Rodriguez Dominguez v. Target Corporation et al
| Joana Rodriguez Dominguez |
| Target Corporation, Forest Avenue Plaza 1343, LLC and Kimco Staten Island SS 1343 Inc. |
| 1:2023cv08396 |
| November 13, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 11, 2024. A more recent docket listing may be available from PACER.
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Filing 15
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 2/2/2024 at 11:00 am. The parties are directed to call 571-353-2301 and enter Meeting ID 642046966#. See attached mandatory requirements for the conference. In addition, plaintiff is directed to serve on defendant a complete set of medical releases and HIPAA authorizations prior to the conference. Ordered by Judge Brian M. Cogan on 1/11/2024. (PW)
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| Filing 14 AMENDED COMPLAINT against Target Corporation, filed by Joana Rodriguez Dominguez. (Bonilla, David) |
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ORDER. By Order entered 12/4/23, the Court ordered plaintiff to file an amended complaint within 21 days as her state court complaint failed to state a claim against any of the defendants. She has not done so. She has thereby failed to rebut Target's prima facie showing that Forest Avenue and Kimco were fraudulently joined to prevent removal. Those defendants are therefore dismissed, and the case shall proceed in this Court. Plaintiff is afforded one final opportunity to file an amended complaint solely against Target that states a claim under Rule 8(a) by 1/10/24, failing which the case shall be dismissed against Target as well. Ordered by Judge Brian M. Cogan on 12/27/2023. (PW)
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Filing 13
MEMORANDUM AND ORDER dated 12/4/23 re: directing plaintiff to file an amended complaint within 21 days. ( Ordered by Judge Brian M. Cogan on 12/4/2023 ) (RG)
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| Filing 12 AMENDED ANSWER to plaintiff's Verified Complaint by Forest Avenue Plaza 1343, LLC, Kimco Staten Island SS 1343 Inc., Target Corporation. (Attachments: #1 Certificate of Service) (Leibowitz, Allison) |
| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE by Target Corporation (Attachments: #1 Exhibit A - Guest Incident Report, #2 Exhibit B - Lease) (Leibowitz, Allison) |
| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE by Joana Rodriguez Dominguez (Tobias, Oliver) |
| Filing 9 NOTICE of Appearance by Oliver R Tobias on behalf of All Plaintiffs (aty to be noticed) (Tobias, Oliver) |
| Filing 8 NOTICE of Appearance by Michael Gluck on behalf of Joana Rodriguez Dominguez (aty to be noticed) (Gluck, Michael) |
| Filing 7 NOTICE of Appearance by David Alejandro Bonilla on behalf of Joana Rodriguez Dominguez (aty to be noticed) (Bonilla, David) |
| Filing 6 ANSWER to Complaint by Target Corporation. (Attachments: #1 Certificate of Service) (Leibowitz, Allison) |
| Filing 5 CERTIFICATE OF SERVICE by Target Corporation re Order to Show Cause, via e-mail and first class mail (Leibowitz, Allison) |
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ORDER TO SHOW CAUSE. Plaintiff is ordered to show cause by 11/22/2023 why defendants Forest Avenue Plaza 1343 LLC and Kimco Staten Island SS 1343 Inc. should not be dismissed as fraudulently joined. See Haskin v. United States, No. 10-cv-5089, 2015 WL 2971730, *14 (E.D.N.Y. June 30, 2015). Ordered by Judge Brian M. Cogan on 11/16/2023. (PW)
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| Filing 4 This attorney case opening filing has been checked for quality control. Certification of Arbitration incomplete. See the attachment for corrections that were made, if any. (CV) (Main Document 4 replaced on 11/15/2023) (CV). Modified on 11/15/2023 (CV). |
| Filing 3 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CV) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Brian M. Cogan 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 11/15/2023. (CV)
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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. (CV) |
| Filing 2 Corporate Disclosure Statement by Target Corporation (Attachments: #1 Certificate of Service) (Leibowitz, Allison) |
| Filing 1 NOTICE OF REMOVAL by Target Corporation from Supreme Court, Richmond County, case number 151896/2023. ( Filing fee $ 402 receipt number ANYEDC-17275451) (Attachments: #1 Exhibit A - S&C, #2 Civil Cover Sheet, #3 Certificate of Service) (Leibowitz, Allison) |
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