Alicea v. Walgreens Eastern Co., Inc.
| Max Alicea |
| Walgreens Eastern Co., Inc. |
| 3:2022cv00264 |
| February 14, 2022 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on May 5, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 Plaintiff's Opposition re #18 MOTION to Dismiss filed by Max Alicea. (Carr, Dave) |
| Filing 21 MOTION for Summary Judgment by Max Alicea.Responses due by 5/17/2022 (Carr, Dave) |
| Filing 20 MOTION to Strike #18 MOTION to Dismiss the Action for Non-Compliance with the Court's April 5, 2022 Order by Max Alicea.Responses due by 5/17/2022 (Carr, Dave) |
| Filing 19 Memorandum in Support re #18 MOTION to Dismiss the Action for Non-Compliance with the Court's April 5, 2022 Order filed by Walgreens Eastern Co., Inc.. (Goodrich, Shane) |
| Filing 18 MOTION to Dismiss the Action for Non-Compliance with the Court's April 5, 2022 Order by Walgreens Eastern Co., Inc..Responses due by 5/16/2022 (Goodrich, Shane) |
| Filing 17 AMENDED COMPLAINT against Walgreens Eastern Co., Inc., filed by Max Alicea. (Attachments: #1 Attachments)(Carr, Dave) |
| Filing 16 Memorandum by Max Alicea (Carr, Dave) |
| Set Deadline: Amended complaint due by 4/20/2022 (Barry, Donna) |
Filing 15
ORDER DENYING MOTIONS TO COMPEL DISCOVERY (Docs. #11, 12). The plaintiff Max Alicea has filed two motions to require the defendant Walgreens Eastern Company to provide him with certain documents, names of employees, and other information related to this action. Rule 26(a)(1) of the Federal Rules of Civil Procedure requires parties to provide one another with initial disclosures of information that the disclosing party may use to support its claims or defenses, including the names of individuals with discoverable information and copies of documents, "at or within 14 days after the parties' Rule 26(f) conference unless a different time is set by stipulation or court order." Because the parties in this case have not yet held a 26(f) conference and no stipulation or court order requires earlier production of initial disclosures, the Court DENIES as premature the motions to compel discovery. It is so ordered. Signed by Judge Jeffrey A. Meyer on 04/05/2022. (Gilles, E.)
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Filing 14
ORDER GRANTING MOTION FOR A MORE DEFINITE STATEMENT (Doc. #8). Rule 8(a)(2) of the Federal Rules of Civil Procedure requires a plaintiff seeking relief in federal court to provide "a short and plain statement of the claim showing that the pleader is entitled to relief." The complaint filed by plaintiff Max Alicea in this action alleges that unnamed individuals at his former place of employment, the defendant Walgreens Eastern Company, falsely accused Alicea of theft, forced him to resign from a management position, and then made false statements about the reason for his termination. Doc. #1 at 9-10. The complaint seeks damages for lost wages, retaliation, and defamation, but does not identify with particularity who at Walgreens accused Alicea of theft, who forced him to resign, or who made the statement about the reason for his termination. Id. at 11. Nor does the complaint articulate any common law or statutory cause of action under which Alicea can sue to recover damages for his lost wages. Rule 12(e) of the Federal Rules of Civil Procedure provides that "[a] party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response." The motion "must point out the defects complained of and the details desired." Walgreens Eastern Company has moved pursuant to Rule 12 to require Alicea to file an amended complaint that "(i) clearly and unambiguously pleads the facts that give rise to this matter; (ii) identifies the cause(s) of action that he is asserting, including the common law or statutory basis for his claim(s); [and] (iii) identifies which facts he alleges support the cause(s) of action he is asserting." Doc. #8 at 1. Because the complaint as filed does not comply with Rule 8(a)(2) insofar as it does not identify the individuals responsible for the alleged conduct and fails to articulate any legal basis for granting relief, the Court GRANTS the motion by defendant Walgreens Eastern Company for a more definite statement (Doc. #8). The Court intends to dismiss this action pursuant to Rule 12(e) unless plaintiff files an amended complaint that complies with Rule 8 on or before April 20, 2022. The amended complaint must also state its claims "in numbered paragraphs, each limited as far as practicable to a single set of circumstances," as required by Rule 10(b) of the Federal Rules of Civil Procedure. It is so ordered. Signed by Judge Jeffrey A. Meyer on 04/05/2022. (Gilles, E.)
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| Filing 13 REPLY to Response to #12 MOTION to Compel, #11 MOTION to Dismiss Defendant's Opposition to Plaintiff's Motion to Compel and Motion to Dismiss filed by Walgreens Eastern Co., Inc.. (Goodrich, Shane) |
| Filing 12 MOTION to Compel by Max Alicea.Responses due by 3/21/2022 (Carr, Dave) |
| Filing 11 MOTION to Dismiss by Max Alicea.Responses due by 3/21/2022 (Carr, Dave) |
| Filing 10 NOTICE re Initial Discovery Protocols For Employment Cases Alleging Adverse Action Signed by Judge Jeffrey A. Meyer on 2/22/22.(Barry, Donna) |
| Filing 9 Memorandum in Support re #8 MOTION for More Definite Statement filed by Walgreens Eastern Co., Inc.. (Goodrich, Shane) |
| Filing 8 MOTION for More Definite Statement by Walgreens Eastern Co., Inc..Responses due by 3/11/2022 (Goodrich, Shane) |
| 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 Notice, #4 Electronic Filing Order, #3 Order on Pretrial Deadlines, #1 Notice of Removal, filed by Walgreens Eastern Co., Inc., #2 Corporate Disclosure Statement filed by Walgreens Eastern Co., Inc., #5 Protective Order Signed by Clerk on 2/15/2022. (Attachments: #1 Standing Order)(Carr, Dave) |
| Filing 6 NOTICE Re: Initial Discovery Protocols Signed by Clerk on 2/14/2022. (Attachments: #1 Attachment)(Carr, Dave) |
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 2/14/2022.(Carr, Dave)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 2/14/2022.(Carr, Dave)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 4/15/2022 Discovery due by 8/16/2022 Dispositive Motions due by 9/20/2022 Signed by Clerk on 2/14/2022.(Carr, Dave)
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| Filing 2 Corporate Disclosure Statement by Walgreens Eastern Co., Inc. identifying Corporate Parent Walgreens Boots Alliance, Inc., Corporate Parent Walgreen Arizona Drug Co. for Walgreens Eastern Co., Inc.. (Goodrich, Shane) |
| Filing 1 NOTICE OF REMOVAL by Walgreens Eastern Co., Inc. from New Britain, case number HHB CV 22 50308205. Filing fee $ 402 receipt number ACTDC-6830944, filed by Walgreens Eastern Co., Inc.. (Attachments: #1 Civil Cover Sheet, #2 Supplement pending motions)(Goodrich, Shane) |
| Judge Jeffrey A. Meyer added. (Oliver, T.) |
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| Plaintiff: Max Alicea | |
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| Defendant: Walgreens Eastern Co., Inc. | |
| Represented By: | Shane R. Goodrich |
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