Massey v. Wal-Mart Stores, Inc.

Federal Civil Lawsuit New York Northern District Court, Case No. 6:16-cv-01257
District Judge Lawrence E. Kahn, presiding
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District Judge Lawrence E. Kahn
Last Updated July 29, 2025 at 9:41 AM EDT (6.5 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Anonymized Party [F76E797], Plaintiff

Represented by Maynard, O'Connor Law Firm - Albany Office

Name Phone Fax E-Mail
Space Justin W. Gray +1 518 465 3553 +1 518 465 5845 gray@maynardoconnorlaw.com
Space Bridget M. Schultz bschultz@maynardoconnorlaw.com
Space Alexander L. Stabinski stabinski@moscllp.com
v.
No Logo Ameristep Corporation, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Stephanie I. Marino Anderson
Space Gregg D Minkin

Represented by Clark Hill, PLC

Name Phone Fax E-Mail
Space Bishop Arnold Lorenzo Bartoni +1 313 965 8300 +1 313 965 8252 bbartoni@clarkhill.com
Space Milton S. Karfis MKarfis@ClarkHill.com
No Logo Primal Vantage Company, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Stephanie I. Marino Anderson
Space Gregg D Minkin

Represented by Clark Hill, PLC

Name Phone Fax E-Mail
Space Bishop Arnold Lorenzo Bartoni +1 313 965 8300 +1 313 965 8252 bbartoni@clarkhill.com
Space Milton S. Karfis MKarfis@ClarkHill.com
No Logo Tashin Industrial Corp USA, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Stephanie I. Marino Anderson
Space Gregg D Minkin

Represented by Clark Hill, PLC

Name Phone Fax E-Mail
Space Bishop Arnold Lorenzo Bartoni +1 313 965 8300 +1 313 965 8252 bbartoni@clarkhill.com
Space Milton S. Karfis MKarfis@ClarkHill.com
Wal-Mart Stores, Inc. Wal-Mart Stores, Inc., Defendant
Officer/Director, Green Dot Corp
Officer/Director, Zing Enterprises, Inc.

Represented by Clark Hill, PLC

Name Phone Fax E-Mail
Space Stephanie M. Anderson +1 248 530 6334 +1 248 988 2329 sanderson@clarkhill.com
Space Bishop Arnold Lorenzo Bartoni +1 313 965 8300 +1 313 965 8252 bbartoni@clarkhill.com
Space Milton S. Karfis MKarfis@ClarkHill.com

Represented by Hinshaw & Culbertson, LLP

Name Phone Fax E-Mail
Space Gregg David Minkin gminkin@hinshawlaw.com
Other Parties
No Logo Anonymized Party [5FA227D], Mediator

Represented by joneshacker.com Law Firm Placeholder

Name Phone Fax E-Mail
Space James E. Hacker +1 518 783 3843 +1 518 783 8101 jhacker@joneshacker.com
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit Personal Inj. Prod. Liability
Jurisdiction Diversity
Case Status closed
Jury Demand Both
Monetary Demand $90,000
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 60 Filed: 7/17/2017, Entered: 7/18/2017
Mail Returned as Undeliverable regarding the # 55 Order sent to F76E797 via certified mail at the address of 510 Loney Wheatley Road Lexington, TN 38351. Envelope marked "Forward Time EXP - RTN to Sender." Article No. 7015 3010 0001 4974 6929. (mc)
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Legal Document (Payment Possibly Required) 59 Filed: 7/10/2017, Entered: 7/11/2017
Mail Returned as Undeliverable regarding the # 57 Judgment sent to F76E797 via certified mail at the address of 510 Loney Wheatley Road Lexington, TN 38351. Envelope marked "Forward Time EXP - RTN to Sender." (mc)
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Legal Document (Payment Possibly Required) 58 Filed: 7/5/2017, Entered: 7/6/2017
Mail Returned as Undeliverable regarding the # 57 Judgment sent to F76E797 via regular mail at the address of 510 Loney Wheatley Road Lexington, TN 38351. Envelope marked "Forward Time EXP - RTN to Sender." (mc)
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Legal Document (Payment Possibly Required) 57 Filed: 6/28/2017, Entered: 6/28/2017 Court Filing
JUDGMENT: IT IS ORDERED AND ADJUDGED that in the above entitled action, the Report-Recommendation of the Honorable Therese Wiley Dancks, filed May 05, 2017, is APPROVED and ADOPTED in its entirety; IT IS FURTHER ORDERED that the case is DISMISSED and judgment is entered in favor of the Defendants as against the Plaintiff, in accordance with the ORDER of the Honorable Lawrence E. Kahn, U. S. District Judge, dated June 12, 2017. (Copy served via regular and certified mail) (sas)
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Legal Document (Payment Possibly Required) 56 Filed: 6/26/2017, Entered: 6/27/2017
Mail Returned as Undeliverable regarding the # 55 Order sent to F76E797 via regular mail at the address of 510 Loney Wheatley Road Lexington, TN 38351. Envelope marked "Forward Time EXP - RTN to Sender." (mc)
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Legal Document (Payment Possibly Required) 55 Filed: 6/12/2017, Entered: 6/12/2017 Court Filing
ORDERED, that the Report-Recommendation (Dkt. No. 53) is APPROVED and ADOPTED in its entirety; and it is further ORDERED, that Plaintiffs complaint (Dkt. No. 2) is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(b). Signed by Senior Judge Lawrence E. Kahn on June 12, 2017.(Copy served via regular and certified mail)(sas)
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Legal Document (Payment Possibly Required) 54 Filed: 5/22/2017, Entered: 5/22/2017
Mail Returned as Undeliverable regarding the # 53 Report-Recommendation and Order sent to F76E797 via regular mail at the address of 103 Holly Street, Lexington TN 38351. Envelope marked "Return to Sender - Not Deliverable as Addressed - Unable to Forward." (mc)
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Blank  Filed: 5/5/2017, Entered: 5/5/2017
Set Deadlines: Objections to R&R due by 5/22/2017; Case Review Deadline 5/26/2017. (mc)
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Legal Document (Payment Possibly Required) 53 Filed: 5/5/2017, Entered: 5/5/2017
REPORT-RECOMMENDATION AND ORDER: It is RECOMMENDED that Plaintiff's complaint (Dkt. No. 2 ) be sua sponte DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b). It is ORDERED that the Clerk serve a copy of this Report-Recommendation and Order on Plaintiff to his address on file and at 103 Holly Street, Lexington, TN 38351, along with a copy of the unpublished decisions cited herein in accordance with the Second Circuit's decision in Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2009) (per curiam). Objections to R&R Deadline: 5/22/2017; Case Review Deadline: 5/26/2017. [Copy of Report-Recommendation and Order and unpublished decisions served upon pro se plaintiff at both 510 Loney Wheatley Road, Lexington TN 38351 and 103 Holly Street, Lexington TN 38351.] (mc) Modified on 5/5/2017 to change the event to Report-Recommendation as the Clerk could not select that event when originally filing. (mc)
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Legal Document (Payment Possibly Required) 52 Filed: 4/10/2017, Entered: 4/10/2017
Mail Returned as Undeliverable regarding the # 50 Text Order sent to F76E797 via regular mail at the address of 103 Holly Street, Lexington TN 38351. Envelope marked "Return to Sender - Not Deliverable as Addressed - Unable to Forward." (mc)
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Legal Document (Payment Possibly Required) 51 Filed: 4/3/2017, Entered: 4/3/2017
Mail Returned as Undeliverable regarding the # 50 TEXT ORDER sent to F76E797 via regular mail at the address of 510 Loney Wheatley Road Lexington, TN 38351. Envelope marked "Forward Time EXP - RTN to Sender." (mc)
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Blank 50 Filed: 3/27/2017, Entered: 3/27/2017 Court Filing
TEXT ORDER: Court has reviewed docket and notes that no new attorney has filed a notice of appearance on behalf of the Plaintiff and Plaintiff has failed to contact the Court regarding his current address and phone number. In view of his now pro se status, the Court will provide Plaintiff one more opportunity to contact the Court in writing by 4/28/2017 with a current address and telephone number and indicate whether he intends to pursue this case. Plaintiff's failure to so contact the Court may result in sanctions including a recommendation for dismissal for failure to follow Court Orders and failure to prosecute. The Clerk is directed to forward a copy of this Text Order to Plaintiff at both 510 Loney Wheatley Road, Lexington TN 38351 and 103 Holly Street, Lexington TN 38351 as shown on Dkt. Nos. 47 at 1 and 48 at 1. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/27/2017. (A copy of this Text Order has been served on pro se party(ies) via regular mail as noted above.)(sg)
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Blank  Filed: 3/14/2017, Entered: 3/14/2017
Set Deadlines/Hearings: Notice of Compliance Deadline 3/24/2017 - Plaintiff to report to the Court pursuant to Dkt. 44 and 46. (sg)
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Blank 49 Filed: 3/1/2017, Entered: 3/1/2017 Court Filing
TEXT ORDER : Court has received Dkts. 44 and 46 sent to Plaintiff F76E797 returned and marked as forwarding order expired with an address of 105 Holly Street, Lexington TN 38351 showing on the envelope. Clerk is directed to re-serve copies of Dkt. Nos. 44 and 46 on Plaintiff to the Lexington TN address. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/28/2017. (A copy of this Text Order, and Dkts. 44 and 46 have been served on pro se party(ies) via regular mail.)(sg)
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Legal Document (Payment Possibly Required) 48 Filed: 2/24/2017, Entered: 2/27/2017
Mail Returned as Undeliverable regarding the # 46 Text Order sent to F76E797 via regular mail at the address of 510 Loney Wheatley Road Lexington, TN 38351. Envelope marked "Forward Time EXP - RTN to Sender." (mc)
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Legal Document (Payment Possibly Required) 47 Filed: 2/24/2017, Entered: 2/27/2017
Mail Returned as Undeliverable regarding the # 44 Text Order sent to F76E797 via regular mail at the address of 510 Loney Wheatley Road Lexington, TN 38351. Envelope marked "Forward Time EXP - RTN to Sender." (mc)
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Blank 46 Filed: 2/17/2017, Entered: 2/17/2017 Court Filing
TEXT ORDER: Court has reviewed letter motion (Dkt. No. 45 ) requesting adjournment of the mediation deadline. All deadlines, which include the mediation deadline, were previously adjourned without new date per Dkt. No. 35 . Mediation and all other deadlines will be reset in the future if appropriate. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/17/2017. (A copy of this Text Order has been served on pro se party(ies) via regular mail.) (sg)
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Legal Document (Payment Possibly Required) 45 Filed: 2/16/2017, Entered: 2/16/2017 Court Filing
Letter Motion from Bishop Bartoni for Ameristep Corporation, Primal Vantage Company, Tashin Industrial Corp USA, Wal-Mart Stores, Inc. requesting 90 day adjournment of mediation completion date submitted to Judge Therese Wiley Dancks . (Bartoni, Bishop)
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Blank  Filed: 2/15/2017, Entered: 2/15/2017
TEXT NOTICE : Court previously had set a telephone status conference for 2/23/2017. However, in light of the Court's recent decision on the motion to withdraw of Plaintiff's counsel, the 2/23/2017 telephone conference is canceled and will be rescheduled, if necessary, once the issue of Plaintiff's representation has been resolved. (A copy of this text notice has been served on pro se party via regular mail.) (sg)
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Blank  Filed: 2/9/2017, Entered: 2/9/2017
Set Notice of Compliance Deadline: Plaintiff to notify the Court of new attorney or advise Court he is proceeding pro se by 3/13/2017. (sg)
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Blank 44 Filed: 2/9/2017, Entered: 2/9/2017 Court Filing
TEXT ORDER: Court has reviewed motion of Maynard, O'Connor, Smith & Catalinotto, LLP (Dkt. No. 36 ), requesting permission to withdraw as counsel for Plaintiff F76E797. The motion and notice of time to respond were properly served on Plaintiff. (Dkt. Nos. 38 , 42 , 43 .) No opposition has been received from Plaintiff, nor has Plaintiff contacted the Court, and the deadline to respond to the motion is expired. Defendants have not filed any opposition to the motion. Therefore, the motion (Dkt. No. 36 ) is granted for the reasons stated in Dkt. No. 36 . Plaintiff has 30 days from the date of this Text Order to notify the Court of his new attorney or notify the Court that he is proceeding pro se. If proceeding pro se, Plaintiff must notify the Court of a current address and phone number where he can be reached. Failure to notify the Court of such information within 30 days from the date of this Text Order may result in sanctions, including a recommendation that this action be dismissed for failure to prosecute, and failure to follow Court orders. The Clerk is directed to send a copy of this Text Order to the Plaintiff at the address listed in Dkt. No. 38 . SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/9/2017. (A copy of this Text Order has been served on pro se party(ies) via regular mail at the following address: 510 Loney Wheatley Road, Lexington Tennessee 38351) (sg)
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Legal Document (Payment Possibly Required) 43 Filed: 2/8/2017, Entered: 2/8/2017 Court Filing
STATUS REPORT to Judge Dancks by F76E797. (Stabinski, Alexander)
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Legal Document (Payment Possibly Required) 42 Filed: 1/27/2017, Entered: 1/27/2017
AFFIDAVIT of Service for Motion to Withdraw served on F76E797 on January 27, 2017, filed by F76E797. (Stabinski, Alexander)
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Blank 41 Filed: 1/25/2017, Entered: 1/25/2017 Court Filing
TEXT ORDER: Court has completed in camera review of affidavit submitted in support of the 36 Motion to withdraw, and Court grants letter motion (Dkt. No. 37 ) to file Affidavit in support of Motion to Withdraw under seal. Court has also reviewed the Plaintiff's Letter Motion filed at Dkt. 40 to submit a further attorney affidavit under seal in support of the 36 Motion to withdraw, which is granted. Plaintiff's counsel to submit affidavit to the Court under seal by 1/27/2017. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/25/2017. (sg)
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Legal Document (Payment Possibly Required) 40 Filed: 1/25/2017, Entered: 1/25/2017 Court Filing
Letter Motion from Bridget M. Schultz, Esq. for F76E797 requesting permission to submit UNDER SEAL supplemental attorney affidavit submitted to Judge Therese Wiley Dancks . (Schultz, Bridget) Modified on 1/25/2017 (sg).
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Legal Document (Payment Possibly Required) 39 Filed: 1/23/2017, Entered: 1/23/2017
NOTICE of Appearance by Stephanie I. Marino Anderson on behalf of All Defendants (Anderson, Stephanie)
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Legal Document (Payment Possibly Required) 38 Filed: 1/12/2017, Entered: 1/12/2017
AFFIDAVIT of Service re 37 Letter Motion for F76E797, 36 MOTION to Withdraw as Attorney filing Affidavit of Service showing proof of service upon plaintiff of Text Notice, proposed Order to Show Cause and Attorney Affidvavit upon plaintiff seeking to be relieved as counsel by F76E797. (Schultz, Bridget) Modified on 1/17/2017 (sg, ).
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Blank  Filed: 1/12/2017, Entered: 1/12/2017
TEXT NOTICE RE: 36 MOTION to Withdraw as Attorney : Motion returnable 2/16/2017 before Magistrate Judge Therese Wiley Dancks. Motion is ON SUBMIT, no personal appearances unless directed by the Court. Response to Motion due by 1/30/2017. No Reply permitted. Plaintiff's counsel is directed to serve a copy of this Text Notice upon Plaintiff and to file the certificate of service of this Text Notice upon Plaintiff with the Court.(sg)
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Blank  Filed: 1/12/2017, Entered: 1/12/2017
CLERK'S CORRECTION OF DOCKET ENTRIES : As to Dkt. 36 - Clerk has made a correction to the docket text to reflect that this filing is not a motion for preliminary injunction/order to show cause, but a motion to withdraw as counsel. The Court will set a briefing schedule for this motion in a separate text entry. Re: 37 Letter Request/Motion for permission to file affidavit in support of motion to withdraw under seal: original docket entry did not attach the letter. The letter has since been attached and counsel should review the docket to view the attachment. The affidavit has been submitted for in camera review by the Court. Court will issue a ruling on this in short order. (sg)
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Legal Document (Payment Possibly Required) 37 Filed: 1/11/2017, Entered: 1/12/2017 Court Filing
Letter Motion filed by Attorney Bridget M. Schultz, Esq. for F76E797 requesting that counsel be permitted to file under seal the Affidavit in support of 36 Motion to Withdraw as counsel for Plaintiff, submitted to Magistrate Judge Therese Wiley Dancks. (sg) (sg, ).
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Legal Document (Payment Possibly Required) 36 Filed: 1/11/2017, Entered: 1/11/2017
Motion to Withdraw as Counsel- by F76E797. (Attachments: # 1 Affidavit of Service)(Schultz, Bridget) Modified on 1/12/2017 (sg). (Additional attachment(s) added on 1/25/2017: # 2 Sealed Affidavit in support of Motion to Withdraw) (sg, ). (Additional attachment(s) added on 1/26/2017: # 3 Supplemental Attorney Affidavit) (sg, ).
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Blank 35 Filed: 1/10/2017, Entered: 1/10/2017 Court Filing
TEXT ORDER : The Court made the following rulings at the 1/10/2017 Telephone Conference: Plaintiff's counsel to file Motion to withdraw by 1/11/2017. Request to file exhibits under seal shall be sent directly to Judge Dancks' Courtroom Deputy Clerk at Suzanne_Gunter@nynd.uscourts.gov, an email address that is being provided for a one-time submission to the Court. IT IS FURTHER ORDERED, that Plaintiff's counsel shall file a certificate of service of the motion to withdraw upon Plaintiff and is to include the Plaintiff's address in the certificate. IT IS FURTHER ORDERED, in light of the filing of the motion to withdraw by Plaintiff's counsel, the Court denies Defendants' request (Dkt. No. 30 ) for destructive testing without prejudice, and adjourns all discovery deadlines until the resolution of the motion to withdraw. The date of Trial before District Judge Kahn remains as set at this time. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/10/2017. (sg)
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Sealed Legal Document  Filed: 1/10/2017, Entered: 1/10/2017
TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 1/10/2017. Appearances: Bridget Schultz, Esq. for Plaintiff; Milton Karfis, Esq. for Defendants. Conference held to address Defendant's letter motion for destructive testing of the subject tree stand (Dkt. No. 30 ). Plaintiff's counsel advises that they have been unable to reach Plaintiff to discuss this issue as well as other discovery matters, and have requested permission to file a motion to withdraw as counsel with attachments to be filed under seal. Court grants request; Motion to withdraw to be filed by 1/11/2017. Request to file exhibits under seal shall be sent directly to Judge Dancks' Courtroom Deputy Clerk at Suzanne_Gunter@nynd.uscourts.gov, an email address that is being provided for a one-time submission to the Court. In light of the filing of the motion to withdraw by Plaintiff's counsel, the Court denies Defendants' request (Dkt. No. 30 ) for destructive testing without prejudice, and adjourns all discovery deadlines until the resolution of the motion to withdraw. (Digitally Recorded)) (sg)
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Legal Document (Payment Possibly Required) 34 Filed: 1/6/2017, Entered: 1/6/2017
LETTER BRIEF Status Report re Destructive Testing (legal basis) by Ameristep Corporation, Primal Vantage Company, Tashin Industrial Corp USA, Wal-Mart Stores, Inc.. (Bartoni, Bishop)
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Blank 33 Filed: 1/5/2017, Entered: 1/5/2017 Court Filing
TEXT ORDER : Court has reviewed letter motion (Dkt. No. 32 ) for an extension of time to serve authorizations, which is granted. Plaintiff to serve authorizations by 1/9/2017. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/5/2017. (sg)
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Legal Document (Payment Possibly Required) 32 Filed: 1/4/2017, Entered: 1/4/2017
STATUS REPORT/LETTER REQUEST Regarding Destructive Testing by F76E797. (Schultz, Bridget) Modified on 1/4/2017 (sg ).
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Blank 31 Filed: 1/3/2017, Entered: 1/3/2017 Court Filing
TEXT ORDER : Court has reviewed Defendants' letter request/status report regarding destructive testing of the subject tree stand. Request for telephone conference granted. Telephone Conference set for 1/10/2017 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Defendants' counsel is directed to initiate the call and to contact Chambers at (315) 234-8618 ( the dedicated conference line) once all parties are on the line. IT IS FURTHER ORDERED, that Plaintiff is to file a status report by 1/6/2017 addressing Plaintiff's position on the issue of destructive testing. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/3/2017. (sg)
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Legal Document (Payment Possibly Required) 30 Filed: 1/3/2017, Entered: 1/3/2017
LETTER BRIEF/Letter Request Status Report re Destructive Testing by Ameristep Corporation, Primal Vantage Company, Tashin Industrial Corp USA, Wal-Mart Stores, Inc.. (Bartoni, Bishop) Modified on 1/3/2017 (sg).
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Blank 29 Filed: 12/16/2016, Entered: 12/16/2016
STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that 5FA227D, Esq. has been selected, contacted and has agreed to serve as Mediator for this action. IT IS FURTHER STIPULATED AND AGREED, that counsel will participate in the mediation session in good faith and confer with the Mediator regarding the scheduling of additional conferences, bearing in mind the deadline for completion of Mediation set forth in the Court's Order Referring the Case to Mediation. Stipulation signed by: Bridget M. Schultz, Esq. and Bishop Bartoni, Esq. and. Dated: December 15, 2016(Stabinski, Alexander)
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Legal Document (Payment Possibly Required) 28 Filed: 12/15/2016, Entered: 12/15/2016
LETTER BRIEF to the Hon. Therese Wiley Dancks advising that Mediation scheduled by F76E797. (Schultz, Bridget)
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Legal Document (Payment Possibly Required) 27 Filed: 12/15/2016, Entered: 12/15/2016
NOTICE of Appearance by Bridget M. Schultz on behalf of F76E797 (Schultz, Bridget)
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Legal Document (Payment Possibly Required) 26 Filed: 12/6/2016, Entered: 12/6/2016 Court Filing
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Therese Wiley Dancks on 12/6/2016. (sg)
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Legal Document (Payment Possibly Required) 25 Filed: 12/6/2016, Entered: 12/6/2016 Court Filing
STIPULATION Stipulated Protective Order by Ameristep Corporation, Primal Vantage Company, Tashin Industrial Corp USA, Wal-Mart Stores, Inc. submitted to Judge Dancks. (Bartoni, Bishop) Modified on 12/6/2016 (sg).
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Blank 24 Filed: 12/5/2016, Entered: 12/5/2016 Court Filing
TEXT ORDER : Court has reviewed Plaintiff's letter motion (Dkt. No. 20 ) for extension of time to provide medical authorizations to Defendants, which is granted. Plaintiff to provide medical authorizations by 1/3/2017. Court has also reviewed letter motions and reports (Dkt. Nos. 19 , 21 , and 22 ) regarding inspection and destructive testing of the subject tree stand. Defendants' letter motion (Dkt. No. 19 ) for permission to conduct destructive testing on 1/10/2017 is denied without prejudice at this time. Plaintiff's letter motion (Dkt. No. 21 ) requesting to have his expert examine the subject tree stand before any destructive testing is permitted is granted. Per Dkt. No. 22 , the initial inspection is ordered to be conducted on 12/9/2016. Plaintiff to thereafter consult with his expert and the parties must thereafter meet and confer regarding the destructive testing requested by Defendants. After said meet and confer, Defendants to file further status report on their request for destructive testing to the Court by 1/3/2017. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/5/2016. (sg)
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Blank 23 Filed: 12/5/2016, Entered: 12/5/2016 Court Filing
TEXT ORDER: Court has reviewed request to approve stipulated confidentiality order (Dkt. No. 18 ) which is denied without prejudice. Parties to add the following sentences to Paragraph No. 10.: "Any party intending to file a protected document under seal with the Court must first obtain permission from the Court by filing a request to file documents under seal. The Court retains discretion to determine whether there is good cause for filing information under seal." Parties should then resubmit the proposed stipulation to the Court for approval by 12/9/2016. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/5/2016. (sg)
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Legal Document (Payment Possibly Required) 22 Filed: 12/2/2016, Entered: 12/2/2016
LETTER BRIEF Status Report re CMC and Evidence Inspection by Ameristep Corporation, Primal Vantage Company, Tashin Industrial Corp USA, Wal-Mart Stores, Inc.. (Bartoni, Bishop)
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Legal Document (Payment Possibly Required) 21 Filed: 12/1/2016, Entered: 12/1/2016 Court Filing
Letter Motion from Alexander L. Stabinski, Esq. for F76E797 requesting objection to destructive testing submitted to Judge Dancks . (Stabinski, Alexander)
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Legal Document (Payment Possibly Required) 20 Filed: 11/30/2016, Entered: 11/30/2016 Court Filing
Letter Motion from Alexander L. Stabinski, Esq. for F76E797 requesting additional time to comply with scheduling order submitted to Judge Therese Wiley Dancks . (Gray, Justin)
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Legal Document (Payment Possibly Required) 19 Filed: 11/30/2016, Entered: 11/30/2016
LETTER BRIEF/Letter request Regarding Discovery Dispute by Ameristep Corporation, Primal Vantage Company, Tashin Industrial Corp USA, Wal-Mart Stores, Inc.. (Bartoni, Bishop) Modified on 11/30/2016 (sg).
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Legal Document (Payment Possibly Required) 18 Filed: 11/29/2016, Entered: 11/29/2016 Court Filing
STIPULATION Stipulated Protective Order by Ameristep Corporation, Primal Vantage Company, Tashin Industrial Corp USA, Wal-Mart Stores, Inc. submitted to Judge Dancks. (Karfis, Milton)
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Blank  Filed: 11/17/2016, Entered: 11/17/2016
TEXT NOTICE OF TELEPHONE CONFERENCE: A Telephone Status Conference has been set for 2/23/2017 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Defendants' counsel is directed to coordinate the call and to contact Chambers at (315) 234-8618 (the dedicated conference line) once all parties to the call are on the line. (sg)
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Legal Document (Payment Possibly Required) 17 Filed: 11/17/2016, Entered: 11/17/2016 Court Filing
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 12/15/2016. Deadline for completion of Mandatory Mediation is 3/17/2017. Signed by Magistrate Judge Therese Wiley Dancks on 11/17/2016. (sg)
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Legal Document (Payment Possibly Required) 16 Filed: 11/17/2016, Entered: 11/17/2016 Court Filing
UNIFORM PRETRIAL SCHEDULING ORDER: Rule 33 and 34 Request to be served by 11/23/2016. Joinder of Parties due by 1/20/2017. Amended Pleadings due by 2/13/2017. Discovery due by 10/16/2017. Discovery Motions due by 10/23/2017. Dispositive Motions to be filed by 12/19/2017. Jury Trial set for 3/19/2018 at 9:30 AM in Albany before Senior Judge Lawrence E. Kahn. Anticipated length of trial: 7 days. Signed by Magistrate Judge Therese Wiley Dancks on 11/17/2016. (sg)
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Blank  Filed: 11/17/2016, Entered: 11/17/2016
TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 11/17/2016. Appearances: Alexander Stabinski, Esq. for Plaintiff; Gregg Minkin, Esq., Stephanie Anderson, Esq. for Defendants. Court advises Attorney Anderson that she must file an attorney appearance in the case to continue appearing at court conferences. If Ms. Anderson is not admitted in the Northern District, then she must make an application for permanent admission or a motion should be filed on her behalf for her admission pro hac vice. Civil Case Management Plan reviewed. Defendants to file status report by 12/2/2016 advising the court of the date of inspection of the product. Court instructs parties on procedure for submitting a stipulated confidentiality order. If the parties will require such an order, they should submit it to the Court for approval by 12/16/2016 so that discovery is not held up. Plaintiff to serve signed authorizations on defendant by 12/2/2016. ( Status Report due by 12/2/2016.) (digitally recorded) (sg)
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Legal Document (Payment Possibly Required) 15 Filed: 11/10/2016, Entered: 11/10/2016
CIVIL CASE MANAGEMENT PLAN by F76E797. (Attachments: # 1 Certificate of Service)(Stabinski, Alexander)
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Legal Document (Payment Possibly Required) 14 Filed: 11/2/2016, Entered: 11/2/2016
NOTICE of Appearance by Bishop A.L.E. Bartoni on behalf of All Defendants (Bartoni, Bishop)
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Legal Document (Payment Possibly Required) 13 Filed: 11/2/2016, Entered: 11/2/2016
NOTICE of Appearance by Milton S. Karfis on behalf of All Defendants (Karfis, Milton)
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Legal Document (Payment Possibly Required) 12 Filed: 10/24/2016, Entered: 10/24/2016
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Ameristep Corporation. (Minkin, Gregg)
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Legal Document (Payment Possibly Required) 11 Filed: 10/24/2016, Entered: 10/24/2016
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Wal-Mart Stores, Inc.. (Minkin, Gregg)
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Legal Document (Payment Possibly Required) 10 Filed: 10/24/2016, Entered: 10/24/2016
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Primal Vantage Company. (Minkin, Gregg)
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Legal Document (Payment Possibly Required) 9 Filed: 10/24/2016, Entered: 10/24/2016
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Tashin Industrial Corp USA. (Minkin, Gregg)
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Legal Document (Payment Possibly Required) 8 Filed: 10/21/2016, Entered: 10/21/2016
ANSWER to Complaint by Wal-Mart Stores, Inc..(Minkin, Gregg)
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Legal Document (Payment Possibly Required) 7 Filed: 10/21/2016, Entered: 10/21/2016
Amended ANSWER to Complaint by Ameristep Corporation, Primal Vantage Company, Tashin Industrial Corp USA.(Minkin, Gregg)
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Legal Document (Payment Possibly Required) 6 Filed: 10/21/2016, Entered: 10/21/2016
NOTICE of Appearance by Gregg D. Minkin on behalf of All Defendants (Minkin, Gregg)
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Blank 5 Filed: 10/20/2016, Entered: 10/20/2016 Court Filing
TEXT ORDER : Court has reviewed Answer (Dkt. No. 4 ). Court notes that it is filed on behalf of ALL defendants, but Attorney Minkin did not previously appear for Defendant Walmart. Additionally, the introductory paragraph of the Answer indicates the office of "Clark Hill, PLC" (see Dkt. No. 4 at 1) for Defendants and the signature (and docket) indicates "White Fleischner & Fino, LLP" (see id. at 18). Attorney Minkin to file a notice of appearance by 10/27/2016 clarifying all parties he represents and what law firm is the correct firm representing Defendants. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/20/2016. (sg)
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Legal Document (Payment Possibly Required) 4 Filed: 10/19/2016, Entered: 10/19/2016
ANSWER to Complaint by Ameristep Corporation, Primal Vantage Company, Tashin Industrial Corp USA.(Minkin, Gregg)
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Blank  Filed: 10/19/2016, Entered: 10/19/2016
***Answer due date updated for Ameristep Corporation answer due 10/25/2016; Primal Vantage Company answer due 10/25/2016; Tashin Industrial Corp USA answer due 10/25/2016. (hmr)
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Legal Document (Payment Possibly Required) 3 Filed: 10/18/2016, Entered: 10/19/2016 Court Filing
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 11/17/2016 at 09:30 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/10/2016. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr)
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Legal Document (Payment Possibly Required) 2 Filed: 10/18/2016, Entered: 10/19/2016
STATE COURT COMPLAINT filed by Ameristep Corporation, Primal Vantage Company, Tashin Industrial Corp USA. (hmr)
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Legal Document (Payment Possibly Required) 1 Filed: 10/18/2016, Entered: 10/19/2016
NOTICE OF REMOVAL from Fulton County Supreme Court, case number 04828 (Filing fee $400 receipt number 0206-3823475) filed by Tashin Industrial Corp USA, Ameristep Corporation, Primal Vantage Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(hmr)
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