Bourgeois v. The TJX Companies, Inc.
| Jodi Bourgeois |
| The TJX Companies, Inc. |
| 1:2023cv00354 |
| July 14, 2023 |
| US District Court for the District of New Hampshire |
| Paul J Barbadoro |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on August 22, 2023. A more recent docket listing may be available from PACER.
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ENDORSED ORDER granting #16 Motion to Continue October 16, 2023 Hearing. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(jwb)
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| RESCHEDULING NOTICE of Motion Hearing re: #8 MOTION to Dismiss. Motion Hearing set for 11/13/2023 02:00 PM before Judge Paul J. Barbadoro.(jwb) |
| NOTICE OF RESCHEDULING OF PRETRIAL CONFERENCE. Pretrial Conference set for 11/13/2023 03:00 PM before Judge Paul J. Barbadoro. Follow up on Discovery Plan 11/6/2023. (jwb) |
| Filing 16 Assented to MOTION to Continue October 16, 2023 Hearing to October 24, 2023, November 3, 2023, or to another date that is convenient for the court filed by The TJX Companies, Inc..Follow up on Objection on 9/1/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Fennessy, Nathan) |
| Filing 15 NOTICE of Attorney Appearance by Matthew A. Girardi on behalf of Jodi Bourgeois Attorney Matthew A. Girardi added to party Jodi Bourgeois(pty:pla).(Girardi, Matthew) |
| Filing 14 NOTICE of Attorney Appearance by Philip Lawrence Fraietta on behalf of Jodi Bourgeois Attorney Philip Lawrence Fraietta added to party Jodi Bourgeois(pty:pla).(Fraietta, Philip) |
| Filing 13 Diversity of Citizenship Disclosure Statement by Jodi Bourgeois identifying the citizenship of every individual or entity whose citizenship is attributed to them. (King, Benjamin) |
| Filing 12 Assented to MOTION for Matthew A. Girardi to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2410244.) filed by Jodi Bourgeois. (Attachments: #1 Exhibit (Affidavit) A- Affidavit of Matthew Girardi)(King, Benjamin) |
| Filing 11 Assented to MOTION for Philip L. Fraietta to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2410237.) filed by Jodi Bourgeois. (Attachments: #1 Exhibit (Affidavit) A- Affidavit of Philip Fraietta)(King, Benjamin) |
| Filing 10 Disclosure Statement by The TJX Companies, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. , Diversity of Citizenship Disclosure Statement by The TJX Companies, Inc. identifying the citizenship of every individual or entity whose citizenship is attributed to them. no parent company no publicly traded company no merger agreement (Fennessy, Nathan) |
| Clerk's Notice - No Diversity Disclosure Statement Filed. The parties are directed to file a Diversity Disclosure Statement (Civil Form 4.1) within 7 days of this notice. (jwb) |
| ENDORSED ORDER granting #12 Motion for Matthew A. Girardi to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K. Johnstone.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(jwb) |
| ENDORSED ORDER granting #11 Motion for Philip L. Fraietta to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K. Johnstone.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(jwb) |
| RESCHEDULING NOTICE of Motion Hearing re: #8 MOTION to Dismiss. Motion Hearing set for 10/16/2023 02:00 PM before Judge Paul J. Barbadoro.(jwb) |
| RESCHEDULING NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 10/16/2023 03:00 PM before Judge Paul J. Barbadoro. Follow up on Discovery Plan 10/10/2023. (jwb) |
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ENDORSED ORDER granting #9 Motion to Extend Time to Object/Respond to #8 Motion to Dismiss to 09/15/2023 and Enlarge Deadline to Reply re Motion to Dismiss. Text of Order: Granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). The clerk shall reschedule the motion to dismiss hearing and pretrial conference to a date after October 6, 2023. So Ordered by Judge Paul J. Barbadoro.(jwb)
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| Filing 9 Assented to MOTION to Extend Time to Object/Respond to #8 MOTION to Dismiss to 09/15/2023 and Enlarge Deadline to Reply re Motion to Dismiss filed by Jodi Bourgeois.(King, Benjamin) |
| NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 9/25/2023 03:00 PM before Judge Paul J. Barbadoro. Follow up on Discovery Plan 9/18/2023. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to the Magistrate Judge, but are free to withhold consent without adverse consequences.(jwb) |
| NOTICE re: #8 MOTION to Dismiss. Motion Hearing set for 9/25/2023 02:00 PM before Judge Paul J. Barbadoro.(jwb) |
| Filing 8 MOTION to Dismiss filed by The TJX Companies, Inc.. HEARING REQUESTED.Follow up on Objection on 8/18/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Memorandum of Law, #2 Exhibit B. Aigboboh Declaration, #3 Attachment to Exhibit Ex A to Declaration, #4 Attachment to Exhibit Ex B to Declaration, #5 Attachment to Exhibit Ex C to Declaration, #6 Attachment to Exhibit Ex D to Declaration, #7 Attachment to Exhibit Ex E to Declaration, #8 Attachment to Exhibit Ex F to Declaration, #9 Attachment to Exhibit Ex G to Declaration, #10 Attachment to Exhibit Ex H to Declaration, #11 Attachment to Exhibit Ex I to Declaration, #12 Attachment to Exhibit Ex J to Declaration, #13 Exhibit Request for Judicial Notice)(Fennessy, Nathan) |
| ENDORSED ORDER granting #6 Motion for Phillip C. Cardon to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K. Johnstone.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(jwb) |
| Filing 7 NOTICE of Attorney Appearance by Benjamin O. Aigboboh on behalf of The TJX Companies, Inc. Attorney Benjamin O. Aigboboh added to party The TJX Companies, Inc.(pty:dft).(Aigboboh, Benjamin) |
| Filing 6 Assented to MOTION for Phillip C. Cardon to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2406621.) filed by The TJX Companies, Inc.. (Attachments: #1 Exhibit (Affidavit) Affidavit of Phillip Cardon)(Fennessy, Nathan) |
| ENDORSED ORDER granting #5 Motion for Benjamin O. Aigboboh to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K. Johnstone.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(jwb) |
| Filing 5 Assented to MOTION for Benjamin O. Aigboboh to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2405418.) filed by The TJX Companies, Inc.. (Attachments: #1 Exhibit (Affidavit) Affidavit of Benjamin Aigboboh)(Fennessy, Nathan) |
| Filing 4 Certified Copies of State Court Record. State Court Case No. 218-2023-CV-00685, Rockingham County Superior Court(Fennessy, Nathan) |
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ENDORSED ORDER granting #3 Assented to MOTION to Extend Time to Answer to August 4, 2023. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Judge Paul J. Barbadoro.(jwb)
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| Filing 3 Assented to MOTION to Extend Time to Answer to August 4, 2023 filed by The TJX Companies, Inc..(Fennessy, Nathan) |
| Filing 2 Disclosure Statement by The TJX Companies, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. (Fennessy, Nathan) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE.(ed) |
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ORDER REGARDING VISITING ATTORNEY: The Local Rules for the District of New Hampshire provide that an attorney may, at the discretion of the court, on motion by a member of our bar, be permitted to practice before this court in a particular action. Any attorney so admitted shall at all times be associated with a member of the bar of this court. Our records indicate that no motion for pro hac vice admission of Philip L. Fraietta, Esq. has been received. Unless said motion with the required fee is filed within thirty (30) days, the case may be referred to a judicial officer for appropriate action. ORDER Signed by Daniel J. Lynch, Clerk of Court. Compliance Deadline set for 8/16/2023.(ed)
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| Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:23-cv-354-PB. Please show this number with the judge designation on all future pleadings. (ed) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Rockingham County Superior Court, case number 218-2023-CV-00685 (filing fee $402, receipt number ANHDC-2399838) filed by The TJX Companies, Inc.. Answer Follow Up on 8/4/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 7/28/2023. (Attachments: #1 Exhibit A - Original Complaint, #2 Exhibit B - Notice of Removal Letter to Opposing Counsel, #3 Exhibit C - Notice of Removal Provided to State Court, #4 Civil Cover Sheet)(Fennessy, Nathan) |
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| Plaintiff: Jodi Bourgeois | |
| Represented By: | Benjamin T. King |
| Represented By: | Matthew A. Girardi |
| Represented By: | Philip Lawrence Fraietta |
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| Defendant: The TJX Companies, Inc. | |
| Represented By: | Nathan Reed Fennessy |
| Represented By: | Benjamin O. Aigboboh |
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