Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Martino v. Gander Mountain Company

United States District Court, N.D. New York

June 22, 2018

EDWARD MARTINO, III Plaintiff,
v.
GANDER MOUNTAIN COMPANY, and JOHN and/or JANE DOE 1-10, said names being fictitious in nature, Defendants.

          MAINETTI, MAINETTI & O'CONNOR, P.C. ALEXANDER E. MAINETTI, ESQ. Attorneys for Plaintiff

          WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP MARK J. KAIM, ESQ. PETER A. LAURICELLA, ESQ. Attorneys for Defendant Gander Mountain Company

          MEMORANDUM-DECISION AND ORDER

          FREDERICK J. SCULLIN, JR. SENIOR UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         Pending before the Court is Defendant Gander Mountain Company ("Defendant")'s motion for summary judgment. See Dkt. No. 22.

         II. BACKGROUND

         Plaintiff originally filed this action against Defendant in Ulster County Supreme Court. Defendant removed the action to this Court on October 21, 2016, based on the Court's diversity jurisdiction, see 28 U.S.C. § 1332. See Dkt. No. 1 at 2.[1] In his complaint, Plaintiff asserts claims sounding in negligence and products liability against Defendant.[2]

         On March 10, 2017, Defendant filed for Chapter 11 protection in the United States Bankruptcy Court for the District of Minnesota. During a telephonic status conference in this case with Magistrate Judge Baxter on May 3, 2017, the parties agreed that, in light of the bankruptcy filing, this actions was automatically stayed. Magistrate Judge Baxter directed Defendant's counsel to notify the Court once the bankruptcy proceeding had been resolved or if the automatic stay were lifted. See Text Minute Entry dated May 3, 2017; Dkt. No. 16, Text Order Staying Case.

         In a letter dated March 5, 2018, Defendant's counsel notified the Court that, "[o]n January 26, 2018, the U.S. Bankruptcy Court for the District of MN approved [Defendant] Gander Mountain's plan of distribution and dissolution. As such, all claims against [Defendant] Gander Mountain are discharged, and [Defendant] Gander Mountain should be dismissed from the case." See Dkt. No. 20 at 1. Defendant's counsel also informed the Court that Defendant intended to file a motion seeking dismissal of this action within three weeks. See Id. Magistrate Judge Baxter directed Defendant to file any dispositive motions or a further status report by April 13, 2018. See Dkt. No. 21.

         On April 11, 2018, Defendant filed the pending motion for summary judgment. See Dkt. No. 22. On May 7, 2018, the Court issued a Motion Scheduling Order, notifying counsel that the Court would hear oral argument in this case on June 18, 2018. See Motion Scheduling Notice dated May 7, 2018.[3]

         III. DISCUSSION

         A. Preliminary matter

         As noted, on September 21, 2016, Plaintiff commenced this action against Defendant and an unspecified number of John and/or Jane Doe Defendants in state court. Defendant removed the case to this Court on October 21, 2016, nearly twenty months ago. During this entire time, Plaintiff has never sought to amend his complaint to replace the John and Jane Doe Defendants with the actual names of the individuals who, he alleges, caused his injuries. In light of the passage of time and Plaintiff's failure to identify these individuals, the Court sua sponte dismisses Plaintiff's claims against all of the John and/or Jane Doe Defendants.

         B. Defendant's motion ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.