MIC General Insurance Company a/s/o Barbara Jackson v. Home Depot Management Co., LLC et al
| MIC General Insurance Company a/s/o Barbara Jackson |
| Home Depot Management Co., LLC and Home Depot U.S.A., Inc. |
| 1:2023cv04699 |
| June 23, 2023 |
| US District Court for the Eastern District of New York |
| Robert M Levy |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| None |
Docket Report
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| Document Text |
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| Filing 13 Corporate Disclosure Statement by MIC General Insurance Company a/s/o Barbara Jackson identifying Corporate Parent The Allstate Corporation for MIC General Insurance Company a/s/o Barbara Jackson. (Monaco, Russell) |
| Filing 12 CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Robert M. Levy for all further proceedings. Judge Brian M. Cogan 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. (RG) |
| Filing 11 CONSENT to Jurisdiction by US Magistrate Judge by Home Depot Management Co., LLC, Home Depot U.S.A., Inc.. (Gabriel, Meagan) |
| Filing 10 NOTICE of Appearance by Michael Nathan Giacopelli on behalf of Home Depot Management Co., LLC, Home Depot U.S.A., Inc. (aty to be noticed) (Giacopelli, Michael) |
Filing 9
SCHEDULING ORDER and ORDER terminating #8 as improperly designated on ECF as a "motion for Order to Show Cause" when, in fact, it is not a motion, it is a response to this Court's Order to Show Cause. Do not refile. A telephonic Initial Status Conference is set for 7/27/2023 at 12:30 pm. The parties are directed to call 571-353-2301 and enter Meeting ID 642046966#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 7/6/2023. (PW)
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| Filing 8 MOTION for Order to Show Cause by Home Depot Management Co., LLC, Home Depot U.S.A., Inc.. (Attachments: #1 Exhibit HDMC Rule 7.1, #2 Exhibit MIC Entity Information) (Gabriel, Meagan) |
| Filing 7 Corporate Disclosure Statement by Home Depot Management Co., LLC (Gabriel, Meagan) |
| Filing 6 ANSWER to Complaint (Notice of Removal) by Home Depot Management Co., LLC, Home Depot U.S.A., Inc.. (Gabriel, Meagan) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Filing 3 NOTICE of Appearance by Russell Monaco on behalf of All Plaintiffs (aty to be noticed) (Monaco, Russell) |
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ORDER TO SHOW CAUSE. Defendants have failed to adequately allege the citizenship of Home Depot Management Co. LLC. See Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012) (citing Handelsman v. Bedford Village Associates Ltd. Partnership, 213 F.3d 48 (2d Cir. 2000); Flemming v. Port Auth. of N.Y. & N.J., No. 21-cv-1112, 2021 WL 878558, at *1 (E.D.N.Y. March 9, 2021); U.S. Liab. Ins. Co v. M Remodeling Corp., 444 F. Supp. 3d 408, 409-10 (E.D.N.Y. 2020). In addition, defendants have not properly alleged the citizenship of plaintiff MIC General Insurance Company ("MIC") a/s/o Barbara Jackson. Even assuming for the time being that Jackson's citizenship does not have to be alleged (which is not at all clear), defendants do not allege in their removal notice the nature of the MIC business entity, nor the facts relevant to determining the citizenship of that entity. Instead, defendants allege in their notice of removal that "The Plaintiff, in the Complaint, alleges to be a citizen of the State of New York." But a review of the state court complaint shows that defendants' allegation is false. Defendants are therefore ORDERED TO SHOW CAUSE by 7/5/2023 why this case should not be remanded to state for failure to properly invoke this Court's subject matter jurisdiction. Ordered by Judge Brian M. Cogan on 6/26/2023. (Cogan, Brian)
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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. (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) |
| Filing 2 Corporate Disclosure Statement by Home Depot Management Co., LLC, Home Depot U.S.A., Inc. (Gabriel, Meagan) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court of New York, Queens County, case number 705187/2023. ( Filing fee $ 402 receipt number ANYEDC-16827203) (Attachments: #1 Exhibit A- Complaints, #2 Exhibit B- Affidavits of Service, #3 Civil Cover Sheet) (Gabriel, Meagan) |
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