SANCHEZ et al v. METLIFE, INC. et al
| ANTHONY SANCHEZ and EDUARDO LUNA |
| METLIFE, INC., REFRESCO BEVERAGES US INC., ROSA VELAZQUEZ and UNKNOWN DEFENDANTS 1-10 |
| 2:2023cv23073 |
| December 13, 2023 |
| US District Court for the District of New Jersey |
| Michael A Hammer |
| Esther Salas |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 9, 2024. A more recent docket listing may be available from PACER.
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| Filing 35 Joint Discovery Plan by All Plaintiffs.(TYKULSKER, DAVID) |
Filing 34
ORDER terminating #29 Motion to Remand; terminating #17 Motion to Remand: It appearing that Plaintiffs seeks to supplement their motion to remand by way of additional motion, and in order that the Plaintiffs may present all of their arguments for remand in one, cohesive motion, and that Defendant may present any opposition in one cohesive brief, the motion to remand and the motion to supplement the motion to remand are terminated without prejudice to Plaintiff renewing the remand motion, and presenting all arguments in that supporting brief, by February 27, 2024. Defendant shall respond by March 12, 2024, and Plaintiff shall file any reply by March 19, 2024.. Signed by Magistrate Judge Michael A. Hammer on 2/9/2024. (Hammer, Michael)
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Filing 33
ORDER denying #32 Motion to Continue: The parties' motion to continue the scheduling conference until after the motion to remand is denied. The Scheduling Conference shall proceed as scheduled. Signed by Magistrate Judge Michael A. Hammer on 2/8/2024. (Hammer, Michael)
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| Filing 32 Joint MOTION to Continue Scheduling Conference by METLIFE, INC.. (Attachments: #1 Text of Proposed Order)(VILLANUEVA, KATHERINE) |
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Filing 31
TEXT ORDER: The parties shall file a joint discovery plan by 2/9/2024. So Ordered by Magistrate Judge Michael A. Hammer on 2/7/2024. (jqb, )
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| CLERK'S QUALITY CONTROL MESSAGE - The #32 Joint Motion to Continue Scheduling Conference submitted by Katherine Villanueva on 2/7/2024 contains an improper electronic signature as to Pro Hac Vice Counsel Merry E. Lindberg. Only Registered Users are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER SCANNED OR WET SIGNATURE as to Pro Hac Vice Counsel Merry E. Lindberg. Kindly use the CM/ECF Event, Exhibit (to Document), which can be found under Civil Events, Other Filings, Other Documents, when resubmitting the document and link it to the #32 Motion when prompted. This submission will remain on the docket unless otherwise ordered by the court. (dam) |
| Set Deadlines as to #32 Joint MOTION to Continue Scheduling Conference. Motion set for 3/4/2024 before Magistrate Judge Michael A. Hammer. 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. (dam) |
| Set Deadlines as to #29 MOTION to Supplement Plaintiffs' Motion to Remand to Superior Court of NJ, Law Division. Motion set for 3/4/2024 before Judge Esther Salas. 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. (dam) |
| Filing 30 Certification of Service on behalf of All Plaintiffs Re #29 Motion to Remand,,,. (TYKULSKER, DAVID) |
| Filing 29 MOTION to Supplement Plaintiffs' Motion to Remand to Superior Court of NJ, Law Division by ANTHONY SANCHEZ, EDUARDO LUNA. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Supplement Case Citation, #4 Supplement Case Citation, #5 Supplement Case Citation, #6 Supplement Case Citation, #7 Supplement Case Citation, #8 Supplement Case Citation, #9 Supplement Case Citation, #10 Supplement Case Citation, #11 Supplement Case Citation, #12 Supplement Case Citation, #13 Supplement Case Citation, #14 Supplement Case Citation, #15 Supplement Case Citation, #16 Supplement Case Citation, #17 Supplement Case Citation, #18 Supplement Case Citation, #19 Supplement Case Citation, #20 Supplement Case Citation, #21 Supplement Case Citation, #22 Supplement Case Citation, #23 Supplement Case Citation, #24 Supplement Case Citation)(TYKULSKER, DAVID) Modified on 2/5/2024 (dam). |
| Pro Hac Vice fee received for Merry Lindberg: $ 150, receipt number 136808 (jjc, ) |
| Filing 28 REPLY BRIEF to Opposition to Motion filed by ANTHONY SANCHEZ, EDUARDO LUNA re #17 MOTION to Remand to Superior Court of NJ, Law Division (Attachments: #1 Certification of Service) (TYKULSKER, DAVID) Modified on 1/29/2024. (dam) |
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Filing 27
ORDER granting #26 Defendant's Motion for Leave to Appear Pro Hac Vice as to MERRY E. LINDBERG. Signed by Magistrate Judge Michael A. Hammer on 1/26/2024. (dam) Modified on 1/30/2024 (dam).
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| Filing 26 MOTION for Leave to Appear Pro Hac Vice by Merry E. Lindberg, Esq. by REFRESCO BEVERAGES US INC.. (Attachments: #1 Declaration of Nicole Falcey, Esq., #2 Declaration of Merry E. Lindberg, Esq,, #3 Text of Proposed Order)(FALCEY, NICOLE) |
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Filing 25
ORDER terminating #18 Motion for Leave to Appear Pro Hac Vice per 24 . Signed by Magistrate Judge Michael A. Hammer on 1/26/24. (tad)
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Filing 24
TEXT ORDER: The Court is in receipt of Defendant's Refresco Beverages motion for leave to appear pro hac vice for Merry E. Lindberg #18 . However, it appears Merry E. Lindberg's declaration was submitted incorrectly based on the Clerk's quality control message [18-1]. It also appears that the error has not been remedied. Accordingly, the motion is administratively terminated without prejudice. Defense counsel may resubmit the application in accordance with our Local Civil Rules. So Ordered by Magistrate Judge Michael A. Hammer on 1/26/24. (tad)
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| Set Deadlines as to #26 MOTION for Leave to Appear Pro Hac Vice by Merry E. Lindberg, Esq. Motion set for 2/20/2024 before Magistrate Judge Michael A. Hammer. 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. (dam) |
| Filing 23 MOTION to Dismiss Plaintiffs' Complaint by REFRESCO BEVERAGES US INC., ROSA VELAZQUEZ. Responses due by 2/6/2024. (Attachments: #1 Appendix Unpublished Authorities)(FALCEY, NICOLE) |
| Filing 22 MOTION to Dismiss Plaintiffs' Complaint with prejudice by METLIFE, INC.. Responses due by 2/6/2024. (Attachments: #1 Memorandum in support of MetLife's Motion to Dismiss, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order, #5 Certificate of Service)(VILLANUEVA, KATHERINE) |
| Set Deadlines as to #22 MOTION to Dismiss Plaintiffs' Complaint with prejudice, #23 MOTION to Dismiss Plaintiffs' Complaint. Motions set for 2/20/2024 before Judge Esther Salas. Unless otherwise directed by the Court, these motions 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. (dam) |
| Filing 21 NOTICE by REFRESCO BEVERAGES US INC. re #20 Memorandum in Opposition of Motion Refresco's Joinder (FALCEY, NICOLE) |
| Filing 20 MEMORANDUM in Opposition filed by METLIFE, INC. re #17 MOTION to Remand to Superior Court of NJ, Law Division (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(VILLANUEVA, KATHERINE) |
| Filing 19 APPLICATION/PETITION for Clerk's Order Extending Time to Respond for by ROSA VELAZQUEZ. (Attachments: #1 Text of Proposed Order)(FALCEY, NICOLE) |
| CLERK'S QUALITY CONTROL MESSAGE - The #19 Application for Clerk's Order to Extend time to Answer under Local Civil Rule 6.1 filed by Nicole Falcey on 1/18/2024 was submitted incorrectly as an Application/Petition. For future reference, please refer to the CM/ECF Event, Application for Clerk Order to Ext Answer/Proposed Order under the filing category Civil Events, Other Filings, Other Documents. In addition, per the Application, the Clerk's Office has added the appearance of Nicole Falcey for Defendant ROSA VELAZQUEZ. This message is for informational purposes. This submission will remain on the docket unless otherwise ordered by the court. (dam) |
| Clerk's Text Order - The document #19 Application/Petition filed by ROSA VELAZQUEZ submitted by ROSA VELAZQUEZ has been GRANTED. The answer due date has been set for 2/5/2024. (dam) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice by Merry Lindberg, Esq. by REFRESCO BEVERAGES US INC.. (Attachments: #1 Declaration of Merry E. Lindberg, Esq., #2 Declaration of Nicole Falcey, Esq., #3 Text of Proposed Order)(HAIDER, BILAL) |
| CLERK'S QUALITY CONTROL MESSAGE - The #18 -1 Declaration as to Merry E. Lindberg submitted by Bilal Haider on 1/16/2024 contains an improper electronic signature. Only Registered Users are permitted to sign electronically filed documents with an s/. Please RESUBMIT the Declaration with a wet or scanned signature using the CM/ECF Event, Declaration, which can be found under Civil Events, Other Filings, Other Documents. Kindly link the Declaration to the #18 Motion when prompted. This submission will remain on the docket unless otherwise ordered by the court. (dam) |
| Set Deadlines as to #18 MOTION for Leave to Appear Pro Hac Vice by Merry Lindberg, Esq.. Motion set for 2/20/2024 before Magistrate Judge Michael A. Hammer. 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. (dam) |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (ek) |
| Filing 17 MOTION to Remand to Superior Court of NJ, Law Division by ANTHONY SANCHEZ, EDUARDO LUNA. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Certificate of Service) (TYKULSKER, DAVID) Modified on 1/9/2024 (dam). |
| Set Deadlines as to #17 MOTION to Remand to Superior Court of NJ, Law Division. Motion set for 2/5/2024 before Judge Esther Salas. 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. (dam) |
| Filing 16 SUMMONS Returned Executed by ANTHONY SANCHEZ. ROSA VELAZQUEZ served on 12/30/2023, answer due 1/22/2024. (TYKULSKER, DAVID) |
| Filing 15 Letter re #13 Letter, #12 Letter. (GHEORGHIU, VALERIA) |
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Filing 14
TEXT ORDER: Telephone Scheduling Conference set for 2/13/2024 at 3:30 p.m. The parties will dial 1-888-684-8852 and access code 1456817# to join the conference. The parties shall file a joint discovery plan by 2/9/2024. So Ordered by Magistrate Judge Michael A. Hammer on 1/7/2024. (jqb, )
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| Filing 13 Letter from MetLife, Inc. re #12 Letter. (Attachments: #1 Exhibit)(VILLANUEVA, KATHERINE) |
| Filing 12 Letter from Plaintiff. (GHEORGHIU, VALERIA) |
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Filing 11
ORDER granting JOINT STIPULATION AND ORDER for Extension of Time for Defendant REFRESCO BEVERAGES US INC. to Answer, Move, or otherwise Respond to Plaintiffs' Complaint to 1/24/2024. Signed by Judge Esther Salas on 12/27/2023. (dam) Modified on 1/5/2024 (dam).
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| Filing 10 STIPULATION for Extension of Time to Respond to Complaint by REFRESCO BEVERAGES US INC.. (Attachments: #1 Text of Proposed Order)(FALCEY, NICOLE) |
| Filing 9 Corporate Disclosure Statement by REFRESCO BEVERAGES US INC. identifying Refresco US Holding Inc. as Corporate Parent.. (FALCEY, NICOLE) |
| CLERK'S QUALITY CONTROL MESSAGE - The #7 Application for Clerk's Order to Extend time to Answer under Local Civil Rule 6.1 filed by Nicole Falcey on 12/19/2023 was submitted incorrectly as an Application/Petition. For future reference, please refer to the CM/ECF Event, Application for Clerk Order to Ext Answer/Proposed Order under the filing category Civil Events, Other Filings, Other Documents. This message is for informational purposes. This submission will remain on the docket unless otherwise ordered by the court. (dam) |
| Clerk's Text Order - The #7 Application for Clerk Order to Ext Answer submitted by REFRESCO BEVERAGES US INC. has been GRANTED. The answer due date has been set for 1/3/2024. (dam) |
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Filing 8
ORDER granting Joint Stipulation for Extension of Time for Defendant METLIFE, INC. to Answer, Move, or otherwise Respond to Plaintiffs' Complaint until 1/24/2024. Signed by Magistrate Judge Michael A. Hammer on 12/20/2023. (dam)
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| Filing 7 APPLICATION/PETITION for Extension of Time to Respond for by REFRESCO BEVERAGES US INC.. (Attachments: #1 Text of Proposed Order)(FALCEY, NICOLE) |
| Filing 6 STIPULATION for Extension of Time to Respond to Complaint by METLIFE, INC.. (Attachments: #1 Text of Proposed Order)(VILLANUEVA, KATHERINE) |
| Filing 5 NOTICE of Appearance by JAMIE CAMPISI on behalf of METLIFE, INC. (CAMPISI, JAMIE) |
| Filing 4 Diversity Disclosure Statement by METLIFE, INC.. (VILLANUEVA, KATHERINE) |
| Filing 3 Corporate Disclosure Statement by METLIFE, INC.. (VILLANUEVA, KATHERINE) |
| Filing 2 NOTICE by REFRESCO BEVERAGES US INC. OF CONSENT TO REMOVAL (FALCEY, NICOLE) |
| 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 a nongovernmental corporate party or intervenor. Please refer to the Court's website at #www.njd.uscourts.gov for a form and filing instructions. (dam) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1(a)(2), unless the Court orders otherwise, in any action filed or removed to this Court, in which jurisdiction is based upon diversity under 28 U.S.C. 1332(a), a party or intervenor must file a disclosure statement naming and identifying the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. A party, intervenor or proposed intervenor must file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the Court. #Click here to complete the Diversity Disclosure Statement, once complete, file it using the event Diversity Disclosure Statement. (dam) |
| Filing 1 NOTICE OF REMOVAL by METLIFE, INC. from Superior Court of Bergen County, BER-L-005659-23. (Filing and Admin fee $ 405 receipt number ANJDC-14939741), filed by METLIFE, INC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (VILLANUEVA, KATHERINE) Modified on 12/14/2023 (dam). |
| Case Assigned to Judge Esther Salas and Magistrate Judge Michael A. Hammer. (ak, ) |
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