BEST BUY STORES, L.P. v. FACTORY DIRECT OF SECAUCUS, LLC
| BEST BUY STORES, L.P. |
| FACTORY DIRECT OF SECAUCUS, LLC doing business as ASHLEY HOME STORE |
| 2:2023cv00161 |
| January 12, 2023 |
| US District Court for the District of New Jersey |
| Edward S Kiel |
| Brian R Martinotti |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on March 10, 2023. A more recent docket listing may be available from PACER.
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Filing 24
TEXT ORDER: On review of defendant's response filed on March 9, 2023 (ECF No. #23 ) to the Court's jurisdictional inquiry (ECF No. 15) that defendant is deemed a citizen of both New Jersey and New York, and as plaintiff is deemed a citizen of both Nevada and Minnesota (ECF No. #1 ), diversity of citizenship has been demonstrated at this juncture. This case will proceed accordingly. So Ordered by Magistrate Judge Edward S. Kiel on 3/10/2023. (bms)
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| Filing 23 DECLARATION REGARDING CITIZENSHIP OF UNINCORPORATED ASSOCIATIONS by FACTORY DIRECT OF SECAUCUS, LLC. (CUMMINS, HARRY) |
| Filing 22 Notice of Request by Pro Hac Vice J. Haynes Hansen to receive Notices of Electronic Filings. (VOSHELL, GREGORY) |
| Filing 21 Notice of Request by Pro Hac Vice Anne M. Lockner to receive Notices of Electronic Filings. (VOSHELL, GREGORY) |
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Filing 20
ORDER granting #18 Motion for Leave to Appear Pro Hac Vice as to Mark I. Reisman. Signed by Magistrate Judge Edward S. Kiel on 3/6/2023. (sm)
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Filing 19
ORDER granting #17 Motion for Leave to Appear Pro Hac Vice as to Mark A. Rubeo. Signed by Magistrate Judge Edward S. Kiel on 3/6/2023. (sm)
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| Filing 18 MOTION for Leave to Appear Pro Hac Vice by FACTORY DIRECT OF SECAUCUS, LLC. (Attachments: #1 Statement Certified Statement of Harry A. Cummins, #2 Statement Certified Statement of Mark I. Reisman, Esq., #3 Text of Proposed Order Proposed Order)(CUMMINS, HARRY) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice by FACTORY DIRECT OF SECAUCUS, LLC. (Attachments: #1 Statement Certified Statement of Harry A. Cummins, #2 Statement Certified Statement of Mark A. Rubeo, #3 Text of Proposed Order Proposed Order)(CUMMINS, HARRY) |
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Filing 16
TEXT ORDER: The motion for leave to appear pro hac vice (ECF No. #14 ) is denied without prejudice because the two applicants failed to: (1) sign their certifications with handwritten signatures; and (2) include the correct jurat, see 28 U.S.C. 1746. Leave is granted for separate renewed motions, i.e., one per application, to be filed. Please consult Local Civil Rule 101.1(c) and paragraph 5 of the Court's # Civil Case Management Order. So Ordered by Magistrate Judge Edward S. Kiel on 3/3/2023. (bms)
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| Pro Hac Vice fee: $150.00, receipt number NEW47931 as to John Haynes Hansen. (ps) |
| Pro Hac Vice fee: $150.00, receipt number NEW47930 as to Anne Lockner. (ps) |
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Filing 15
TEXT ORDER: In this diversity action, defendant Factory Direct Of Secaucus, LLC, which appears to be a limited liability company, is ORDERED to file by March 9, 2023 a declaration completely analyzing its own citizenship with specificity in compliance with the standing # order concerning unincorporated business organizations and with 28 U.S.C. 1332. So Ordered by Magistrate Judge Edward S. Kiel on 3/2/2023. (bms)
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| Filing 14 MOTION for Leave to Appear Pro Hac Vice by FACTORY DIRECT OF SECAUCUS, LLC. (Attachments: #1 Statement Certified Statement of Mark A. Rubeo, Jr., Esq., #2 Statement Certified Statement of Mark I. Reisman, Esq., #3 Statement Certified Statement of Harry A. Cummins, #4 Text of Proposed Order Proposed Order)(CUMMINS, HARRY) |
| Filing 13 NOTICE of Appearance by HARRY A. CUMMINS on behalf of FACTORY DIRECT OF SECAUCUS, LLC (CUMMINS, HARRY) |
| Set Deadlines as to #14 MOTION for Leave to Appear Pro Hac Vice . Motion set for 3/20/2023 before Judge Brian R. Martinotti. 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. (sm) |
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Filing 12
STIPULATION AND ORDER EXTENDING TIME TO ANSWER OR OTHERWISE MOVE that Defendant's time to answer is adjourned on consent to 3/20/2023. Signed by Magistrate Judge Edward S. Kiel on 2/23/2023. (sm)
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| Filing 11 STIPULATION EXTENDING TIME TO ANSWER OR OTHERWISE MOVE by FACTORY DIRECT OF SECAUCUS, LLC. (CUMMINS, HARRY) |
| Answer Due Deadline Update - The document submitted by FACTORY DIRECT OF SECAUCUS, LLC has been GRANTED. The answer due date has been set for 3/20/2023. (sm) |
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Filing 10
ORDER granting #8 Motion for Leave to Appear Pro Hac Vice of John Haynes Hansen. Signed by Magistrate Judge Edward S. Kiel on 2/22/2023. (sm)
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Filing 9
ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of Anne M. Lockner. Signed by Magistrate Judge Edward S. Kiel on 2/22/2023. (sm)
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| Filing 8 First MOTION for Leave to Appear Pro Hac Vice by BEST BUY STORES, L.P.. (Attachments: #1 Declaration of J. Haynes Hansen In Support, #2 Text of Proposed Order Granting Permission to Practice Pro Hac Vice, #3 Certificate of Service)(VOSHELL, GREGORY) |
| Filing 7 First MOTION for Leave to Appear Pro Hac Vice by BEST BUY STORES, L.P.. (Attachments: #1 Declaration of Anne M. Lockner In Support, #2 Text of Proposed Order Granting Permission to Practice Pro Hac Vice, #3 Certificate of Service)(VOSHELL, GREGORY) |
| Filing 6 Corporate Disclosure Statement by BEST BUY STORES, L.P. identifying Best Buy Co., Inc. as Corporate Parent.. (VOSHELL, GREGORY) |
| 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. (sm) |
| Filing 5 ACKNOWLEDGMENT OF SERVICE Executed by BEST BUY STORES, L.P.. FACTORY DIRECT OF SECAUCUS, LLC served on 2/2/2023, answer due 2/23/2023. (Attachments: #1 Exhibit A - Complaint and Civil Cover Sheet)(VOSHELL, GREGORY) |
| Filing 4 SUMMONS ISSUED as to FACTORY DIRECT OF SECAUCUS, LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (sm) |
| Filing 3 STATEMENT pursuant to Local Rule 11.2 by BEST BUY STORES, L.P.. (VOSHELL, GREGORY) |
| Filing 2 Corporate Disclosure Statement by BEST BUY STORES, L.P.. (VOSHELL, GREGORY) |
| Filing 1 COMPLAINT against FACTORY DIRECT OF SECAUCUS, LLC ( Filing and Admin fee $ 402 receipt number ANJDC-13954370), filed by BEST BUY STORES, L.P.. (Attachments: #1 Civil Cover Sheet)(VOSHELL, GREGORY) |
| CASE REFERRED to Arbitration. (jr) |
| Case assigned to Judge Brian R. Martinotti and Magistrate Judge Edward S. Kiel. (jr) |
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| Plaintiff: BEST BUY STORES, L.P. | |
| Represented By: | GREGORY SCOTT VOSHELL |
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| Defendant: FACTORY DIRECT OF SECAUCUS, LLC doing business as ASHLEY HOME STORE | |
| Represented By: | HARRY A. CUMMINS |
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