Wilson v. Kyocera Document Solutions of New England, Inc.
| Bobby Wilson |
| Kyocera Document Solutions of New England, Inc. |
| 3:2021cv00610 |
| May 4, 2021 |
| US District Court for the District of Connecticut |
| Janet C Hall |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 28, 2021. A more recent docket listing may be available from PACER.
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| Filing 27 Minute Entry for proceedings held before Judge Thomas O. Farrish: Telephonic Pre-Settlement Conference held on 6/28/2021. Time 10 minutes (Wood, R.) |
Filing 26
ORDER: A settlement conference is scheduled on August 9, 2021 at 1:00 p.m. with Judge Farrish. Please see attached order for important instructions. Signed by Judge Thomas O. Farrish on 6/28/21.(Wood, R.)
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Filing 24
ORDER: Telephonic pre-settlement conference set for June 28, 2021 at 2:00 p.m. before Judge Thomas O. Farrish. Please call in to the Court's conference call line at 1-888-557-8511 and enter the pass code of 4478772# when prompted. A date for the settlement conference will be set during the telephone call. Because the parties will likely be ordered to attend the conference, either in-person or via videoconference, counsel are instructed to obtain their client's schedules over the next ninety days and have them available during the pre-conference. Counsel should also have their own calendars available to aid in scheduling. During the telephone call, counsel should be prepared to discuss what, if any, information needs to be exchanged and anything else that needs to be accomplished prior to the settlement conference to maximize its chances of success. If either counsel has a firm, unavoidable conflict at the appointed date and time, e.g., a previously-scheduled appearance in another court, s/he should not file a motion for continuance on the docket but rather should call Chambers at 860-240-3605 as soon as possible with opposing counsel on the line to work out an alternate day and time for the pre-conference with Judge Farrish's law clerk. Signed by Judge Thomas O. Farrish on 6/21/21.(Wood, R.)
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Filing 25
SCHEDULING ORDER re: Case Management PlanAmended Pleadings due by 6/30/2021. Discovery due by 4/4/2022. Dispositive Motions due by 6/3/2022. Status Report due by 9/17/2021. Trial Brief due by 6/3/2022. Signed by Judge Janet C. Hall on 6/17/2021. (Reis, Julia)
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Filing 23
ORDER REFERRING CASE to Magistrate Judge Thomas O. Farrish for Settlement Conference. SO ORDERED by Judge Janet C. Hall on 6/17/2021. (DeRubeis, B.)
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Filing 22
NOTICE TO COUNSEL re #21 Response to Order to Show Cause. The court determines, upon review of the defendant's response, that there is diversity jurisdiction. SO ORDERED by Judge Janet C. Hall on 6/16/2021. (DeRubeis, B.)
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| Filing 21 RESPONSE TO 17 Order to Show Cause,,,,,,, by Kyocera Document Solutions of New England, Inc. filed by Kyocera Document Solutions of New England, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bovee, Tanya) |
| Filing 20 REPORT of Rule 26(f) Planning Meeting. (Theriault, Justin) |
| Filing 19 ANSWER to Complaint (Notice of Removal) AND AFFIRMATIVE DEFENSES by Kyocera Document Solutions of New England, Inc..(Bovee, Tanya) |
| Filing 18 NOTICE of Appearance by Justin E. Theriault on behalf of Kyocera Document Solutions of New England, Inc. (Theriault, Justin) |
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Filing 17
ORDER TO SHOW CAUSE: In its Notice of Removal ("Notice") (Doc. No. 1), Defendant Kyocera Document Solutions of New England, Inc. ("Kyocera") states that it is a Massachusetts corporation with "a" principal place of business in Massachusetts. Notice at para. 5. In light of Plaintiff Bobby Wilson's ("Wilson") allegation that Kyocera has "a Connecticut place of business," Complaint at para. 3 (Doc. No. 1-1), Kyocera's use of the indefinite article "a" causes the court to question whether the principal place of business for Kyocera is located in Massachusetts. See Hertz Corp. v. Friend, 559 U.S. 77, 93 (2010) ("A corporation's 'nerve center,' usually its main headquarters, is a single place."). Further, the Notice alleges that Wilson is a "resident of Connecticut." Notice at para. 4. However, domicile-not residence-determines an individual's citizenship for the purposes of diversity jurisdiction. Palazzo ex rel. Delmage v. Corio, 232 F.3d 38, 42 (2d Cir. 2000). Finally, the Notice alleges that "[t]he matter in controversy is alleged to exceed the sum or value of $75,000." Notice at para. 7. However, Wilson's Complaint merely states that "[t]he amount in demand exceeds $15,000", without alleging salary or other information from which the court could reasonably infer that the matter exceeds $75,000. Complaint at 6.In light of the foregoing, the defendant is hereby ORDERED to show in supplemental briefing by June 15, 2021, that diversity of citizenship exists between the parties and that the amount in controversy exceeds $75,000. Plaintiff will have 7 days from the date of the defendant's filing to submit any response. SO ORDERED by Judge Janet C. Hall on 6/8/2021. (Show Cause Response due by 6/15/2021) (DeRubeis, B.)
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Filing 16
ORDER granting #6 MOTION for Extension of Time until June 10, 2021 In Which to Respond to Complaint. SO ORDERED by Judge Janet C. Hall on 6/7/2021. (Lewis, D)
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| Set Deadlines/Hearings: Rule 26 Meeting Report due by 6/17/2021 (Lewis, D) |
| Answer deadline updated for Kyocera Document Solutions of New England, Inc. to 6/10/2021. (Lewis, D) |
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Filing 15
NOTICE TO COUNSEL/PRO SE LITIGANTS: PLEASE READ AND COMPLY WITH ATTACHED INITIAL DISCOVERY PROTOCOLS WHICH ARE IN EFFECT FOR THIS CASE. SO ORDERED by Judge Janet C. Hall on 5/21/2021.(Lewis, D)
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| Filing 14 DEMAND for Trial by Jury by Bobby Wilson. (Reilly, Michael) |
| Filing 13 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 #1 Notice of Removal, filed by Kyocera Document Solutions of New England, Inc., #2 Notice of Appearance filed by Kyocera Document Solutions of New England, Inc., #3 Notice (Other) filed by Kyocera Document Solutions of New England, Inc., #4 Notice (Other) filed by Kyocera Document Solutions of New England, Inc., #5 Notice (Other) filed by Kyocera Document Solutions of New England, Inc., #6 MOTION for Extension of Time until June 10, 2021 In Which to Respond to Complaint filed by Kyocera Document Solutions of New England, Inc., #7 Corporate Disclosure Statement filed by Kyocera Document Solutions of New England, Inc., #8 Order on Pretrial Deadlines, #9 Electronic Filing Order, #10 Standing Protective Order, #11 Standing Order re: Discovery, #12 NOTICE re Initial Discovery Protocols Signed by Clerk on 5/4/2021. (Attachments: #1 Standing Order on Removals)(Reis, Julia) |
| Filing 12 NOTICE re Initial Discovery Protocols Signed by Clerk on 5/4/2021. (Attachments: #1 Discovery Attachment)(Reis, Julia) |
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Filing 11
Standing Order re: Discovery Signed by Judge Janet C. Hall on 5/4/2021. (Reis, Julia)
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Filing 10
STANDING PROTECTIVE ORDER Signed by Judge Janet C. Hall on 5/4/2021. (Reis, Julia)
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Filing 9
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Janet C. Hall on 5/4/2021. (Reis, Julia)
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Filing 8
Order on Pretrial Deadlines: Amended Pleadings due by 7/3/2021. Discovery due by 11/3/2021. Dispositive Motions due by 12/8/2021. Signed by Clerk on 5/4/2021. (Reis, Julia)
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| Filing 7 Corporate Disclosure Statement by Kyocera Document Solutions of New England, Inc. identifying Corporate Parent Kyocera Document Solutions of New England, Inc. for Kyocera Document Solutions of New England, Inc.. (Bovee, Tanya) |
| Filing 6 MOTION for Extension of Time until June 10, 2021 In Which to Respond to Complaint by Kyocera Document Solutions of New England, Inc.. (Bovee, Tanya) |
| Filing 5 NOTICE by Kyocera Document Solutions of New England, Inc. of Certificate of Filing and Service of Petition for Removal (Attachments: #1 Exhibit A)(Bovee, Tanya) |
| Filing 4 NOTICE by Kyocera Document Solutions of New England, Inc. of Statement Regarding Removal (Bovee, Tanya) |
| Filing 3 NOTICE by Kyocera Document Solutions of New England, Inc. Of Pending Motions (Bovee, Tanya) |
| Filing 2 NOTICE of Appearance by Tanya Ann Bovee on behalf of Kyocera Document Solutions of New England, Inc. (Bovee, Tanya) |
| Filing 1 NOTICE OF REMOVAL by Kyocera Document Solutions of New England, Inc. from Superior Court-J.D. of Hartford, case number HHD-cv21-6140429-S. Filing fee $ 402 receipt number ACTDC-6494335, filed by Kyocera Document Solutions of New England, Inc.. (Attachments: #1 Exhibit A)(Bovee, Tanya) |
| Judge Janet C. Hall added. (Oliver, T.) |
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| Defendant: Kyocera Document Solutions of New England, Inc. | |
| Represented By: | Tanya Ann Bovee |
| Represented By: | Justin E. Theriault |
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| Plaintiff: Bobby Wilson | |
| Represented By: | Michael John Reilly |
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