Allard v. Lowe's Home Centers, LLC
| Janine Allard |
| Lowe's Home Centers, LLC |
| 3:2022cv00179 |
| February 1, 2022 |
| US District Court for the District of Connecticut |
| Charles S Haight |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| None |
Docket Report
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Filing 10
ELECTRONIC ORDER ON SUBJECT MATTER JURISDICTION. The Court has reviewed the #9 Affidavit of Lowe's Home Centers, LLC in Support of Removal to Federal Court and has determined that the Court does possess "diversity of citizenship" subject matter jurisdiction pursuant to 28 U.S.C. 1332(a). According to the #9 Affidavit, Defendant Lowe's Home Centers is a limited liability company with a "sole member," Lowe's Companies, Inc., a North Carolina corporation with its principal place of business located in North Carolina. A corporation is "deemed to be a citizen of every State... by which it has been incorporated and of the State... where it has its principal place of business," 28 U.S.C. 1332(c)(1); and "a limited liability company... takes the citizenship of each of its members," Bayerische Landesbank, New York Branch v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012) (emphasis added). Therefore, Defendant is a citizen of North Carolina. According to the #1 Notice of Removal, Plaintiff Janine Allard is and was "[a]t all times relevant,... a citizen of the state of Connecticut." Doc. #1 (citing Ex. A, the state court Summons and Complaint). Moreover, the Court ordered Plaintiff to file an affidavit with this Court on or before March 7, 2022, if she "contests Lowe's characterization of her citizenship as Connecticut and/or the total amount of her requested damages as exceeding $75,000, exclusive or interest and costs," the jurisdictional minimum under 28 U.S.C. 1332 (a). Plaintiff has filed no such contesting affidavit and the March 7, 2022, deadline has expired. Under these circumstances, the Court finds that the citizenship of the removing Defendant Lowe's (North Carolina) is diverse from that of Plaintiff Allard (Connecticut) and the amount in controversy exceeds the "sum or value of $75,000, exclusive of interest and costs." Accordingly, the Court possesses diversity of citizenship subject matter jurisdiction under 28 U.S.C. 1332(a). The STAY of the case is LIFTED. Pursuant to Local Civil Rule 26(f), the parties must "confer for the purposes described in Fed. R. Civ. P. 26(f)" on or before April 19, 2022, and within fourteen (14) days thereafter, on or before May 3, 2022, "jointly complete and file a report in the form prescribed by Form 26(f), which appears in the Appendix to [the Local] Rules." D. Conn. L. Civ. R. 26(f). In addition, Defendant must answer or respond to the Complaint on or before April 19, 2022. Signed by Judge Charles S. Haight, Jr. on March 17, 2022. (Dorais, L.)
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| Filing 9 AFFIDAVIT re #1 Notice of Removal Signed By Paul W. Lombardi filed by Lowe's Home Centers, LLC. (Hall, Gina) |
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Filing 8
ORDER ON SUBJECT MATTER JURISDICTION (see attached). In order to determine whether it has subject matter jurisdiction in this action, the Court hereby ORDERS that on or before March 7, 2022, Defendant must establish, by affidavit, its citizenship for diversity purposes as of the date this action was commenced in state court, January 24, 2022, and the date Defendant removed the action to this Court, February 1, 2022. Also, if Plaintiff contests Defendant's characterization of her citizenship as Connecticut and/or the total amount of her requested damages as exceeding $75,000, exclusive of interest and costs, she must file an affidavit so stating by March 7, 2022. Case deadlines for Defendant to file an answer or response to the Complaint and for the parties to meet and confer to draft their "Report of Rule 26(f) Planning Meeting" are hereby STAYED pending the Court's determination on subject matter jurisdiction. If the Court determines that it has subject matter jurisdiction, the action will proceed. If the Court lacks subject matter jurisdiction, it will remand the action to state court for further proceedings. Signed by Judge Charles S. Haight, Jr. on February 11, 2022. (Dorais, L.)
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| Filing 7 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 #6 Electronic Filing Order, #5 Order on Pretrial Deadlines, #4 Notice (Other) filed by Lowe's Home Centers, LLC, #3 Notice (Other) filed by Lowe's Home Centers, LLC, #2 Notice of Appearance filed by Lowe's Home Centers, LLC, #1 Notice of Removal filed by Lowe's Home Centers, LLC Signed by Clerk on 2/2/2022. (Attachments: #1 Standing order on removed cases)(Imbriani, Susan) |
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Charles S. Haight, Jr on 2/1/2022.(Imbriani, Susan)
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Filing 5
Order on Pretrial Deadlines: Amended Pleadings due by 4/2/2022, Discovery due by 8/3/2022, Dispositive Motions due by 9/7/2022. Signed by Clerk on 2/1/2022.(Imbriani, Susan)
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| Filing 4 NOTICE by Lowe's Home Centers, LLC re #1 Notice of Removal Statement Filed Pursuant to Standing Order in Removed Cases (Hall, Gina) |
| Filing 3 NOTICE by Lowe's Home Centers, LLC re #1 Notice of Removal of No Pending Motions (Hall, Gina) |
| Filing 2 NOTICE of Appearance by Gina M. Hall on behalf of Lowe's Home Centers, LLC (Hall, Gina) |
| Filing 1 NOTICE OF REMOVAL by Lowe's Home Centers, LLC from Middletown Superior Court, case number MMX-CV22-6033369-S. Filing fee $ 402 receipt number ACTDC-6812636, filed by Lowe's Home Centers, LLC.(Hall, Gina) |
| Judge Charles S. Haight, Jr added. (Walker, J.) |
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| Plaintiff: Janine Allard | |
| Represented By: | Paul A. Morello, Jr. |
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| Defendant: Lowe's Home Centers, LLC | |
| Represented By: | Gina M. Hall |
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