Celerio v. HomeGoods et al
| Eric J. Celerio |
| HomeGoods, HomeGoods, Inc. and Mattone Group Retail, LLC |
| 1:2023cv08344 |
| November 9, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
Docket Report
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| Filing 7 STIPULATION of Dismissal by HomeGoods, HomeGoods, Inc. (Feferman, Irina) |
ORDER DISMISSING CASE. The Court having been advised that this matter has settled, the case is dismissed, subject to reinstatement at the request of any party within 30 days. The Court retains jurisdiction to So Order any settlement documents if they are filed within this period. Ordered by Judge Brian M. Cogan on 12/5/2023. (PW)
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| Filing 6 Letter advising parties have agreed to settlement and holding deadlines by HomeGoods, HomeGoods, Inc. (Feferman, Irina) |
| Filing 5 ANSWER to Complaint by HomeGoods, HomeGoods, Inc.. (Attachments: #1 Certificate of Service) (Leibowitz, Allison) |
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ORDER TO SHOW CAUSE. Defendants are ordered to show cause by 11/20/2023 why the case should not be remanded to state court for failure to properly assert diversity jurisdiction under 28 U.S.C. 1332. First, under well-established authority, the fact that plaintiff has set forth three causes of action, the claim for each of which "exceeds the jurisdiction of the lower courts," is not a sufficient basis to infer more than $75,000 in controversy. See Ramos v. Golden Touch Transp. of NY, Inc., No. 21-cv-5676, 2022 WL 4551567, at *3 (E.D.N.Y. Sept. 29, 2022); see also Moltner v. Starbucks Coffee Co., 624 F.3d 34, 37-38 (2d Cir. 2010). No more is it that plaintiff has three legal theories all seeking the same relief, as plaintiff can recover only once. Second, defendant has failed to establish fraudulent joinder. See Cleary v. Boston Scientific Corp., 06-cv-3423, 2006 WL 2689815, at *3-4 (E.D.N.Y. Sept. 18, 2006). Ordered by Judge Brian M. Cogan on 11/13/2023. (PW)
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| 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) |
| 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) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 3 NOTICE of Appearance by Allison C. Leibowitz on behalf of HomeGoods, HomeGoods, Inc. (aty to be noticed) (Leibowitz, Allison) |
| Filing 2 Corporate Disclosure Statement by HomeGoods, HomeGoods, Inc. identifying Corporate Parent The TJX Companies, Inc. for HomeGoods, HomeGoods, Inc.. (Attachments: #1 Certificate of Service) (Feferman, Irina) |
| Filing 1 NOTICE OF REMOVAL by HomeGoods, HomeGoods, Inc. from Supreme Queens, case number 721890/2023. ( Filing fee $ 402 receipt number ANYEDC-17270146) (Attachments: #1 Exhibit A - S&C, #2 Civil Cover Sheet) (Feferman, Irina) |
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