Habersham v. Petsmart, Inc. et al
| New York Southern District Court | |
| Judge: | Sarah L Cave |
| Case #: | 1:24-cv-03680 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332pi Diversity-Personal Injury |
| Case Filed: | May 13, 2024 |
| Terminated: | Feb 20, 2025 |
| Last checked: Saturday Nov 09, 2024 5:20 AM EST |
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Defendant
PetSmart LLC
19601 N. 27th Avenue
Phoenix, AZ 85027 |
Represented By
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Defendant
Petsmart, Inc.
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Represented By
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Plaintiff
Mokesha Habersham
846 Metcalf Avenue Apt. A
Bronx, NY 10476 |
Represented By
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| Docket last updated: 3 hours ago |
| Thursday, February 20, 2025 | ||
| 32 | 32
misc
Stipulation of Voluntary Dismissal
Thu 02/20 11:05 AM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) PetSmart LLC, Petsmart, Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by PetSmart LLC, Petsmart, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Rubine, Seth) |
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misc
Notice to Attorney Regarding Deficient Voluntary Dismissal
Thu 02/20 9:35 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Seth Rubine. RE-FILE Document No. 31 Stipulation of Voluntary Dismissal,,. The filing is deficient for the following reason(s): individual party/parties whom the voluntary dismissal is against was/were not selected;. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (nd) |
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| Wednesday, February 19, 2025 | ||
| 31 | 31
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Stipulation of Voluntary Dismissal
Wed 02/19 11:20 AM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by PetSmart LLC, Petsmart, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Rubine, Seth) |
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misc
Notice to Attorney Regarding Deficient Voluntary Dismissal
Wed 02/19 10:33 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Seth Rubine. RE-FILE Document No. 30 Stipulation of Voluntary Dismissal,,. The filing is deficient for the following reason(s): individual party/parties whom the voluntary dismissal is against was/were not selected. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (nd) |
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| Tuesday, February 18, 2025 | ||
| 30 | 30
misc
Stipulation of Voluntary Dismissal
Tue 02/18 5:20 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Defendants pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by PetSmart LLC, Petsmart, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Rubine, Seth) |
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| Tuesday, February 04, 2025 | ||
| 28 | 28
order
Memo Endorsement
Tue 02/04 11:15 AM
MEMO ENDORSEMENT on re:27 Letter Joint Status filed by PetSmart LLC, Petsmart, Inc. ENDORSEMENT: On or before March 7, 2025, the parties shall file a stipulation of dismissal. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 2/4/25) (yv) |
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| Monday, February 03, 2025 | ||
| 27 | 27
misc
Letter
Mon 02/03 1:33 PM
FIFTH LETTER addressed to Magistrate Judge Sarah L. Cave from Seth Rubine dated February 3, 2025 re: Joint Status Letter. Document filed by PetSmart LLC, Petsmart, Inc...(Rubine, Seth) |
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| Tuesday, January 21, 2025 | ||
| 26 | 26
order
Memo Endorsement
Tue 01/21 3:08 PM
MEMO ENDORSEMENT on re:25 Joint Status Letter filed by PetSmart LLC, Petsmart, Inc. ENDORSEMENT : The parties' request at ECF No. 25 is GRANTED. On or before February 4, 2025, the parties shall file a joint letter setting forth the status of their settlement negotiations. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 1/21/25) (yv) |
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| 25 | 25
misc
Letter
Tue 01/21 12:21 PM
FOURTH LETTER addressed to Magistrate Judge Sarah L. Cave from Seth Rubine dated January 21, 2025 re: Joint Status Letter. Document filed by PetSmart LLC, Petsmart, Inc...(Rubine, Seth) |
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| Thursday, January 02, 2025 | ||
| 24 | 24
order
Memo Endorsement
Thu 01/02 4:55 PM
MEMO ENDORSEMENT on re:23 Letter Joint Status filed by PetSmart LLC, Petsmart, Inc. ENDORSEMENT: On or before January 21, 2025, the parties shall file a joint letter setting forth the status of their settlement negotiations. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 1/2/25) (yv) |
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| 23 | 23
misc
Letter
Thu 01/02 3:54 PM
THIRD LETTER addressed to Magistrate Judge Sarah L. Cave from Seth Rubine dated January 2, 2025 re: Joint Status Letter. Document filed by PetSmart LLC, Petsmart, Inc...(Rubine, Seth) |
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| Friday, December 20, 2024 | ||
| 22 | 22
order
Memo Endorsement
Fri 12/20 12:26 PM
MEMO ENDORSEMENT on re:21 Joint Status Letter filed by PetSmart LLC, Petsmart, Inc. ENDORSEMENT: On or before January 3, 2025, the parties shall file a joint letter setting forth whether they (i) intend to file dispositive motions and (ii) seek referral to the court-annexed mediation program for settlement. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 12/20/24) (yv) |
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| Thursday, December 19, 2024 | ||
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minutes
Mediation Conference
Fri 12/20 11:11 AM
Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 12/19/2024. Mediation Status due by 1/21/2025. (sni) |
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| Wednesday, December 18, 2024 | ||
| 21 | 21
misc
Letter
Wed 12/18 10:51 AM
SECOND LETTER addressed to Magistrate Judge Sarah L. Cave from Seth Rubine, Esq. dated December 18, 2024 re: Joint Status Letter. Document filed by PetSmart LLC, Petsmart, Inc...(Rubine, Seth) |
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| Monday, December 16, 2024 | ||
| 20 | 20
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order
Order
Mon 12/16 10:30 AM
ORDER. On or before December 18, 2024, the parties shall file a joint letter certifying the completion of expert discovery. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 12/16/24) (yv) |
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| Monday, November 25, 2024 | ||
| 19 | 19
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order
Order
Mon 11/25 12:22 PM
ORDER Pursuant to the telephone conference held today, November 25, 2024, it is ORDERED that on or before December 23, 2024, the parties shall file a joint letter setting forth the status of their settlement discussions and, if their scheduled mediation is unsuccessful, how they intend to proceed with this case. The discovery deadlines in the Amended Case Management Plan (ECF No. 17) remain in effect. (Signed by Magistrate Judge Sarah L. Cave on 11/25/2024) (ar) |
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minutes
Telephone Conference
Tue 11/26 10:55 AM
Minute Entry for proceedings held before Magistrate Judge Sarah L. Cave: Telephone Conference held on 11/25/2024. Plaintiff did not appear. Attorney Seth Rubine appeared on behalf of Defendants. (ne) |
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| Wednesday, October 23, 2024 | ||
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adr
Mediation Conference Scheduled
Wed 10/23 3:52 PM
FIRST MEDIATION CONFERENCE. Mediation Conference scheduled for 12/19/2024 at 10:00 AM in Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007.(sni) |
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| Monday, September 09, 2024 | ||
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adr
Notice of Mediator Assignment
Mon 09/09 3:41 PM
NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 10/9/2024.(sge) |
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| Thursday, September 05, 2024 | ||
| 18 | 18
order
Mediation Referral Order
Thu 09/05 12:26 PM
MEDIATION REFERRAL ORDER: It is ORDERED that this case be referred to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 and the Mediation Program Procedures shall govern the mediation. The mediation will have no effect upon any scheduling order issued by this Court unless otherwise noted. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. (Mediator to be Assigned by 9/19/2024.) (Signed by Magistrate Judge Sarah L. Cave on 9/5/24) (yv) |
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| 17 | 17
order
Case Management Plan
Thu 09/05 12:11 PM
AMENDED CASE MANAGEMENT PLAN: The Court ORDERS as follows: Fact Discovery due by 1/6/2025. Expert Discovery due by 12/6/2024. Telephone Conference set for 11/25/2024 at 10:00 AM on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 9/5/24) (yv) |
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minutes
Telephone Conference
Thu 09/05 10:56 AM
Minute Entry for proceedings held before Magistrate Judge Sarah L. Cave: Telephone Conference held on 9/5/2024. Attorney Jared Glugeth appeared on behalf of Plaintiff. Attorney Seth Rubine appeared on behalf of Defendants. (ne) |
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| Thursday, June 27, 2024 | ||
| 16 | 16
order
Case Management Plan
Thu 06/27 3:54 PM
REPORT OF RULE 26(f) CONFERENCE AND CASE MANAGEMENT PLAN: Last date to amend any pleading pursuant to Fed. R. Civ. P. 15(a) is July 29, 2024. The parties have not discussed the possibility of settlement. The parties anticipate that this case will be ready for trial by 2/24/2025. The parties do not consent to a trial before a Magistrate Judge at this time. The parties request a jury trial. SO ORDERED. Amended Pleadings due by 7/29/2024. Deposition due by 9/2/2024. Fact Discovery due by 12/6/2024. Expert Discovery due by 11/1/2024. Ready for Trial by 2/24/2025. Estimate length of trial 5 days. (Signed by Magistrate Judge Sarah L. Cave on 6/27/2024) (tg) |
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| 15 | 15
order
Scheduling Order
Thu 06/27 3:44 PM
TELEPHONE CONFERENCE SCHEDULING ORDER: Having reviewed the parties' proposed case management plan (ECF No. 14 (the "PCMP"), the Court orders as follows: 1. The initial case management conference scheduled for June 28, 2024 is CANCELLED. 2. By separate order, the Court will enter the PCMP. 3. A telephone status conference is scheduled for Thursday, September 5, 2024 at 10:00 am on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. Telephone Conference set for 9/5/2024 at 10:00 AM before Magistrate Judge Sarah L. Cave. (Signed by Magistrate Judge Sarah L. Cave on 6/27/2024) (tg) |
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| Monday, June 10, 2024 | ||
| 14 | 14
misc
Proposed Case Management Plan
Mon 06/10 5:35 PM
PROPOSED CASE MANAGEMENT PLAN. Document filed by PetSmart LLC, Petsmart, Inc...(Rubine, Seth) |
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| Wednesday, May 22, 2024 | ||
| 13 | 13
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order
Order for Initial Pretrial Conference
Wed 05/22 11:48 AM
AMENDED ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: Defendants' request at ECF No. 12 is GRANTED, and the initial case management conference scheduled for June 26, 2024 is ADJOURNED to Friday, June 28, 2024 at 2:00 pm on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. By June 21, 2024, the parties shall file a Report of Rule 26(f) Meeting and Proposed Case Management Plan, via ECF, signed by counsel for each party. A template is available at https://www.nysd.uscourts.gov/hon-sarah-l-cave. To the extent the parties disagree about any portion of the Proposed Case Management Plan, they may set forth their respective proposals for the disputed provision, without argument. SO ORDERED. Initial Conference set for 6/28/2024 at 02:00 PM before Magistrate Judge Sarah L. Cave. (Signed by Magistrate Judge Sarah L. Cave on 5/22/2024) (vfr) |
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| Tuesday, May 21, 2024 | ||
| 12 | 12
misc
Letter
Tue 05/21 5:09 PM
FIRST LETTER addressed to Magistrate Judge Sarah L. Cave from Seth Rubine dated May 21, 2024 re: Initial Status Conference. Document filed by PetSmart LLC, Petsmart, Inc...(Rubine, Seth) |
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| Monday, May 20, 2024 | ||
| 11 | 11
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order
Order for Initial Pretrial Conference
Mon 05/20 3:13 PM
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: It is hereby ORDERED that an initial conference in accordance with Fed. R. Civ. P. 16 will be held on Wednesday, June 26, 2024 at 11:00 am, on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. At the conference, the parties must be prepared to discuss the subjects set forth in Fed. R. Civ. P. 16(b) and (c).It is further ORDERED that counsel shall meet and confer in accordance with Fed. R. Civ.P. 26(f) no later than 21 days before the Initial Case Management Conference. By June 2, 2024, the parties shall file a Report of Rule 26(f) Meeting and Proposed Case Management Plan, via ECF, signed by counsel for each party. A template is available at https://www.nysd.uscourts.gov/hon-sarah-l-cave. (Initial Conference set for 6/26/2024 at 11:00 AM before Magistrate Judge Sarah L. Cave.) (Signed by Magistrate Judge Sarah L. Cave on 5/20/24) (yv) |
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| Friday, May 17, 2024 | ||
| 10 | 10
misc
Consent to Jurisdiction by US Magistrate Judge
Fri 05/17 6:18 PM
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Mokesha Habersham, PetSmart LLC, Petsmart, Inc.. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Sarah L. Cave. (Signed by Judge Ronnie Abrams on 5/17/2024).(vfr) |
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| Thursday, May 16, 2024 | ||
| 9 | 9
notice
Notice (Other)
Thu 05/16 1:42 PM
NOTICE of Consent to Magistrate Judge. Document filed by PetSmart LLC, Petsmart, Inc...(Rubine, Seth) |
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| Wednesday, May 15, 2024 | ||
| 8 | 8
misc
Jury Demand
Wed 05/15 5:50 PM
DEMAND for Trial by Jury. Document filed by Mokesha Habersham.(Glugeth, Jared) |
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| 7 | 7
notice
Notice of Appearance
Wed 05/15 5:45 PM
NOTICE OF APPEARANCE by Jared Glugeth on behalf of Mokesha Habersham..(Glugeth, Jared) |
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| 6 | 6
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order
Order for Initial Pretrial Conference
Wed 05/15 4:01 PM
ORDER AND NOTICE OF INITIAL CONFERENCE: IT IS FURTHER ORDERED that counsel for all parties appear for an initial status conference on June 28, 2024 at 1:00 p.m. Unless the parties request otherwise, the Court will hold this conference by telephone. The parties shall use the following dial-in information to call in to the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. Initial Conference set for 6/28/2024 at 01:00 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 5/15/2024) (ate) |
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| Tuesday, May 14, 2024 | ||
| 5 | 5
notice
Notice (Other)
Tue 05/14 3:54 PM
NOTICE of Notice of Filing of Notice of Notice of Removal re:1 Notice of Removal,. Document filed by PetSmart LLC, Petsmart, Inc...(Rubine, Seth) |
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| 4 | 4
misc
Civil Cover Sheet
Tue 05/14 11:56 AM
CIVIL COVER SHEET filed..(Rubine, Seth) |
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| 3 | 3
misc
Rule 7.1 Corporate Disclosure Statement
Tue 05/14 11:46 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PetSmart LLC, Petsmart, Inc...(Rubine, Seth) |
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misc
Notice to Attorney Regarding Deficient Pleading
Tue 05/14 10:09 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Seth Brian Rubine re: Document No. 1 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add Petsmart, Inc. and Pet Wise Inc. 'doing business as Petsmart'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo) |
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Notice to Attorney to Submit/File Civil Cover Sheet
Tue 05/14 10:10 AM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Seth Brian Rubine. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Tue 05/14 10:14 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Seth Brian Rubine. The following case opening statistical information was erroneously selected/entered: Dollar Demand $2,000,000,000; County code Bronx;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $2,000,000; the County code has been modified to XX Out of State;. (jgo) |
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misc
Notice to Attorney Regarding Deficient Rule 7.1 Corporate Disclosure Statement
Tue 05/14 10:14 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Seth Brian Rubine to RE-FILE Document No. 2 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added; the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Please use the revised form found here NYSD form page (lb) |
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misc
Notice to Attorney Regarding Party Modification
Tue 05/14 10:15 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Seth Brian Rubine. The party information for the following party/parties has been modified: Mokesha Habersham; PetSmart LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo) |
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notice
Case Opening Initial Assignment Notice
Tue 05/14 10:18 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) |
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utility
Case Designation
Tue 05/14 10:19 AM
Magistrate Judge Sarah L. Cave is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) |
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utility
Case Designated ECF
Tue 05/14 10:19 AM
Case Designated ECF. (jgo) |
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utility
Add Party for Pleading
Tue 05/14 11:43 AM
ADD PARTY FOR PLEADING. Defendants/Respondents All Defendants added. Party added pursuant to1 Notice of Removal,.Document filed by Petsmart, Inc.. Related document:1 Notice of Removal,..(Rubine, Seth) |
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| Monday, May 13, 2024 | ||
| 2 | 2
misc
Rule 7.1 Corporate Disclosure Statement
Mon 05/13 4:19 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PetSmart LLC..(Rubine, Seth) |
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| 1 | 1
notice
Notice of Removal
Mon 05/13 4:17 PM
NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 800527/2024E. (Filing Fee $ 405.00, Receipt Number BNYSDC-29347212).Document filed by PetSmart LLC..(Rubine, Seth) |
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Att: 1
Civil Cover Sheet Civil Cover Sheet,
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Att: 2
Exhibit Exhibit A,
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Att: 3
Exhibit Exhibit B,
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Att: 4
Exhibit Exhibit C,
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Att: 5
Exhibit Exhibit D,
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Att: 6
Exhibit Exhibit E,
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Att: 7
Supplement Jury Demand
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