Khaimova v. Costco Wholesale Corporation
| New York Eastern District Court | |
| Judge: | Lashann Dearcy Hall |
| Referred: | Joseph A Marutollo |
| Case #: | 1:24-cv-01718 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Mar 07, 2024 |
| Last checked: Tuesday Sep 03, 2024 4:23 AM EDT |
|
Defendant
Costco Wholesale Corporation
Connell Foley LLP 21st floor 875 Third Ave
NY, NY 10022 |
Represented By
|
|
Plaintiff
Lyudmila Khaimova
The Forzano Law Firm 271 Avenue U
Brooklyn, NY 11223 |
Represented By
|
| Docket last updated: 2 hours ago |
| Wednesday, May 14, 2025 | ||
|
order
Order Referring Motion
Wed 05/14 5:48 PM
ORDER: Plaintiff's motion to remand the action to state court23 is respectfully referred to Magistrate Judge Joseph A. Marutollo for a report and recommendation. Ordered by Judge LaShann DeArcy Hall on 5/14/2025. (CG) |
||
| Thursday, March 06, 2025 | ||
| 26 | 26
motion
Adjourn Conference
Thu 03/06 5:16 PM
MOTION to Adjourn Conference Motion to Adjourn Settlement Conference by Costco Wholesale Corporation. (Quatromoni, Samuel) |
|
|
order
Order on Motion to Adjourn Conference
Thu 03/06 8:04 PM
ORDER granting26 Motion to Adjourn Conference - The settlement conference is adjourned sine die. Ordered by Magistrate Judge Joseph A. Marutollo on 3/6/2025. (JAM) |
||
| Tuesday, March 04, 2025 | ||
| 25 | 25
respm
Response in Opposition to Motion
Tue 03/04 3:37 PM
RESPONSE in Opposition re23 First MOTION to Remand to State Court filed by Costco Wholesale Corporation. (Quatromoni, Samuel) |
|
| 24 | 24
motion
Extension of Time to File Document
Tue 03/04 10:51 AM
MOTION for Extension of Time to File Motion to extend the deadline to take the first step in dispositive motion practice by Costco Wholesale Corporation. (Quatromoni, Samuel) |
|
|
order
Order on Motion for Extension of Time to File
Tue 03/04 2:32 PM
ORDER - Granting24 . The final date to take the first step in dispositive motion practice is extended to ten (10) business days following the Court's decision on23 the Motion to Remand. Ordered by Magistrate Judge Joseph A. Marutollo on 3/4/2025. (EG) |
||
|
order
Order(Other)
Tue 03/04 7:25 PM
ORDER - The parties are reminded to submit their ex parte letters to Judge Marutollo's chambers via email (marutollo_chambers@nyed.uscourts.gov) prior to the in-person settlement conference scheduled for March 11, 2025 at 3:30 p.m. in Courtroom 324N. Such letters shall be submitted by March 7, 2025 at 5:00 p.m. and shall comply with the Individual Practices and Rules of this Court. Ordered by Magistrate Judge Joseph A. Marutollo on 3/4/2025. (PCM) |
||
| Monday, March 03, 2025 | ||
| 23 | 23
motion
Remand to State Court
Mon 03/03 6:26 PM
First MOTION to Remand to State Court by Lyudmila Khaimova. (Forzano, Anthony) |
|
|
order
Order on Motion to Remand to State Court
Mon 03/03 10:30 PM
ORDER regarding23 - Defendant shall respond to23 by March 4, 2025. Ordered by Magistrate Judge Joseph A. Marutollo on 3/3/2025. (JAM) |
||
| Wednesday, January 08, 2025 | ||
| 22 | 22
motion
Adjourn Conference
Wed 01/08 9:56 AM
Joint MOTION to Adjourn Conference Joint Motion to Adjourn Settlement Conference by Costco Wholesale Corporation. (Quatromoni, Samuel) |
|
|
order
Order on Motion to Adjourn Conference
Wed 01/08 12:13 PM
ORDER granting22 - The settlement conference is adjourned to March 11, 2025 at 3:30 p.m. in Courtroom 324 North. The Court notes that all discovery deadlines remain the same and there will be no extensions. Ordered by Magistrate Judge Joseph A. Marutollo on 1/8/2025. (EG) |
||
| Tuesday, November 12, 2024 | ||
| 21 | 21
motion
Adjourn Conference
Tue 11/12 4:09 PM
Joint MOTION to Adjourn Conference Parties' Request to Adjourn Settlement Conference by Costco Wholesale Corporation. (Quatromoni, Samuel) |
|
|
order
Order on Motion to Adjourn Conference
Tue 11/12 6:02 PM
ORDER granting21 . The settlement conference is adjourned to January 15, 2025 at 3:00 p.m. in Courtroom 324N. The parties shall email their ex parte letters to Judge Marutollo's chambers by January 10, 2025 at 5:00 p.m. Ordered by Magistrate Judge Joseph A. Marutollo on 11/12/2024. (KAR) |
||
| Friday, October 18, 2024 | ||
| 20 | 20
motion
Extension of Time to Complete Discovery
Fri 10/18 1:12 PM
Joint MOTION for Extension of Time to Complete Discovery Parties' Motion to Extend the Fact Discovery Deadline by Costco Wholesale Corporation. (Quatromoni, Samuel) |
|
|
order
Order on Motion for Extension of Time to Complete Discovery
Fri 10/18 1:45 PM
ORDER granting20 in part. Fact discovery is extended until January 31, 2025. All other deadlines remain the same. There will be no further extensions of any deadlines, including any expert disclosure deadlines. Ordered by Magistrate Judge Joseph A. Marutollo on 10/18/2024. (EG) |
||
| Sunday, October 13, 2024 | ||
|
order
Status Report Order
Sun 10/13 10:54 PM
STATUS REPORT ORDER - A joint status report shall be filed by October 29, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 10/13/2024. (JAM) |
||
| Wednesday, September 11, 2024 | ||
| 19 | 19
motion
Adjourn Conference
Wed 09/11 12:57 PM
MOTION to Adjourn Conference Parties Joint Motion to Adjourn Settlement Conference by Costco Wholesale Corporation. (Quatromoni, Samuel) |
|
|
order
Order on Motion to Adjourn Conference
Wed 09/11 3:07 PM
ORDER granting19 . The settlement conference scheduled for September 17, 2024 is adjourned to November 19, 2024 at 11:00 a.m. in Courtroom 324N. The parties shall email their ex parte letters to Judge Marutollo's chambers by November 12, 2024 at 5:00 p.m. Ordered by Magistrate Judge Joseph A. Marutollo on 9/11/2024. (EG) |
||
| Tuesday, September 03, 2024 | ||
| 18 | 18
motion
Appear by Telephone/Video
Tue 09/03 11:49 AM
MOTION to Appear by Telephone/Video for Settlement Conference on September 17, 2024 by Costco Wholesale Corporation. (Quatromoni, Samuel) |
|
|
order
Order on Motion to Appear by Telephone/Video
Tue 09/03 1:37 PM
ORDER granting18 - A representative from Gallagher Bassett on behalf of defendant Costco - may attend the September 17, 2024, Settlement Conference via telephone. Plaintiff shall appear in person. Ordered by Magistrate Judge Joseph A. Marutollo on 9/3/2024. (EG) |
||
| Friday, August 16, 2024 | ||
| 17 | 17
motion
Extension of Time to Complete Discovery
Fri 08/16 3:42 PM
Second MOTION for Extension of Time to Complete Discovery Made on Consent of All Parties by Costco Wholesale Corporation. (Quatromoni, Samuel) |
|
|
order
Order on Motion for Extension of Time to Complete Discovery
Fri 08/16 11:34 PM
ORDER granting17 , in part. The Court amends the discovery schedule as follows: fact discovery shall be completed by October 24, 2024; Plaintiff's Fed. R. Civ. P. 26(a)(2) disclosures shall be served by November 26, 2024; Defendants' Fed. R. Civ. P. 26(a)(2) disclosures shall be served by December 27, 2024; expert discovery shall be completed by January 31, 2025; and the final date to take the first step in dispositive motion practice is extended until March 4, 2025. The Court will NOT extend the above discovery deadlines any further, under any circumstances. The settlement conference remains scheduled for September 17, 2024. Ordered by Magistrate Judge Joseph A. Marutollo on 8/16/2024. (JAM) |
||
| Tuesday, July 09, 2024 | ||
| 16 | 16
motion
Extension of Time to Complete Discovery Adjourn Conference
Tue 07/09 4:02 PM
First MOTION for Extension of Time to Complete Discovery Parties Joint Request for Extension of Fact Discovery Deadline and to Adjourn Settlement Conference , First MOTION to Adjourn Conference by Costco Wholesale Corporation. (Quatromoni, Samuel) |
|
|
order
Order on Motion for Extension of Time to Complete Discovery Order on Motion to Adjourn Conference
Tue 07/09 5:15 PM
ORDER granting16 . Fact discovery shall close by September 9, 2024. All other discovery deadlines remain the same. The July 31, 2024 settlement conference is adjourned until September 17, 2024 at 2:30 p.m. The settlement conference shall be in person in Courtroom 324 North. The parties shall submit ex parte settlement letters to Judge Marutollo's chambers via email (marutollo_chambers@nyed.uscourts.gov) by September 3, 2024 at 5:00 p.m. The ex parte settlement letters shall comply with Rule III.C of Judge Marutollo's Individual Practices and Rules. The parties are further directed to comply with Rule III.C.3 of Judge Marutollo's Individual Practices and Rules regarding who must appear at the settlement conference. Ordered by Magistrate Judge Joseph A. Marutollo on 7/9/2024. (EG) |
||
| Wednesday, June 12, 2024 | ||
| 15 | 15
misc
Status Report
Wed 06/12 5:26 PM
STATUS REPORT Parties' Joint Status Report by Costco Wholesale Corporation (Quatromoni, Samuel) |
|
|
order
Order(Other)
Wed 06/12 7:11 PM
ORDER - In the parties' June 12, 2024 status report15 , the parties note that "Plaintiff has not yet served Costco with demands since the removal to federal court. Once served, Costco will respond expeditiously." Plaintiff does not explain why she has apparently not sought any discovery in this case, despite the Court holding an initial conference over two months ago. The Court notes that the fact discovery deadline of August 8, 2024 will not be extended absent truly extraordinary circumstances. Failure to serve discovery in a timely fashion will not demonstrate truly extraordinary circumstances. The parties shall file a joint status report by July 11, 2024.Ordered by Magistrate Judge Joseph A. Marutollo on 6/12/2024. (JAM) |
||
| Tuesday, May 21, 2024 | ||
|
order
1 - Terminate Deadlines and Hearings ~Util - Set Hearings
Tue 05/21 2:32 PM
SCHEDULING ORDER: Due to a change in the Court's calendar, the in-person settlement conference scheduled for July 25, 2024 at 2:00 p.m. is hereby RESCHEDULED to July 31, 2024 at 2:00 p.m. in Courtroom 324 North before Magistrate Judge Joseph A. Marutollo. Ordered by Magistrate Judge Joseph A. Marutollo on 5/21/2024. (EG) |
||
| Friday, May 10, 2024 | ||
| 14 | 14
misc
Status Report
Fri 05/10 4:14 PM
STATUS REPORT LETTER by Costco Wholesale Corporation (Quatromoni, Samuel) |
|
|
order
Status Report Order
Fri 05/10 10:27 PM
STATUS REPORT ORDER - The parties shall file a joint status report by June 12, 2024. The Court notes that in the parties' May 10, 2024 status report, the parties state that "Plaintiff has not yet served Costco with demands since the removal to federal court." The Court reminds the parties that no extension of the discovery deadlines will be granted except upon a motion, filed prior to the deadline and consistent with Judge Marutollo's Individual Practices and Rules, showing good cause for the extension. The parties are reminded that "a finding of 'good cause' depends on the diligence of the moving party." Parker v. Columbia Pictures Industries, 204 F.3d 326, 340 (2d Cir. 2000). Failure to timely serve discovery requests will not demonstrate good cause to extend deadlines. Ordered by Magistrate Judge Joseph A. Marutollo on 5/10/2024. (Marutollo, Joseph) |
||
| Friday, May 03, 2024 | ||
| 13 | 13
answer
Answer to Complaint
Fri 05/03 2:14 PM
COSTCO WHOLESALE CORPORATION ANSWER to12 Complaint by Costco Wholesale Corporation. (Quatromoni, Samuel) |
|
| Tuesday, April 23, 2024 | ||
| 12 | 12
11
pgs
cmp
Complaint
Tue 04/23 1:57 PM
COMPLAINT against Costco Wholesale Corporation Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Lyudmila Khaimova. (Forzano, Anthony) |
|
| Tuesday, April 09, 2024 | ||
| 11 | 11
4
pgs
order
Order on Motion for Protective Order
Tue 04/09 10:34 AM
ORDER granting10 Motion for Protective Order Ordered by Magistrate Judge Joseph A. Marutollo on 4/9/2024. (JAM) |
|
| 10 | 10
motion
Protective Order
Tue 04/09 9:47 AM
MOTION for Protective Order Parties' Proposed Confidentiality Order by Costco Wholesale Corporation. (Quatromoni, Samuel) |
|
|
minutes
Initial Conference Hearing ~Util - Set Deadlines/Hearings
Tue 04/09 5:04 PM
Minute Entry for proceedings held before Magistrate Judge Joseph A. Marutollo: An initial conference was held on the record on April 9, 2024. Nadia Rahman appeared for Plaintiff; Ms. Rahman shall file a notice of appearance by April 11, 2024. Defendant's counsel appeared. The parties' proposed Discovery Plan and Scheduling Order was discussed. Following that discussion, the Court sets the deadlines below. The date for completion of automatic disclosures required by Fed. R. Civ. P. 26(a)(1) shall be April 24, 2024. By April 19, 2024, Plaintiff shall file the complaint. By May 3, 2024, Defendant shall answer the complaint. The parties are to submit a joint status report by May 10, 2024 outlining the current status of discovery. No amendment of the pleadings will be permitted after June 10, 2024. No additional parties may be joined after June 17, 2024. Fact discovery shall be completed by August 8, 2024. Plaintiff shall make Fed. R. Civ. P. 26(a)(2) disclosures, if any, by September 9, 2024. Defendant shall make Fed. R. Civ. P. 26(a)(2) disclosures, if any, by October 9, 2024. All discovery, including expert discovery, shall be completed by November 15, 2024. The Court noted that it is not inclined to extend discovery deadlines absent truly extraordinary circumstances. The final date to take the first step in dispositive motion practice, if any, shall be December 6, 2024. An in-person settlement conference is scheduled for July 25, 2024 at 2:00 p.m. before Magistrate Judge Joseph A. Marutollo. The parties shall submit ex parte settlement letters to Judge Marutollo's chambers via email (marutollo_chambers@nyed.uscourts.gov) by July 18, 2024 at 5:00 p.m. The ex parte settlement letters shall comply with Rule III.C of Judge Marutollo's Individual Practices and Rules The parties are further directed to comply with Rule III.C.3 of Judge Marutollo's Individual Practices and Rules regarding who must appear at the settlement conference. (FTR Log #4:28-4:39.) (EG) |
||
| Sunday, April 07, 2024 | ||
|
order
Scheduling Order
Sun 04/07 7:56 PM
SCHEDULING ORDER: Due to a change in the Court's calendar, the April 10, 2024 conference is rescheduled to April 9, 2024 at 4:30 p.m. in Courtroom 324 North before Magistrate Judge Joseph A. Marutollo. Ordered by Magistrate Judge Joseph A. Marutollo on 4/7/2024. (JAM) |
||
| Friday, April 05, 2024 | ||
| 9 | 9
misc
Proposed Scheduling Order
Fri 04/05 12:52 PM
Proposed Scheduling Order and Discovery Plan by Costco Wholesale Corporation (Quatromoni, Samuel) |
|
| Tuesday, March 12, 2024 | ||
| 8 | 8
notice
Notice of Appearance
Tue 03/12 11:34 AM
NOTICE of Appearance by Michael J. Crowley on behalf of Costco Wholesale Corporation (aty to be noticed) (Crowley, Michael) |
|
| Friday, March 08, 2024 | ||
| 7 | 7
notice
Notice of Appearance
Fri 03/08 1:36 PM
NOTICE of Appearance by Anthony J. Forzano on behalf of Lyudmila Khaimova (notification declined or already on case) (Forzano, Anthony) |
|
| 6 | 6
order
Scheduling Order
Fri 03/08 1:35 PM
SCHEDULING ORDER: An in-person initial conference will be held on April 10, 2024 at 3:00 p.m. in Courtroom 324 North before Magistrate Judge Joseph A. Marutollo. The parties must complete the attached proposed Discovery Plan and Scheduling Order and file it on ECF no later than April 5, 2024. Plaintiff is directed to ensure that all Defendants are aware of this conference. Counsel with knowledge of the case must attend the conference; per diem counsel may not appear without prior permission of the Court. The parties are directed to review this Court's Individual Practices and Rules in advance of the conference. Ordered by Magistrate Judge Joseph A. Marutollo on 3/8/2024. (EG) |
|
|
Att: 1
Individual Practices and Rules
|
||
| 5 | 5
misc
Quality Control Check - Attorney Case Opening
Fri 03/08 9:09 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
|
| 4 | 4
misc
Clerks Notice of Rule 73
Fri 03/08 9:08 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (CV) |
|
|
misc
ECF Admission and Registration Notification - Removal
Fri 03/08 9:08 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. (CV) |
||
| Thursday, March 07, 2024 | ||
| 3 | 3
misc
Jury Demand
Thu 03/07 8:10 PM
DEMAND for Trial by Jury by Costco Wholesale Corporation (Quatromoni, Samuel) |
|
| 2 | 2
misc
Corporate Disclosure Statement
Thu 03/07 8:08 PM
Corporate Disclosure Statement by Costco Wholesale Corporation (Quatromoni, Samuel) |
|
| 1 | 1
notice
Notice of Removal
Thu 03/07 8:02 PM
NOTICE OF REMOVAL by All Defendants COSTCO WHOLESALE CORPORATION from QSUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS, case number 714901/2023. ( Filing fee $ 405 receipt number ANYEDC-17646604) (Quatromoni, Samuel) |
|
|
Att: 1
Exhibit Ex. A Summons and Complaint,
|
||
|
Att: 2
Exhibit Ex. B - Answer,
|
||
|
Att: 3
Exhibit Ex. C - PC,
|
||
|
Att: 4
Exhibit Ex. D - Compliance Conference Order,
|
||
|
Att: 5
Exhibit Ex. E - Email with Demand dated 2-26-24,
|
||
|
Att: 6
Civil Cover Sheet
|
||