Boadi v. Sarmiento et al
| Clement Boadi |
| Andrew M Sarmiento, Jersey City Police Department, County Of Hudson, James A Frame, Home Depot USA Inc, City Of Jersey City, State of New Jersey, Richard Roes and ABC Companies, Inc. |
| John Does |
| 3:2023cv01206 |
| September 13, 2023 |
| US District Court for the District of Connecticut |
| Maria E Garcia |
| Stefan R Underhill |
| P.I.: Other |
| 28 U.S.C. § 1364 Auto Negligence |
| Plaintiff |
Docket Report
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Filing 29
ORDER: It appears that, in an effort to preserve diversity jurisdiction, the parties have stipulated to dropping nondiverse defendants, and the plaintiff has dropped his claim associated with those defendants. See Docs. No. 3, 4, 5, 6, 7. In general, merely dropping a nondiverse defendant is not sufficient to preserve diversity jurisdiction in circumstances in which "diversity jurisdiction does not, in fact, exist." Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 831 (1989). Moreover, "[t]he existence of federal jurisdiction ordinarily depends on the facts as they exist when the complaint is filed." Id. at 830. "Federal Rule of Civil Procedure 21 allows a court to drop a nondiverse party at any time to preserve diversity jurisdiction... provided the nondiverse party is not 'indispensable' under Rule 19(b)." CP Sols. PTE, Ltd. v. Gen. Elec. Co., 553 F.3d 156, 159 (2d Cir. 2009) (per curiam) (internal citations omitted). Rule 19(b) sets forth four factors for courts to consider when determining whether a party is indispensable: "(1) whether a judgment rendered in a persons absence might prejudice that person or parties to the action, (2) the extent to which any prejudice could be alleviated, (3) whether a judgment in the person's absence would be adequate, and (4) whether the plaintiff would have an adequate remedy if the court dismissed the suit." Id. (citing Fed. R. Civ. P. 19(b)). Accordingly, on or before October 6, 2023, the plaintiff is directed to file a statement on the docket setting forth reasons why the dismissed defendants are not indispensable to this action. Signed by Judge Stefan R. Underhill on 9/21/2023. (Khabbaz, D.)
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| Filing 28 NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 9/14/2023. (Oliver, T.) |
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Filing 27
STANDING PROTECTIVE ORDER Signed by Judge Stefan R. Underhill on 9/13/2023. (Oliver, T.)
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Filing 26
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 9/13/2023. (Oliver, T.)
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Filing 25
Order on Pretrial Deadlines: Amended Pleadings due by 11/12/2023 Discovery due by 3/14/2024 Dispositive Motions due by 4/18/2024 Signed by Clerk on 9/13/2023. (Oliver, T.)
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| Judge Stefan R. Underhill and Judge Maria E. Garcia added. (Oliver, T.) |
| Filing 24 NOTICE: ANY MOTIONS PENDING AT THE TIME OF TRANSFER MUST BE REFILED IN OUR DISTRICT. Signed by Clerk on 9/13/2023. (Oliver, T.) |
| Filing 23 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 9/13/2023. (Oliver, T.) |
| Filing 22 Case electronically transferred in from District of New Jersey; Case Number 2:22-cv-06906. |
| ***Civil Case Terminated. (qa, ) |
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Filing 21
ORDER granting #20 Motion to Change Venue to the United States DistrictCourt for the District of Connecticut for further proceedings. Signed by Magistrate Judge Edward S. Kiel on 8/28/2023. (lag, )
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| Filing 20 MOTION to Change Venue by JAMES A FRAME, HOME DEPOT USA, INC.. (Attachments: #1 Certification i/s/o Motion to Change Venue, #2 Brief i/s/o Motion to Change Venue, #3 Text of Proposed Order, #4 Certificate of Service)(MAZZOLLA, SARA) |
| Set Deadlines as to #20 MOTION to Change Venue . Motion set for 8/21/2023 before Judge Esther Salas. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (qa, ) |
| Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 7/6/2023. (sms) |
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Filing 19
ORDER granting Defendants leave to file a motion to transfer venue by July 28, 2023. A telephone status conference is scheduled for September 27, 2023 at 10:00 a.m. Signed by Magistrate Judge Edward S. Kiel on 7/6/2023. (qa, )
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| Filing 18 STATUS REPORT by JAMES A FRAME, HOME DEPOT USA, INC.. (MAZZOLLA, SARA) |
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Filing 17
PRETRIAL SCHEDULING ORDER. Signed by Magistrate Judge Edward S. Kiel on 4/3/2023. (qa, )
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| Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: R16 Scheduling Conference held on 3/28/2023. (sms) |
| Filing 16 Joint Discovery Plan by JAMES A FRAME, HOME DEPOT USA, INC..(MAZZOLLA, SARA) |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (ek) |
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Filing 15
LETTER ORDER: A telephonic initial scheduling conference shall be held on March 28, 2023 at 9:45 a.m. before Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. The parties shall file a proposed joint discovery plan no later than three business days before the scheduled initial conference. The Court's form joint discovery plan can be found # here. Signed by Magistrate Judge Edward S. Kiel on 2/23/2023. (sms)
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| Filing 14 Corporate Disclosure Statement by HOME DEPOT USA, INC. identifying The Home Depot Inc. as Corporate Parent.. (MAZZOLLA, SARA) |
| Filing 13 NOTICE of Appearance by SARA WARD MAZZOLLA on behalf of JAMES A FRAME, HOME DEPOT USA, INC. (MAZZOLLA, SARA) |
| Filing 12 ANSWER to Complaint , CROSSCLAIM against ABC COMPANIES, INC. 1-10, JOHN DOES 1-10, RICHARD ROES 1-10, arbnwk by JAMES A FRAME, HOME DEPOT USA, INC..(CALAF, ALICIA) |
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Filing 11
TEXT ORDER: The time for defendant Home Depot USA, Inc. to answer, move, or otherwise reply is extended to February 17, 2023. So Ordered by Magistrate Judge Edward S. Kiel on 2/9/2023. (bms)
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| Filing 10 Application and Proposed Order for Clerk's Order to extend time to answer as to James A. Frame and Home Depot U.S.A., Inc.. Attorney ALICIA LYNNE CALAF for JAMES A FRAME,ALICIA LYNNE CALAF for HOME DEPOT USA, INC. added. (CALAF, ALICIA) |
| Filing 9 SUMMONS Returned Executed by CLEMENT BOADI. HOME DEPOT USA, INC. served on 1/13/2023, answer due 2/3/2023. (ARZADI, KARIM) |
| Filing 8 AFFIDAVIT of Service for Summons and Complaint served on James Frame on 1/5/23, filed by CLEMENT BOADI. (ARZADI, KARIM) |
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Filing 7
ORDER OF VOLUNTARY DISMISSAL without Prejudice as to Defendants, Andrew M. Sarmiento, Jersey City Police Department, City of Jersey City, County of Hudson, and State of New Jersey only. Signed by Judge Esther Salas on 12/14/2022. (qa, )
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Filing 6
TEXT ORDER: In view of plaintiff's amended complaint (ECF No. #5 ), the order dated December 5, 2022 (ECF No. 3) is vacated. So Ordered by Magistrate Judge Edward S. Kiel on 12/14/22. (bms)
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| Filing 5 AMENDED COMPLAINT against JAMES A FRAME, HOME DEPOT USA, INC., filed by CLEMENT BOADI.(ARZADI, KARIM) |
| Filing 4 STIPULATION of dismissal without prejudice by CLEMENT BOADI. (ARZADI, KARIM) |
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Filing 3
TEXT ORDER: Plaintiff, who is a New Jersey citizen, brings this case under diversity jurisdiction. However, complete diversity between plaintiff and each defendant appears lacking on the face of the complaint because: (1) defendant Andrew Sarmiento is alleged to be a New Jersey citizen; (2) defendants Jersey City Police Department, City of Jersey City, and County of Hudson are all deemed New Jersey citizens; and (3) defendant State of New Jersey destroys complete diversity. See Lincoln Benefit Life Co. v. AEI Life, LLC, 800 F.3d 99, 104 (3d Cir. 2015) (holding a plaintiff may not be a citizen of the same state as any defendant for diversity jurisdiction); City of Dawson v. Columbia Ave. Sav. Fund, Safe Deposit, Title, & Tr. Co., 197 U.S. 178, 180 (1905) (holding a municipality is deemed a citizen of the state in which it is located for diversity purposes); State Highway Comm'n of Wyo. v. Utah Constr. Co., 278 U.S. 194, 200 (1929) (holding there can be no diversity jurisdiction between a state and an individual or a corporation, as a state is not a citizen). By Friday, December 9, 2022, plaintiff shall either file: (1) a notice of voluntary dismissal without prejudice; or (2) a declaration explaining why counsel believes complete diversity exists here. So Ordered by Magistrate Judge Edward S. Kiel on 12/5/22. (bms)
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| Filing 2 SUMMONS ISSUED as to CITY OF JERSEY CITY, COUNTY OF HUDSON, JAMES A FRAME, HOME DEPOT USA, INC., JERSEY CITY POLICE DEPARTMENT, ANDREW M SARMIENTO, STATE OF NEW JERSEY. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (qa, ) |
| Judge Esther Salas and Magistrate Judge Edward S. Kiel added. (ps) |
| CASE REFERRED to Arbitration. (ps) |
| Filing 1 COMPLAINT against All Defendants ( Filing and Admin fee $ 402 receipt number ANJDC-13863224) with JURY DEMAND, filed by CLEMENT BOADI.(ARZADI, KARIM) |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a #Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ps) |
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