Martell v. Lowe's Home Centers, LLC
| Kenenth W Martell |
| Lowe's Home Centers, LLC |
| 1:2022cv12106 |
| December 12, 2022 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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| Document Text |
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| Filing 6 RESPONSE TO COURT ORDER by Lowe's Home Centers, LLC . (Attachments: #1 Affidavit of Rachel Poulton)(Garcia, Grace) |
| Filing 5 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Defendants Lowes Home Centers LLC having answered the Complaint, the court orders the following pretrial schedule:"[T]he citizenship of a limited liability company is 'determined by the citizenship of all of its members.'" D.B. Zwirn Special Opportunities Fund, L.P. v. Mehrotra, 661 F.3d 124, 125 (1st Cir. 2011), quoting Pramco, LLC ex rel. CFSC Consortium, LLC v. San Juan Bay Marina, Inc., 435 F.3d 51, 54 (1st Cir. 2006). Lowe's Home Centers, LLC, when removing this case from state court, failed to identify its members and their citizenship and thus does not adequately establish that there is complete diversity between plaintiff and defendant. By January 27, 2023, defendant Lowes Home Centers LLC must show cause that complete diversity exists between the parties so as to permit removal of this case to federal court. If so, Initial Disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by 2/10/23; Motions for leave to Amend Pleadings & Joinder of Parties must be filed by 3/31/23. Without leave of court, the parties are permitted to serve 30 interrogatories, 30 requests for admissions and 30 document requests, to be served within the 30 days of initial disclosures (3/10/2023). The court expects responses to be made in thirty days, unless a request for additional time is granted. A party may not notice more than 3 deponents without leave of court on a showing of good cause. If all parties would like to participate in the court's mediation program, they must notify our docket clerk Arnold Pacho (617-748-9812) by 5/26/23 (it may take several weeks to get a mediation date). All fact discovery must be completed no later than 6/19/23.The court notes that, in this session, treating physicians are not required to produce Rule 26 expert reports, rather plaintiff's relevant medical records are produced as part of fact discovery. This responsibility can also be accomplished by plaintiff presenting completed releases for relevant records and providers by 2/10/23 as part of his automatic disclosures. Plaintiff is obligated to supplement these records of relevant ongoing treatment under the procedural rules.Plaintiff shall designate any additional expert(s) (other than treating physicians who have produced their relevant records) and serve Rule 26(a)(2) reports no later than 7/19/23; defendants expert witness(es), if any, will be designated and Rule 26(a)(2) reports filed no later than 8/9/23. Expert discovery must be completed by 9/1/23.If dispositive motions are appropriate (rare in negligence cases), they are due by 9/22/23, with Oppositions to dispositive motions due 10/13/23; Reply, if any, by leave of court. If no experts are designated, dispositive motions are due by 7/19/23; Oppositions by 8/9/23.(Zierk, Marsha) |
| Filing 4 ANSWER to Complaint with Jury Demand by Lowe's Home Centers, LLC.(Garcia, Grace) |
| Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (McManus, Caetlin) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 Jennifer C. Boal. (Finn, Mary) |
| Filing 1 NOTICE OF REMOVAL by Lowe's Home Centers, LLC ( Filing fee: $ 402, receipt number AMADC-9626738 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Category Form)(Monaco, Peter) (Attachment 4 replaced on 12/12/2022) (McManus, Caetlin). |
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| Plaintiff: Kenenth W Martell | |
| Represented By: | Stephen T. David |
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| Defendant: Lowe's Home Centers, LLC | |
| Represented By: | Peter A. Monaco |
| Represented By: | Grace V. Bacon Garcia |
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