Taylor v. Reckitt Benckiser Pharmaceuticals, Inc.
| Tiffany Taylor |
| Reckitt Benckiser Pharmaceuticals, Inc. |
| 1:2023cv08783 |
| November 29, 2023 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Taryn A Merkl |
| Fraud or Truth-In-Lending |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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ORDER: The motion for extension of time to file answer #13 is granted. Defendant shall file an answer or otherwise respond to the complaint by 2/22/2024. The parties are respectfully reminded that any motion practice must be initiated in accordance with the Individual Rules of the assigned District Judge. Ordered by Magistrate Judge Taryn A. Merkl on 1/9/2024. (ALG)
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| Filing 13 Letter MOTION for Extension of Time to File Answer re #1 Complaint On Consent of All Parties by Tiffany Taylor. (Schoenfeld, Steven) |
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ORDER: Plaintiff filed the Complaint on 11/29/2023 and filed proof service on 12/11/2023, indicating that Defendant was served on 12/6/2023 with an answer due 12/27/2023. To date, Defendant has not answered or otherwise responded to the Complaint. Defendants are directed to answer, move, or otherwise respond to the Complaint by 1/25/2024. Plaintiff is directed to provide a copy of this Order to Defendants forthwith and to provide proof of same by 1/11/2024. Ordered by Magistrate Judge Taryn A. Merkl on 1/4/2024. (ALG)
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| Filing 12 Letter Clarifying Plaintiff's Citizenship for Purposes of Diversity Jurisdiction by Tiffany Taylor (Sharovskiy, Stanislav) |
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ORDER: The Court notes that the #1 Complaint refers to Plaintiff Tiffany Taylor as a "reside[nt]" of New York. (Compl., Dkt. 1 para. 6.) Residence does not suffice to allege a party's citizenship and is inadequate to support diversity jurisdiction. See Van Buskirk v. United Grp. of Cos., Inc., 935 F.3d 49, 53--54 (2d Cir. 2019) ("An individual's citizenship, within the meaning of the diversity statute, is determined by [her] domicile... residence alone is insufficient to establish domicile for jurisdictional purposes."); Dukes ex rel. Dukes v. N.Y.C. Emps.' Ret. Sys., 581 F. App'x 81, 82 (2d Cir. 2014) (summary order) ("To determine domicile, courts examine physical presence and intent to remain in that place indefinitely.").In light of the foregoing, the Court directs Plaintiff to file a letter by January 4, 2024 that clarifies where she is a citizen for purposes of diversity jurisdiction, not merely where she "resides." Ordered by Judge Pamela K. Chen on 12/21/2023. (AH)
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| Filing 11 SUMMONS Returned Executed by Tiffany Taylor. Reckitt Benckiser Pharmaceuticals, Inc. served on 12/6/2023, answer due 12/27/2023. (Schoenfeld, Steven) |
| Filing 10 Summons Issued as to Reckitt Benckiser Pharmaceuticals, Inc.. (MLR) |
| Filing 9 Proposed Summons. Re #1 Complaint by Tiffany Taylor (Schoenfeld, Steven) |
| Your proposed summons was not issued for one of the following reasons:. The name on the summons does not match the name as it appears on the complaint. The attorney was also contacted by phone and advised of the deficiency. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (MLR) |
| Filing 8 Proposed Summons. Re #1 Complaint by Tiffany Taylor (Schoenfeld, Steven) |
| Filing 7 NOTICE of Appearance by Stanislav Sharovskiy on behalf of Tiffany Taylor (aty to be noticed) (Sharovskiy, Stanislav) |
| Filing 6 NOTICE of Appearance by Jeffrey I. Carton on behalf of Tiffany Taylor (aty to be noticed) (Carton, Jeffrey) |
| Filing 5 NOTICE of Appearance by James R. Denlea on behalf of Tiffany Taylor (aty to be noticed) (Denlea, James) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 3 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Taryn A. Merkl. 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) |
| Your proposed summons was not issued for one of the following reasons: No name and address on the Plaintiffs attorney name and addresses section. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (KD) |
| Filing 2 Proposed Summons.Civil Cover Sheet.. by Tiffany Taylor (Attachments: #1 Civil Cover Sheet) (Schoenfeld, Steven) |
| Filing 1 COMPLAINT against Reckitt Benckiser Pharmaceuticals, Inc. filing fee $ 402, receipt number ANYEDC-17328981 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Tiffany Taylor. (Schoenfeld, Steven) |
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| Plaintiff: Tiffany Taylor | |
| Represented By: | Steven R. Schoenfeld |
| Represented By: | James R. Denlea |
| Represented By: | Jeffrey I. Carton |
| Represented By: | Stanislav Sharovskiy |
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| Defendant: Reckitt Benckiser Pharmaceuticals, Inc. | |
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