New York Eastern District Court
Judge:Lee G Dunst
Case #: 2:24-cv-05618
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause28:1441 Notice of Removal
Case Filed:Aug 12, 2024
Terminated:Oct 17, 2024
Case in other court:Supreme Court State of New York, Nassau County, 611651/2023
Last checked: Sunday Feb 09, 2025 4:41 AM EST
Defendant
T.J. Maxx, Inc.
Represented By
Scott Howard Wertheimer
Simmons Jannace Deluca, LLP
contact info
Allison C. Leibowitz
Simmons Jannace Deluca L.L.P.
contact info
Plaintiff
Phyllis Balbuena
Represented By
Robert Morici
Morici & Morici
contact info


Docket last updated: 10 hours ago
Thursday, October 17, 2024
order Order Dismissing Case Thu 10/17 1:35 PM
ORDER DISMISSING CASE re7 Stipulation of Dismissal - The Clerk of the Court is respectfully directed to close this case. All deadlines and hearings are CANCELLED. SO Ordered by Magistrate Judge Lee G. Dunst on 10/17/2024. (CT)
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Wednesday, October 16, 2024
7 7 misc Stipulation of Dismissal Wed 10/16 11:11 AM
STIPULATION of Dismissal with Prejudice by T.J. Maxx, Inc. (Leibowitz, Allison)
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Thursday, August 15, 2024
6 6 misc Jury Demand Thu 08/15 4:12 PM
DEMAND for Trial by Jury by T.J. Maxx, Inc. (Wertheimer, Scott)
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Wednesday, August 14, 2024
order Scheduling Order 1 - Terminate Hearings Wed 08/14 4:10 PM
SCHEDULING ORDER: The Court will hold an Initial Conference on 10/22/2024 at 12:00PM in Courtroom 830 of the Alfonse M. D'Amato Federal Courthouse, Central Islip. The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website, and submit a proposed discovery plan/scheduling order at least five business days prior to the initial conference pursuant to Judge Dunst's Individual Practice Rule IV.A.1. Ordered by Magistrate Judge Lee G. Dunst on 8/14/2024. (CT)
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Tuesday, August 13, 2024
5 5 notice Notice of Opportunity to Consent Tue 08/13 10:41 AM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. 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. The form is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (LJ)
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4 4 misc Quality Control Check - Attorney Case Opening Tue 08/13 10:38 AM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ)
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utility Case Assigned/Reassigned Tue 08/13 10:40 AM
Case Assigned to Magistrate Judge Lee G. Dunst. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ)
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Monday, August 12, 2024
3 3 NOTICE of Appearance by Allison C. Leibowitz on behalf of T.J. Maxx, Inc. (notification declined or already on case) (Leibowitz, Allison)
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2 2 Corporate Disclosure Statement by T.J. Maxx, Inc. (Leibowitz, Allison)
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Att: 1 Certificate of Service
1 1 NOTICE OF REMOVAL by T.J. Maxx, Inc. from Supreme Nassau, case number 611651/2023. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 405 receipt number BNYEDC-18167822) (Leibowitz, Allison) Modified on 8/13/2024 (LJ).
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Att: 1 Exhibit A - S&C,
Att: 2 Exhibit B - Verified Answer,
Att: 3 Exhibit C - Response,
Att: 4 Exhibit D - Preliminary Conference Order,
Att: 5 Exhibit E - Verified Bill of Particulars and Responses,
Att: 6 Exhibit F - Correspondence,
Att: 7 Exhibit G - Court's Order 5/8/24,
Att: 8 Exhibit H - Correspondence,
Att: 9 Exhibit I - Court's Order 7/24/24,
Att: 10 Exhibit J - Correspondence,
Att: 11 Exhibit K - Email correspondence,
Att: 12 Civil Cover Sheet