Dagenais v. Wal-Mart Stores East, LP
| Hannah Dagenais |
| Wal-Mart Stores East, LP |
| 3:2023cv00241 |
| February 23, 2023 |
| US District Court for the District of Connecticut |
| Sarala V Nagala |
| Robert M Spector |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-Employment Discrimination |
| None |
Docket Report
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This docket was last retrieved on November 2, 2023. A more recent docket listing may be available from PACER.
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Filing 28
Disclosure Statement by Wal-Mart Stores East, LP identifying Corporate Parent WSE Investment, LLC, Corporate Parent WSE Management, LLC for Wal-Mart Stores East, LP. (Peikes, Lawrence)
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Set Deadline: Status Report due by 7/31/2023. (Bozek, M.)
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Filing 27
SCHEDULING ORDER: Discovery due by 10/30/2023. Dispositive Motions due by 11/29/2023. Status Report due by 07/31/2023. Status Report due by 11/06/2023.All further deadlines are set forth in the attached scheduling order. Note that some of the dates in the scheduling order differ from those proposed by the parties' Rule 26(f) Report.Signed by Judge Sarala V. Nagala on 04/18/2023. (Kuegler, Adam)
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Filing 26
ORDER. As discussed in the Clerk's notice at ECF No. 6, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court, pursuant to Federal Rule of Civil Procedure 7.1. As no such filing has been made to date, it is hereby ORDERED that no later than April 21, 2023, Defendant shall file a disclosure in compliance with Federal and Local Rule of Civil Procedure 7.1 and District of Connecticut Standing Order 22-36. Signed by Judge Sarala V. Nagala on 04/17/2023. (Kuegler, Adam)
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Filing 25
Joint REPORT of Rule 26(f) Planning Meeting. (Dwyer, Nicole)
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Set Deadline: Rule 26 Meeting Report due by 4/17/2023. (Bozek, M.)
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Filing 24
ORDER. In its order at ECF No. 20, the Court directed the parties to file their Rule 26(f) report by April 10, 2023. To date, the parties have not done so. Accordingly, by April 17, 2023, the parties shall file a report pursuant to Federal Rule of Civil Procedure 26(f) and Local Rule 26(f). The report shall include an explanation why the deadline set by the Court was not adhered to by the parties. Signed by Judge Sarala V. Nagala on 04/13/2023. (Kuegler, Adam)
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Set Deadline as to #21 MOTION to Dismiss . Responses due by 5/8/2023. (Bozek, M.)
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Filing 23
ORDER granting in part #22 Motion for Extension of Time. While the Court appreciates that Plaintiff's counsel requested an extension of her deadline to respond to Defendant's motion to dismiss well in advance of the deadline, it does not believe that a month-long extension is necessary to respond to Defendant's motion to dismiss. The Court will grant Plaintiff two additional weeks, beyond the current April 24 deadline, to respond to Defendant's motion. Plaintiff's response is therefore due May 8, 2023. Signed by Judge Sarala V. Nagala on 04/06/2023. (Kuegler, Adam)
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Filing 22
Consent MOTION for Extension of Time until 05/24/2023 to file response to Motion to Dismiss #21 MOTION to Dismiss by Hannah Dagenais. (Nassetta, Samuel)
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Filing 21
MOTION to Dismiss by Wal-Mart Stores East, LP.Responses due by 4/24/2023 (Attachments: #1 Memorandum in Support)(Peikes, Lawrence)
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Filing 20
ORDER. Based on the allegations in Defendant's notice of removal and Plaintiff's complaint, see ECF No. #1 , together with Defendant's supplemental notice and Plaintiff's response to that notice, ECF Nos. #17 , #19 , the Court is satisfied that the amount in controversy in this action exceeds $75,000 and that this action is between citizens of different states, see 28 U.S.C. 1332(a), 1446(c)(2)(A). Accordingly, this action may proceed in this Court. The parties shall file a report pursuant to Federal Rule of Civil Procedure 26(f) and Local Rule 26(f) by April 10, 2023. Signed by Judge Sarala V. Nagala on 03/23/2023. (Kuegler, Adam)
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Reset deadline: Rule 26 meeting report is now due by 4-10-2023 per Dkt. 20 Order. (Shafer, J.)
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Filing 19
First RESPONSE Plaintiff's Response to Defendant's Supplement to Notice of Removal filed by Hannah Dagenais. (Nassetta, Samuel)
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Filing 18
ORDER: Initial Discovery Protocols. Signed by Judge Sarala V. Nagala on 3/15/2023.(Bozek, M.)
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Filing 17
NOTICE by Wal-Mart Stores East, LP re 14 Order,,,,, Supplementing Def's Notice of Removal (Peikes, Lawrence)
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Answer deadline updated for Wal-Mart Stores East, LP to 4/3/2023. (Bozek, M.)
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Filing 16
ORDER granting #15 Motion for Extension of Time. Defendant shall answer or otherwise respond to Plaintiff's complaint by April 3, 2023. Signed by Judge Sarala V. Nagala on 03/03/2023. (Kuegler, Adam)
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Filing 15
First MOTION for Extension of Time until April 3, 2023 to answer or otherwise respond to the Complaint #1 Notice of Removal, by Wal-Mart Stores East, LP. (Peikes, Lawrence)
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Filing 14
ORDER. In its notice of removal, Defendant relies in part on a potential award of attorney's fees under the Connecticut Fair Employment Practices Act ("CFEPA") for its assertion that the amount in controversy requirement is satisfied for purposes of diversity jurisdiction in this action. Because fees are not awarded as a matter of right under the CFEPA, however, such a potential fee award is not properly considered in calculating the amount in controversy. See Howard v. Anthem, Inc., No. 3:22-CV-476 (SVN), 2022 WL 15261908, at *4 (D. Conn. Oct. 26, 2022) ("The CFEPA, under which Plaintiff's claim arises, permits an attorney's fee award, but does not provide for such award as a matter of right, Conn. Gen. Stat. 46a-104, so it would not be proper to consider that potential award in calculating the amount in controversy."). By March 7, 2023, Defendant shall file a notice supplementing its notice of removal and asserting whether the amount in controversy in this action exceeds $75,000 based only on potential damages that are properly considered for purposes of calculating the amount in controversy. Plaintiff shall file a response to Defendant's filing by March 21, 2023, presenting its position on whether the federal court has subject matter jurisdiction over this action. Signed by Judge Sarala V. Nagala on 02/28/2023. (Kuegler, Adam)
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Filing 13
NOTICE of Appearance by Samuel M. Nassetta on behalf of Hannah Dagenais (Nassetta, Samuel)
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Filing 12
ORDER OF TRANSFER. Case reassigned to Judge Sarala V. Nagala for all further proceedings. Signed by Judge Kari A. Dooley on 2/27/2023.(Gould, K.)
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Filing 11
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 #10 Notice, #1 Notice of Removal, filed by Wal-Mart Stores East, LP, #2 Notice of Appearance filed by Wal-Mart Stores East, LP, #5 Notice (Other) filed by Wal-Mart Stores East, LP, #8 Electronic Filing Order, #7 Order on Pretrial Deadlines, #9 Protective Order, #4 Notice (Other) filed by Wal-Mart Stores East, LP, #3 Notice of Appearance filed by Wal-Mart Stores East, LP, 6 Notice re: Disclosure Statement Signed by Clerk on 2/24/2023. (Fanelle, N.)
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Set Deadline: Rule 26 Meeting Report due by 4/8/2023. (Bozek, M.)
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Filing 10
Notice re Initial Discovery Protocols. Signed by Clerk on 2/23/2023. (Attachment(s): #1 Discovery Attachment) (Fanelle, N.)
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Filing 9
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 2/23/2023. (Fanelle, N.)
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Filing 8
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 2/23/2023. (Fanelle, N.)
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Filing 7
Order on Pretrial Deadlines: Amended Pleadings due by 4/24/2023 Discovery due by 8/25/2023 Dispositive Motions due by 9/29/2023 Signed by Clerk on 2/23/2023. (Fanelle, N.)
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Judge Kari A. Dooley and Judge Robert M. Spector added. (Freberg, B)
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Filing 6
Notice: Pursuant to Federal Rule of Civil Procedure 7.1, any nongovernmental corporate party must electronically file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock or states that there is no such corporation. Such disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 2/23/23.(Hushin, Z.)
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Filing 5
NOTICE by Wal-Mart Stores East, LP re #1 Notice of Removal, Statement Pursuant to Standing order on Removed Cases (Peikes, Lawrence)
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Filing 4
NOTICE by Wal-Mart Stores East, LP Notice of Pending Motions (Peikes, Lawrence)
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Filing 3
NOTICE of Appearance by Nicole Dwyer on behalf of Wal-Mart Stores East, LP (Dwyer, Nicole)
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Filing 2
NOTICE of Appearance by Lawrence Peikes on behalf of Wal-Mart Stores East, LP (Peikes, Lawrence)
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Filing 1
NOTICE OF REMOVAL by Wal-Mart Stores East, LP from Judicial District of New London, case number KNL-CV23-6060074-S. Filing fee $ 402 receipt number ACTDC-7247698, filed by Wal-Mart Stores East, LP. (Attachments: #1 Exhibit Exhibit A Summons and Complaint - State Court, #2 Civil Cover Sheet)(Peikes, Lawrence)
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| Plaintiff: Hannah Dagenais | |
| Represented By: | Samuel M. Nassetta |
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| Defendant: Wal-Mart Stores East, LP | |
| Represented By: | Lawrence Peikes |
| Represented By: | Nicole Dwyer |
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