michael) [Transferred from New York Eastern on 1/25/2016.]
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1 1 NOTICE OF REMOVAL by Home Depot U.S.A. Inc. from Bronx County Supreme Court, case number 22843/2015E. ( Filing fee $ 400 receipt number 0207-8217282) (Giacopelli, Michael) (Attachment 1 replaced on 12/14/2015) (Bowens, Priscilla). [Transferred from New York Eastern on 1/25/2016.]
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Att: 1 Civil Cover Sheet,
Att: 2 Certificate of Service,
Att: 3 Exhibit Summons & Complaint,
Att: 4 Exhibit Answer,
Att: 5 Exhibit Stipulation to Amend Caption,
Att: 6 Exhibit Demand for a Supplemental Statement of Damages,
Att: 7 Exhibit Plaintiff's counsel letter, dated 12-4-15