SYDER v. EXPRESS SERVICES, INC.
| SHAQUAN SYDER |
| COOPERATIVE LAUNDRY, EXPRESS SERVICES, INC., EXPRESS SERVICES, INC. doing business as EXPRESS EMPLOYMENT PROFESSIONALS and JOHN DOES 1-5 AND 6-10 |
| 2:2020cv11013 |
| August 20, 2020 |
| US District Court for the District of New Jersey |
| Edward S Kiel |
| Kevin McNulty |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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Filing 8
TEXT ORDER: Upon review of the submission of defendant Express Services, Inc. concerning the citizenship of the defendant named as Cooperative Laundry (ECF No. #7 ), the Court finds that diversity of citizenship has been demonstrated, as: (1) plaintiff is a New Jersey citizen; (2) defendant Express Services, Inc. is deemed to be a citizen of both Colorado and Oklahoma; and (3) the defendant named as Cooperative Laundry is deemed to be a citizen of New York only. As the Court possesses subject matter jurisdiction at this juncture, the case shall proceed in the manner set forth in this Court's order entered on August 24, 2020 (ECF No. #4 ). Plaintiff is strongly encouraged to either serve the defendant named as Cooperative Laundry or file proof of service as to that defendant immediately. So Ordered by Magistrate Judge Edward S. Kiel on 10/1/2020. (as, )
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Filing 7
Letter from Thomas J. Rattay. (RATTAY, THOMAS)
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Filing 6
TEXT ORDER: Defendant Express Services, Inc. (Express), in removing this case from state court based on diversity jurisdiction, has the burden of demonstrating that plaintiff -- who is a New Jersey citizen -- is completely diverse from each defendant. Express has not properly alleged the nature of organization and citizenship of the defendant named as Cooperative Laundry (Cooperative), and thus this Court is concerned that Cooperative will be deemed to be a citizen of, among other states, New Jersey and that diversity is lacking in this case. Therefore, Express is directed to do the following in an electronically-filed letter by September 29, 2020: (1) clarify whether Cooperative is a corporation or an unincorporated business organization; (2) allege Cooperative's state of incorporation and the state where it has its principal place of business pursuant to 28 U.S.C. Section 1332(c)(1) if it is a corporation; (3) properly analyze the citizenship of Cooperative if it is an unincorporated business organization; and (4) explain why this Court possesses diversity jurisdiction and why this case should remain in federal court. Express should refer to the standing order of this Court concerning these issues at https://www.njd.uscourts.gov/content/edward-s-kiel. Express is also granted leave to file a request directed to the District Judge assigned to this case by September 29, 2020 to remand the case. So Ordered by Magistrate Judge Edward S. Kiel on 9/21/2020. (as, )
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Filing 5
WAIVER OF SERVICE Returned Executed by EXPRESS SERVICES, INC.. (RATTAY, THOMAS)
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Filing 4
LETTER ORDER: A telephonic initial scheduling conference shall be held on October 27, 2020 at 1:30 p.m. before Magistrate Judge Edward S. Kiel. The Court will provide counsel with dial-in instructions. The parties shall file a proposed Joint Discovery Plan no later than three business days before the scheduled initial conference. The Court's form Joint Discovery Plan can be found at www.njd.uscourts.gov/content/edward-s-kiel. Signed by Magistrate Judge Edward S. Kiel on 8/24/2020. (as, )
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Filing 3
Exhibit to #1 Notice of Removal, Civil Cover Sheet by EXPRESS SERVICES, INC.. (RATTAY, THOMAS)
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CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Caption, Party Information. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jc, )
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Case Assigned to Judge Kevin McNulty and Magistrate Judge Edward S. Kiel. (ak, )
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Filing 2
Corporate Disclosure Statement by EXPRESS SERVICES, INC. identifying None as Corporate Parent.. (RATTAY, THOMAS)
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Filing 1
NOTICE OF REMOVAL by EXPRESS SERVICES, INC. from Superior Court of New Jersey, case number HUD L 002870 20. ( Filing and Admin fee $ 400 receipt number ANJDC-11240086), filed by EXPRESS SERVICES, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B)(RATTAY, THOMAS)
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