Marron v. Walmart, Inc. et al
Plaintiff: James Marron
Defendant: Walmart, Inc., Walmart Stores East, LP and Walmart Real Estate Business Trust
Case Number: 3:2020cv01101
Filed: August 4, 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 August 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 10, 2020 Filing 11 RESPONSE re 10 Order,,,,,,, re Domicile and Citizenship of Plaintiff filed by Walmart Real Estate Business Trust, Walmart Stores East, LP, Walmart, Inc.. (Kenney, Michael)
August 7, 2020 Opinion or Order Filing 10 ORDER. In its #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 plaintiff's complaint alleges that she is a "resident" of Connecticut, 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, Defendants 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 8/7/2020. (Hausmann, Amy)
August 7, 2020 Filing 9 Corporate Disclosure Statement by Walmart Real Estate Business Trust, Walmart Stores East, LP, Walmart, Inc. identifying Corporate Parent Walmart, Inc. for Walmart Real Estate Business Trust, Walmart Stores East, LP. (Kenney, Michael)
August 7, 2020 Filing 8 NOTICE by Walmart Real Estate Business Trust, Walmart Stores East, LP, Walmart, Inc. Statement of no Pending Motions (Kenney, Michael)
August 7, 2020 Filing 7 RESPONSE re #5 Electronic Service Documents,, Response to 5-1 - Standing Order for Cases Removed from Superior Court filed by Walmart Real Estate Business Trust, Walmart Stores East, LP, Walmart, Inc.. (Kenney, Michael)
August 7, 2020 Filing 6 NOTICE of Appearance by Michael P. Kenney on behalf of Walmart Real Estate Business Trust, Walmart Stores East, LP, Walmart, Inc. (Kenney, Michael)
August 5, 2020 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, #1 Notice of Removal, filed by Walmart Stores East, LP, Walmart Real Estate Business Trust, Walmart, Inc., #2 Order on Pretrial Deadlines, #4 Protective Order Signed by Clerk on 08/05/2020. (Attachments: #1 Standing Order on Removed Cases) (Peterson, M)
August 4, 2020 Opinion or Order Filing 4 STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 08/04/2020.(Peterson, M)
August 4, 2020 Opinion or Order Filing 3 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 08/04/2020. (Peterson, M)
August 4, 2020 Opinion or Order Filing 2 Order on Pretrial Deadlines: Amended Pleadings due by 10/3/2020. Discovery due by 2/3/2021. Dispositive Motions due by 3/10/2021. Signed by Clerk on 08/04/2020. (Peterson, M)
August 4, 2020 Judge Michael P. Shea added. (Nuzzi, Tiffany)
August 4, 2020 Filing 1 NOTICE OF REMOVAL by Walmart Real Estate Business Trust, Walmart Stores East, LP, Walmart, Inc. from Connecticut Superior Court, J.D. of New Haven at New Haven, case number NNH-CV20-6105796-S. Filing fee $ 400 receipt number ACTDC-6012198, filed by Walmart Real Estate Business Trust, Walmart Stores East, LP, Walmart, Inc.. (Attachments: #1 Exhibit A - State Court Summons, #2 Exhibit B - State Court Complaint, #3 Exhibit C Notice of Removal Filed in State Court)(Kenney, Michael)

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Defendant: Walmart, Inc.
Represented By: Michael P. Kenney
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Defendant: Walmart Stores East, LP
Represented By: Michael P. Kenney
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Defendant: Walmart Real Estate Business Trust
Represented By: Michael P. Kenney
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Plaintiff: James Marron
Represented By: Anastasios T. Savvaides
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