Calderon v. Aldi, Inc.
| Nina Calderon |
| Aldi, Inc. |
| 8:2023cv00406 |
| September 13, 2023 |
| US District Court for the District of Nebraska |
| Michael D Nelson |
| Robert F Rossiter |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
Docket Report
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Filing 16
FINDINGS AND RECOMMENDATION - IT IS HEREBY RECOMMENDED to the Honorable Robert F. Rossiter, Jr., Chief United States District Court Judge, that: Plaintiff's Motion to Remand (Filing No. #9 ) be granted, in part, and this case be remanded to the District Court of Douglas County, Nebraska, but denied as to Plaintiff's request for an award of attorney's fees and costs under 28 U.S.C. 1447(c). Defendant's Motion to Remain in Federal Court (Filing No. #12 ) be denied. A party may object to a magistrate judge's findings and recommendation by filing an objection within fourteen (14) days after being served with a copy of the findings and recommendation. NECivR 72.2. Failure to timely object may constitute a waiver of any objection. Ordered by Magistrate Judge Michael D. Nelson. (TCL)
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| Filing 15 RESPONSE regarding MOTION to Remain in Federal Court #12 by Attorney John J. Ekeh on behalf of Plaintiff Nina Calderon.(Ekeh, John) |
| Filing 14 INDEX of Evidentiary Materials In Support of ALDI Inc.'s Motion to Remain in Federal Court by Attorney Brian M. Israel on behalf of Defendant Aldi, Inc..(Israel, Brian) |
| Filing 13 BRIEF in support of Motion for Defendant ALDI Inc to Remain in Federal Court by Attorney Brian M. Israel on behalf of Defendant Aldi, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Notice of Removal, #3 Exhibit C - Calderon Motion to Remand, #4 Exhibit D - Email, #5 Exhibit E - Motion to Remand (Original))(Israel, Brian) |
| Filing 12 MOTION to Remain in Federal Court by Attorney Brian M. Israel on behalf of Defendant Aldi, Inc..(Israel, Brian) |
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Filing 11
TEXT ORDER: In light of the Motion to Remand #9 , the deadline for the parties to serve mandatory initial disclosures and to file a joint Rule 26(f) Report is stayed and will be reset, if necessary, after the court rules on the motion. Ordered by Magistrate Judge Michael D. Nelson. (JLM)
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| Filing 10 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Brian M. Israel on behalf of Defendant Aldi, Inc..(Israel, Brian) |
| Filing 9 MOTION to Remand by Attorney John J. Ekeh on behalf of Plaintiff Nina Calderon.(Ekeh, John) |
| Filing 8 NOTICE of Service of Notice of Filing of Notice of Removal by Attorney Brian M. Israel on behalf of Defendant Aldi, Inc. (Israel, Brian) |
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Filing 7
RESTRICTED CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). Ordered by Magistrate Judge Michael D. Nelson. (ADB)
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Filing 6
SCHEDULING ORDER: Rule 26 Meeting Report Deadline set for 10/16/2023. Ordered by Magistrate Judge Michael D. Nelson. (ADB)
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| Filing 5 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Aldi, Inc. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires. (JES) |
| Filing 4 TEXT NOTICE OF JUDGES ASSIGNED: Chief Judge Robert F. Rossiter, Jr. and Magistrate Judge Michael D. Nelson assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (JES) |
| Filing 3 Notice - Pursuant to Local Rule 40.1 of the US District Court for the District of Nebraska Aldi requests a trial in Omaha, NE by Attorney Alan T. Fogleman on behalf of Defendant Aldi, Inc..(Fogleman, Alan) Modified on 9/14/2023 to change docket text to a Notice rather than a Motion. See NECivR. 40.1(b) (SMN). |
| Filing 2 Aldi's ANSWER to Complaint by Aldi, Inc. (Fogleman, Alan) |
| Filing 1 NOTICE OF REMOVAL against Nina Calderon from District Court of Douglas County, Nebraska, Case number CI 23 6198 ( Filing fee $ 402, receipt number ANEDC-4939022) with attached state court pleadings, by Attorney Alan T. Fogleman on behalf of Aldi, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - State Court Record, #3 Exhibit B - Aldi Inc, Secretary of State, #4 Exhibit C - Aldi Webpage, #5 Exhibit D - Aldi, Inc. (Kansas) Secretary of State Record)(Fogleman, Alan) |
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| Plaintiff: Nina Calderon | |
| Represented By: | John J. Ekeh |
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| Defendant: Aldi, Inc. | |
| Represented By: | Alan T. Fogleman |
| Represented By: | Brian M. Israel |
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