Rao et al v. Home Depot U.S.A., Inc.
| Kusama P Rao and Panduranda Rao |
| Home Depot U.S.A., Inc. |
| Howard Adelsberg |
| 1:2023cv08903 |
| December 4, 2023 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Kiyo A Matsumoto |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| Defendant |
Docket Report
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties.Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session using the Selection of the Mediator Form on the ADR Forms website under Mediator Forms/For Counsel and Parties: https://www.nyed.uscourts.gov/adr-forms or via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)].The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov.Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. The Mediation Report must be submitted within two weeks following mediation session. (JR) |
| Filing 10 NOTICE of Appearance by Yelena Lena Graves on behalf of Home Depot U.S.A., Inc. (aty to be noticed) (Graves, Yelena) |
| Minute Entry for Initial Conference proceedings held on 1/17/2024 before Magistrate Judge James R. Cho. Appearances by Joseph P. Napoli for plaintiffs; Yelena Lena Graves for defendant. Mr. Napoli joined the conference late. Mr. Napoli is reminded to join Court conferences on time. Case discussed. The Court entered the following pretrial schedule: parties to exchange automatic disclosures by 2/15/2024; no amendment of the pleadings or joinder of additional parties permitted after 2/29/2024 without good cause; parties to complete fact discovery by 7/17/2024; affirmative expert disclosures due by 8/9/2024; rebuttal expert disclosures due by 9/19/2024; and all discovery, including expert depositions, shall be completed by 10/21/2024. The Court will set a deadline for commencing dispositive motion practice after the parties have completed discovery, if necessary.Parties are open to an early resolution of this case. The case is referred to the Court-annexed mediation program. Parties to select a mediator by 1/31/2024, and complete mediation by 4/17/2024. Parties shall file a joint status report two weeks after completing the mediation, but no later than 5/1/2024, whichever date is earlier. (AT&T Conference Bridge.) (SGC) |
| Filing 9 Proposed Scheduling Order by Home Depot U.S.A., Inc. (Strongin, Howard) |
| Filing 8 NOTICE of Appearance by Martin Menachem Adler on behalf of Home Depot U.S.A., Inc. (aty to be noticed) (Adler, Martin) |
Filing 7
SCHEDULING ORDER: Telephonic initial conference scheduled for 1/17/2024 at 12:00 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 the defendant. Counsel are directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 1/15/2024. Each party is directed to call toll free (888) 808-6929 and use access code 106-5334. 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 12/19/2023. (Attachments: #1 Chamber's Individual Rules) (TT)
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| Filing 6 Letter Response to Court Order by Home Depot U.S.A., Inc. (Attachments: #1 Exhibit A - Plaintiff's Response to Combined Demands, #2 Exhibit B - Plaintiff's Bill of Particulars) (Strongin, Howard) |
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ORDER. The Court is in receipt of #6 Letter filed by Defendant's Counsel. In light of the additional information provided by Defendant regarding Plaintiffs' response to a CPLR Section 3017(c) demand, the Court finds sufficient information has been provided regarding the amount in controversy for purposes of diversity jurisdiction. The Parties are accordingly ordered to proceed to discovery and an initial conference with Magistrate Judge Cho. Ordered by Judge Kiyo A. Matsumoto on 12/18/2023. (SP)
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ORDER: The court is in receipt of #5 Letter filed by Plaintiffs' counsel in response to the Court's December 5, 2023, Order to Show Cause, clarifying the domicile of one of the two plaintiffs. Plaintiffs' response did not provide additional detail regarding the domicile of the other named plaintiff nor a statement regarding losses or damages. Pursuant to this Court's December 5, 2023, Order to Show Cause, the parties were ordered to respond no later than December 15, 2023 as to why this action should not be remanded to state court for lack of diversity jurisdiction. Defendant Home Depot has failed to comply with this Court's Order to Show Cause. If Defendant does not address the Court's concerns outlined in the Order to Show Cause by December 20, 2023, this action will be remanded to state court. Ordered by Judge Kiyo A. Matsumoto on 12/18/2023. (SP)
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| Filing 5 Letter Response to Order dated December 5, 2023 by Kusama P Rao (Napoli, Joseph) |
| Filing 4 DISCLOSURE of Interested Parties by Home Depot U.S.A., Inc.. (Strongin, Howard) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Filing 2 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 Kiyo A. Matsumoto 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. (KD) |
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ORDER TO SHOW CAUSE re #1 Notice of Removal, filed by Home Depot U.S.A., Inc. The parties are ordered to show cause no later than December 15, 2023, why this action should not be remanded to state court for lack of diversity subject matter jurisdiction given the lack of detail regarding Plaintiffs' alleged losses or damages in the complaint. See Minaudo v. Sunrise at Sheepshead Bay, No. 22-CV-2579(EK)(RLM), 2023 WL 110359, at *3 (E.D.N.Y. Jan. 5, 2023) (collecting cases remanded for failure to establish amount in controversy, even where permanent, serious, and fatal injuries were alleged because allegations did not particularize extent of injuries or damage). The Court further notes that to the extent the removing defendant relies on a settlement demand from a plaintiff, "settlement demands generally are not reliable indicators of the amount in controversy." Elzoghary v. Zelaya-Monge, No. 23-CV-5353(DLI)(PK), 2023 WL 6121800, at *2 (E.D.N.Y. Sept. 19, 2023). If Defendant intended to represent that it received this monetary demand in response to a N.Y. C.P.L.R. 3017(c) supplemental demand, it shall so specify in its response to this order.Finally, the Court notes that the complaint is silent to Plaintiffs' domicile, specifying only that Plaintiffs are "residents" of New York. "[A]llegations of residency alone cannot establish citizenship." Canedy v. Liberty Mutual Ins. Co., 126 F.3d 100, 103 (2d Cir. 1997). As such, the parties shall also clarify the domicile of Plaintiffs in the response to this order.The parties shall respond to this order to show cause via ECF by December 15, 2023. Ordered by Judge Kiyo A. Matsumoto on 12/5/2023. (SP)
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| 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) |
| Filing 1 NOTICE OF REMOVAL by Home Depot U.S.A., Inc. from Queens County Supreme Court, case number 717984/2023. ( Filing fee $ 405 receipt number ANYEDC-17342377) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 7.1 Corporate Disclosure, #6 Jury Demand) (Strongin, Howard) |
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