Baxendale et al v. Stew Leonard's Danbury, LLC et al
| Connecticut District Court | |
| Judge: | Vernon D Oliver |
| Referred: | Thomas O Farrish |
| Case #: | 3:24-cv-00953 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1441 Petition for Removal- Personal Injury |
| Case Filed: | May 29, 2024 |
| Terminated: | Jul 23, 2024 |
| Case in other court: | Connecticut Superior Court - Waterbury, GA 4 |
| Last checked: Monday Nov 25, 2024 3:17 AM EST |
|
Defendant
Bret Cherry
|
Represented By
|
|
Defendant
Cookies United LLC
|
Represented By
|
|
Defendant
Chris Nemer
|
Represented By
|
|
Defendant
Mario Ortiz
|
Represented By
|
|
Defendant
David Pollard
|
Represented By
|
|
Defendant
Sergio Rocha
|
Represented By
|
|
Defendant
Peter Tournas
|
Represented By
|
|
Defendant
AnneMarie Clarke
|
Represented By
|
|
Defendant
Stew Leonard, Jr.
|
Represented By
|
|
Defendant
Stew Leonard's Danbury, LLC
|
Represented By
|
|
Defendant
Stew Leonard's Holdings, LLC
|
Represented By
|
|
Plaintiff
Angela Josephine Baxendale
|
Represented By
|
|
Plaintiff
Louis Grandelli
|
Represented By
|
| Docket last updated: 05/08/2025 11:59 PM EDT |
| Thursday, August 08, 2024 | ||
| 44 | 44
utility
Case Remanded to State
Thu 08/08 10:46 AM
Case remanded to State Court Judicial District of Waterbury. (Samson, J) |
|
| Wednesday, July 24, 2024 | ||
|
notice
Judicial Evaluation Program Survey
Wed 07/24 11:03 AM
JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Samson, J) |
||
| Tuesday, July 23, 2024 | ||
| 43 | 43
order
Order on Motion to Remand to State Court Order on Motion to Amend/Correct Order on Motion for Conference
Tue 07/23 3:52 PM
ORDER OF REMAND. The parties' stipulation to remand this case at ECF No.42 is SO ORDERED . Accordingly, all pending motions are DENIED as moot. The Court REMANDS this action to the Connecticut Superior Court. The Clerk of Court shall close the case and remand this case forthwith and notwithstanding the time ordinarily prescribed under D. Conn. L. Civ. R. 83.7. It is so ordered. Signed by Judge Vernon D. Oliver on 7/23/2024. (Dao, J) |
|
| 42 | 42
misc
Stipulation
Tue 07/23 12:51 PM
STIPULATION to Remand by Bret Cherry, AnneMarie Clarke, Stew Leonard, Jr, Chris Nemer, Mario Ortiz, David Pollard, Sergio Rocha, Stew Leonard's Danbury, LLC, Stew Leonard's Holdings, LLC, Peter Tournas. (Devine, Robert) |
|
| Thursday, July 18, 2024 | ||
| 41 | 41
respm
Response
Thu 07/18 3:43 PM
RESPONSE re31 First MOTION to Remand to State Court filed by Bret Cherry, AnneMarie Clarke, Stew Leonard, Jr, Chris Nemer, Mario Ortiz, David Pollard, Sergio Rocha, Stew Leonard's Danbury, LLC, Stew Leonard's Holdings, LLC, Peter Tournas. (Devine, Robert) |
|
| Monday, July 15, 2024 | ||
| 40 | 40
order
Order on Motion for Extension of Time
Mon 07/15 9:44 AM
ORDER granting 39 Motion for Extension of Time. The deadline for Cookies United LLC to answer or otherwise respond to the complaint is extended to August 16, 2024 . The deadline for the parties to file the Rule 26(f) report is extended to August 16, 2024 . Signed by Judge Vernon D. Oliver on 7/15/2024. (Dao, J) |
|
|
utility
Update Answer Deadline
Mon 07/15 3:32 PM
Answer deadline updated for Cookies United LLC to 8/16/2024. (Samson, J) |
||
|
utility
Set Deadlines/Hearings
Mon 07/15 3:32 PM
Set Deadlines: Rule 26 Meeting Report due by 8/16/2024 (Samson, J) |
||
| Friday, July 12, 2024 | ||
| 39 | 39
motion
Extension of Time
Fri 07/12 4:36 PM
MOTION for Extension of Time until August 16, 2024 Time to Plead or Respond to Complaint and to File Rule 26(f) Report by Cookies United LLC. (Habeeb, Faizan) |
|
| Wednesday, July 10, 2024 | ||
| 38 | 38
respm
Response
Wed 07/10 7:10 PM
RESPONSE re35 MOTION for Pre-Filing Motion Conference filed by Angela Josephine Baxendale, Louis Grandelli. (Ser, Aaron) |
|
| Wednesday, July 03, 2024 | ||
| 37 | 37
order
Order on Motion to Dismiss
Wed 07/03 1:09 PM
ORDER terminating 34 Motion to Dismiss. Considering that the moving parties have failed to abide by the Court's requirement of a pre-filing conference prior to filing any dispositive motion, the pending motion to dismiss is terminated . By July 10, 2024 , Plaintiffs shall serve and file a letter response of no more than three (3) pages to the pending request for a pre-filing conference at ECF No.35 . Signed by Judge Vernon D. Oliver on 7/3/2024. (Dao, J) |
|
| Tuesday, July 02, 2024 | ||
| 36 | 36
service
Affidavit of Service
Tue 07/02 8:17 PM
AFFIDAVIT of Service for Summons and Complaint served on STEW LEONARDS DANBURY, LLC, STEW LEONARDS HOLDINGS, LLC, STEW LEONARD JR., DAVID POLLARD, PETER TOURNAS, BRET CHERRY, MARIO ORTIZ, CHRIS NEMER, ANNEMARIE CLARKE aka ANNEMARIE CLARKE GOCHEE, SERGIO ROCHA and COOKIES UNITED LLC on May 23, 2024, filed by Angela Josephine Baxendale, Louis Grandelli.(Ser, Aaron) |
|
|
Att: 1
Exhibit Emails Re Service on Cookies United LLC,
|
||
|
Att: 2
Exhibit Emails Re Service on Stew Leonards Parties,
|
||
|
Att: 3
Affidavit Certification of Service
|
||
| 35 | 35
motion
Conference
Tue 07/02 5:06 PM
MOTION for Pre-Filing Motion Conference by Bret Cherry, AnneMarie Clarke, Stew Leonard, Jr, Chris Nemer, Mario Ortiz, David Pollard, Sergio Rocha, Stew Leonard's Danbury, LLC, Stew Leonard's Holdings, LLC, Peter Tournas. (Burger, James) |
|
| 34 | 34
motion
Dismiss
Tue 07/02 11:08 AM
MOTION to Dismiss by Bret Cherry, AnneMarie Clarke, Stew Leonard, Jr, Chris Nemer, Mario Ortiz, David Pollard, Sergio Rocha, Stew Leonard's Danbury, LLC, Stew Leonard's Holdings, LLC, Peter Tournas.Responses due by 7/23/2024(Burger, James) |
|
|
Att: 1
Exhibit A,
|
||
|
Att: 2
Exhibit B
|
||
| Monday, July 01, 2024 | ||
| 33 | 33
misc
Disclosure Statement
Mon 07/01 6:17 PM
Disclosure Statement Rule 7.1 by Bret Cherry, AnneMarie Clarke, Stew Leonard, Jr, Chris Nemer, Mario Ortiz, David Pollard, Sergio Rocha, Stew Leonard's Danbury, LLC, Stew Leonard's Holdings, LLC, Peter Tournas. (Burger, James) |
|
| 32 | 32
motion
Amend/Correct
Mon 07/01 6:03 PM
MOTION to Amend/Correct1 Notice of Removal,, by Bret Cherry, AnneMarie Clarke, Stew Leonard, Jr, Chris Nemer, Mario Ortiz, David Pollard, Sergio Rocha, Stew Leonard's Danbury, LLC, Stew Leonard's Holdings, LLC, Peter Tournas.Responses due by 7/22/2024(Burger, James) |
|
|
Att: 1
Exhibit A,
|
||
|
Att: 2
Exhibit B
|
||
| Thursday, June 27, 2024 | ||
| 31 | 31
motion
Remand to State Court
Thu 06/27 4:14 PM
First MOTION to Remand to State Court by Angela Josephine Baxendale, Louis Grandelli.Responses due by 7/18/2024(Ser, Aaron) |
|
|
Att: 1
Exhibit Exhibit 1 - S&C and Amended Complaint,
|
||
|
Att: 2
Exhibit Exhibit 2 - 5.22.24 Email from HSH to FH,
|
||
|
Att: 3
Exhibit Exhibit 3 - 5.22.24 Email from FH to HSH,
|
||
|
Att: 4
Exhibit Exhibit 4 - 5.23.24 Email from HSH to FH,
|
||
|
Att: 5
Exhibit Exhibit 5 - 4.15.24 Email from RD to HSH,
|
||
|
Att: 6
Exhibit Exhibit 6 - 5.23.24 Email from HSH to FH RD,
|
||
|
Att: 7
Exhibit Exhibit 7 - 5.24.24 Email from RD to HSH,
|
||
|
Att: 8
Exhibit Exhibit 8 - 5.29.24 Email from RD to HSH,
|
||
|
Att: 9
Exhibit Exhibit 9 - Notice of Removal and Exhibits,
|
||
|
Att: 10
Exhibit Exhibit 10 - Annual Report,
|
||
|
Att: 11
Exhibit Exhibit 11 - 6.11.24 Email from FH to HSH
|
||
| Friday, June 21, 2024 | ||
| 30 | 30
notice
Notice of Appearance
Fri 06/21 2:12 PM
NOTICE of Appearance by Robert Devine on behalf of Bret Cherry, AnneMarie Clarke, Stew Leonard, Jr, Chris Nemer, Mario Ortiz, David Pollard, Sergio Rocha, Stew Leonard's Danbury, LLC, Stew Leonard's Holdings, LLC, Peter Tournas (Devine, Robert) |
|
| 29 | 29
notice
Notice of Appearance
Fri 06/21 2:05 PM
NOTICE of Appearance by James Daniel Burger on behalf of Bret Cherry, AnneMarie Clarke, Stew Leonard, Jr, Chris Nemer, Mario Ortiz, David Pollard, Sergio Rocha, Stew Leonard's Danbury, LLC, Stew Leonard's Holdings, LLC, Peter Tournas (Burger, James) |
|
| 28 | 28
notice
Notice of Appearance
Fri 06/21 1:42 PM
NOTICE of Appearance by Randy S. Faust on behalf of Cookies United LLC(Faust, Randy) |
|
|
Att: 1
Certificate of Good Standing
|
||
| 27 | 27
order
Order on Motion for Admission Pro Hac Vice
Fri 06/21 10:30 AM
ORDER granting26 Motion to Appear Pro Hac Vice for Attorney James Burger. Certificate of Good Standing due by 8/20/2024. Signed by Clerk on 6/21/2024. (Gaskins, A) |
|
|
utility
Update Certificate of Good Standing Deadline
Mon 06/24 10:29 AM
Update Certificate of Good Standing Deadline for Randy S. Faust. Certificate of Good Standing Satisfied. (Gaskins, A) |
||
| Thursday, June 20, 2024 | ||
| 26 | 26
motion
Admission Pro Hac Vice
Thu 06/20 2:40 PM
MOTION for Attorney(s) James Burger to be Admitted Pro Hac Vice by Bret Cherry, AnneMarie Clarke, Stew Leonard, Jr, Chris Nemer, Mario Ortiz, David Pollard, Sergio Rocha, Stew Leonard's Danbury, LLC, Stew Leonard's Holdings, LLC, Peter Tournas.(Casher, Scott) |
|
|
Att: 1
Exhibit receipt
|
||
| 25 | 25
order
Order on Motion for Admission Pro Hac Vice
Thu 06/20 2:19 PM
ORDER granting24 Motion to Appear Pro Hac Vice for Attorney Robert G. Devine. Certificate of Good Standing due by 8/19/2024. Signed by Clerk on 6/20/2024. (Gaskins, A) |
|
| Tuesday, June 18, 2024 | ||
| 24 | 24
motion
Admission Pro Hac Vice
Tue 06/18 6:20 PM
MOTION for Attorney(s) Robert G. Devine to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number BCTDC-7806770) by Bret Cherry, AnneMarie Clarke, Stew Leonard, Jr, Chris Nemer, Mario Ortiz, David Pollard, Sergio Rocha, Stew Leonard's Danbury, LLC, Stew Leonard's Holdings, LLC, Peter Tournas. (Casher, Scott) |
|
| 23 | 23
notice
Notice of Appearance
Tue 06/18 11:28 AM
NOTICE of Appearance by Faizan Tariq Habeeb on behalf of Cookies United LLC(Habeeb, Faizan) |
|
|
Att: 1
Exhibit NYS Certificate of Good Standing
|
||
| Monday, June 17, 2024 | ||
| 22 | 22
order
Order on Motion for Admission Pro Hac Vice
Mon 06/17 12:54 PM
ORDER granting19 Motion to Appear Pro Hac Vice for Attorney Faizan T. Habeeb. Certificate of Good Standing due by 8/16/2024. Signed by Clerk on 6/17/2024. (Gaskins, A) |
|
| 21 | 21
order
Order on Motion for Admission Pro Hac Vice
Mon 06/17 12:50 PM
ORDER granting18 Motion to Appear Pro Hac Vice for Attorney Randy S. Faust. Certificate of Good Standing due by 8/16/2024. Signed by Clerk on 6/17/2024. (Gaskins, A) |
|
|
utility
Update Answer Deadline
Mon 06/17 9:45 AM
Answer deadline updated for Cookies United LLC to 7/15/2024. (Samson, J) |
||
| Friday, June 14, 2024 | ||
| 20 | 20
order
Order on Motion for Extension of Time
Fri 06/14 8:03 PM
ORDER granting 17 Motion for Extension of Time. The deadline for Cookies United LLC to answer or otherwise respond to the Complaint is extended to July 15, 2024 . Signed by Judge Vernon D. Oliver on 6/14/2024. (Dao, J) |
|
| 19 | 19
motion
Admission Pro Hac Vice
Fri 06/14 12:19 PM
MOTION for Attorney(s) Faizan T. Habeeb to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7801982) by Cookies United LLC.(Tallberg, James) |
|
|
Att: 1
Affidavit of Visiting Attorney
|
||
| 18 | 18
motion
Admission Pro Hac Vice
Fri 06/14 12:16 PM
MOTION for Attorney(s) Randy S. Faust to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7801953) by Cookies United LLC.(Tallberg, James) |
|
|
Att: 1
Affidavit of Visiting Attorney
|
||
| 17 | 17
motion
Extension of Time
Fri 06/14 12:08 PM
MOTION for Extension of Time until July 15, 2024 to Answer or Otherwise Respond to Plaintiffs' Complaint by Cookies United LLC. (Tallberg, James) |
|
| Thursday, June 13, 2024 | ||
| 16 | 16
notice
Notice of Appearance
Thu 06/13 4:22 PM
NOTICE of Appearance by James Newhall Tallberg on behalf of Cookies United LLC (Tallberg, James) |
|
| Tuesday, June 11, 2024 | ||
| 15 | 15
misc
Disclosure Statement
Tue 06/11 5:01 PM
First Disclosure Statement by Angela Josephine Baxendale, Louis Grandelli. (Ser, Aaron) |
|
| 14 | 14
misc
Jury Demand
Tue 06/11 4:00 PM
DEMAND for Trial by Jury by Angela Josephine Baxendale, Louis Grandelli. (Ser, Aaron) |
|
| 13 | 13
notice
Notice of Appearance
Tue 06/11 3:56 PM
NOTICE of Appearance by Aaron Ser on behalf of Angela Josephine Baxendale (Ser, Aaron) |
|
| Tuesday, June 04, 2024 | ||
| 12 | 12
order
Order of Transfer
Tue 06/04 10:02 AM
ORDER OF TRANSFER. Case reassigned to Judge Vernon D. Oliver for all further proceedings. Signed by Judge Kari A. Dooley on 6/4/2024.(Gould, K.) |
|
|
utility
Set Deadlines/Hearings
Tue 06/04 1:59 PM
Set Deadlines: Rule 26 Meeting Report due by 7/12/2024 (Samson, J) |
||
| Monday, June 03, 2024 | ||
| 11 | 11
trial
Exhibit
Mon 06/03 4:34 PM
EXHIBIT B by Bret Cherry, AnneMarie Clarke, Stew Leonard, Jr, Chris Nemer, Mario Ortiz, David Pollard, Sergio Rocha, Stew Leonard's Danbury, LLC, Stew Leonard's Holdings, LLC, Peter Tournas re1 Notice of Removal,,. (Casher, Scott) |
|
| 10 | 10
notice
Notice (Other)
Mon 06/03 4:02 PM
NOTICE by Bret Cherry, AnneMarie Clarke, Stew Leonard, Jr, Chris Nemer, Mario Ortiz, David Pollard, Sergio Rocha, Stew Leonard's Danbury, LLC, Stew Leonard's Holdings, LLC, Peter Tournas STATEMENT OF COMPLIANCE WITH STANDING ORDER (Casher, Scott) |
|
| Thursday, May 30, 2024 | ||
| 9 | 9
order
Electronic Service Documents
Thu 05/30 1:28 PM
NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of8 Notice of Option to Consent to Magistrate Judge Jurisdiction,5 Order on Pretrial Deadlines, 4 Notice re: Disclosure Statement,3 Notice (Other) filed by Stew Leonard's Holdings, LLC, Stew Leonard, Jr., Mario Ortiz, AnneMarie Clarke, Peter Tournas, Bret Cherry, Stew Leonard's Danbury, LLC, Sergio Rocha, David Pollard, Chris Nemer,1 Notice of Removal,, filed by Stew Leonard's Holdings, LLC, Stew Leonard, Jr., Mario Ortiz, AnneMarie Clarke, Peter Tournas, Bret Cherry, Stew Leonard's Danbury, LLC, Sergio Rocha, David Pollard, Chris Nemer,6 Electronic Filing Order,2 Notice of Appearance, filed by Stew Leonard's Holdings, LLC, Stew Leonard, Jr., Mario Ortiz, AnneMarie Clarke, Peter Tournas, Bret Cherry, Stew Leonard's Danbury, LLC, Sergio Rocha, David Pollard, Chris Nemer,7 Standing Protective Order. Signed by Clerk on 5/30/2024. (Fanelle, N.) |
|
|
Att: 1
Standing Order on Removed Cases
|
||
| Wednesday, May 29, 2024 | ||
| 8 | 8
misc
Notice of Option to Consent to MJ Jurisdiction (intake)
Thu 05/30 1:25 PM
Notice of Option to Consent to Magistrate Judge Jurisdiction. (Fanelle, N.) |
|
| 7 | 7
order
Standing Protective Order (Intake)
Thu 05/30 1:24 PM
Standing Protective Order Signed by Judge Kari A. Dooley on 5/29/2024. (Fanelle, N.) |
|
| 6 | 6
order
Electronic Filing Order
Thu 05/30 1:23 PM
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 5/29/2024. (Fanelle, N.) |
|
| 5 | 5
1
pgs
order
Order on Pretrial Deadlines
Thu 05/30 1:18 PM
Order on Pretrial Deadlines: Amended Pleadings due by 7/28/2024 Discovery due by 11/29/2024 Dispositive Motions due by 1/2/2025 Signed by Clerk on 5/29/2024. (Fanelle, N.) |
|
| 4 | 4
notice
Notice re: Disclosure Statement
Thu 05/30 9:23 AM
Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 5/29/2024.(Maturo, F.) |
|
| 3 | 3
notice
Notice (Other)
Wed 05/29 5:30 PM
NOTICE by Bret Cherry, Anne Marie Clarke, Stew Leonard Jr., Chris Nemer, Mario Ortiz, David Pollard, Sergio Rocha, Stew Leonards Danbury LLC, Stew Leonards Holdings LLC, Peter Tournas Notice of Pending Motions (Casher, Scott) |
|
| 2 | 2
notice
Notice of Appearance
Wed 05/29 5:24 PM
NOTICE of Appearance by Scott H. Casher on behalf of Bret Cherry, Anne Marie Clarke, Stew Leonard Jr., Chris Nemer, Mario Ortiz, David Pollard, Sergio Rocha, Stew Leonards Danbury LLC, Stew Leonards Holdings LLC, Peter Tournas (Casher, Scott) |
|
| 1 | 1
cmp
Notice of Removal
Wed 05/29 5:15 PM
NOTICE OF REMOVAL by David Pollard, Anne Marie Clarke, Stew Leonards Danbury LLC, Peter Tournas, Mario Ortiz, Sergio Rocha, Bret Cherry, Stew Leonards Holdings LLC, Chris Nemer, Stew Leonard Jr. from Connecticut Superior Court - Waterbury, case number GA 4. Filing fee $ 405 receipt number BCTDC-7781407, filed by David Pollard, Anne Marie Clarke, Stew Leonards Danbury LLC, Peter Tournas, Mario Ortiz, Sergio Rocha, Bret Cherry, Stew Leonards Holdings LLC, Chris Nemer, Stew Leonard Jr..(Casher, Scott) |
|
|
Att: 1
Exhibit A
|
||
|
utility
Add and Terminate Judges
Thu 05/30 11:35 AM
Judge Kari A. Dooley and Judge Thomas O. Farrish added. (Freberg, B) |
||