CECALA v. BRIGHTVIEW, INC et al
| CHRISTOPHER CECALA |
| BRIGHTVIEW, INC, JOHN DOES 1-10 and ABC CORP. I-X |
| 2:2023cv00036 |
| January 5, 2023 |
| US District Court for the District of New Jersey |
| Claire C Cecchi |
| Edward S Kiel |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal- Breach of Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 11, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Minute Entry for proceedings held before Magistrate Judge Edward S. Kiel: Telephone Status Conference held on 2/21/2023. (sms)
|
|
Filing 21
ORDER that Plaintiff is granted leave to file an amended complaint by 3/10/2023. Accordingly, the Clerk of the Court is directed to terminate the Motion at ECF #17 . A telephone conference is scheduled for 5/17/2023 at 10:00 a.m. Signed by Magistrate Judge Edward S. Kiel on 2/21/2023. (qa, )
|
|
Filing 20
Joint Discovery Plan by BRIGHTVIEW, INC.(MOORE, MARY)
|
|
Filing 19
TEXT ORDER: In consideration of the termination of defendant's motion to seal (ECF No. #16 ), the telephonic hearing scheduled for February 21, 2023 at 9:45 a.m. (ECF No. 14 ) is converted back to an initial scheduling conference. The parties are directed to the order at ECF No. #10 concerning the proposed joint discovery plan to be filed in advance of the initial scheduling conference. The dial in number is 1-888-684-8852 and the access code is 310-0383#. So Ordered by Magistrate Judge Edward S. Kiel on 2/8/2023. (sms)
|
|
Filing 18
TEXT ORDER: In view of defendants' withdrawal of the motion to seal (see ECF Nos. #13 , #15 , #16 ), the declaration filed on January 13, 2023 (ECF No. #8 ) is unsealed. So Ordered by Magistrate Judge Edward S. Kiel on 2/9/2023. (bms)
|
|
Filing 17
MOTION to Dismiss Motion to Dismiss to be linked to ECF #12 by BRIGHTVIEW, INC. Responses due by 2/22/2023. (MOORE, MARY) Modified on 2/9/2023 (qa, ).
|
|
Set Deadlines as to #17 MOTION to Dismiss Motion to Dismiss to be linked to ECF 12. Motion set for 3/6/2023 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. (qa, )
|
|
Filing 16
LETTER ORDER that #13 Defendant's motion to seal is administratively terminated without prejudice as being withdrawn. To reinstate defendant's motion to dismiss filed on January 25, 2023 #12 , defendant is directed to file a new notice of motion, with reference to the papers previously filed in support under ECF #12 and any appropriate supplemental papers, by February 15, 2023. Signed by Magistrate Judge Edward S. Kiel on 2/8/2023. (qa, ) (Main Document 16 replaced on 2/22/2023) (qa, ).
|
|
Filing 15
Letter from Mary L. Moore, Esq. to Hon. Edward Kiel U.S.M.J. re response to Text Order dated February 2, 2023 re 14 Order,,,,. (MOORE, MARY)
|
|
Filing 14
TEXT ORDER: The initial scheduling conference scheduled for February 21, 2023 at 9:45 a.m. (ECF No. #10 ) is converted to a telephonic hearing on defendant's motion to seal (Motion) (ECF No. 13). Defendant is directed to file a supplemental letter-brief by February 10, 2023, which shall address the holdings in 3376 Lake Shore, LLC v. Lamb's Yacht Center, Inc., 2014 WL 12621574 (M.D. Fla. Aug. 25, 2014), Smith v. Westminster Management, LLC, 2018 WL 572867 (D. Md. Jan. 26, 2018), and MHA, LLC v. Siemens Healthcare Diagnostic, Inc., 2017 WL 838797 (D.N.J. Mar. 2, 2017). Defendant is also directed to conduct a good faith search of case law relevant to resolving the Motion and provide citations to same. Plaintiff may file a response to the Motion by February 17, 2023. Defendant's supplemental letter-brief and plaintiff's response shall each be limited to 10 double-spaced pages. Defendant's motion to dismiss (ECF No. #12 ) is administratively terminated pending further order of the Court. So Ordered by Magistrate Judge Edward S. Kiel on 2/2/2023. (sms)
|
|
Filing 13
First MOTION to Seal Document #8 Declaration,, Notice of Motion on Consent to Seal the Declaration in Support of Defendant's Petition of Removal, Docket Entry 8 by BRIGHTVIEW, INC. (Attachments: #1 Brief, #2 Declaration Declaration of Mary L. Moore, Esq., #3 Certificate of Service Certification of Service, #4 Text of Proposed Order Consent Order to Seal)(MOORE, MARY)
|
|
Set Deadlines as to #13 First MOTION to Seal Document #8 Declaration,, Notice of Motion on Consent to Seal the Declaration in Support of Defendant's Petition of Removal, Docket Entry 8. Motion set for 2/21/2023 before Magistrate Judge Edward S. Kiel. 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. (qa, )
|
|
Filing 12
First MOTION to Dismiss Defendant's Notice of Motion to Dismiss the Complaint by BRIGHTVIEW, INC. Responses due by 2/21/2023. (Attachments: #1 Brief Memorandum of Law, #2 Declaration Declaration of Mary L. Moore, Esq., #3 Index Compendium of Unpublished Cases, #4 Text of Proposed Order Proposed Order, #5 Certification Certificate of Service)(MOORE, MARY)
|
|
Filing 11
NOTICE of Appearance by JAYAT P. KANETKAR on behalf of CHRISTOPHER CECALA (KANETKAR, JAYAT)
|
|
CLERK'S QUALITY CONTROL MESSAGE - The #11 Notice of Appearance submitted by Jayat Kanetkar on 1/25/2023 appears to have address information that does not match the court's records for this case. Please refer to the court's website at www.njd.uscourts.gov for information and instructions on maintaining your account. (qa, )
|
|
Set Deadlines as to #12 First MOTION to Dismiss Defendant's Notice of Motion to Dismiss the Complaint. Motion set for 2/21/2023 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. (qa, )
|
|
Filing 10
LETTER ORDER: A telephonic initial scheduling conference shall be held on February 21, 2023 at 9:45 a.m. before Magistrate Judge Edward S. Kiel. The dial in number is 1-888-684-8852 and the access code is 310-0383#. 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 # here. So Ordered by Magistrate Judge Edward S. Kiel on 1/20/2023. (sms)
|
|
Filing 9
TEXT ORDER: On review of defendant's response dated January 13, 2023 (Response) to the Court's jurisdictional inquiry (ECF No. 6), diversity of citizenship has been demonstrated at this juncture. This case will now proceed accordingly. Defendant's counsel is reminded to move under Local Rule 5.3(c)(2) to seal the Response. (bms)
|
|
Filing 8
DECLARATION of Brightview Senior Living LLC re 6 Order,, Removal and Rule 7.1 by BRIGHTVIEW, INC. (MOORE, MARY)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
|
|
Filing 7
DECLARATION of Brightview Senior Living LLC re 6 Order,, Removal and Rule 7.1 by BRIGHTVIEW, INC. (MOORE, MARY)
|
|
CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1, a disclosure statement is required to be filed by parties and intervenors in diversity actions to identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Such disclosure statements must be filed with the parties, intervenors or proposed intervenors first appearance, pleading, petition, motion, response or other request addressed to the Court. (qa, )
|
|
Clerk`s Text Order - The document #3 Application for Clerk's Order to Ext Answer/Proposed Order submitted by BRIGHTVIEW, INC has been GRANTED. The answer due date has been set for 1/26/2023. (qa, )
|
|
Filing 6
TEXT ORDER: For this action removed under diversity jurisdiction, by January 17, 2023 defendant is ORDERED to file: (1) proof of plaintiff's citizenship (and not residency) beyond what has already been submitted; and (2) a declaration completely analyzing its citizenship with specificity in a manner that complies with the # standing order concerning unincorporated business organizations and with 28 U.S.C. 1332. So Ordered by Magistrate Judge Edward S. Kiel on 1/7/23. (bms)
|
|
Filing 5
Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (ak, )
|
|
Case Assigned to Judge Claire C. Cecchi and Magistrate Judge Edward S. Kiel. (ak, )
|
|
CASE REFERRED to Arbitration. (ak, )
|
|
Filing 4
NOTICE of Appearance by MARY L. MOORE on behalf of BRIGHTVIEW, INC (MOORE, MARY)
|
|
Filing 3
Application and Proposed Order for Clerk's Order to extend time to answer Attorney MARTIN W. ARON for BRIGHTVIEW, INC added. (ARON, MARTIN)
|
|
Filing 2
Corporate Disclosure Statement by BRIGHTVIEW, INC. (ARON, MARTIN)
|
|
Filing 1
NOTICE OF REMOVAL by BRIGHTVIEW, INC from Bergen County Superior Court, case number BER-L-6587-22. ( Filing and Admin fee $ 402 receipt number ANJDC-13936326), filed by BRIGHTVIEW, INC. (Attachments: #1 Notice of Compliance, #2 Statement Case Information Statement, #3 Certification Certification of Service)(ARON, MARTIN)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New Jersey District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
