Mangini v. Lowe's Home Center, LLC
| Donna Mangini |
| Lowe's Home Center, LLC |
| 3:2023cv00247 |
| February 24, 2023 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| Robert M Spector |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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| Filing 18 ANSWER to Complaint (Notice of Removal) by Lowe's Home Center, LLC.(Hall, Gina) |
Filing 17
ORDER granting Second Motion for Permission to File Corrected Notice of Removal and Statement Filed Pursuant to Standing Order in Removed Cases (Doc. #16 ). Signed by Judge Jeffrey A. Meyer on 3/17/2023. (Lewis, D)
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| Filing 16 Second MOTION for permission to file corrected Notice of Removal and Statement re #1 Notice of Removal by Lowe's Home Center, LLC.Responses due by 4/4/2023 (Hall, Gina) |
| Filing 15 Amended Corporate Disclosure Statement by Lowe's Home Center, LLC. (Hall, Gina) |
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Filing 14
ORDER DENYING WITHOUT PREJUDICE MOTION FOR PERMISSION TO FILE CORRECTED NOTICE OF REMOVAL AND CORPORATE DISCLOSURE STATEMENT (Doc. #13 ). Defendant has filed a motion for permission to file a corrected notice of removal and corporate disclosure statement. The proposed filings state that the defendant is a limited liability company whose sole member is "Lowes Companies, Inc. which is domiciled in North Carolina." Although the state of citizenship of a natural person is determined by reference to the person's domicile, the state of citizenship of a corporation is determined both by the state of incorporation and its principal place of business. See Fuller v. Am. Econ. Ins. Co., 2023 WL 2018900, at *2 (D. Colo. 2023) (rejecting similarly misguided effort by counsel to describe companys citizenship); Nat'l City Mortg. Co. v. Mortg. Concepts of Indiana, Inc., 2007 WL 2155869, at *1 (N.D. Ind. 2007) (same). This is clear from the plain language of the federal diversity statute. See Schwenk v. Roxe, Inc., 2023 WL 2393859, at *2 (S.D.N.Y. 2023) (explaining that "[a]n individual has but one domicile" but that "[f]or diversity purposes, a corporation, however, is a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business" (quoting 28 U.S.C. 1332(c)(1)). The defendant may file a proper Rule 7.1 statement on or before March 15, 2023. In the absence of a proper Rule 7.1 statement, the Court intends to forthwith remand this action to the state court for lack of jurisdiction. It is so ordered. Signed by Judge Jeffrey A. Meyer on 3/9/23. (Barry, Donna)
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| Filing 13 MOTION for permission to file corrected Notice of Removal and Statement re #1 Notice of Removal by Lowe's Home Center, LLC.Responses due by 3/29/2023 (Hall, Gina) |
| Filing 12 Amended Corporate Disclosure Statement by Lowe's Home Center, LLC. (Hall, Gina) |
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Filing 11
ORDER STRIKING DISCLOSURE STATEMENT (Doc. #9 ). Rule 7.1 of the Federal Rules of Civil Procedure as amended in December 2022 requires a corporate disclosure statement to "name--and identify the citizenship of--every individual or entity whose citizenship is attributed to" the party. Defendant is a limited liability company but has failed to name and identify the citizenship of each entity whose citizenship is attributed to the defendant (all members of the limited liability company). The Court is concerned as well that the defendant's submissions are contradictory. The corporate disclosure statement represents that Lowe's Companies, Inc. is "the parent corporation of Lowe's Homes Centers, LLC," Doc. #9, while the notice of removal states that the defendant "members" whose "states of domicile are North Carolina," Doc. #1 at 2. The defendant may file a proper Rule 7.1 statement on or before March 8, 2023. In the absence of a proper Rule 7.1 statement, the Court intends to forthwith remand this action to the state court for lack of jurisdiction. It is so ordered. Signed by Judge Jeffrey A. Meyer on 2/28/23.(Barry, Donna)
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| Filing 10 NOTICE of Appearance by John J. Kennedy, Jr on behalf of Donna Mangini (Kennedy, John) |
| Filing 9 STRICKEN - Corporate Disclosure Statement by Lowe's Home Center, LLC. (Hall, Gina) Modified text on 3/2/2023 (Barry, Donna). |
| Filing 8 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 Lowe's Home Center, LLC, #2 Notice (Other) filed by Lowe's Home Center, LLC, #3 Notice (Other) filed by Lowe's Home Center, LLC, #5 Order on Pretrial Deadlines, 4 Notice re: Disclosure Statement,, #6 Electronic Filing Order, #7 Protective Order Signed by Clerk on 2/24/2023. (Attachments: #1 Standing Order on Removed Cases)(Chartier, AnnMarie) |
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Filing 7
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 2/24/2023.(Chartier, AnnMarie)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 2/24/2023.(Chartier, AnnMarie)
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Filing 5
Order on Pretrial Deadlines: Amended Pleadings due by 4/25/2023 Discovery due by 8/26/2023 Dispositive Motions due by 9/30/2023 Signed by Clerk on 2/24/2023.(Chartier, AnnMarie)
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| Filing 4 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 2/24/2023.(Anastasio, F.) |
| Filing 3 NOTICE by Lowe's Home Centers, LLC re #1 Notice of Removal Statement Filed Pursuant to Standing Order in Removed Cases (Hall, Gina) |
| Filing 2 NOTICE by Lowe's Home Centers, LLC re #1 Notice of Removal of No Pending Motions (Hall, Gina) |
| Filing 1 NOTICE OF REMOVAL by Lowe's Home Centers, LLC from New Haven Superior Court, case number NNH-CV23-6130389-S. Filing fee $ 402 receipt number BCTDC-7249525, filed by Lowe's Home Centers, LLC.(Hall, Gina) |
| Judge Jeffrey A. Meyer and Judge Robert M. Spector added. (Freberg, B) |
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| Plaintiff: Donna Mangini | |
| Represented By: | Edward L. Walsh |
| Represented By: | John J. Kennedy, Jr. |
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| Defendant: Lowe's Home Center, LLC | |
| Represented By: | Gina M. Hall |
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