Pezzarossi et al v. Sherwin-Williams Company et al
Plaintiff: Perry Pezzarossi and Jennifer Pezzarossi
Defendant: Sherwin-Williams Company and John or Jane Does 1-10
Case Number: 1:2022cv00003
Filed: January 10, 2022
Court: US District Court for the Southern District of Mississippi
Presiding Judge: Halil S Ozerden
Referring Judge: Robert H Walker
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Personal Injury
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 25, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 25, 2022 Opinion or Order Filing 16 FINAL JUDGMENT: case is dismissed without prejudice. Signed by District Judge Halil S. Ozerden on 2/25/2022 (PKS)
February 25, 2022 Opinion or Order Filing 15 ORDER DISMISSING CIVIL ACTION WITHOUT PREJUDICE: this case is dismissed without prejudice for lack of subject matter jurisdiction. A separate final judgment will be entered pursuant to Federal Rule of Civil Procedure 58. Signed by District Judge Halil S. Ozerden on 2/25/2022 (PKS)
February 22, 2022 Opinion or Order Filing 14 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 3/22/2022 at 9:30 AM before Magistrate Judge Robert H Walker. (AB)
February 21, 2022 Opinion or Order Filing 13 NOTICE of Appearance by J. Patrick Strubel on behalf of Sherwin-Williams Company (Strubel, J.)
February 18, 2022 Opinion or Order Filing 12 Corporate Disclosure Statement by Sherwin-Williams Company (Ivanov, Caroline)
February 18, 2022 Opinion or Order Filing 11 ANSWER to #3 Amended Complaint by Sherwin-Williams Company.(Ivanov, Caroline)
February 14, 2022 Opinion or Order Filing 10 NOTICE of Appearance by Caroline K. Ivanov on behalf of Sherwin-Williams Company (Ivanov, Caroline)
February 2, 2022 Opinion or Order TEXT ONLY ORDER granting #7 Motion to Appear Pro Hac Vice; granting #8 Motion to Appear Pro Hac Vice; granting #9 Motion to Appear Pro Hac Vice. That Attorneys Samuel Bradley Rhorer, Zachary Stevens Walker, and Matthew Thomas Lofaso be admitted pro hac vice in this case on behalf of Plaintiffs Jennifer Pezzarossi and Perry Pezzarossi in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge Robert H Walker on 2/2/2022 (AB)
January 31, 2022 Opinion or Order Filing 9 MOTION for Matthew Thomas Lofaso to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4755436) by Jennifer Pezzarossi, Perry Pezzarossi (Attachments: #1 Exhibit Certificate of Good Standing)(Harris, David)
January 31, 2022 Opinion or Order Filing 8 MOTION for Zachary Stevens Walker to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4755385) by Jennifer Pezzarossi, Perry Pezzarossi (Attachments: #1 Exhibit Certificate of Good Standing)(Harris, David)
January 31, 2022 Opinion or Order Filing 7 MOTION for Samuel Bradley Rhorer to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4755353) by Jennifer Pezzarossi, Perry Pezzarossi (Attachments: #1 Exhibit Certificate of Good Standing)(Harris, David)
January 31, 2022 Opinion or Order Filing 6 SUMMONS Returned Executed by Perry Pezzarossi, Jennifer Pezzarossi. Sherwin-Williams Company served on 1/28/2022, answer due 2/18/2022. (Harris, David)
January 18, 2022 Opinion or Order Filing 5 Summons Issued as to Sherwin-Williams Company. (JCH)
January 18, 2022 Opinion or Order Filing 4 Summons Returned Unexecuted by Perry Pezzarossi, Jennifer Pezzarossi as to Sherwin-Williams Company. (Harris, David)
January 18, 2022 Opinion or Order Filing 3 AMENDED COMPLAINT against John or Jane Does 1-10, Sherwin-Williams Company, filed by Perry Pezzarossi, Jennifer Pezzarossi.(Harris, David)
January 11, 2022 Opinion or Order TEXT ONLY ORDER requiring Plaintiffs Perry Pezzarossi and Jennifer Pezzarossi to file an Amended Complaint on or before January 25, 2022, to establish federal subject-matter jurisdiction. Plaintiffs filed their #1 Complaint in this Court based upon diversity jurisdiction pursuant to 28 U.S.C. 1332. However, the #1 Complaint names fictitious Defendants John or Jane Does 1-10 without alleging their citizenship, which is insufficient to establish the existence of diversity jurisdiction. See Richard v. Doe, 638 F. App'x 409, 410 (5th Cir. 2016). If Plaintiffs do not file an Amended Complaint by January 25, 2022, that adequately addresses the parties' citizenship, the Court will sua sponte dismiss this action for lack of subject-matter jurisdiction. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on January 11, 2022. (ENW)
January 10, 2022 Opinion or Order Filing 2 Summons Issued as to Sherwin-Williams Company. (wld)
January 10, 2022 Opinion or Order Filing 1 COMPLAINT with jury demand against John or Jane Does 1-10, Sherwin-Williams Company ( Filing fee $ 402 receipt number 14643013977), filed by Perry Pezzarossi, Jennifer Pezzarossi. (Attachments: #1 Civil Cover Sheet)(wld)

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Plaintiff: Perry Pezzarossi
Represented By: David Neil Harris, Jr.
Represented By: Matthew T. Lofaso - PHV
Represented By: Samuel Bradley Rhorer - PHV
Represented By: Zachary S. Walker - PHV
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Plaintiff: Jennifer Pezzarossi
Represented By: David Neil Harris, Jr.
Represented By: Matthew T. Lofaso - PHV
Represented By: Samuel Bradley Rhorer - PHV
Represented By: Zachary S. Walker - PHV
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Defendant: Sherwin-Williams Company
Represented By: J. Patrick Strubel
Represented By: Caroline K. Ivanov
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Defendant: John or Jane Does 1-10
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