Getzinger v. Wal-Mart Inc. et al
Plaintiff: Ronna Getzinger
Defendant: Wal-Mart, Inc, Wal-Mart Stores East, Limited Partnership and Wal-Mart Associates, Inc
Case Number: 3:2020cv00682
Filed: May 15, 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: None
Docket Report

This docket was last retrieved on July 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2020 Filing 20 REPLY to Response to #17 MOTION to Remand to State Court filed by Ronna Getzinger. (Sorrentino, Bradley)
June 30, 2020 Filing 19 OBJECTION re #17 MOTION to Remand to State Court filed by Wal-Mart Associates, Inc, Wal-Mart Stores East, Limited Partnership, Wal-Mart, Inc. (Attachments: #1 Exhibit A - Emailed Settlement Demand, #2 Exhibit B - Email Stipulation re Citizenship, #3 Exhibit C - Jurisdictional Discovery Requests, #4 Exhibit D - Unreported Decision)(Blumberg, Michael)
June 29, 2020 Filing 18 Proposed REPORT of Rule 26(f) Planning Meeting. (Blumberg, Michael)
June 10, 2020 Filing 17 MOTION to Remand to State Court by Ronna Getzinger.Responses due by 7/1/2020 (Sorrentino, Bradley)
May 29, 2020 Filing 16 ANSWER to Complaint (Notice of Removal) With Affirmative Defenses by Wal-Mart Associates, Inc, Wal-Mart Stores East, Limited Partnership, Wal-Mart, Inc.(Blumberg, Michael)
May 28, 2020 Filing 15 NOTICE by Wal-Mart Associates, Inc, Wal-Mart Stores East, Limited Partnership, Wal-Mart, Inc re 13 Order,,,,,,, Regarding Plaintiff's Citizenship (Blumberg, Michael)
May 18, 2020 Filing 14 NOTICE by Wal-Mart Associates, Inc, Wal-Mart Stores East, Limited Partnership, Wal-Mart, Inc re #8 Notice of Appearance, #2 Notice of Appearance, #6 Notice (Other), #5 Notice (Other), #3 Notice of Appearance, #7 Corporate Disclosure Statement, #1 Notice of Removal, #4 Notice (Other) Of Service of Court Orders in Removed Cases (Blumberg, Michael)
May 18, 2020 Opinion or Order Filing 13 ORDER. In their #1 notice of removal, the defendants allege diversity jurisdiction under 28 U.S.C. 1332. Courts have an "independent duty to examine [their] jurisdiction." United Food & Commercial Workers Union, Local 919 v. Centermark Props. Meriden Square, 30 F.3d 298, 301 (2d Cir. 1994). "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). The Court does not find sufficient allegations to support diversity jurisdiction. The #1 notice and the plaintiff's [1-1] complaint allege that she is a "resident" of Connecticut, ECF No. 1 at 2, but no document makes any allegations regarding the plaintiff's 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)."[T]he party who seeks the exercise of jurisdiction" in federal courts "must allege in his pleading the facts essential to show jurisdiction." McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936). Therefore, within 14 days, Defendants shall file a statement on the docket setting forth the citizenship of the plaintiff. If the defendants cannot do so, they may take limited discovery aimed at identifying citizenship. Failure to respond to this order will result in a remand of this case for lack of subject matter jurisdiction. Signed by Judge Michael P. Shea on 5/18/2020. (Hausmann, Amy)
May 18, 2020 Filing 12 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 Electronic Filing Order, #8 Notice of Appearance filed by Wal-Mart Stores East, Limited Partnership, Wal-Mart Associates, Inc, Wal-Mart, Inc, #2 Notice of Appearance filed by Wal-Mart Stores East, Limited Partnership, Wal-Mart Associates, Inc, Wal-Mart, Inc, #6 Notice (Other) filed by Wal-Mart Stores East, Limited Partnership, Wal-Mart Associates, Inc, Wal-Mart, Inc, #5 Notice (Other) filed by Wal-Mart Stores East, Limited Partnership, Wal-Mart Associates, Inc, Wal-Mart, Inc, #9 Order on Pretrial Deadlines, #3 Notice of Appearance filed by Wal-Mart Stores East, Limited Partnership, Wal-Mart Associates, Inc, Wal-Mart, Inc, #7 Corporate Disclosure Statement, filed by Wal-Mart Stores East, Limited Partnership, #1 Notice of Removal, filed by Wal-Mart Stores East, Limited Partnership, Wal-Mart Associates, Inc, Wal-Mart, Inc, #11 Protective Order, #4 Notice (Other) filed by Wal-Mart Stores East, Limited Partnership, Wal-Mart Associates, Inc, Wal-Mart, Inc Signed by Clerk on 05/18/2020. (Attachments: #1 Standing Order on Removed Cases) (Peterson, M)
May 18, 2020 Filing 8 NOTICE of Appearance by Michael D. Blumberg on behalf of Wal-Mart Associates, Inc, Wal-Mart Stores East, Limited Partnership, Wal-Mart, Inc (Blumberg, Michael)
May 15, 2020 Opinion or Order Filing 11 STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 05/15/2020. (Peterson, M)
May 15, 2020 Opinion or Order Filing 10 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 05/15/2020. (Peterson, M)
May 15, 2020 Opinion or Order Filing 9 Order on Pretrial Deadlines: Amended Pleadings due by 7/14/2020. Discovery due by 11/14/2020. Dispositive Motions due by 12/19/2020. Signed by Clerk on 05/15/2020. (Peterson, M)
May 15, 2020 Judge Michael P. Shea added. (Oliver, T.)
May 15, 2020 Filing 7 Corporate Disclosure Statement by Wal-Mart Associates, Inc., Wal-Mart Inc., Wal-Mart Stores East, Limited Partnership identifying Corporate Parent Walmart, Inc. for Wal-Mart Associates, Inc.; Other Affiliate WSE Investment, LLC, Other Affiliate WSE Management, LLC for Wal-Mart Stores East, Limited Partnership. (Springer, George)
May 15, 2020 Filing 6 NOTICE by Wal-Mart Associates, Inc., Wal-Mart Inc., Wal-Mart Stores East, Limited Partnership Defendant's Statement Regarding Removed Case (Springer, George)
May 15, 2020 Filing 5 NOTICE by Wal-Mart Associates, Inc., Wal-Mart Inc., Wal-Mart Stores East, Limited Partnership of Pending Motions (Springer, George)
May 15, 2020 Filing 4 NOTICE by Wal-Mart Associates, Inc., Wal-Mart Inc., Wal-Mart Stores East, Limited Partnership Certificate of Filing Copy of Notice of Removal in State Court (Springer, George)
May 15, 2020 Filing 3 NOTICE of Appearance by George C. Springer, Jr on behalf of Wal-Mart Associates, Inc., Wal-Mart Inc., Wal-Mart Stores East, Limited Partnership (Springer, George)
May 15, 2020 Filing 2 NOTICE of Appearance by George C. Springer, Jr on behalf of Wal-Mart Associates, Inc., Wal-Mart Inc., Wal-Mart Stores East, Limited Partnership (Springer, George)
May 15, 2020 Filing 1 NOTICE OF REMOVAL by Wal-Mart Associates, Inc., Wal-Mart Stores East, Limited Partnership, Wal-Mart Inc. from New Haven Superior Court, case number NNH-CV20-6103658-S. Filing fee $ 400 receipt number ACTDC-5860763, filed by Wal-Mart Associates, Inc., Wal-Mart Stores East, Limited Partnership, Wal-Mart Inc.. (Attachments: #1 Exhibit A)(Springer, George)

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Defendant: Wal-Mart, Inc
Represented By: George C. Springer, Jr.
Represented By: Michael D. Blumberg
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Defendant: Wal-Mart Stores East, Limited Partnership
Represented By: George C. Springer, Jr.
Represented By: Michael D. Blumberg
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Defendant: Wal-Mart Associates, Inc
Represented By: George C. Springer, Jr.
Represented By: Michael D. Blumberg
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Plaintiff: Ronna Getzinger
Represented By: Bradley L. Sorrentino
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