FEINMAN v. MACY'S, INC. et al
| Michael S. Feinman |
| Bloomingdale's, Inc., MACY'S, INC. and BLOOMINGDALES, INC. |
| 2:2020cv15868 |
| November 11, 2020 |
| US District Court for the District of New Jersey |
| Claire C Cecchi |
| Edward S Kiel |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Docket Report
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| Set Deadlines as to #9 MOTION to Dismiss . Motion set for 2/1/2021 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (bt, ) |
| Filing 9 MOTION to Dismiss by BLOOMINGDALES, INC., MACY'S, INC.. Responses due by 1/19/2021 (Attachments: #1 Brief, #2 Certification of Kerrie R. Heslin, Esq., #3 Exhibit A-C to Certification of Kerrie R. Heslin, Esq., #4 Text of Proposed Order, #5 Certificate of Service)(HESLIN, KERRIE) |
Filing 8
LETTER ORDER: The Court shall enter a scheduling order setting forth dates for discovery on or about February 1, 2021. The parties shall file a proposed discovery plan by January 25, 2021. Signed by Magistrate Judge Edward S. Kiel on 12/28/2020. (as, )
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Filing 7
TEXT ORDER: In response to an inquiry (ECF No. 5 ), defendants have demonstrated complete diversity between plaintiff (a New Jersey citizen), and defendants Macy's, Inc. and Bloomingdale's, LLC (each deemed to be a citizen of Delaware and New York). (ECF No. #6 .) This litigation will now proceed accordingly. Defendants must file a new notice of motion (and not a letter) to reinstate their motion to dismiss, and defendants may rely upon the papers filed previously in support thereof. So Ordered by Magistrate Judge Edward S. Kiel on 12/28/2020. (as, )
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| Filing 6 Letter from Kerrie R. Heslin re 5 Order on Motion to Dismiss,,,,,. (HESLIN, KERRIE) |
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Filing 5
TEXT ORDER: Defendants removed this case solely based on diversity jurisdiction (ECF No. 1 at p.1; ECF No. 1-3 at p.1), which requires plaintiff's citizenship to be completely diverse from each defendant. Defendants have not properly alleged the nature of organization and citizenship of the defendant identified as Bloomingdale's, Inc., n/k/a Bloomingdale's, LLC (BMD), and thus this Court is concerned that BMD will be deemed to be a citizen of, among other states, New Jersey and that diversity is lacking. Therefore, defendants are directed to do the following in an electronically-filed letter by January 5, 2021: (1) clarify whether BMD is a corporation or a limited liability company; (2) allege BMD'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 BMD with specificity if it is a limited liability company; and (4) explain why this Court possesses diversity jurisdiction. Defendants must refer to the standing order of this Court concerning these issues at https://www.njd.uscourts.gov/content/edward-s-kiel. In the interim, the pending motion to dismiss (ECF No. #4 ) is administratively terminated without prejudice, and the parties will refrain from filing further motions until the Court determines jurisdiction. So Ordered by Magistrate Judge Edward S. Kiel on 12/21/2020. (as, )
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| Set/Reset Deadlines as to #4 MOTION to Dismiss . Motion set for 1/4/2021 before Judge Claire C. Cecchi. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, ) |
| Filing 4 MOTION to Dismiss by BLOOMINGDALES, INC., MACY'S, INC.. Responses due by 12/21/2020 (Attachments: #1 Brief, #2 Certification of Kerrie R. Heslin, Esq., #3 Exhibit A-C to Certification of Kerrie R. Heslin, Esq., #4 Text of Proposed Order, #5 Certificate of Service)(HESLIN, KERRIE) |
| Clerk`s Text Order - The document #3 Application for Clerk's Order to Ext Answer/Proposed Order submitted by MACY'S, INC., BLOOMINGDALES, INC. has been GRANTED. The answer due date has been set for 12/2/2020. (ld, ) |
| Filing 3 Application and Proposed Order for Clerk's Order to extend time to answer. (HESLIN, KERRIE) |
| Case Assigned to Judge Claire C. Cecchi and Magistrate Judge Edward S. Kiel. (ak, ) |
| Filing 2 Corporate Disclosure Statement by Bloomingdale's, Inc., MACY'S, INC. identifying Macy's Retail Holdings, LLC, wholly-owned subsidiary of Macy's, Inc. as Corporate Parent.. (HESLIN, KERRIE) |
| Filing 1 NOTICE OF REMOVAL by MACY'S, INC., Bloomingdale's, Inc. from Superior Court of New Jersey, Law Div., Morris County, case number MRS-L-000292-20. ( Filing and Admin fee $ 400 receipt number ANJDC-11639690), filed by MACY'S, INC., Bloomingdale's, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Complaint and Certification Received by Mail, #3 Civil Cover Sheet, #4 Certificate of Service)(HESLIN, KERRIE) |
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