Garcia v. Altice Technical Services, LLC
| Jose Garcia |
| Altice Technical Services, LLC doing business as Optimum |
| 3:2021cv00522 |
| April 15, 2021 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 22
NOTICE of Appearance by Joseph William Fazzino on behalf of Altice Technical Services, LLC (Fazzino, Joseph)
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Filing 21
Joint REPORT of Rule 26(f) Planning Meeting. (Shea, James)
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Filing 20
ANSWER to Complaint (Notice of Removal) by Altice Technical Services, LLC.(Shea, James)
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Filing 19
DEMAND for Trial by Jury by Jose Garcia. (Bochanis, John)
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Filing 18
ORDER granting #17 Motion for Extension of Time until May 24, 2021 to respond to complaint. Signed by Judge Jeffrey A. Meyer on 4/27/2021. (Freberg, B)
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Answer deadline updated for Altice Technical Services, LLC to 5/24/2021. (Freberg, B)
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Filing 17
Amended MOTION for Extension of Time until May 24, 2021 to Respond to Plaintiff's Complaint 13 Order on Motion for Extension of Time,,,, by Altice Technical Services, LLC. (Shea, James)
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Filing 16
Amended NOTICE by Altice Technical Services, LLC re #15 Notice of Removal, 14 Order to Show Cause,,,,,,, Revised Statement Regarding Removal (Shea, James)
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Filing 15
NOTICE OF REMOVAL by Altice Technical Services, LLC from Connecticut Superior Court, JD of Fairfield at Bridgeport, case number FBT-CV21-6105694-S. Filing fee $ 402 receipt number ACTDC-6484367, filed by Altice Technical Services, LLC.(Shea, James)
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Filing 14
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE REMANDED TO STATE COURT. Defendant has filed a notice of removal contending that there is federal diversity jurisdiction under 28 U.S.C. 1332 and claiming that defendant "Altice Technical Services US, LLC ('ATS') is a limited liability corporation incorporated in Delaware with its principal place of business in the state of New York." Doc. #1 at 2. The defendant, however, references an exhibit attachment that provides incorporation for a company with a different name ("Altice Technical Services U.S. Corp.") than either the name identified in the caption of the complaint ("Altice Technical Services, LLC") or in defendant's own notice of removal ("Altice Technical Services US, LLC"). In addition, having claimed that the defendant is a limited liability company, defendant's notice of removal incorrectly claims that the defendant's state of citizenship should be adjudged by reference to its state of incorporation and principal place of business rather than by reference to the state of citizenship of each and every member of the limited liability company. See See, e.g., Bayerische Landesbank, New York Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012); Handelsman v. Bedford Village Ltd. Partnership, LLC, 213 F.3d 48, 51-52 (2d Cir. 2000). Defendant's notice of removal fails to identify the members of the limited liability compay. Nor does defendants notice of removal explain the citizenship of the alleged successor company, CSC Holdings, LLC. Defendant may file any response to this order to show cause on or before April 26, 2021, and the Court is likely to remand this action in the absence of a clear showing of a basis for federal jurisdiction. It is so ordered. Signed by Judge Jeffrey A. Meyer on 4/19/2021.(Freberg, B)
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Filing 13
ORDER DENYING MOTION FOR EXTENSION OF TIME WITHOUT PREJUDICE TO FILING A MOTION THAT COMPLIES WITH THE COURTS RULES. The Court DENIES without prejudice defendant's motion for extension of time (Doc. #[7)]. The motion states that "[p]laintiff's counsel has been contacted, however at the time of this filing, Defendant has been unable to ascertain Plaintiff's position on the granting of this Motion." Doc. #7 at 2. This statement does not satisfy the requirement of D. Conn. Local Rule 7(b) which requires that a motion for extension of time either state the position of opposing counsel or state that "despite diligent effort, including making the inquiry in sufficient time to afford non-movant a reasonable opportunity to respond, the movant cannot ascertain the position(s) of the non-movant(s)." The motion fails to state any facts suggesting diligent effort or that plaintiff's counsel was allowed a sufficient time to respond. It is so ordered. Signed by Judge Jeffrey A. Meyer on 4/19/2021. (Freberg, B)
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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 #4 Notice (Other) filed by Altice Technical Services, LLC, #5 Notice (Other), filed by Altice Technical Services, LLC, #2 Notice of Appearance filed by Altice Technical Services, LLC, #11 Notice, #6 Corporate Disclosure Statement, filed by Altice Technical Services, LLC, #3 Notice (Other), filed by Altice Technical Services, LLC, #1 Notice of Removal, filed by Altice Technical Services, LLC, #9 Electronic Filing Order, #10 Protective Order, #7 MOTION for Extension of Time until May 24, 2021 to Respond to Plaintiff's Complaint #1 Notice of Removal, filed by Altice Technical Services, LLC, #8 Order on Pretrial Deadlines Signed by Clerk on 4//16/2021. (Attachments: #1 Standing Order on Removed Cases)(Freberg, B)
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Set Deadlines:. Rule 26 Meeting Report due by 5/3/2021 (Gutierrez, Y.)
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Filing 11
NOTICE re Initial Discovery Protocols. Signed by Clerk on 4/15/2021. (Attachments: #1 Discovery Attachment)(Freberg, B)
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Filing 10
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 4/15/2021.(Freberg, B)
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Filing 9
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 4/15/2021.(Freberg, B)
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Filing 8
Order on Pretrial Deadlines: Amended Pleadings due by 6/14/2021 Discovery due by 10/15/2021 Dispositive Motions due by 11/19/2021 Signed by Clerk on 4/16/2021.(Freberg, B)
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Judge Jeffrey A. Meyer added. (Nuzzi, Tiffany)
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Filing 7
MOTION for Extension of Time until May 24, 2021 to Respond to Plaintiff's Complaint #1 Notice of Removal, by Altice Technical Services, LLC. (Shea, James)
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Filing 6
Corporate Disclosure Statement by Altice Technical Services, LLC identifying Corporate Parent Altice USA, Inc., Other Affiliate Cablevision Systems Corporation, Other Affiliate CSC Holdings, LLC for Altice Technical Services, LLC . (Shea, James) Modified on 4/15/2021 to correct party(Hushin, Z.).
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Filing 5
NOTICE by Altice Technical Services, LLC re #1 Notice of Removal, Statement Regarding Removal (Attachments: #1 Exhibit A - Altice Secretary of State Filing, #2 Exhibit B - CSC Holdings Secretary of State Filing, #3 Exhibit C - CableVision Secretary of State Filing)(Shea, James) Modified on 4/15/2021 to correct party(Hushin, Z.).
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Filing 4
NOTICE by Altice Technical Services, LLC re #1 Notice of Removal, Notice of No Pending Motions (Shea, James) Modified on 4/15/2021 to correct party (Hushin, Z.).
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Filing 3
NOTICE by Altice Technical Services, LLC re #1 Notice of Removal, Certificate of Filing and Service of Petition for Removal (Attachments: #1 Exhibit A - CT Superior Court Notice of Filing Removal)(Shea, James) Modified on 4/15/2021 to correct party (Hushin, Z.).
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Filing 2
NOTICE of Appearance by James F. Shea on behalf of Altice Technical Services, LLC (Shea, James) Modified on 4/15/2021 to correct party (Hushin, Z.).
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Filing 1
NOTICE OF REMOVAL by Altice Technical Services, LLC from Connecticut Superior Court, JD of Fairfield at Bridgeport, case number Docket Number Not Assigned Yet. Filing fee $ 402 receipt number ACTDC-6472701, filed by Altice Technical Services, LLC. (Attachments: #1 Exhibit A - CT Superior Court Complaint, #2 Exhibit B - Altice Secretary of State Filing)(Shea, James) Modified on 4/15/2021 to correct party (Hushin, Z.).
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| Plaintiff: Jose Garcia | |
| Represented By: | John T. Bochanis |
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| Defendant: Altice Technical Services, LLC doing business as Optimum | |
| Represented By: | James F. Shea |
| Represented By: | Joseph William Fazzino |
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