Taylor v. Wal-Mart Stores East, Limited Partnership
| Mary Taylor |
| Wal-Mart Stores East, Limited Partnership |
| 3:2022cv00200 |
| February 3, 2022 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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Filing 20
SCHEDULING ORDER: Amended Pleadings due by 5/16/2022; Discovery due by 6/9/2023; Joint Trial Brief due by 7/24/2023; Jury Selection set for 9/6/2023 09:00 AM in Courtroom Three, 450 Main St., Hartford, CT before Judge Michael P. Shea Signed by Judge Michael P. Shea on 3/30/22.(Johnson, D.)
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Filing 19
ORDER. The Court has reviewed the defendant's notice (ECF No. 17) filed in response to the Court's order at ECF No. 11 regarding the defendant having inadequately pled the citizenship of both parties in its notice of removal (ECF No. 3). The Court now orders that the defendant file an additional notice, no later than April 6, 2022, that (1) specifies the place of incorporation and principal place of business of Wal-Mart, Inc. (or directs the Court to any prior filing that includes that information) and (2) reports on its efforts to identify the citizenship of the plaintiff.Signed by Judge Michael P. Shea on 3/30/2022. (Silva, Madeline)
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| Filing 18 Joint REPORT of Rule 26(f) Planning Meeting. (Sullivan, Ryan) |
| Filing 17 NOTICE by Wal-Mart Stores East, Limited Partnership Regarding Plaintiff's Citizenship (Blumberg, Michael) |
| Filing 16 NOTICE by Wal-Mart Stores East, Limited Partnership Of Service of Court Orders in Removed Cases (Springer, George) |
| Filing 15 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 Wal-Mart Stores East, Limited Partnership, #14 Protective Order, #4 Answer to Complaint filed by Wal-Mart Stores East, Limited Partnership, #9 Notice (Other) filed by Wal-Mart Stores East, Limited Partnership, #8 Notice of Appearance filed by Wal-Mart Stores East, Limited Partnership, #6 Notice (Other) filed by Wal-Mart Stores East, Limited Partnership, #2 Notice of Appearance filed by Wal-Mart Stores East, Limited Partnership, #3 Notice (Other) filed by Wal-Mart Stores East, Limited Partnership, #10 Notice (Other) filed by Wal-Mart Stores East, Limited Partnership, #7 Corporate Disclosure Statement, filed by Wal-Mart Stores East, Limited Partnership, 11 Order,,,,,,,,,,,, #5 Notice (Other) filed by Wal-Mart Stores East, Limited Partnership, #13 Electronic Filing Order, #12 Order on Pretrial Deadlines Signed by Clerk on 02/04/2022. (Attachments: #1 Standing Order on Removed Cases) (Peterson, M) |
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Filing 11
ORDER. The #3 Notice of Removal does not state an adequate basis for the Court's subject matter jurisdiction. "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 citizenship of both parties is inadequately pled, preventing the Court from verifying that it has subject matter jurisdiction over this case. More specifically, the Notice of Removal alleges only the place of organization and principal place of business of Wal-Mart Stores East, LP. But the citizenship of a limited partnership is determined by the citizenship of all the members of the limited partnership. See Carden v. Arkoma Assocs., 494 U.S. 185, 195-96 (1990) (holding that, for the purposes of diversity jurisdiction, a limited partnership takes the citizenship of all of its partners, and deciding to "adhere to [its] oft-repeated rule that diversity jurisdiction in a suit by or against the entity depends on the citizenship of all the members") (internal quotation marks omitted); see also Mudge Rose Guthrie Alexander & Ferdon v. Pickett, 11 F. Supp. 2d 449, 451 (S.D.N.Y. 1998) ("In Carden v. Arkoma Associates, the Supreme Court [held that limited partnerships are] citizens of every state of which any of their limited partners is a citizen notwithstanding the fact that limited partners have no role in management of and virtually no liability for the debts of the partnership."). Therefore, in order to allege diversity jurisdiction, the plaintiff must identify and allege the citizenship of all the members of Wal-Mart Stores East, LP, including any limited partners. In addition, the Notice of Removal alleges that the plaintiff "resides in" Connecticut, ECF No. 3 at 2, but neither the Notice of Removal 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 and of the defendant. 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 2/4/2022. (Silva, Madeline)
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Filing 14
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 02/03/2022. (Peterson, M)
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Filing 13
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 02/03/2022. (Peterson, M)
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Filing 12
Order on Pretrial Deadlines: Amended Pleadings due by 4/4/2022. Discovery due by 8/5/2022. Dispositive Motions due by 9/9/2022. Signed by Clerk on 02/03/2022. (Peterson, M)
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| Filing 10 NOTICE by Wal-Mart Stores East, Limited Partnership Corrected Notice of Appearance (Springer, George) |
| Filing 9 NOTICE by Wal-Mart Stores East, Limited Partnership Of Removal in State Court (Springer, George) |
| Filing 8 NOTICE of Appearance by Michael D. Blumberg on behalf of Wal-Mart Stores East, Limited Partnership (Blumberg, Michael) |
| Filing 7 Corporate Disclosure Statement by Wal-Mart Stores East, Limited Partnership identifying Other Affiliate Wal-Mart Stores East, Limited Partnership, Other Affiliate WSE Investment, LLC, Other Affiliate WSE Management, LLC for Wal-Mart Stores East, Limited Partnership. (Springer, George) |
| Filing 6 NOTICE by Wal-Mart Stores East, Limited Partnership of Statement Regarding Removed Cases (Springer, George) |
| Filing 5 NOTICE by Wal-Mart Stores East, Limited Partnership Pending Motions (Springer, George) |
| Filing 4 ANSWER to Complaint with Jury Demand by Wal-Mart Stores East, Limited Partnership.(Springer, George) |
| Filing 3 NOTICE by Wal-Mart Stores East, Limited Partnership Corrected Notice of Removal (Springer, George) |
| Filing 2 NOTICE of Appearance by George C. Springer, Jr on behalf of Wal-Mart Stores East, Limited Partnership (Springer, George) |
| Filing 1 ENTERED IN ERROR - SEE DOC. #3 FOR CORRECTED NOTICE OF REMOVAL by Wal-Mart Stores East, Limited Partnership from Hartford, case number HHD-CV22-6151348-S. Filing fee $ 402 receipt number ACTDC-6817262, filed by Wal-Mart Stores East, Limited Partnership.(Springer, George) Modified on 2/3/2022 (Walker, J.). |
| Judge Michael P. Shea added. (Oliver, T.) |
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| Plaintiff: Mary Taylor | |
| Represented By: | Ryan Sullivan |
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| Defendant: Wal-Mart Stores East, Limited Partnership | |
| Represented By: | George C. Springer, Jr. |
| Represented By: | Michael D. Blumberg |
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