L. et al v. Newell Brands Inc. et al
| L. L., Justin Lapointe, Mary Lapointe and Kayleigh Lapointe |
| Newell Brands Inc., Target Stores, Inc., Haier US Appliance Solutions, Inc. doing business as GE Appliances and General Electric Company |
| 3:2023cv00803 |
| June 21, 2023 |
| US District Court for the District of Connecticut |
| Maria E Garcia |
| Michael P Shea |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 23, 2024. A more recent docket listing may be available from PACER.
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| Filing 36 First MOTION for Extension of Time to File Response/Reply as to #33 MOTION to Dismiss the Complaint until September 18, 2023 by L. L., Justin Lapointe, Kayleigh Lapointe, Mary Lapointe. (Krayeske, Kenneth) |
| Answer deadline updated for Newell Brands Inc. to 8/21/2023; Target Stores, Inc. to 8/21/2023., Set Deadlines as to #33 MOTION to Dismiss the Complaint.(Responses due by 9/3/2023, ),or ( Amended Complaint due by 9/3/2023) (Johnson, D.) |
Filing 35
ORDER. The #32 motion for extension of time is GRANTED. The deadline by which Newell Brands, Inc., and Target Stores, Inc., must respond to the #1 complaint is now August 21, 2023.Haier US Appliance Solutions, Inc., has filed a #33 motion to dismiss. On or before September 3, 2023, Plaintiffs shall either file a response to the motion or file an amended complaint in which they plead as many facts as possible, consistent with Rule 11, to address the alleged defects discussed in Haier's memorandum of law. The Court will not allow further amendments after September 3, 2023, unless the defendants who have yet to respond to the complaint file their own motions to dismiss on different grounds than those relied on by Haier. If Plaintiff chooses to amend and if Haier renews its motion to dismiss, Haier may incorporate by reference any prior briefing.Signed by Judge Michael P. Shea on 8/14/2023. (Britt, Joshua)
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| Filing 34 NOTICE of Appearance by Sabrina Marie Galli on behalf of General Electric Company, Haier US Appliance Solutions, Inc. (Galli, Sabrina) |
| Filing 33 MOTION to Dismiss the Complaint by Haier US Appliance Solutions, Inc..Responses due by 9/3/2023 (Attachments: #1 Memorandum in Support)(White, Jeffrey) |
| Filing 32 Second MOTION for Extension of Time until August 21, 2023 to Respond to #1 Complaint by Newell Brands Inc., Target Stores, Inc.. (Bradford, Rachel) |
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Filing 31
ORDER granting #27 MOTION for Attorney Sabrina Marie Galli to be Admitted Pro Hac Vice. Signed by Clerk on 8/11/2023. (Peterson, M)
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Filing 30
ORDER granting #26 MOTION for Attorney Kendra L. Berardi to be Admitted Pro Hac Vice. Certificate of Good Standing due by 10/10/2023. Signed by Clerk on 8/11/2023. (Peterson, M)
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| Answer deadline updated for General Electric Company to 9/12/2023. (Johnson, D.) |
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Filing 29
ORDER. The #28 motion for extension is GRANTED. General Electric Company's response to plaintiffs' complaint is now due by September 12, 2023. Signed by Judge Michael P. Shea on 8/10/2023. (Britt, Joshua)
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| Filing 28 Second MOTION for Extension of Time until September 12, 2023(Unopposed) to Respond to Plaintiffs' Complaint #1 Complaint by General Electric Company. (White, Jeffrey) |
| Filing 27 MOTION for Attorney(s) Sabrina Marie Galli to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7443018) by General Electric Company, Haier US Appliance Solutions, Inc.. (Attachments: #1 Certificate of Good Standing)(White, Jeffrey) |
| Filing 26 MOTION for Attorney(s) Kendra L. Berardi to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7443005) by General Electric Company, Haier US Appliance Solutions, Inc.. (White, Jeffrey) |
| Filing 25 SUMMONS Returned Executed by Mary Lapointe, Justin Lapointe, L. L., Kayleigh Lapointe. General Electric Company served on 6/23/2023, answer due 7/14/2023; Haier US Appliance Solutions, Inc. served on 6/23/2023, answer due 7/14/2023; Newell Brands Inc. served on 6/23/2023, answer due 8/13/2023; Target Stores, Inc. served on 6/23/2023, answer due 8/13/2023. (Bowman, Peter) |
| Answer deadline updated for Newell Brands Inc. to 8/13/2023; Target Stores, Inc. to 8/13/2023. (Johnson, D.) |
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Filing 24
ORDER. The motions for extension (ECF Nos. 20, 22) are GRANTED. Defendants' responses to plaintiffs' complaint are due August 13, 2023.Signed by Judge Michael P. Shea on 7/19/2023. (Britt, Joshua)
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| Filing 23 Disclosure Statement (Corporate Disclosure Statement) by Newell Brands Inc.. (Bradford, Rachel) |
| Filing 22 MOTION for Extension of Time until August 13, 2023 to Respond to #1 Complaint by Newell Brands Inc., Target Stores, Inc.. (Vossler, Christopher) |
| Filing 21 NOTICE of Appearance by Rachel M. Bradford on behalf of Newell Brands Inc., Target Stores, Inc. (Bradford, Rachel) |
| Filing 20 MOTION for Extension of Time until August 13, 2023(Unopposed) to Respond to Complaint by General Electric Company, Haier US Appliance Solutions, Inc.. (White, Jeffrey) |
| Filing 19 NOTICE of Appearance by Christopher M. Vossler on behalf of Newell Brands Inc., Target Stores, Inc. (Vossler, Christopher) |
| Filing 18 Disclosure Statement by General Electric Company identifying Other Affiliate AerCap Holdings N.V., Other Affiliate China XD Electric Co. Ltd, Other Affiliate GE Healthcare Technologies Inc., Other Affiliate GE Power India Limited, Other Affiliate GE T&D India Limited for General Electric Company. (White, Jeffrey) |
| Filing 17 Disclosure Statement by Haier US Appliance Solutions, Inc. identifying Corporate Parent Haier US Appliance Holdings, Inc. for Haier US Appliance Solutions, Inc.. (White, Jeffrey) |
| Filing 16 NOTICE of Appearance by Jeffrey J. White on behalf of General Electric Company, Haier US Appliance Solutions, Inc. (White, Jeffrey) |
| Filing 15 NOTICE by L. L., Justin Lapointe, Kayleigh Lapointe, Mary Lapointe re 8 Order,,,,, Notice of Citizenship of all Plaintiffs (Krayeske, Kenneth) |
| Filing 14 NOTICE of Appearance by Dawn M. Neborsky on behalf of Target Stores, Inc. of Michael J. Smith (Neborsky, Dawn) |
| Filing 13 NOTICE of Appearance by Dawn M. Neborsky on behalf of Target Stores, Inc. Neborsky, Dawn (Neborsky, Dawn) |
| Filing 12 NOTICE of Appearance by Kenneth James Krayeske on behalf of Mary Lapointe (Krayeske, Kenneth) |
| Filing 11 NOTICE of Appearance by Kenneth James Krayeske on behalf of Kayleigh Lapointe (Krayeske, Kenneth) |
| Filing 10 NOTICE of Appearance by Kenneth James Krayeske on behalf of Justin Lapointe (Krayeske, Kenneth) |
| Filing 9 NOTICE of Appearance by Kenneth James Krayeske on behalf of L. L. (Krayeske, Kenneth) |
| Set Deadlines: Dismissal due by 7/14/2023 (Johnson, D.) |
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Filing 8
ORDER. Plaintiffs have alleged that they are all residents of Connecticut. ECF No. 1 paras. 2, 8, 10, 12. But residence is not the same as citizenship. "An individual's citizenship, within the meaning of the diversity statute, is determined by his domicile," and not his or her residence. Palazzo ex rel. Delmage v. Corio, 232 F.3d 38, 42 (2d Cir. 2000). "Domicile is the place where a person has his true fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning." Id. (internal quotation marks omitted). When jurisdiction is based on diversity of citizenship, to satisfy Rule 8(a)(1)'s requirement for a "short and plain statement of the grounds for the court's jurisdiction," the complaint must allege the citizenship or domicile of each party. At the pleading stage, it need not necessarily state in detail the factual basis supporting citizenship; but it also cannot state that a party's citizenship follows from residence alone.Plaintiffs shall file a statement of citizenship by July 14, 2023. The statement should properly indicate the citizenship of each plaintiff. Failure to file this statement by the deadline may result in dismissal of this case without prejudice. Signed by Judge Michael P. Shea on 7/5/2023. (Britt, Joshua)
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| Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *General Electric Company, Haier US Appliance Solutions, Inc., Newell Brands Inc., Target Stores, Inc.* with answer to complaint due within *21* days. Attorney *Peter Christopher Bowman* *BBB Attorneys, LLC* *3651 Main Street Suite 200* *Stratford, CT 06614*. (Mendez, D) |
| Filing 6 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 Complaint filed by Justin Lapointe, Kayleigh Lapointe, Mary Lapointe, L. L., #4 Electronic Filing Order, #5 Protective Order, 2 Notice re: Disclosure Statement, #3 Order on Pretrial Deadlines. Signed by Clerk on 6/22/2023. (Mendez, D) |
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Filing 5
STANDING PROTECTIVE ORDER. Signed by Judge Michael P. Shea on 6/21/2023. (Mendez, D)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Michael P. Shea on 6/21/2023. (Mendez, D)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 8/20/202. Discovery due by 12/21/2023. Dispositive Motions due by 1/25/2024. Signed by Clerk on 6/21/2023. (Mendez, D)
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| Filing 2 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a 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 6/21/2023.(Anastasio, F.) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number ACTDC-7389314.), filed by Mary Lapointe, Justin Lapointe, L. L., Kayleigh Lapointe.(Bowman, Peter) |
| Request for Clerk to issue summons as to All Parties. (Bowman, Peter) |
| Judge Michael P. Shea and Judge Maria E. Garcia added. (Freberg, B) |
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