L.R. et al v. CVS Albany, L.L.C. et al
| L.R. and Nathalia Bustamante |
| CVS Albany, L.L.C. and CVS Pharmacy, Inc. |
| 1:2023cv06950 |
| September 20, 2023 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Eric R Komitee |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| None |
Docket Report
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This docket was last retrieved on November 16, 2023. A more recent docket listing may be available from PACER.
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| Minute Entry for Initial Conference proceedings held on 11/16/2023 before Magistrate Judge James R. Cho. Appearances by Toni Karmin Kong for plaintiffs; Lori Semlies for defendants. Case discussed. Plaintiffs allege injury after the infant plaintiff allegedly consumed expired baby formula. Defendants deny the allegations. The Court entered the following pretrial schedule: parties to exchange automatic disclosures by 12/15/2023; no amendment of the pleadings permitted after 1/19/2024 without good cause; no joinder of additional parties permitted after 2/23/2024 without good cause; and parties to complete fact discovery by 5/16/2024. The Court will enter an expert discovery schedule after the parties have nearly completed fact discovery, if necessary.Parties are open to early settlement discussions. The case is referred to the Court-annexed mediation program. Parties to select a mediator by 12/29/2023, and complete mediation by 2/29/2024. Parties shall file a joint status report two weeks after completing the mediation, but no later than 3/14/2024. Parties shall engage in discovery limited to discovery that would facilitate settlement discussions. (AT&T Conference Bridge.) (JDP) |
| Filing 14 Proposed Scheduling Order by Nathalia Bustamante, L.R. (Kubick, Richard) |
| Filing 13 NOTICE of Appearance by Clarke Elizabeth Rosenthal on behalf of All Defendants (notification declined or already on case) (Rosenthal, Clarke) |
Filing 12
SCHEDULING ORDER: Telephonic initial conference scheduled for 11/16/2023 at 3:00 p.m. before Magistrate Judge James R. Cho. Counsel for all parties must participate. Counsel for plaintiffs is directed to immediately confirm this conference date and time with counsel for defendants. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 11/14/2023. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 10/25/2023. (Attachments: #1 Chamber's Individual Rules) (TT)
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| Filing 11 ANSWER to Complaint (Notice of Removal) by CVS Albany, L.L.C., CVS Pharmacy, Inc.. (Semlies, Lori) |
| Filing 10 Letter to Court by CVS Albany, L.L.C., CVS Pharmacy, Inc. (Attachments: #1 Exhibit Stipulation) (Rosenthal, Clarke) |
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ORDER TO SHOW CAUSE re #1 Notice of Removal, filed by CVS Albany, L.L.C., CVS Pharmacy, Inc. On September 20, 2023, defendants CVS Albany, LLC and CVS Pharmacy, Inc. (collectively, "defendants") removed this action from New York State Supreme Court, Queens County to this Court based on diversity jurisdiction. See Notice of Removal ("Notice"), Dkt. 1. Defendants contend that there is complete diversity of citizenship between the parties and, "the amount in controversy claimed exceeds $75,000." See id. para. 12. However, as defendants concede, "[p]laintiff's Complaint does not specifically state the amount being sought[.]" See id. Because the Complaint is silent on damages and lacks information concerning the extent of plaintiffs' injuries, the Court cannot determine that the amount in controversy threshold is satisfied based on plaintiffs' general allegations. Such boilerplate pleadings do not suffice to establish that this action involves an amount in controversy adequate to support federal diversity jurisdiction. See, e.g., Isahakov v. Burlington Coat Factory Warehouse Corp., No. 23-CV-2121, 2023 WL 3742324, at *2 (E.D.N.Y. May 9, 2023), report and recommendation adopted, 2023 WL 3742528 (E.D.N.Y. May 30, 2023). Accordingly, by October 25, 2023, defendants are directed to show cause why this matter should not be remanded to state court for lack of subject matter jurisdiction. Ordered by Magistrate Judge James R. Cho on 10/11/2023. (JP)
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| Filing 9 NOTICE of Appearance by Toni Karmin Kong on behalf of Nathalia Bustamante, L.R. (aty to be noticed) (Kong, Toni) |
| Filing 8 NOTICE of Appearance by Richard Anton Kubick, Jr on behalf of L.R. (aty to be noticed) (Kubick, Richard) |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 6 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. (CV) |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge James R. Cho. 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. (CV) |
| 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. (CV) |
| Filing 5 Corporate Disclosure Statement by CVS Albany, L.L.C., CVS Pharmacy, Inc. identifying Corporate Parent CVS Corporation for CVS Pharmacy, Inc.. (Rosenthal, Clarke) |
| Filing 4 Civil Cover Sheet.. Re #1 Notice of Removal, by CVS Albany, L.L.C., CVS Pharmacy, Inc. (Rosenthal, Clarke) |
| Filing 3 Civil Cover Sheet.. Re #2 Corporate Disclosure Statement, #1 Notice of Removal, by CVS Albany, L.L.C., CVS Pharmacy, Inc. (Rosenthal, Clarke) |
| Filing 2 Corporate Disclosure Statement by CVS Albany, L.L.C., CVS Pharmacy, Inc. identifying Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc.. (Rosenthal, Clarke) |
| Filing 1 NOTICE OF REMOVAL by CVS Albany, L.L.C., CVS Pharmacy, Inc. from Supreme Queens, case number 718177/2023. ( Filing fee $ 402 receipt number ANYEDC-17101975) (Attachments: #1 Exhibit Summons & Complaint, #2 Exhibit Service of Summons & Complaint) (Rosenthal, Clarke) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit A COMPLETED SECOND PAGE (Not the Instruction Page) Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
| NOTICE In Re: Rule 7.1 Statement Should be filed as a separated docket entry not as an attachment to the Complaint #1 . Please correctly file the Rule 7.1 Statement. This event can be found under the event Discovery Documents-DISCLOSURE OF INTERESTED PARTIES. (KD) |
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