REVILL v. TARGET STORES INC. et al
Plaintiff: JAMIE REVILL
Defendant: JOHN DOES (11-20), TARGET CORPORATION, TARGET STORES INC. and JOHN DOES (1-10)
Case Number: 1:2021cv12819
Filed: June 22, 2021
Court: US District Court for the District of New Jersey
Presiding Judge: Ann Marie Donio
Referring Judge: Noel L Hillman
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2021 Minute Entry for proceedings held before Magistrate Judge Ann Marie Donio: Telephone Status Conference held on 8/3/2021. (sb, )
July 29, 2021 Opinion or Order Filing 13 TEXT ORDER: The telephonic initial scheduling conference on 8/3/2021 at 12:00 P.M. shall be, and is hereby, CONVERTED to a telephonic status conference. The requirement to submit a joint discovery plan is waived at this time. Counsel shall utilize the same dial-in instructions as previously provided by the Court. SO ORDERED by Magistrate Judge Ann Marie Donio on 7/29/2021. (slc)
July 28, 2021 Opinion or Order Filing 12 TEXT ORDER - The Court is in receipt of Defendants' July 26, 2021 Letter [ECF 10] explaining that the parties have executed a stipulation stating that damages in this action will be capped at $75,000 [ECF 11], and therefore requesting that the Court remand this action. The Court will not remand this action at this stage, as "parties cannot unilaterally consent to the remand of the case when this Court had at the time of removal, and continues to have, subject matter jurisdiction over the action," McNally v. Waterford Township, 1:19-cv-17923-NLH-AMD, 2019 WL 6117728, at *2 (D.N.J. Nov. 18, 2019), and "a party's decision to cap their own damages at a later stage in a proceeding does not divest this Court of subject-matter jurisdiction over the action." Cuffee v. Harrah's Resort Atlantic City, No. 1:21-cv-01258-NLH-KMW, 2021 WL 973491, at * (D.N.J. Mar. 16, 2021) (citing St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283, 292-93 (1938) (announcing long ago that if "the plaintiff after removal, by stipulation, by affidavit, or by amendment of his pleadings, reduces the claim below the requisite amount, [it] does not deprive the district court of jurisdiction")). If the parties wish to remand this matter, they shall file a Motion to Remand and explain why this Court no longer has or never had subject matter jurisdiction over this matter. The parties may also follow Fed. R. Civ. P. 41(a)(1)(A), which provides that a plaintiff may dismiss its action without a court order by filing (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared. If it is the first dismissal, the rule expressly provides that dismissal is without prejudice. Fed. R. Civ. P. 41(a)(1)(B). Thereafter, to the extent allowed by state law, Plaintiff may refile her action in state court.So Ordered by Judge Noel L. Hillman on 07/28/2021. (mlm)
July 28, 2021 NOTICE: Joint Discovery Plan due to Judge Donio's Chambers for 8/3/2021 Scheduling Conference. See Order dated 6/25/2021 and Text Order dated 7/6/2021. (sb, )
July 26, 2021 Filing 11 STIPULATION as to the Amount of Damages by TARGET CORPORATION, TARGET STORES INC.. (PETRYCKI, JOHN)
July 26, 2021 Filing 10 Letter from Joshua P. Locke, Esquire to The Honorable Ann Marie Donio. (PETRYCKI, JOHN)
July 23, 2021 Filing 9 NOTICE of Appearance by CHRISTOPHER ROBERT DURSO on behalf of JAMIE REVILL (DURSO, CHRISTOPHER)
July 6, 2021 Opinion or Order Filing 8 TEXT ORDER: The initial scheduling conference on 7/27/2021 shall be, and is hereby, RESCHEDULED to 8/3/2021 at 12:00 Noon and shall be conducted VIA TELEPHONE. Counsel shall utilize the following dial-in instructions for the conference: 1-888-684-8852 / 2828702# / 654321#. Additionally, the joint discovery plan shall either be filed on the docket, or alternatively, emailed to njdnef_donio@njd.uscourts.gov. SO ORDERED by Magistrate Judge Ann Marie Donio on 7/6/2021. (slc)
June 25, 2021 Opinion or Order Filing 7 AMENDED ORDER Initial Conference set for 7/27/2021 11:00 AM in Teleconference before Magistrate Judge Ann Marie Donio.. Signed by Magistrate Judge Ann Marie Donio on 6/25/2021. (rtm, )
June 25, 2021 Opinion or Order Filing 6 Order Initial Conference set for 7/27/2021 11:00 AM in Teleconference before Magistrate Judge Matthew J. Skahill.. Signed by Magistrate Judge Ann Marie Donio on 6/25/2021. (rtm, )
June 24, 2021 Filing 5 ANSWER to Complaint with Separate Defenses, Notice of Designation of Trial Counsel, Certification and Jury Deman by TARGET CORPORATION, TARGET STORES INC..(PETRYCKI, JOHN)
June 22, 2021 Filing 4 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (pr,n.m)
June 22, 2021 Filing 3 Corporate Disclosure Statement by TARGET CORPORATION. (PETRYCKI, JOHN)
June 22, 2021 Filing 2 Corporate Disclosure Statement by TARGET STORES INC. identifying Target Corporation as Corporate Parent.. (PETRYCKI, JOHN)
June 22, 2021 Filing 1 NOTICE OF REMOVAL by TARGET STORES INC. Improperly Pleaded as Target Stores and Target Corporation from Superior Court of New Jersey Burlington County, case number BUR-L-700-21. ( Filing and Admin fee $ 402 receipt number ANJDC-12566511), filed by TARGET STORES INC.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(PETRYCKI, JOHN)
June 22, 2021 Judge Noel L. Hillman and Magistrate Judge Ann Marie Donio added. (mmb, )
June 22, 2021 Opinion or Order Order in all cases in which the basis of jurisdiction is 28 U.S.C. 1332, Diversity of Citizenship: Whether or not the Court issues an Order to Show Cause or other Order directing the filing of an amended pleading or removal petition on the issue of jurisdiction, the parties in all diversity cases are required to complete and file a Joint Certification of the Citizenship of the Parties, #click here, no later than the first Rule 16 conference.. Signed by Judge Noel L. Hillman on 6/22/2021. (pr, )
June 22, 2021 CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Cause of Action,Jury Demand,Party Information, . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (pr, )
June 22, 2021 CASE REFERRED to Arbitration. (pr, )

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Defendant: JOHN DOES (11-20)
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Defendant: TARGET CORPORATION
Represented By: JOHN V. PETRYCKI
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Defendant: TARGET STORES INC.
Represented By: JOHN V. PETRYCKI
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Defendant: JOHN DOES (1-10)
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Plaintiff: JAMIE REVILL
Represented By: DAVID A. ROSENBAUM
Represented By: CHRISTOPHER ROBERT DURSO
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