Boadi v. Sarmiento et al
Plaintiff: Clement Boadi
Defendant: 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.
Cross Defendant: John Does
Case Number: 3:2023cv01206
Filed: September 13, 2023
Court: US District Court for the District of Connecticut
Presiding Judge: Maria E Garcia
Referring Judge: Stefan R Underhill
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1364 Auto Negligence
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 21, 2023 Opinion or Order 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.)
September 14, 2023 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.)
September 13, 2023 Opinion or Order Filing 27 STANDING PROTECTIVE ORDER Signed by Judge Stefan R. Underhill on 9/13/2023. (Oliver, T.)
September 13, 2023 Opinion or Order 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.)
September 13, 2023 Opinion or Order 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.)
September 13, 2023 Judge Stefan R. Underhill and Judge Maria E. Garcia added. (Oliver, T.)
September 13, 2023 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.)
September 13, 2023 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.)
September 13, 2023 Filing 22 Case electronically transferred in from District of New Jersey; Case Number 2:22-cv-06906.
September 13, 2023 ***Civil Case Terminated. (qa, )
August 28, 2023 Opinion or Order 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, )
July 26, 2023 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)
July 26, 2023 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, )
July 6, 2023 Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 7/6/2023. (sms)
July 6, 2023 Opinion or Order 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, )
July 6, 2023 Filing 18 STATUS REPORT by JAMES A FRAME, HOME DEPOT USA, INC.. (MAZZOLLA, SARA)
April 3, 2023 Opinion or Order Filing 17 PRETRIAL SCHEDULING ORDER. Signed by Magistrate Judge Edward S. Kiel on 4/3/2023. (qa, )
March 28, 2023 Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: R16 Scheduling Conference held on 3/28/2023. (sms)
March 17, 2023 Filing 16 Joint Discovery Plan by JAMES A FRAME, HOME DEPOT USA, INC..(MAZZOLLA, SARA)
March 1, 2023 Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (ek)
February 23, 2023 Opinion or Order 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)
February 22, 2023 Filing 14 Corporate Disclosure Statement by HOME DEPOT USA, INC. identifying The Home Depot Inc. as Corporate Parent.. (MAZZOLLA, SARA)
February 22, 2023 Filing 13 NOTICE of Appearance by SARA WARD MAZZOLLA on behalf of JAMES A FRAME, HOME DEPOT USA, INC. (MAZZOLLA, SARA)
February 16, 2023 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)
February 9, 2023 Opinion or Order 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)
February 3, 2023 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)
February 3, 2023 Filing 9 SUMMONS Returned Executed by CLEMENT BOADI. HOME DEPOT USA, INC. served on 1/13/2023, answer due 2/3/2023. (ARZADI, KARIM)
January 16, 2023 Filing 8 AFFIDAVIT of Service for Summons and Complaint served on James Frame on 1/5/23, filed by CLEMENT BOADI. (ARZADI, KARIM)
December 14, 2022 Opinion or Order 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, )
December 14, 2022 Opinion or Order 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)
December 13, 2022 Filing 5 AMENDED COMPLAINT against JAMES A FRAME, HOME DEPOT USA, INC., filed by CLEMENT BOADI.(ARZADI, KARIM)
December 13, 2022 Filing 4 STIPULATION of dismissal without prejudice by CLEMENT BOADI. (ARZADI, KARIM)
December 5, 2022 Opinion or Order 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)
December 2, 2022 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, )
December 1, 2022 Judge Esther Salas and Magistrate Judge Edward S. Kiel added. (ps)
December 1, 2022 CASE REFERRED to Arbitration. (ps)
November 30, 2022 Filing 1 COMPLAINT against All Defendants ( Filing and Admin fee $ 402 receipt number ANJDC-13863224) with JURY DEMAND, filed by CLEMENT BOADI.(ARZADI, KARIM)
November 30, 2022 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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Plaintiff: Clement Boadi
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Defendant: Andrew M Sarmiento
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Defendant: Jersey City Police Department
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Defendant: County Of Hudson
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Defendant: James A Frame
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Defendant: Home Depot USA Inc
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Defendant: City Of Jersey City
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Defendant: State of New Jersey
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Defendant: Richard Roes
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Defendant: ABC Companies, Inc.
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Cross defendant: John Does
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