Thomas v. Victoria's Secret & Co. et al
| Sherma Thomas |
| Victoria's Secret & Co., Intimate Brands, Inc., Victoria's Secret & Pink - Store # 1395 and L Brands, Inc. |
| 1:2022cv02793 |
| May 12, 2022 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Rachel P Kovner |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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ORDER DISMISSING CASE: In light of the stipulation #9 that damages are less than $75,000, this action is remanded to state court. Ordered by Judge Rachel P. Kovner on 5/31/2022. (Andrews, Stephen)
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| Filing 9 STIPULATION as to Damages below $75,000 by Intimate Brands, Inc., L Brands, Inc., Victoria's Secret & Co., Victoria's Secret & Pink - Store # 1395 (Yin, Mony) |
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ORDER: In light of Defendants' letter #8 , the parties are directed to file a signed stipulation regarding damages by 6/2/2022. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/26/2022. (Bruckner, Ian)
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| Filing 8 Letter to Judge Bulsara advising of Plaintiff's Agreement to Stipulate to Damages Below $75,000 by Intimate Brands, Inc., L Brands, Inc., Victoria's Secret & Co., Victoria's Secret & Pink - Store # 1395 (Yin, Mony) |
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Filing 7
SCHEDULING ORDER: A telephonic initial conference will be held at 3:00 P.M. on 8/11/2022 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274. The access code is 6534420. The parties shall dial in five (5) minutes before the conference. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 8/09/2022. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 5/17/2022. (Manson, Eddie)
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ORDER TO SHOW CAUSE: Defendants are ordered to show cause by 5/24/2022 why this case should not be remanded to state court. 28 U.S.C. 1332(a) limits federal diversity jurisdiction to actions "where the matter in controversy exceeds the sum or value of $75,000[.]" No actual amount is alleged in the Complaint and no discovery demands attempting to ascertain the amount of damages are attached to the notice of removal. The notice of removal alleges that this Court has subject matter jurisdiction based on diversity, stating that "based on Plaintiff's allegations within the Complaint her damages appear to be in excess of $75,000" since Plaintiff's "damages exceed all lower Courts jurisdictional limits." (Notice of Removal, Dkt. No. #1 paras. 15-16). Such a conclusory statement is insufficient. E.g., De Garcia v. Tropicana Ent. Inc., No. 22-CV-12, 2022 WL 375996, at *2 (E.D.N.Y. Feb. 8, 2022); Valente v. Garrison From Harrison LLC, No. 15-CV-6522, 2016 WL 126375, at *1 (E.D.N.Y. Jan. 11, 2016) (allegation that Plaintiff "seeks damages that exceed 'the amount recoverable in the lower courts'" insufficient "because it merely indicates an amount in controversy in excess of $25,000, which represents the jurisdictional limitation of the lower civil courts of New York."). For this reason, the Court is unable to conclude whether it possesses diversity jurisdiction pursuant to 28 U.S.C. 1332(a). So Ordered by Magistrate Judge Sanket J. Bulsara on 5/17/2022. (Bruckner, Ian)
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| Filing 6 NOTICE of Appearance by Richard Michael Levy on behalf of Sherma Thomas (aty to be noticed) (Levy, Richard) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 3 Corporate Disclosure Statement by Intimate Brands, Inc., L Brands, Inc., Victoria's Secret & Co., Victoria's Secret & Pink - Store # 1395 (Yin, Mony) |
| Filing 2 Civil Cover Sheet.. by Intimate Brands, Inc., L Brands, Inc., Victoria's Secret & Co., Victoria's Secret & Pink - Store # 1395 (Yin, Mony) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Kings County Supreme Court, State of New York, case number 509093/2022. ( Filing fee $ 402 receipt number ANYEDC-15562001) (Attachments: #1 Exhibit A, State Court Summons, Complaint and Affidavit of Service, #2 Exhibit B, Notice of the Filing of Notice of Removal) (Yin, Mony) |
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