Garcia v. Walmart Inc. et al
| Aranyaliz Garcia |
| Walmart Inc. and Walmart Stores East, Limited Partnership |
| 3:2023cv01121 |
| August 23, 2023 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| Michael P Shea |
| P.I.: Other |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on October 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 23 NOTICE of Appearance by Joseph D. Foti, Jr on behalf of Aranyaliz Garcia (Foti, Joseph) |
| Filing 22 NOTICE of Appearance by Garrett M. Moore on behalf of Aranyaliz Garcia (Moore, Garrett) |
| Set Deadlines/Hearings: Amended Pleadings due by 12/31/2023; Discovery due by 7/15/2024; Joint Status Report due by 5/24/2024; Joint Trial Brief due by 10/1/2024; Telephonic Status Conference set for 5/31/2024 at 04:00 PM before Judge Michael P. Shea (Johnson, D.) |
Filing 21
ORDER. The Court is in receipt of the parties' Rule 26(f) Report (ECF No. #20 ) and adopts the attached scheduling order. Signed by Judge Michael P. Shea on 10/13/2023. (Pierson, Miriam)
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| Filing 20 REPORT of Rule 26(f) Planning Meeting. (Springer, George) |
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Filing 19
ORDER. The #17 motion to serve jurisdictional discovery is GRANTED. Defendants shall serve their jurisdictional discovery requests on plaintiff by October 13, 2023 and shall file the notice of citizenship required by the Court within 15 days of receiving plaintiff's responses.Signed by Judge Michael P. Shea on 10/2/2023. (Britt, Joshua)
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| Filing 18 Memorandum in Support re #17 MOTION for To Serve Jurisdictional Discovery Order filed by Walmart Inc., Walmart Stores East, Limited Partnership. (Springer, George) |
| Filing 17 MOTION for To Serve Jurisdictional Discovery Order by Walmart Inc., Walmart Stores East, Limited Partnership. (Springer, George) |
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Filing 16
ORDER. The deadline by which Defendants shall file the statement of citizenship referred to in ECF No. 15 is September 14, 2023. Signed by Judge Michael P. Shea on 8/31/2023. (Britt, Joshua)
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Filing 15
ORDER. It appears that the #1 notice of removal does not allege an adequate basis for the Court's subject matter jurisdiction under 28 U.S.C. 1332 because it does not properly allege complete diversity. "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 notice of removal identifies the individual plaintiff, Aranyaliz Garcia, as someone who "resides in Waterbury, Connecticut." ECF No. 1 Para. 4. 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 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 removal 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 notice of removal 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 only a party's residence and ask the Court to infer the party's citizenship from it.Defendants shall file a statement of citizenship by August 14, 2023. The statement should properly indicate the citizenship of the plaintiff. Signed by Judge Michael P. Shea on 8/31/2023. (Britt, Joshua)
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| Filing 14 NOTICE by Walmart Inc., Walmart Stores East, Limited Partnership Of Service of Court Orders in Removed Cases (Springer, George) |
| Filing 13 NOTICE by Walmart Inc., Walmart Stores East, Limited Partnership Statement Regarding Removed Case Per Local Standing Orders (Springer, George) |
| Filing 12 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 #9 Order on Pretrial Deadlines, #1 Notice of Removal, filed by Walmart Stores East, Limited Partnership, Walmart Inc., #4 Answer to Complaint filed by Walmart Stores East, Limited Partnership, Walmart Inc., #11 Protective Order, #10 Electronic Filing Order, #7 Disclosure Statement, filed by Walmart Stores East, Limited Partnership, Walmart Inc., #2 Notice of Appearance filed by Walmart Stores East, Limited Partnership, Walmart Inc., #8 Notice of Appearance filed by Walmart Stores East, Limited Partnership, Walmart Inc., #3 Notice (Other) filed by Walmart Stores East, Limited Partnership, Walmart Inc., 6 Notice re: Disclosure Statement, #5 Notice (Other) filed by Walmart Stores East, Limited Partnership, Walmart Inc. Signed by Clerk on 08/24/2023. (Attachments: #1 Standing Order on Removed Cases) (Peterson, M) |
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Filing 11
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 08/23/2023. (Peterson, M)
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Filing 10
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 08/23/2023. (Peterson, M)
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Filing 9
Order on Pretrial Deadlines: Amended Pleadings due by 10/22/2023. Discovery due by 2/22/2024. Dispositive Motions due by 3/28/2024. Signed by Clerk on 08/23/2023. (Peterson, M)
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| Judge Michael P. Shea and Judge Thomas O. Farrish added. (Freberg, B) |
| Filing 8 NOTICE of Appearance by Eric B. Caines on behalf of Walmart Inc., Walmart Stores East, Limited Partnership (Caines, Eric) |
| Filing 7 Disclosure Statement by Walmart Inc., Walmart Stores East, Limited Partnership identifying Corporate Parent Walmart Inc., Other Affiliate Wal-Mart Stores East, Limited Partnership for Walmart Inc.; Other Affiliate WSE Investment, LLC, Other Affiliate WSE Management, LLC for Walmart Stores East, Limited Partnership. (Springer, George) |
| Filing 6 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 8/23/23.(Hushin, Z.) |
| Filing 5 NOTICE by Walmart Inc., Walmart Stores East, Limited Partnership Pending Motions (Springer, George) |
| Filing 4 ANSWER to Complaint with Affirmative Defenses with Jury Demand by Walmart Inc., Walmart Stores East, Limited Partnership.(Springer, George) |
| Filing 3 NOTICE by Walmart Inc., Walmart Stores East, Limited Partnership Certificate of Filing Notice of Removal in State Court (Springer, George) |
| Filing 2 NOTICE of Appearance by George C. Springer, Jr on behalf of Walmart Inc., Walmart Stores East, Limited Partnership (Springer, George) |
| Filing 1 NOTICE OF REMOVAL by Walmart Stores East, Limited Partnership, Walmart Inc. from Waterbury, case number UWY-CV23-6072074-S. (Filing fee $ 402 receipt number ACTDC-7458717), filed by Walmart Stores East, Limited Partnership, Walmart Inc..(Springer, George) Modified on 8/23/2023 to add payment info(Hushin, Z.). |
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