Smith v. Home Depot U.S.A., Inc.
| Pamela Smith |
| Home Depot U.S.A., Inc. |
| 1:2023cv00294 |
| May 25, 2023 |
| US District Court for the District of New Hampshire |
| Landya B McCafferty |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on December 19, 2023. A more recent docket listing may be available from PACER.
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Case reassigned to Chief Judge Landya B. McCafferty. Reason for Reassignment: not all parties consent to the assignment of this case to the magistrate judge. The new case designation is: 23-cv-294-LM. Please show this number with the correct judge designation on all further pleadings.(kad)
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Filing 14
NO CONSENT to Jurisdiction by U.S. Magistrate Judge. Because not all parties to the case consent to the assignment of a United States Magistrate Judge for all purposes including trial, pursuant to Fed. R. Civ. P. 73, 28 U.S.C. sec. 636(c), and Local Rule 73.1(b)(2), the case will be assigned to a United States District Judge. Clerk Daniel J. Lynch. (Mahan, Kathleen)
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ENDORSED ORDER granting #13 MOTION to Stay the Case Management Conference and Discovery Deadlines. Text of Order: Granted to the extent that the motion seeks to continue the preliminary pretrial conference scheduled for July 6, 2023. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b) to after the rescheduled pretrial conference. Accordingly, the July 6, 2023 preliminary pretrial conference is cancelled and will be rescheduled after resolution of the pending motion to dismiss. So Ordered by US Magistrate Judge Andrea K Johnstone.(kad)
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ENDORSED ORDER granting: #12 Assented to MOTION to Extend Time to Object/Respond to 11 MOTION to Dismiss for Failure to State a Claim to 08/03/20223. Text of Order: Granted So Ordered by US Magistrate Judge Andrea K Johnstone.Follow up on Objection on 8/3/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (bd)
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Filing 13
MOTION to Stay the Case Management Conference and Discovery Deadlines filed by Home Depot U.S.A., Inc..Follow up on Objection on 7/10/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Proposed Order Ex A - Proposed Order)(Mahan, Kathleen)
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Filing 12
Assented to MOTION to Extend Time to Object/Respond to #11 MOTION to Dismiss for Failure to State a Claim to 08/03/20223 filed by Pamela Smith.(King, Benjamin)
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ENDORSED ORDER granting: #10 Assented to MOTION for Sidney Stewart Haskins, II, Esq. to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices. (bd)
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Filing 11
MOTION to Dismiss for Failure to State a Claim filed by Home Depot U.S.A., Inc.. HEARING REQUESTED. If no consent form has yet been filed, the plaintiff is required to file a consent on or before the date of filing an objection to this Motion.Follow up on Objection on 7/6/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). MJ Consent Form Due 7/6/2023. (Attachments: #1 Memorandum of Law Memorandum of Law in Support of Motion to Dismiss)(Mahan, Kathleen)
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Filing 10
Assented to MOTION for Sidney Stewart Haskins, II, Esq. to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2393348.) filed by Home Depot U.S.A., Inc.. (Attachments: #1 Exhibit (Affidavit) Ex A - Affidavit of Sidney Stewart Haskins, II, Esq.)(Mahan, Kathleen)
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Filing 9
NOTICE of Attorney Appearance by Matthew A. Girardi on behalf of Pamela Smith Attorney Matthew A. Girardi added to party Pamela Smith(pty:pla).(Girardi, Matthew)
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Filing 8
NOTICE of Attorney Appearance by Philip Lawrence Fraietta on behalf of Pamela Smith Attorney Philip Lawrence Fraietta added to party Pamela Smith(pty:pla).(Fraietta, Philip)
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ENDORSED ORDER granting: #7 Assented to MOTION for Matthew A. Girardi to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices. (bd)
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ENDORSED ORDER granting: #6 Assented to MOTION for Philip L. Fraietta to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices. (bd)
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Filing 7
Assented to MOTION for Matthew A. Girardi to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2388690.) filed by Pamela Smith. (Attachments: #1 Exhibit (Affidavit) A- Affidavit of Matthew Girardi)(King, Benjamin)
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Filing 6
Assented to MOTION for Philip L. Fraietta to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2388688.) filed by Pamela Smith. (Attachments: #1 Exhibit (Affidavit) A- Affidavit of Philip Fraietta)(King, Benjamin)
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NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 7/6/2023 10:30 AM before US Magistrate Judge Andrea K Johnstone. Follow up on Discovery Plan 6/29/2023. If no consent form has been filed, a consent form is due on or before the deadline for filing the discovery plan.(kad)
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ENDORSED ORDER granting #2 Joint Assented to MOTION to Extend Time to Answer to June 22, 2023. Text of Order: Granted. So Ordered by US Magistrate Judge Andrea K Johnstone. (kad)
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Filing 5
Certified Copies of State Court Record. State Court Case No. 2023-CV-00234, Hillsborough (Northern District) County Superior Court(Mahan, Kathleen)
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NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE.(ed)
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Filing 3
Disclosure Statement by Home Depot U.S.A., Inc. disclosing a parent company, no publicly traded company, and no merger agreement. (Mahan, Kathleen)
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Filing 2
Joint Assented to MOTION to Extend Time to Answer to June 22, 2023 filed by Home Depot U.S.A., Inc.. (Attachments: #1 Proposed Order Proposed Order Granting Joint Motion for Extension)(Mahan, Kathleen)
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Filing 4
NOTICE of Assignment to U.S. Magistrate Judge and Consent Form sent to all parties. MJ Consent Form Due 7/14/2023.(ed)
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Case assigned to US Magistrate Judge Andrea K Johnstone. The case designation is: 1:23-cv-294-AJ. Please show this number with the judge designation on all future pleadings.
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Filing 1
NOTICE OF REMOVAL with Jury Demand from State of New Hampshire Hillsborough Superior Court Northern District, case number 216-2023-CV-234 (filing fee $402, receipt number ANHDC-2383337) filed by Home Depot U.S.A., Inc.. Answer Follow Up on 6/15/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 6/8/2023. (Attachments: #1 Exhibit Ex A. - State Court Summons, Complaint, etc., #2 Exhibit Ex B - Notice to Counsel of Removal, #3 Exhibit Ex C - Notice of Removal to State Court Clerk, #4 Civil Cover Sheet)(Mahan, Kathleen)
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| Plaintiff: Pamela Smith | |
| Represented By: | Benjamin T. King |
| Represented By: | Matthew A. Girardi |
| Represented By: | Philip Lawrence Fraietta |
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| Defendant: Home Depot U.S.A., Inc. | |
| Represented By: | Kathleen M. Mahan |
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