Guzzardi v. Beachside Detox, LLC et al
Plaintiff: MS NICOLE GUZZARDI and Nicole Guzzardi
Defendant: BEACHSIDE DETOX, LLC, M.D. PHILLIPS BARNELL and Barnell Phillips
Case Number: 3:2023cv01445
Filed: November 2, 2023
Court: US District Court for the District of Connecticut
Presiding Judge: Kari A Dooley
Referring Judge: Robert A Richardson
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Medical Malpractice
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 8, 2023 Filing 13 Case remanded to State Court Judicial District of Hartford. (Fanelle, N.)
November 29, 2023 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.)
November 27, 2023 Opinion or Order 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)
November 27, 2023 Filing 11 NOTICE of Appearance by Jody Cappello on behalf of Beachside Detox, LLC, Barnell Phillips (Cappello, Jody)
November 22, 2023 Filing 10 First MOTION for Default Judgment as to AS TO BOTH DEFENDANTS by Nicole Guzzardi. (Inga, Hide)
November 3, 2023 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.)
November 3, 2023 Filing 5 First NOTICE by Nicole Guzzardi DISCLOSURE STATEMENT (Inga, Hide)
November 3, 2023 Filing 3 First NOTICE by Nicole Guzzardi CIVIL SHEET (Inga, Hide)
November 2, 2023 Opinion or Order Filing 8 STANDING PROTECTIVE ORDER Signed by Judge Kari A. Dooley on 11/2/2023. (Fanelle, N.)
November 2, 2023 Opinion or Order 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.)
November 2, 2023 Opinion or Order 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.)
November 2, 2023 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.)
November 2, 2023 Judge Kari A. Dooley and Judge Robert A. Richardson added. (Freberg, B)
November 2, 2023 Filing 2 First NOTICE by NICOLE GUZZARDI CURRENT PENDING PAPERS (Inga, Hide)
November 2, 2023 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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Plaintiff: MS NICOLE GUZZARDI
Represented By: Hide W. Inga
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Plaintiff: Nicole Guzzardi
Represented By: Hide W. Inga
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Defendant: BEACHSIDE DETOX, LLC
Represented By: Jody Cappello
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Defendant: M.D. PHILLIPS BARNELL
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Defendant: Barnell Phillips
Represented By: Jody Cappello
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