Stewart v. Burlington Coat Factory Warehouse Corporation
| Kristin Stewart |
| Burlington Coat Factory Warehouse Corporation |
| 1:2023cv00468 |
| October 11, 2023 |
| US District Court for the District of New Hampshire |
| Joseph N Laplante |
| Talesha Leah Saint-Marc |
| Talesha L Saint-Marc |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on December 1, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 MOTION to Dismiss for Failure to State a Claim filed by Burlington Coat Factory Warehouse Corporation. HEARING REQUESTED.Follow up on Objection on 12/15/2023. 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 supporting motion to dismiss, #2 Exhibit A to MOL - Burlington Return Policy)(Wade, Lisa) Modified on 12/1/2023 to add exhibit description (jb). |
| NOTICE of ECF Filing Error re: #12 MOTION to Dismiss for Failure to State a Claim filed by Burlington Coat Factory Warehouse Corporation. No description of exhibit or attachment was included. Exhibit or attachment shall be followed by a short description of the document and shall not exceed five words. AP 2.5(a). See #Properly Attach Exhibits to Pleadings in ECF. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-369-5374.(jb) |
| Filing 11 NO CONSENT to Jurisdiction by U.S. Magistrate Judge. Because not all parties to the case consent to the assignment of a United States Magistrate Judge for all purposes including trial, pursuant to Fed. R. Civ. P. 73, 28 U.S.C. sec. 636(c), and Local Rule 73.1(b)(2), the case will be assigned to a United States District Judge. Clerk Daniel J. Lynch. (Wade, Lisa) |
| Case reassigned to Judge Joseph N. Laplante and US Magistrate Judge Talesha L. Saint-Marc. Reason for Reassignment: No Consent to Jurisdiction by U.S. Magistrate Judge.. The new case designation is: 1:23-cv-468-JL-TSM. Please show this number with the correct judge designation on all further pleadings. (bd) |
| ENDORSED ORDER granting: #10 Assented to MOTION to Extend Time to Answer to 12/01/2023. Text of Order: Granted So Ordered by US Magistrate Judge Talesha L. Saint-Marc. Answer Follow Up on 12/1/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (bd) |
| Filing 10 Assented to MOTION to Extend Time to Answer to 12/01/2023 filed by Burlington Coat Factory Warehouse Corporation.(Wade, Lisa) |
| Filing 9 NOTICE of Attorney Appearance by Philip Lawrence Fraietta on behalf of Kristin Stewart Attorney Philip Lawrence Fraietta added to party Kristin Stewart(pty:pla).(Fraietta, Philip) |
| Filing 8 NOTICE of Attorney Appearance by Matthew A. Girardi on behalf of Kristin Stewart Attorney Matthew A. Girardi added to party Kristin Stewart(pty:pla).(Girardi, Matthew) |
| Filing 7 Assented to MOTION for Matthew A. Girardi to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2432947.) filed by Kristin Stewart. (Attachments: #1 Exhibit (Affidavit) A- Affidavit of Matthew Girardi)(King, Benjamin) |
| Filing 6 Assented to MOTION for Philip L. Fraietta to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2432942.) filed by Kristin Stewart. (Attachments: #1 Exhibit (Affidavit) A- Affidavit of Philip Fraietta)(King, Benjamin) |
| ENDORSED ORDER granting: #7 Assented to 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 Talesha Leah Saint-Marc.The clerks 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. (bd) |
| ENDORSED ORDER granting: #6 Assented to 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 Talesha Leah Saint-Marc.The clerks 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. (bd) |
| ENDORSED ORDER granting: #5 Assented to MOTION to Extend Time to Answer to November 17, 2023 or Otherwise Plead. Text of Order: Granted So Ordered by US Magistrate Judge Talesha Leah Saint-Marc. Answer Follow Up on 11/17/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (bd) |
| Filing 5 Assented to MOTION to Extend Time to Answer to November 17, 2023 or Otherwise Plead filed by Burlington Coat Factory Warehouse Corporation.(Wade, Lisa) |
| Filing 4 Certified Copies of State Court Record. State Court Case No. 216-2023-CV-00565, Hillsborough (North) County Superior Court(Wade, Lisa) |
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 11/13/2023.(ed)
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| Filing 3 Disclosure Statement by Burlington Coat Factory Warehouse Corporation disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Wade, Lisa) |
| Filing 2 NOTICE of Assignment to U.S. Magistrate Judge and Consent Form sent to all parties. MJ Consent Form Due 11/30/2023.(ed) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Hillsborough County (North) Superior Court, case number 216-2023-CV-00565 (filing fee $402, receipt number ANHDC-2431110) filed by Burlington Coat Factory Warehouse Corporation. Answer Follow Up on 11/1/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 10/25/2023. (Attachments: #1 Exhibit State Court Complaint and Summons, #2 Exhibit Notice of Removal to Counsel, #3 Exhibit Notice of Removal to State Court, #4 Civil Cover Sheet, #5 Attachment to Exhibit List of Counsel)(Wade, Lisa) |
| Case assigned to US Magistrate Judge Talesha Leah Saint-Marc. The case designation is: 1:23-cv-468-TSM. Please show this number with the judge designation on all future pleadings. (ed) |
| 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) |
| NOTICE re: #1 Notice of Removal - New Case, filed by Burlington Coat Factory Warehouse Corporation. Pursuant to Federal Rules of Civil Procedure and Local Rules, Disclosure Statements must be filed after filing case initiating document. No Disclosure Statement has been filed. File Disclosure Statement using the Other Documents/Disclosure Statement event. Burlington Coat Factory Warehouse Corporation shall file a disclosure statement by October 18, 2023. Disclosure Statement due 10/18/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(ed) |
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| Plaintiff: Kristin Stewart | |
| Represented By: | Benjamin T. King |
| Represented By: | Philip Lawrence Fraietta |
| Represented By: | Matthew A. Girardi |
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| Defendant: Burlington Coat Factory Warehouse Corporation | |
| Represented By: | Lisa Snow Wade |
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