Duarte v. Corbin Avenue CVS, Inc.
| Patricia Duarte |
| Corbin Avenue CVS, Inc. |
| 3:2020cv00913 |
| July 2, 2020 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 19 MOTION to Amend/Correct Complaint by Patricia Duarte.Responses due by 9/16/2020 (Attachments: #1 Amended Complaint Redlined, #2 Amended Complaint)(Bush, David) |
| Filing 18 MOTION to Substitute Party Defendant by Patricia Duarte. (Bush, David) |
| Filing 17 NOTICE of Appearance by Mario K. Cerame on behalf of Patricia Duarte (Cerame, Mario) |
| Set Deadlines/Hearings: Amended Pleadings due by 9/24/2020; Discovery due by 10/19/2021; Joint Trial Brief due by 12/3/2021; Jury Selection set for 1/5/2022 09:00 AM in Courtroom Two, 450 Main St., Hartford, CT before Judge Michael P. Shea (Johnson, D.) |
Filing 16
SCHEDULING ORDER. The Court orders the deadlines set forth in the attached.Signed by Judge Michael P. Shea on 8/10/2020. (Hausmann, Amy)
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| Filing 15 Joint REPORT of Rule 26(f) Planning Meeting. (Han, Young) |
| Filing 14 Joint NOTICE by Corbin Avenue CVS, Inc. re 12 Order,,,,,,, STATEMENT OF PLAINTIFF'S CITIZENSHIP (Han, Young) |
| Filing 13 NOTICE of Appearance by David William Bush on behalf of Patricia Duarte (Bush, David) |
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Filing 12
ORDER. In its #1 notice of removal, the defendant alleges 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 plaintiff's complaint alleges that she is a "resident" of Connecticut, ECF No. 1-1 at 5, but neither the complaint nor any other 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, Defendant shall file a statement on the docket setting forth the citizenship of the plaintiff. If the defendant cannot do so, it 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 7/15/2020. (Hausmann, Amy)
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| Filing 11 CERTIFICATE OF SERVICE by Corbin Avenue CVS, Inc. re #3 Electronic Filing Order, #4 Protective Order, #2 Order on Pretrial Deadlines, #5 Electronic Service Documents, (Han, Young) |
| Filing 10 ANSWER to Complaint (Notice of Removal) by Corbin Avenue CVS, Inc..(Han, Young) |
| Filing 9 Corporate Disclosure Statement by Corbin Avenue CVS, Inc.. (Han, Young) |
| Filing 8 NOTICE by Corbin Avenue CVS, Inc. Certification Pursuant to Local Rule Standing Order (Han, Young) |
| Filing 7 NOTICE by Corbin Avenue CVS, Inc. of Pending Motions (Han, Young) |
| Filing 6 NOTICE of Appearance by Young B. Han on behalf of Corbin Avenue CVS, Inc. (Han, Young) |
| Filing 5 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 #3 Electronic Filing Order, #4 Protective Order, #2 Order on Pretrial Deadlines, #1 Notice of Removal, filed by Corbin Avenue CVS, Inc. Signed by Clerk on 07/07/2020. (Attachments: #1 Standing Order on Removed Cases) (Peterson, M) |
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 07/02/2020. (Peterson, M)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 07/02/2020. (Peterson, M)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 8/31/2020. Discovery due by 1/1/2021. Dispositive Motions due by 2/5/2021. Signed by Clerk on 07/02/2020. (Peterson, M)
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| Judge Michael P. Shea added. (Nuzzi, Tiffany) |
| Filing 1 NOTICE OF REMOVAL by Corbin Avenue CVS, Inc. from New Britain Superior, case number HHB-CV20-6060568-S. Filing fee $ 400 receipt number ACTDC-5951703, filed by Corbin Avenue CVS, Inc.. (Attachments: #1 Exhibit Complaint, Summons, Return of Service, #2 Exhibit Corporate summary - Corbin Avenue CVS, #3 Exhibit Corporate summary - Connecticut CVS)(Han, Young) |
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| Defendant: Corbin Avenue CVS, Inc. | |
| Represented By: | Young B. Han |
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| Plaintiff: Patricia Duarte | |
| Represented By: | David William Bush |
| Represented By: | Mario K. Cerame |
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