Gencarelli v. The Coca-Cola Company et al
| New York Northern District Court | |
| Judge: | Thomas J Mcavoy |
| Referred: | Christian F Hummel |
| Case #: | 1:20-cv-00085 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Jan 23, 2020 |
| Terminated: | Aug 02, 2021 |
| Last checked: Tuesday Jul 21, 2020 5:01 AM EDT |
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Defendant
The Coca-Cola Company
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Plaintiff
James Gencarelli
510 Broadway (3G)
Saratoga Springs, NY 12966 |
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| TERMINATED PARTIES | |
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Defendant
Liberty Coca-Cola Beverages
Terminated: 06/01/2020
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GPO
Apr 13 2020
REPORT-RECOMMENDATION & ORDER re 2 MOTION for Leave to Proceed in forma pauperis filed by James Gencarelli, 3 Pro Se MOTION to Obtain ECF Login and Password filed by James Gencarelli. ORDERED, that plaintiffs In Forma Pauperis application, dkt. no. 2, is GRANTED for the purpose of filing; and it is ORDERED, that plaintiffs motion to obtain a pro se ECF account and password, dkt. no. 3, is DENIED without prejudice; and it is RECOMMENDED, that plaintiffs vicarious liability and negligence per se claims be DISMISSED without prejudice. IT IS SO ORDERED. Objections to R&R due by 4/30/2020 Case Review Deadline 5/4/2020. Signed by Magistrate Judge Christian F. Hummel on 4/13/2020. (Attachments: # (1) Exhibit - Order from U.S. District Court of New Jersey)(Copy served via regular mail)(khr) |
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GPO
May 20 2020
DECISION & ORDER adopting Report and Recommendations re 7 Report and Recommendations. The Report-Recommendation of Magistrate Judge Hummel, dkt. # 7, is hereby ACCEPTED and ADOPTED. Plaintiffs claims for vicarious liability and negligence per se are dismissed without prejudice to re-filing. Plaintiffs Second Amended Complaint, dkt. # 8, is hereby REFERRED to Magistrate Judge Hummel for appropriate action.IT IS SO ORDERED. Signed by Senior Judge Thomas J. McAvoy on May 20, 2020. (Copy served via regular and certified mail)(khr) |
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GPO
Jun 01 2020
DECISION & ORDER: ORDERED, that plaintiffs Second Amended Complaint (dkt. no. 8) is accepted for filing as the operative pleading; and it is further ORDERED, that the Clerk of the Court send plaintiff a blank summons for defendant The Coca-Cola Company; and it is further ORDERED, that, within twenty-one (21) days, plaintiff is to return to the Clerk of the Court the completed summonses for service upon defendant The Coca-ColaCompany; and it is further ORDERED, that, upon receipt of plaintiffs properly-completed summonses, the Clerk of the Court shall issue the summons, General Order 25, and a copy of the Second Amended Complaint for service upon defendant The Coca-Cola Company by the U.S. Marshals, and it is further ORDERED, that the Clerk of the Court terminate as a defendant Liberty Coca- Cola Beverages as plaintiff has voluntarily withdrawn claims against said defendant; IT IS SO ORDERED. Signed by Magistrate Judge Christian F. Hummel on 6/1/2020. (Copy served via regular and certified)(khr) |
| Docket last updated: 05/03/2024 11:59 PM EDT |
| Wednesday, September 29, 2021 | ||
| 102 | 102
appeal
USCA Mandate
Wed 09/29 1:32 PM
MANDATE of USCA issued on 9/29/2021 as to76 Notice of Appeal filed by James Gencarelli Petitioner-Appellant, pro se, requests leave to appeal an interlocutory order of the district court, opening 21-1062 He also appeals that same interlocutory order, opening 21-1068 Appellee moves to file a late opposition. This Court has determined that it lacks jurisdiction over the appeal because a final order has not been issued by the district court as contemplated by 28 U.S.C. § 1291. See Petrello v. White, 533F.3d 110, 113 (2d Cir. 2008). Upon due consideration, it is hereby ORDERED that the petition for leave to appeal is DENIED and the appeal is DISMISSED. It is further ORDERED that Appellees motion is DENIED as moot. (khr) |
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