Perna v. Sacred Heart Univ, Inc
Plaintiff: Sophia P. Perna
Defendant: Sacred Heart Univ, Inc
Case Number: 3:2023cv00270
Filed: March 2, 2023
Court: US District Court for the District of Connecticut
Office: New Haven Office
Presiding Judge: Robert A Richardson
Referring Judge: Michael P Shea
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Tort/Non-Motor Vehicle
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 13, 2023 Opinion or Order Filing 28 ORDER. The plaintiff has failed to respond to the Court's Order to Show Cause (ECF No. 27). If no response is filed by Thursday, April 20, 2023, the Court will dismiss this case without further notice. Signed by Judge Michael P. Shea on 4/13/2023. (Davis, Christina)
April 13, 2023 Opinion or Order Set Deadlines: Dismissal due by 4/20/2023 (Johnson, D.)
March 24, 2023 Opinion or Order Set Deadlines: Show Cause Response due by 4/6/2023 (Johnson, D.)
March 24, 2023 Opinion or Order Filing 27 ORDER. The #1 complaint 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 the Plaintiff is inadequately pled, preventing the Court from verifying that it has subject matter jurisdiction over this case. More specifically, the complaint alleges that the plaintiff "is a citizen of the United States of America, and is a resident of the County of Putnam, State of New York," ECF No. 1 at 1, but a plaintiff's citizenship 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 court "must allege in his pleading the facts essential to show jurisdiction." McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936). Therefore, no later than April 6, 2023, the plaintiff shall SHOW CAUSE why this case should not be dismissed for lack of subject matter jurisdiction. Signed by Judge Michael P. Shea on 3/24/2023. (Davis, Christina)
March 9, 2023 Opinion or Order Filing 26 Notice to counsel in transferred case. Signed by Clerk on 3/9/2023. (Peterson, M)
March 2, 2023 Opinion or Order Filing 25 NOTICE: ANY MOTIONS PENDING AT THE TIME OF TRANSFER MUST BE REFILED IN OUR DISTRICT. Signed by Clerk on 3/2/2023. (Peterson, M)
March 2, 2023 Opinion or Order Filing 24 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 3/2/2023. (Peterson, M)
March 2, 2023 Opinion or Order Filing 23 STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 3/2/2023. (Peterson, M)
March 2, 2023 Opinion or Order Filing 22 Order on Pretrial Deadlines: Amended Pleadings due by 5/1/2023. Discovery due by 9/1/2023. Dispositive Motions due by 10/6/2023. Signed by Clerk on 3/2/2023. (Peterson, M)
March 2, 2023 Opinion or Order Filing 21 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 3/2/2023. (Peterson, M)
March 2, 2023 Opinion or Order Filing 20 Case electronically transferred in from District of New York Southern; Case Number 7:22-cv-02284.
March 2, 2023 Opinion or Order Judge Michael P. Shea and Judge Robert A. Richardson added. (Oliver, T.)
March 1, 2023 Opinion or Order Filing 19 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of Connecticut. (va)
March 1, 2023 Opinion or Order Filing 18 ORDER & OPINION re: #13 MOTION to Dismiss for Lack of Jurisdiction, filed by Sacred Heart University, Incorporated. For the foregoing reasons, the motion to dismiss based on lack of personal jurisdiction and lack of venue is GRANTED, and the action is to be TRANSFERRED without delay to the District of Connecticut pursuant to 28 U.S.C. 1406(a). Accordingly, the Clerk of the Court is respectfully directed to terminate Defendant's Motion to Dismiss at ECF No. 13. The Clerk of Court need not adhere to Local Rule 83.1 and may transfer this action to the District of Connecticut immediately. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 3/1/2023) (va)
August 29, 2022 Opinion or Order Filing 17 REPLY MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Sacred Heart University, Incorporated..(Fineman, Beck)
August 29, 2022 Opinion or Order Filing 16 DECLARATION of Robert W. Folchetti in Opposition re: #13 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Sacred Heart University, Incorporated. (Attachments: #1 Exhibit 1 (Complaint), #2 Exhibit 2 (Proof of Service), #3 Exhibit 3 (Email to Kennedy Catholic H.S.), #4 Exhibit 4 (Article re Kennedy Catholic H.S. College Fair), #5 Exhibit 5 (Kennedy Catholic H.S. Students Committed to SHU Fall 2020), #6 Exhibit 6 (Article re SHU Students' Home States), #7 Exhibit 7 (SHU "Geographic Diversity")).(Fineman, Beck)
August 29, 2022 Opinion or Order Filing 15 MEMORANDUM OF LAW in Opposition re: #13 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Sacred Heart University, Incorporated..(Fineman, Beck)
August 29, 2022 Opinion or Order Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Sacred Heart University, Incorporated. (Attachments: #1 Exhibit A (Barquinero Declaration), #2 Exhibit B (Bruno Declaration)).(Fineman, Beck)
August 29, 2022 Opinion or Order Filing 13 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Sacred Heart University, Incorporated..(Fineman, Beck)
July 13, 2022 Opinion or Order Filing 12 ORDER terminating #11 Letter Motion for Extension of Time. The briefing schedule is amended as follows: Plaintiffs opposition papers shall be served (not filed) on or before August 12, 2022; Defendant's reply papers shall be served on or before August 29, 2022. All motion documents shall be filed on the reply date, August 29, 2022. The parties are directed to mail two courtesy copies of their motion documents to Chambers as they are served. The Clerk of Court is kindly directed to terminate the motion at ECF No. 11. (Signed by Judge Nelson Stephen Roman on 7/13/2022) (ate)
July 13, 2022 Opinion or Order Filing 11 FIRST LETTER MOTION for Extension of Time to file plaintiff's opposition addressed to Judge Nelson Stephen Roman from Robert Folchetti dated July 13, 2022. Document filed by Sophia P. Perna..(Folchetti, Robert)
July 13, 2022 Opinion or Order Set/Reset Deadlines: Motions due by 8/29/2022. (ate)
June 3, 2022 Opinion or Order Filing 10 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Beck S. Fineman dated 6/3/2022 re: request for extension of time. ENDORSEMENT: The Court has reviewed Defendants letter dated June 3, 2022. Defendants request for an extension is granted. The briefing schedule is amended as follows: Defendant's moving papers shall be served (not filed) on or before June 13, 2022; Plaintiff's opposition papers shall be served (not filed) on or before July 13, 2022; Defendant's reply papers shall be served on or before July 21, 2022. All motion documents shall be filed on the reply date, July 28, 2022. The parties are directed to mail two courtesy copies of their motion documents to Chambers as they are served. ( Motions due by 7/28/2022.) (Signed by Judge Nelson Stephen Roman on 6/3/2022) (ate)
May 16, 2022 Opinion or Order Filing 9 LETTER addressed to Judge Nelson Stephen Roman from Robert W. Folchetti dated 5/13/2022 re: Pl.'s Letter Response. Document filed by Sophia P. Perna..(ate)
May 5, 2022 Opinion or Order Filing 8 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Beck S. Fineman dated 5/4/2022 re: request for pre-motion conference in connection to anticipated motion to dismiss. ENDORSEMENT: Defendant's request for a conference is denied and the pre-motion conference requirement is waived. Defendant is granted leave to file the proposed motion with the following briefing schedule: Defendant's moving papers shall be served (not filed) on or before June 6, 2022; Plaintiff's opposition papers shall be served (not filed) on or before July 6, 2022; Defendant's reply papers shall be served on or before July 21, 2022. All motion documents shall be filed on the reply date, July 21, 2022. The parties are directed to mail two courtesy copies of their motion documents to Chambers as they are served. ( Motions due by 7/21/2022.) (Signed by Judge Nelson Stephen Roman on 5/5/2022) (ate)
April 21, 2022 Opinion or Order Filing 7 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Beck S. Fineman dated 4/21/2022 re: request for extension. ENDORSEMENT: Defendant's request for an extension is granted. Defendant is directed to answer or otherwise respond to the complaint on or before May 12, 2022. Sacred Heart University, Incorporated answer due 5/12/2022. (Signed by Judge Nelson Stephen Roman on 4/21/2022) (ate)
April 20, 2022 Opinion or Order Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sacred Heart University, Incorporated..(Fineman, Beck)
April 20, 2022 Opinion or Order Filing 5 NOTICE OF APPEARANCE by Beck S. Fineman on behalf of Sacred Heart University, Incorporated..(Fineman, Beck)
March 22, 2022 Opinion or Order Filing 4 ELECTRONIC SUMMONS ISSUED as to Sacred Heart University, Incorporated..(pc)
March 22, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert W. Folchetti. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 2 (Citizen of Another State); Dollar Demand blank; County code Putnam; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Dollar Demand has been modified to $1,110,000; the County code has been modified to Ulster; the Fee Status code has been modified to pd (paid);. (pc)
March 22, 2022 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
March 22, 2022 Opinion or Order Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
March 22, 2022 Opinion or Order Case Designated ECF. (pc)
March 21, 2022 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Sacred Heart University, Incorporated, re: #1 Complaint. Document filed by Sophia P. Perna..(Folchetti, Robert)
March 21, 2022 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Folchetti, Robert)
March 21, 2022 Opinion or Order Filing 1 COMPLAINT against Sacred Heart University, Incorporated. (Filing Fee $ 402.00, Receipt Number ANYSDC-25892025)Document filed by Sophia P. Perna..(Folchetti, Robert)

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Plaintiff: Sophia P. Perna
Represented By: Robert W. Folchetti
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Defendant: Sacred Heart Univ, Inc
Represented By: Beck S. Fineman
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