PEREZ v. SWEETGREEN LLC et al
| ADRIAN PEREZ |
| SWEETGREEN LLC, LUGARDA DIAZ, MANUEL HENRIQUEZ, CHRISTOPHER ANTONELLI, ABC CORPORATIONS 1-5 (FICTIOUS NAMES DESCRIBING PRESENTLY UNIDENTIFIED BUSINESS ENTITIES) and JOHN DOES 1-5 (FICTITIOUS NAMES DESCRIBING PRESENTLY UNIDENTIFED INDIVIDUALS |
| 2:2023cv23191 |
| December 18, 2023 |
| US District Court for the District of New Jersey |
| Jose R Almonte |
| Michael E Farbiarz |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-Employment Discrimination |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 8, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 23
TEXT ORDER: Administratively terminating #18 Motion to Dismiss: The Court has reviewed the parties' joint letter stating that they are unable to reach an agreement as to whether this Court has subject-matter jurisdiction over this matter, requesting an extension of the briefing schedule for Plaintiff's forthcoming motion for remand, and that any motion for remand be decided in advance of Defendant Sweetgreen LLC's ("Sweetgreen") motion to dismiss (ECF No. #22 ). The parties' request is GRANTED. Plaintiff's motion to remand, if any, shall be filed by March 8, 2024. Any opposition shall be filed by March 25, 2024, and any reply shall be field by April 1, 2024. Additionally, in the interest of judicial efficiency and in accordance with the Court's inherent authority to control matters on its own docket, and upon request of the parties, Sweetgreen's motion to dismiss (ECF No. #18 ) is administratively terminated pending the outcome of Plaintiff's proposed motion for remand. To the extent Sweetgreen seeks to reinstate the motion to dismiss following resolution of any motion to remand, Sweetgreen may do so by filing a new notice of motion cross-referencing the initial motion, or, alternatively by filing a new motion. Signed by Magistrate Judge Jose R. Almonte on 2/8/2024. (akw)
|
| Filing 22 Letter from Austin B. Tobin. (TOBIN, AUSTIN) |
| Filing 21 NOTICE of Appearance by WILLIAM L. CARR on behalf of All Plaintiffs (CARR, WILLIAM) |
| Filing 20 NOTICE of Appearance by AUSTIN B. TOBIN on behalf of All Plaintiffs (TOBIN, AUSTIN) |
|
Filing 19
TEXT ORDER: The parties shall meet and confer regarding the existence of subject-matter jurisdiction in this action. By February 7, 2024, the parties shall file a joint letter informing the Court whether they consent to remand this matter to state court or otherwise believe that this Court has subject matter jurisdiction. If the parties do not resolve their dispute, a Motion to Remand must be filed pursuant to the following schedule: Plaintiff's motion, if any, shall be filed by February 23, 2024. Any opposition shall be filed by March 4, 2024, and any reply shall be field by March 11, 2024. Additionally, to conserve resources and upon request of the parties, the motion date for Defendant Sweetgreen, LLC's motion to dismiss (ECF No. #18 ) is adjourned one cycle to March 18, 2024. So Ordered by Magistrate Judge Jose R. Almonte on 1/29/2024. (akw, )
|
| Minute Entry for proceedings held before Magistrate Judge Jose R. Almonte. A pre-motion conference regarding Plaintiffs proposed motion for remand was held on January 29, 2024. At the conference, the Court directed the parties to meet and confer concerning the existence of subject-matter jurisdiction in this action, and whether the filing of an amended complaint would resolve the parties dispute concerning the existence of subject-matter jurisdiction. (akw, ) |
| Set Deadlines as to #18 MOTION to Dismiss for Failure to State a Claim and in Favor of Arbitration. Motion set for 2/20/2024 before Judge Michael E. Farbiarz. 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) |
| Filing 18 MOTION to Dismiss for Failure to State a Claim and in Favor of Arbitration by SWEETGREEN LLC. Responses due by 2/6/2024. (Attachments: #1 Brief in Support of Defendant Sweetgreen's Motion to Dismiss, #2 Declaration of Kelsey Sweeney (with Exhibits), #3 Declaration of Maria Amalia Nieto, Esq. (with Exhibits), #4 Certificate of Service, #5 Text of Proposed Order)(NIETO, MARIA) |
| Filing 17 Letter from Amber M. Sparato responding to ECF No. 12 re #12 Letter. (Attachments: #1 Declaration)(SPATARO, AMBER) |
|
Filing 16
ORDER that the time for Defendants to respond to the Complaint shall be extended until January 22, 2024. Signed by Magistrate Judge Jose R. Almonte on 1/8/2024. (sm)
|
| Answer Due Deadline Update - The document submitted by SWEETGREEN LLC has been GRANTED. The answer due date has been set for 1/22/2024. (sm) |
| Filing 15 Letter from Amber M. Spataro requesting extension of time to answer. (Attachments: #1 Text of Proposed Order)(SPATARO, AMBER) |
|
Filing 14
TEXT ORDER: The Court will address the issues raised by Plaintiff in ECF No. #12 as well as any response filed by Defendants (see ECF No. 13 ) during the conference scheduled for January 29, 2024, at 3:30 p.m. In light of the foregoing, Plaintiff's deadline to move to remand this matter shall be STAYED pending the January 29, 2024 conference. So Ordered by Magistrate Judge Jose R. Almonte on 1/3/2024. (akw)
|
|
Filing 13
TEXT ORDER: By January 9, 2024, Defendants shall file a letter responding to the issues raised in Plaintiff's letter at ECF No. #12 . A status conference is scheduled for January 29, 2024, at 3:30 p.m. Please dial 973-437-5535 and enter Phone Conference ID: 859 507 03#. So Ordered by Magistrate Judge Jose R. Almonte on 12/28/2023. (akw, )
|
| Filing 12 Letter re #1 Notice of Removal,. (TOBIN, AUSTIN) |
| Clerk`s Text Order - The document #6 submitted by SWEETGREEN LLC has been GRANTED. The answer due date has been set for 1/6/2024. (sm) |
| 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. (sm) |
| Judge Michael E. Farbiarz and Magistrate Judge Jose R. Almonte added. (ps) |
| Filing 11 DECLARATION of Marcos Flores re #1 Notice of Removal, by SWEETGREEN LLC. (SPATARO, AMBER) |
| Filing 10 DECLARATION of Manuel Henriquez re #1 Notice of Removal, by SWEETGREEN LLC. (SPATARO, AMBER) |
| Filing 9 DECLARATION of Lorianne Aguirre re #1 Notice of Removal, by SWEETGREEN LLC. (SPATARO, AMBER) |
| Filing 8 DECLARATION of Laguarda Diaz re #1 Notice of Removal, by SWEETGREEN LLC. (SPATARO, AMBER) |
| Filing 7 DECLARATION of Christopher Antonelli re #1 Notice of Removal, by SWEETGREEN LLC. (SPATARO, AMBER) |
| Filing 6 Application and Proposed Order for Clerk's Order to extend time to answer as to Answer.. (SPATARO, AMBER) |
| Filing 5 Third Party Litigation Funding disclosure statement pursuant to L.Civ.R 7.1.1(a)(1-3) filed by SWEETGREEN LLC. (SPATARO, AMBER) |
| Filing 4 NOTICE by SWEETGREEN LLC re #1 Notice of Removal, Notice to Adverse Party of Filing of Notice of Removal (SPATARO, AMBER) |
| Filing 3 NOTICE of Appearance by MARIA AMALIA NIETO on behalf of SWEETGREEN LLC (NIETO, MARIA) |
| Filing 2 NOTICE of Appearance by AMBER M. SPATARO on behalf of SWEETGREEN LLC (SPATARO, AMBER) |
| Filing 1 NOTICE OF REMOVAL by SWEETGREEN LLC from New Jersey Superior Court, Law Division, Bergen County, case number BER-L-003189-23. ( Filing and Admin fee $ 405 receipt number ANJDC-14949422), filed by SWEETGREEN LLC. (Attachments: #1 Certificate of Service, #2 Civil Cover Sheet)(SPATARO, AMBER) |
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.
