Mancinone et al v. Allstate Insurance Company et al
| Kathleen Mancinone and Leonard Mancinone |
| Allstate Insurance Company and Kenneth Warner & Sons, Inc. |
| 3:2020cv00082 |
| January 16, 2020 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Michael P Shea |
| Insurance |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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| Filing 24 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Scheduling Conference set for 3/18/2020 at 2:30 PM before Judge Kari A. Dooley. Conference Line: (888) 278-0296; Access Code: 80-77-899. (Cahill, Leslie) |
Filing 23
ORDER. The Court has reviewed the Parties' #22 Rule 26(f) Report. A telephonic scheduling conference is set for 3/18/2020 at 2:30 P.M. Calendar entry to follow. Signed by Judge Kari A. Dooley on 3/13/2020. (Cahill, Leslie)
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| Filing 22 REPORT of Rule 26(f) Planning Meeting. (Demeo, Raymond) |
| Filing 21 First MOTION to Dismiss by Kenneth Warner & Sons, Inc..Responses due by 4/2/2020 (Attachments: #1 Memorandum in Support Memorandum of Law, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Vermette, Charles) |
| Filing 20 MOTION to Remand to State Court by Kathleen Mancinone, Leonard Mancinone.Responses due by 4/1/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Parrott, Brian) |
| Filing 19 NOTICE of Appearance by Charles E. Vermette, Jr on behalf of Kenneth Warner & Sons, Inc. (Vermette, Charles) |
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Filing 18
ORDER OF TRANSFER. Case reassigned to Judge Kari A. Dooley for all further proceedings. So ordered by Judge Robert N. Chatigny on 2/21/2020.(Pipech, L.)
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Filing 17
ORDER OF TRANSFER. Case reassigned to Judge Robert N. Chatigny for all further proceedings. Signed by Judge Michael P. Shea on 2/21/20.(Johnson, D.)
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Filing 16
ORDER. The parties' #15 joint motion for extension of time is GRANTED in part. The plaintiffs may file a motion to remand for lack of subject matter jurisdiction by March 18, 2020. The Court will not further extend this deadline. In addition, the Court notes that if the plaintiffs wish to move to remand the case on the basis of any defect other than lack of subject matter jurisdiction, such a motion must be made within 30 days of the removal. 28 U.S.C. 1447(c). The Court does not have authority under 1447(c) to remand "on procedural grounds either upon an untimely motion or sua sponte more than 30 days after removal." Hamilton v. Aetna Life & Cas. Co., 5 F.3d 642, 644 (2d Cir. 1993).If the motion to remand is denied, Defendant Allstate shall respond to the plaintiff's complaint within 21 days of the denial of the motion to remand. Signed by Judge Michael P. Shea on 1/29/2020. (Hausmann, Amy)
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| Filing 15 Joint MOTION for Extension of Time until March 18, 2020 Plaintiffs request that the time for them to file a Motion to Remand be extended to March 18, 2020, and Allstate requests that the time for it to file a responsive pleading to Plaintiffs complaint be extended to thirty (30) days after this Courts resolution of Plaintiffs anticipated Motion to Remand by Allstate Insurance Company. (Hamilton, Jessica) |
| Filing 14 NOTICE by Allstate Insurance Company STATEMENT IN COMPLIANCE WITH STANDING ORDER IN REMOVED CASES (Hamilton, Jessica) |
| Filing 13 NOTICE of Appearance by Leonard Merrill Isaac on behalf of Kathleen Mancinone, Leonard Mancinone (Isaac, Leonard) |
| Filing 12 STIPULATION OF PLAINTIFFS' CITIZENSHIP by Allstate Insurance Company. (Hamilton, Jessica) |
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Filing 11
ORDER. The #1 notice of removal states that plaintiffs "are individuals with a principal place of residence in Wolcott, Connecticut," but neither the #1 notice nor the [1-1] plaintiffs' state-court complaint makes any allegations regarding plaintiffs' citizenship, which is different from mere residence. To be a citizen of a state for the purposes of diversity jurisdiction, an individual "must both be a citizen of the United States and be domiciled within the State." Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 828 (1989). Defendant Allstate, as the removing party, "[bears] the burden of establishing that the requirements for diversity jurisdiction [are] met." Mehlenbacher v. Akzo Nobel Salt, Inc., 216 F.3d 291, 296 (2d Cir. 2000). Therefore, Allstate shall file within 14 days a statement on the docket alleging the citizenship of plaintiffs for the purposes of diversity jurisdiction; if it cannot do so, it may take limited discovery aimed at identifying the citizenship of the plaintiffs.Signed by Judge Michael P. Shea on 1/17/2020. (Hausmann, Amy)
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| Filing 10 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 of #4 Corporate Disclosure Statement, filed by Allstate Insurance Company, #7 Order on Pretrial Deadlines, #5 Notice (Other) filed by Allstate Insurance Company, #1 Notice of Removal, filed by Allstate Insurance Company, #9 Protective Order, #2 Notice of Appearance filed by Allstate Insurance Company, #3 Notice (Other) filed by Allstate Insurance Company, #8 Electronic Filing Order, #6 Notice of Appearance filed by Allstate Insurance Company Signed by Clerk on 01/17/2020. (Attachments: #1 Standing Order on Removed Cases)(Peterson, M) |
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Filing 9
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 01/16/2020. (Peterson, M)
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Filing 8
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 01/16/2020. (Peterson, M)
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Filing 7
Order on Pretrial Deadlines: Amended Pleadings due by 3/16/2020. Discovery due by 7/17/2020. Dispositive Motions due by 8/21/2020. Signed by Clerk on 01/16/2020. (Peterson, M)
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| Filing 6 NOTICE of Appearance by Raymond T. Demeo on behalf of Allstate Insurance Company (Demeo, Raymond) |
| Filing 5 NOTICE by Allstate Insurance Company TO ADVERSE PARTY OF REMOVAL TO FEDERAL COURT (Hamilton, Jessica) |
| Filing 4 Corporate Disclosure Statement by Allstate Insurance Company identifying Corporate Parent Allstate Insurance Holdings, LLC, Corporate Parent The Allstate Corporation, Corporate Parent Allstate Insurance Company for Allstate Insurance Company. (Hamilton, Jessica) |
| Filing 3 NOTICE by Allstate Insurance Company OF PENDING MOTIONS (Hamilton, Jessica) |
| Filing 2 NOTICE of Appearance by Jessica A.R. Hamilton on behalf of Allstate Insurance Company (Hamilton, Jessica) |
| Filing 1 NOTICE OF REMOVAL by Allstate Insurance Company from Connecticut Superior Court, case number UWY-CV-20-6052193-S. Filing fee $ 400 receipt number ACTDC-5642583, filed by Allstate Insurance Company. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Return of Service, #3 Exhibit C - Declarations)(Hamilton, Jessica) |
| Judge Michael P. Shea added. (Oliver, T.) |
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