Rodriguez et al v. Rossi et al
Plaintiff: Khelley Simpkins and Ricardo Rodriguez
Defendant: Megabus Northeast, LLC and Anthony Rossi
Case Number: 3:2020cv00085
Filed: January 17, 2020
Court: US District Court for the District of Connecticut
Presiding Judge: Michael P Shea
Nature of Suit: P.I.: Other
Cause of Action: 28:1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on February 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 6, 2020 Filing 15 MOTION to Remand to State Court by Ricardo Rodriguez, Khelley Simpkins.Responses due by 2/27/2020 (Mather, Sarah)
February 6, 2020 Filing 14 NOTICE of Appearance by Sarah N. Mather on behalf of Ricardo Rodriguez, Khelley Simpkins (Mather, Sarah)
January 27, 2020 Filing 13 NOTICE by Megabus Northeast, LLC, Anthony Rossi re #1 Notice of Removal, (Revised Notice of Removal) (Attachments: #1 Summons & Complaint)(Vossler, Christopher)
January 20, 2020 Opinion or Order Filing 12 ORDER. The #1 notice of removal does not state an adequate basis for the Court's subject matter jurisdiction. "If subject matter jurisdiction is lacking and no party has called the matter to the court's attention, the court has the duty to dismiss the action sua sponte." Durant, Nichols, Houston, Hodgson & Cortese-Costa P.C. v. Dupont, 565 F.3d 56, 62 (2d Cir. 2009). Defendant assert that the Court has jurisdiction over this case under 28 U.S.C. 1332 because "Ricardo Rodriguez and Khelley Simpkins, are each citizens of Connecticut, the defendant, Megabus Northeast, LLC, is a New Jersey Corporation with its principal place of business in New Jersey, the defendant, Anthony Rossi, is a New Jersey resident, and the amount in controversy is greater than $75,000." (ECF No. 1. at 1-2.) But this statement fails to allege Mr. Rossi's citizenship. For individual parties, a complaint must allege either citizenship or domicile (from which the Court can infer citizenship). Alleging only residence is insufficient. See Leveraged Leasing Admin. Corp. v. PacifiCorp Capital, Inc., 87 F.3d 44, 46 (2d Cir. 1996) ("Because the complaint alleges only the residence, and not the citizenship, of some of the plaintiffs, we cannot determine whether diversity jurisdiction exists."); see also John Birch Soc. v. National Broadcasting Co., 377 F.2d 194, 199 (2d Cir. 1967) ("[I]t has long been held that a statement of residence, unlike domicile, tells the court only where the parties are living and not of which state they are citizens."). Because the #1 notice fails to state an adequate basis for the Court's jurisdiction, the Defendant is ordered to show cause within 14 days why this case should not be remanded to state court. Signed by Judge Michael P. Shea on 1/20/2020. (Karpman, Michael)
January 17, 2020 Filing 11 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 #10 Protective Order, #6 Notice (Other) filed by Megabus Northeast, LLC, Anthony Rossi, #4 Notice of Appearance filed by Megabus Northeast, LLC, Anthony Rossi, #7 Notice (Other) filed by Megabus Northeast, LLC, Anthony Rossi, #3 Notice (Other) filed by Megabus Northeast, LLC, Anthony Rossi, #2 Notice (Other) filed by Megabus Northeast, LLC, Anthony Rossi, #8 Order on Pretrial Deadlines, #1 Notice of Removal, filed by Megabus Northeast, LLC, Anthony Rossi, #9 Electronic Filing Order, #5 Jury Demand filed by Megabus Northeast, LLC, Anthony Rossi Signed by Clerk on 01/17/2020. (Attachments: #1 Standing Order on Removed Cases)(Peterson, M)
January 17, 2020 Opinion or Order Filing 10 STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 01/17/2020. (Peterson, M)
January 17, 2020 Opinion or Order Filing 9 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 01/17/2020. (Peterson, M)
January 17, 2020 Opinion or Order Filing 8 Order on Pretrial Deadlines: Amended Pleadings due by 3/17/2020. Discovery due by 7/18/2020. Dispositive Motions due by 8/22/2020. Signed by Clerk on 01/17/2020. (Peterson, M)
January 17, 2020 Judge Michael P. Shea added. (Nuzzi, Tiffany)
January 17, 2020 Filing 7 NOTICE by Megabus Northeast, LLC, Anthony Rossi re #1 Notice of Removal, (Notice to Counsel re Local Rule 5(b)) (Vossler, Christopher)
January 17, 2020 Filing 6 NOTICE by Megabus Northeast, LLC, Anthony Rossi re #1 Notice of Removal, (Compliance With Standing Order In Removed Cases) (Vossler, Christopher)
January 17, 2020 Filing 5 DEMAND for Trial by Jury by Megabus Northeast, LLC, Anthony Rossi. (Vossler, Christopher)
January 17, 2020 Filing 4 NOTICE of Appearance by Christopher M. Vossler on behalf of Megabus Northeast, LLC, Anthony Rossi (Vossler, Christopher)
January 17, 2020 Filing 3 NOTICE by Megabus Northeast, LLC, Anthony Rossi re #1 Notice of Removal, (Notice of Pending Motions) (Vossler, Christopher)
January 17, 2020 Filing 2 NOTICE by Megabus Northeast, LLC, Anthony Rossi re #1 Notice of Removal, (Certificate of Filing and Service of Notice of Removal) (Attachments: #1 Notice of Filing of Notice of Removal (Superior Court))(Vossler, Christopher)
January 17, 2020 Filing 1 NOTICE OF REMOVAL by Megabus Northeast, LLC, Anthony Rossi from Hartford Superior Court, case number HD7 HHD CV 20 6122036S. Filing fee $ 400 receipt number ACTDC-5643834, filed by Megabus Northeast, LLC, Anthony Rossi. (Attachments: #1 Summons & Complaint)(Vossler, Christopher)

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Plaintiff: Khelley Simpkins
Represented By: Sarah N. Mather
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Plaintiff: Ricardo Rodriguez
Represented By: Sarah N. Mather
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Defendant: Megabus Northeast, LLC
Represented By: Christopher M. Vossler
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Defendant: Anthony Rossi
Represented By: Christopher M. Vossler
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