White v. Walmart Supercenter et al
| Wynda White |
| Walmart Supercenter, Home Depot U.S.A., Inc., The Macerich Company and Valley Stream Green Acres, LLC |
| 1:2023cv03896 |
| May 25, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on June 9, 2023. A more recent docket listing may be available from PACER.
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Filing 8
Memorandum Decision and Order of Remand to State Court that this case is REMANDED to the Supreme Court, Queens County, for lack of subject matter jurisdiction. ( Ordered by Judge Brian M. Cogan on 6/8/2023 ) *Certified copy mailed Supreme Court of New York, Queens County, case number 725987/2022. (RG)
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| Filing 7 MOTION for Order to Show Cause by Home Depot U.S.A., Inc.. (Gabriel, Meagan) |
| Filing 6 NOTICE of Appearance by Michael Nathan Giacopelli on behalf of Home Depot U.S.A., Inc. (aty to be noticed) (Giacopelli, Michael) |
| Filing 5 Letter requesting a one week extension until June 8, 2023 to determine the citizenship of Valley Stream Green Acres LLCs members by Home Depot U.S.A., Inc. (Gabriel, Meagan) |
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ORDER re: #5 Letter requesting a one week extension. Request granted. Defendant's response to Order to Show Cause due 6/8/2023. In addition, counsel is advised that this letter should have been filed as an ECF event Letter "Motion" since it seeks relief from the Court. Do not refile. Ordered by Judge Brian M. Cogan on 6/1/2023. (PW)
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| Filing 4 Corporate Disclosure Statement by Home Depot U.S.A., Inc. (Gabriel, Meagan) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 2 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. (KD) |
| Filing 1 NOTICE OF REMOVAL by Home Depot U.S.A., Inc. from Supreme Court of New York, Queens County, case number 725987/2022. ( Filing fee $ 402 receipt number ANYEDC-16733893) (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Answers, #3 Exhibit Value, #4 Civil Cover Sheet Civil Cover Sheet) (Gabriel, Meagan) |
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ORDER TO SHOW CAUSE. Home Depot has failed to properly allege the citizenship of Valley Stream Green Acres, LLC. See Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012); 136-61 Roosevelt LLC v. Starbucks Corp., No. 21-cv-3560, 2021 WL 2779287, at *1 (E.D.N.Y. July 2, 2021); 147-149 McCarren, LLC v. Holding De Gestion Turistica MIJ Spain S.L., No. 21-CV-950, 2021 WL 878557, at *2 (E.D.N.Y. Mar. 9, 2021). It is therefore ORDERED TO SHOW CAUSE by 6/1/23 why this case should not be remanded to state court. Ordered by Judge Brian M. Cogan on 5/25/2023. (PW)
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| Case Assigned to Judge Brian M. Cogan. 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. (KD) |
| 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. (KD) |
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