Flinn v. Best Buy Stores, L.P.
Plaintiff: Mark H Flinn
Defendant: Best Buy Stores, L.P.
Case Number: 1:2022cv11154
Filed: July 18, 2022
Court: US District Court for the District of Massachusetts
Presiding Judge: Indira Talwani
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 13, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2022 Filing 14 Case file sent to Essex Superior Court. (Kelly, Danielle)
September 13, 2022 Filing 13 Judge Indira Talwani: ORDER entered. ORDER REMANDING CASE. Please see attached. (Kelly, Danielle)
September 1, 2022 Filing 12 RESPONSE TO ORDER TO SHOW CAUSE by Best Buy Stores, L.P.. (Attachments: #1 Exhibit A)(Baker, Megan)
August 24, 2022 Filing 11 RESPONSE TO ORDER TO SHOW CAUSE by Mark H Flinn. (Attachments: #1 Exhibit)(Kelly, Danielle)
August 18, 2022 Filing 10 Judge Indira Talwani: ORDER entered. ORDER TO SHOW CAUSE. Show Cause Response due by September 1, 2022. (Kelly, Danielle)
July 25, 2022 Filing 9 MEMORANDUM in Support re #8 MOTION for More Definite Statement filed by Best Buy Stores, L.P.. (Baker, Megan)
July 25, 2022 Filing 8 MOTION for More Definite Statement by Best Buy Stores, L.P..(Baker, Megan)
July 21, 2022 Filing 7 NOTICE by Best Buy Stores, L.P. re #1 Notice of Removal, Affidavits in Further Support of Removal (Attachments: #1 Affidavit of Hannah Olson, Esq. in Support of Removal, #2 Affidavit of Megan K. Baker, Esq. in Support of Removal, #3 Exhibit 1 of Affidavit of Megan Baker, #4 Exhibit 2 of Affidavit of Megan Baker, #5 Exhibit 3 of Affidavit of Megan Baker, #6 Exhibit 4 of Affidavit of Megan Baker)(Baker, Megan)
July 19, 2022 Filing 6 Judge Indira Talwani: ELECTRONIC ORDER: The Notice of Removal #1 identifies the Defendant as Best Buy Stores, L.P. The Defendant claims it was improperly sued as Best Buy Co. Inc., but it is actually a Virginia limited partnership with a principal place of business in Minnesota. The citizenship of a limited partnership (LP) is determined by the citizenship of its partners. Carden v. Arkoma Assocs., 494 U.S. 185, 195 (1990); see Pramco, LLC ex rel. CFSC Consortium, LLC v. San Juan Bay Marina, Inc., 435 F.3d 51, 55 (1st Cir. 2006). The jurisdictional issue has the potential to be iterative: if any partner of the LP is another unincorporated association, the court looks to the citizenship of that member or partner, and so on. D.B. Zwirn Special Opportunities Fund, L.P. v. Mehrotra, 661 F.3d 124, 127 (1st Cir. 2011) (per curiam). Accordingly, Best Buy Stores, L.P. shall promptly supplement its Notice of Removal #1 with an affidavit of jurisdictional facts relevant to the citizenship of its partner(s). The court anticipates remanding the action for lack of subject matter jurisdiction if the parties are not of diverse citizenship. (Kelly, Danielle)
July 19, 2022 Filing 5 Certified Copy of Notice of Removal Provided to Defense Counsel by Email. (Pacho, Arnold)
July 19, 2022 Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Paul G. Levenson. (Finn, Mary)
July 18, 2022 Filing 3 NOTICE of Appearance by Megan K. Baker on behalf of Best Buy Stores, L.P. (Baker, Megan)
July 18, 2022 Filing 2 NOTICE by Best Buy Stores, L.P. Notice of Pending Motions (Baker, Megan)
July 18, 2022 Filing 1 NOTICE OF REMOVAL by Best Buy Stores, L.P. ( Filing fee: $ 402, receipt number AMADC-9415779 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet, #4 Category Form)(Baker, Megan) (Attachment 4 replaced on 7/19/2022) (Pacho, Arnold). Modified on 7/19/2022 to attach corrected category form. (Pacho, Arnold).

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Plaintiff: Mark H Flinn
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Defendant: Best Buy Stores, L.P.
Represented By: Megan K. Baker
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