Gilmore v. Family Dollar

New York Western District Court
Judge:	Frank P Geraci, Jr
Case #:	6:24-cv-06045
Nature of Suit	360 Torts - Personal Injury - Other Personal Injury
Cause	28:1332 Diversity-Petition for Removal

Case Filed:	Jan 22, 2024
Case in other court:	Supreme Court, Monroe County, 23-04224

Docket
Parties (3)

Last checked: Saturday Jul 20, 2024 5:40 AM EDT

Defendant Family Dollar	Represented By Bradley J. Levien Murphy Sanchez PLLC contact info
Mediator Gary Muldoon
Plaintiff Antonio Gilmore 7 Lakeview Terrace Rochester, NY 14613

Docket last updated: 4 hours ago

Friday, February 14, 2025
14		14 order Text Order Fri 02/14 4:02 PM TEXT ORDER: On November 8, 2024, the Court gave the parties until November 22, 2024 to file a stipulation of dismissal or other appropriate document. That deadline has passed and the parties have not filed anything or otherwise communicated with the Court. Accordingly, the Clerk of Court will dismiss this case as settled, without costs, and on the merits. See Loc. R. Civ. P. 41(a). SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/14/2025. (EMC) Related: [-]
Friday, November 08, 2024
13		13 order Text Order Fri 11/08 1:45 PM TEXT ORDER: Pursuant to the12 Mediation Certification filed on July 11, 2024, the Court understands that this matter has settled. In accordance with Local Rule of Civil Procedure 41(a), the parties have until November 22, 2024 to file a stipulation of dismissal or other appropriate document. If such document is not timely filed, the Court will enter an order dismissing the case as settled, without costs, and on the merits. See Loc. R. Civ. P. 41(a). SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 11/8/2024. (EMC) Related: [-]
Thursday, July 11, 2024
12		12 adr Mediation Certification Thu 07/11 3:48 PM Mediation Certification by Gary Muldoon. Case has settled prior to the first mediation session (Muldoon, Gary) Related: [-]
Tuesday, June 25, 2024
11		11 6 pgs order Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Miscellaneous Relief Tue 06/25 12:17 PM DECISION AND ORDER: The Court GRANTS Defendant's motion to dismiss, ECF No. 5, and DENIES as moot Defendant's motion for a conference, ECF No. 7. Plaintiff's complaint, ECF No. 1-2, is dismissed without prejudice to filing an amended complaint. If Plaintiff wishes to file an amended complaint, he must do so no later than July 25, 2024. The Court advises Plaintiff that an amended complaint is intended to completely replace the original complaint. An amended complaint must therefore include all of Plaintiff's allegations against Defendant, "so that the amended complaint may stand alone as the sole complaint in this action." Fowler v. Hannibal Cent. Sch. , No. 23-CV-6509, 2023 WL 6259164, at *4 (W.D.N.Y. Sept. 26, 2023). Defendant shall answer, move, or otherwise respond to the amended complaint, if any, no later than August 15, 2024. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/25/2024. (RWW) Related: [-]
Thursday, June 13, 2024
10		10 order Designation of Mediator Thu 06/13 3:59 PM TEXT ORDER: The parties having requested that the Court appoint a mediator, ECF No. 9, Gary Muldoon, Esq., is designated as mediator for this matter. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/13/2024. (RWW) Related: [-]
Wednesday, May 22, 2024
9		9 misc Status Report Wed 05/22 4:43 PM STATUS REPORT requesting appointment of Mediator by Family Dollar. (Levien, Bradley) Related: [-]
Friday, March 22, 2024
8		8 order Text Order Fri 03/22 11:19 AM TEXT ORDER re:7 Motion to Schedule a Conference: The Court has reviewed Defendant's letter dated March 18, 2024 requesting that the Court schedule a conference in this case. The Court requests that Defendant clarify whether it seeks a conference before the undersigned or instead seeks a space within the courthouse in which the parties can hold Plaintiff's requested in-person meeting outside of the presence of the Court. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 3/22/2024. (RWW) Related: [-]
Monday, March 18, 2024
7		7 motion Miscellaneous Relief Mon 03/18 9:27 AM MOTION Schedule Conference by Family Dollar.(Levien, Bradley) Related: [-]
Monday, February 05, 2024
6		6 order Scheduling Order Mon 02/05 12:01 PM SCHEDULING ORDER: Plaintiff must submit any materials in opposition to Defendant's5 Motion to Dismiss by February 29, 2024 . Defendant may file reply papers within 14 days after Plaintiff files responding papers. If Plaintiff does not respond, the Court will decide the motion based on the Complaint and the Motion to Dismiss. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 2/5/2024. (RWW) Related: [-]
Monday, January 29, 2024
5		5 motion Dismiss for Failure to State a Claim Mon 01/29 9:14 PM MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Family Dollar.(Levien, Bradley) Related: [-]
		Att: 1 Memorandum in Support,
		Att: 2 Exhibit A- Summons & Complaint,
		Att: 3 Certificate of Service
4		4 misc Corporate Disclosure Statement Mon 01/29 4:48 PM Corporate Disclosure Statement by Family Dollar identifying Corporate Parent Dollar Tree, Inc. for Family Dollar.. (Levien, Bradley) Related: [-]
3		3 service Certificate of Service Mon 01/29 4:41 PM CERTIFICATE OF SERVICE by Family Dollar re1 Notice of Removal, served on pro se plaintiff (Levien, Bradley) Related: [-]
		utility Remark Mon 01/29 3:45 PM ATTENTION ALL PARTIES OR INTERVENORS: Pursuant to Fed. R. Civ. P. 7.1 and/or General Order No. 157 In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed with first appearance, pleading, petition, motion, response, or other request addressed to the court. (KM) Related: [-]
Tuesday, January 23, 2024
2		2 misc Continuation of Exhibits Tue 01/23 12:59 PM CONTINUATION OF EXHIBITS to1 Notice of Removal, E-Filing Notification --Index identifying State Court Documents . (Levien, Bradley) Related: [-]
		utility E-Filing Notification Tue 01/23 12:12 PM E-Filing Notification: re1 NOTICE OF REMOVAL - Action Required: Attorney is directed to file an index identifying State Court documents pursuant to local rule 81(A). (TMK) Related: [-]
		utility Case Assigned/Reassigned Tue 01/23 2:46 PM Case Assigned to Hon. Frank P. Geraci, Jr. Notification to Chambers of on-line civil case opening. (TMK) Related: [-]
		adr Automatic Referral to Mediation Tue 01/23 2:47 PM AUTOMATIC REFERRAL to Mediation: the ADR Plan is available for download at[LINK:http://www.nywd.uscourts.gov/alternative-dispute-resolution] .(TMK) Related: [-]
		notice Notice of Availability of Magistrate Judge Tue 01/23 2:47 PM Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at[LINK:http://www.uscourts.gov/services-forms/forms] . (TMK) Related: [-]
Monday, January 22, 2024
1		1 notice Notice of Removal Mon 01/22 3:24 PM NOTICE OF REMOVAL by Family Dollar from Supreme Court of the State of New York, County of Monroe, case number 2023-4224. (Filing fee $ 405 receipt number ANYWDC-5086703), filed by Family Dollar.(Levien, Bradley) Related: [-]
		Att: 1 Civil Cover Sheet,
		Att: 2 Exhibit A- Summons & Complaint

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