Wilson v. The TJX Companies, Inc. et al
| Sylvia Wilson |
| The TJX Companies, Inc. and Marshalls of MA, Inc. |
| 1:2023cv01627 |
| March 2, 2023 |
| US District Court for the Eastern District of New York |
| Margo K Brodie |
| Sanket J Bulsara |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 29, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE by Sylvia Wilson (Gammons, Matt) |
| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE by Sylvia Wilson (Gammons, Matt) |
ORDER TO SHOW CAUSE: Plaintiff is ordered to show cause by 4/4/2023 why this action should not be dismissed for failure to comply with Court orders. "A court has the inherent power to supervise and control its own proceedings and to sanction counsel or a litigant... for disobeying the court's orders[.]" Mickle v. Morin, 297 F.3d 114, 125 (2d Cir. 2002); Fed. R. Civ. P. 16(f)(1)(C) (permitting sanctions where a party "fails to obey a scheduling or other pretrial order"). Federal Rule of Civil Procedure 7.1 requires parties in a diversity case to file a disclosure statement identifying the citizenship of every individual associated with a party. Fed. R. Civ. P. 7.1(a)(2) ("In an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party or intervenor must, unless the court orders otherwise, file a disclosure statement. The statement must name--and identify the citizenship of--every individual or entity whose citizenship is attributed to that party or intervenor: when the action is filed in or removed to federal court."). This requirement is "designed to facilitate an early and accurate determination of jurisdiction." Fed. R. Civ. P. 7.1(a)(2) advisory committee's note to 2022 amendment.On March 8, 2023, the Court reminded the parties to file the required Rule 7.1 disclosure statement, because in this case, the alleged subject matter jurisdiction is based upon diversity of citizenship. The parties were warned that failure to file "may lead to sanctions, including dismissal of the action, entry of default, or other appropriate remedies." (Order dated Mar. 8, 2023). On March 13, 2023, the Court ordered Defendants to file a revised disclosure statement that properly includes citizenship disclosures. Counsel for "both sides [were] directed to review the Rule and file compliant statements by 3/15/2023." (Order dated Mar. 13, 2023).Plaintiff failed to file the required Rule 7.1 disclosure statement by the Court's deadline despite two Court orders. That Defendants' disclosure statement #9 contains citizenship allegations regarding Plaintiff is irrelevant. See Carrington Mortg. Servs., LLC v. Gray, No. 2:23-CV-47, 2023 WL 2308702, at *2 (D. Me. Mar. 1, 2023) (ordering defendants to file Rule 7.1 disclosure statements to "identify their own citizenship" even though plaintiff's disclosure statement included information as to the citizenship of defendants). Plaintiff is directed to show cause why this action should not be dismissed. Failure to respond to this order will result in a recommendation that the action be dismissed. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/28/2023. (MD)
|
| Filing 9 Corporate Disclosure Statement by Marshalls of MA, Inc., The TJX Companies, Inc. (Wertheimer, Scott) |
|
ORDER: Defendants' Rule 7.1 Disclosure Statement #8 fails to comply with the newly amended Rule 7.1 which became effective on December 1, 2022. Specifically, it only includes information about corporate relationships, and nothing about diversity of citizenship, which is what the newly amended Rule requires. Counsel for both sides are directed to review the Rule and file compliant statements by 3/15/2023. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/13/2023. (MD)
|
| Filing 8 Corporate Disclosure Statement by Marshalls of MA, Inc., The TJX Companies, Inc. (Wertheimer, Scott) |
|
ORDER: The parties are reminded to file the required Rule 7.1 disclosure statement, because in this case, the alleged subject matter jurisdiction is based upon diversity of citizenship. Failure to file the required disclosure statement by 3/15/2023 may lead to sanctions, including dismissal of the action, entry of default, or other appropriate remedies. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/8/2023. (MD)
|
| Filing 7 NOTICE of Appearance by Matt T. Gammons on behalf of Sylvia Wilson (aty to be noticed) (Gammons, Matt) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 5 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. (SR) |
|
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Sanket J. Bulsara for all further proceedings. Magistrate Judge Cheryl L. Pollak no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 3/7/2023. (SR)
|
| 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. (SR) |
| Case Assigned to Chief Judge Margo K. Brodie and Magistrate Judge Cheryl L. Pollak. 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. (SR) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 3 CERTIFICATE OF SERVICE by Marshalls of MA, Inc., The TJX Companies, Inc. re #1 Notice of Removal, (Wertheimer, Scott) |
| Filing 2 NOTICE of Appearance by Scott Howard Wertheimer on behalf of Marshalls of MA, Inc., The TJX Companies, Inc. (aty to be noticed) (Attachments: #1 Certificate of Service) (Wertheimer, Scott) |
| Filing 1 NOTICE OF REMOVAL by Marshalls of MA, Inc., The TJX Companies, Inc. from Supreme Court Queens County, case number 716853/2022. ( Filing fee $ 402 receipt number ANYEDC-16459774) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit Summons and Verified Complaint, #2 Exhibit Verified Answer, #3 Exhibit Plaintiff's Responses, #4 Civil Cover Sheet) (Leibowitz, Allison) Modified on 3/3/2023 (LJ). |
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 York Eastern 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.
