Guzzardi v. Beachside Detox, LLC et al
| MS NICOLE GUZZARDI and Nicole Guzzardi |
| BEACHSIDE DETOX, LLC, M.D. PHILLIPS BARNELL and Barnell Phillips |
| 3:2023cv01445 |
| November 2, 2023 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Robert A Richardson |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 Diversity-Medical Malpractice |
| Plaintiff |
Docket Report
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| Filing 13 Case remanded to State Court Judicial District of Hartford. (Fanelle, N.) |
| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Fanelle, N.) |
Filing 12
ORDER SUA SPONTE REMANDING CASE. The Plaintiff removed this case to federal court purportedly pursuant to 28 U.S.C. 1441. However, 1441(a) specifies that civil actions brought in a state court may be removed "by the defendant or the defendants." The Supreme Court interpreted the "defendant or defendants" language in 1441 as evidence of Congress's intent to restrict removal jurisdiction. See Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 108 (1941). In Hamilton v. Aetna Life & Cas. Co., 5 F.3d 642, 643 (2d Cir. 1993), the Second Circuit held that "[n]o section provides for removal by a plaintiff," and cited 14A C. Wright, A. Miller & E. Cooper, Federal Practice and Procedure 3731, at 502 (1985) for the proposition that "[p]laintiffs cannot remove." See also Murray v. Deer Park Union Free Sch. Dist., 154 F. Supp. 2d 424, 426 (E.D.N.Y. 2001) ("First, only defendants have the authority to remove an action to federal court. While several sections of the United States Code permit defendants to remove actions brought against them in state court, no section gives plaintiffs that authority." (internal citations omitted)). Under Hamilton, "[a]n action removed other than in accordance with the statutory provisions may be remanded to state court." Hamilton, 5 F.3d at 643. Further, if a plaintiff removes their own action to federal court, a district court may sua sponte remand under 28 U.S.C. 1447(c) within thirty days of the removal notice. Id. at 644. Therefore, the Clerk of the Court is directed to: (1) remand this matter to the Connecticut Superior Court, judicial district of Hartford, pursuant to 28 U.S.C. 1447(c), and (2) close this case. Signed by Judge Kari A. Dooley on 11/27/2023. (Alquesta, Steven)
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| Filing 11 NOTICE of Appearance by Jody Cappello on behalf of Beachside Detox, LLC, Barnell Phillips (Cappello, Jody) |
| Filing 10 First MOTION for Default Judgment as to AS TO BOTH DEFENDANTS by Nicole Guzzardi. (Inga, Hide) |
| Filing 9 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 #7 Electronic Filing Order, #5 Notice (Other) filed by Nicole Guzzardi, 4 Notice re: Disclosure Statement, #2 Notice (Other) filed by Nicole Guzzardi, #6 Order on Pretrial Deadlines, #1 Notice of Removal filed by Nicole Guzzardi, #3 Notice (Other) filed by Nicole Guzzardi, #8 Protective Order. Signed by Clerk on 11/3/2023. (Attachments: #1 Standing Order on Removed Cases) (Fanelle, N.) |
| Filing 5 First NOTICE by Nicole Guzzardi DISCLOSURE STATEMENT (Inga, Hide) |
| Filing 3 First NOTICE by Nicole Guzzardi CIVIL SHEET (Inga, Hide) |
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Filing 8
STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 11/2/2023. (Fanelle, N.)
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Kari A. Dooley on 11/2/2023. (Fanelle, N.)
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Filing 6
Order on Pretrial Deadlines: Amended Pleadings due by 1/1/2024 Discovery due by 5/3/2024 Dispositive Motions due by 6/7/2024. Signed by Clerk on 11/2/2023. (Fanelle, N.)
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| Filing 4 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 11/2/2023.(Anastasio, F.) |
| Judge Kari A. Dooley and Judge Robert A. Richardson added. (Freberg, B) |
| Filing 2 First NOTICE by NICOLE GUZZARDI CURRENT PENDING PAPERS (Inga, Hide) |
| Filing 1 NOTICE OF REMOVAL by NICOLE GUZZARDI from CONNECTICUT SUPERIOR COURT, case number HHD C23-6173498-S. Filing fee $ 402 receipt number BCTDC-7536307, filed by NICOLE GUZZARDI.(Inga, Hide) |
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