Field v. Homegoods, Inc. et al
| Michelle Field |
| Homegoods, Inc. and The TJX Companies Inc. |
| 1:2024cv00595 |
| January 26, 2024 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
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Civil Case Terminated. SO Ordered by Judge Hector Gonzalez on February 7, 2024. (JVC)
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ORDER: Defendants TJX Companies Inc. and Homegoods, Inc. removed this case on November 8, 2023, roughly a year and a half after it was initially filed on May 19, 2022. See ECF No. #2 . The case was initially removed to the United States District Court for the Southern District of New York, and was transferred to this Court on January 26, 2024. See ECF No. #13 . Under 28 U.S.C. 1446(b), a notice of removal of a civil action generally must be filed "within 30 days after the receipt by the defendant... of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based." 28 U.S.C. 1446(b)(1). "If the case stated by the initial pleading is not removable, a notice of removal may be filed within thirty days after receipt by the defendant... of a copy of an amended pleading, motion, order or other paper from which it may be first ascertained that the case is one which is or has become removable." Id. 1446(b)(3). In diversity jurisdiction cases, "the removal clock does not start to run until the plaintiff serves the defendant with a paper that explicitly specifies the amount of damages sought." Moltner v. Starbucks Coffee Co., 624 F.3d 34, 38 (2d Cir. 2010). However, a case may not be removed on the basis of diversity jurisdiction "more than [one] year after commencement of the action, unless the district court finds that the plaintiff has acted in bad faith in order to prevent a defendant from removing the action." 28 U.S.C. 1446(c)(1). There is no dispute that Defendants removed this case almost a year and a half after it was initially filed in state court. Therefore, the Court may only excuse Defendants' delay in removing the case if it finds that the "bad faith" exception applies. Defendants argue that Plaintiff acted in bad faith by intentionally waiting more than a year after the case was commenced to disclose that she was seeking damages in excess of $75,000. See ECF No. #17 . "The exception to the one-year limitations [period on removal] requires more than just bad faith; it requires bad faith plus the motive to prevent removal." Martinez v. Yordy, No. 16-cv-5, 2016 WL 8711443, at *3 (E.D.N.Y. Feb. 19, 2016). "Late disclosure of the amount-in-controversy has, on its own, generally been insufficient to show bad faith." Schabhuttl v. BJ's Membership Club, Inc., No. 23-cv-782, 2023 WL 3180379, at *2 (E.D.N.Y. May 1, 2023). Here, Defendants' only evidence of Plaintiff's bad faith is delay and unresponsiveness, and "[u]nresponsiveness does not amount to bad faith absent indicia of intent to prevent removal." Kozlova v. Whole Foods Mkt. Grp., No. 20-cv-6025, 2021 WL 4398234, at *4 (E.D.N.Y. Sept. 26, 2021). Defendants argue that Plaintiff knew that they were seeking to remove the case and acted intentionally to prevent removal because Defendants sent Plaintiff correspondence in which they "expressed [their] intention to remove the case to federal court should the amount in controversy exceed $75,000." See ECF No. #17 . However, this correspondence was sent on May 24, 2023, more than one year after the case was filed, and thus after the deadline for removal had already expired. See Martinez, 2016 WL 8711443, at *3. Accordingly, Defendants may not invoke the "bad faith" exception under 1446(c)(1). In light of the one-year limit on removal of actions premised on diversity jurisdiction and the lack of evidence of bad faith, the Court remands this case to the New York Supreme Court, New York County. The Clerk of Court is respectfully directed to mail a copy of this Order to the Clerk of the New York County Supreme Court (Index No. 154340/2022), and to close this case. Ordered by Judge Hector Gonzalez on 2/7/2024. (ICP)
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| Filing 17 Letter in response to Your Honor's Order dated January 26, 2024 by Homegoods, Inc., The TJX Companies Inc. (Attachments: #1 Exhibit A Response, #2 Exhibit B Correspondence, #3 Exhibit C PCO, #4 Exhibit D 8-16-23 Correspondence, #5 Exhibit E CCO, #6 Exhibit F Motion) (Wertheimer, Scott) |
| Filing 16 Letter RE COurt order by Michelle Field (Devora, Glen) |
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Filing 15
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by March 1, 2024, as further described in the attached mandatory requirements. The parties' joint letter shall include a description of any discovery that has already been conducted in state court prior to Defendant's removal of this case. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 1/26/2024. (ICP)
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| Filing 14 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 (AF) |
| Filing 13 Case transferred in from District of New York Southern; Case Number 1:23-cv-09869. Original file certified copy of transfer order and docket sheet received. |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before February 2, 2024, explaining Plaintiff's position regarding whether this case was properly removed from state court. Plaintiff's letter must address not only whether the Court has diversity or federal question jurisdiction over the claims at issue in this case, but also whether the removing Defendants complied with the procedural requirements for removal, including the requirements in 28 U.S.C. 1446. Defendants may file a responsive letter no longer than three pages on or before February 9, 2024.If Plaintiff's letter indicates that removal was improper, the Court will likely take under consideration whether to remand this case based solely on the parties' letters, without affording Defendants the opportunity further to brief the issue, regardless of whether Defendants file a responsive letter. Ordered by Judge Hector Gonzalez on 1/26/2024. (ICP)
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| The case of Field v. Homegoods, Inc. et al, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 24-cv-595. PLEASE NOTE: 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. (AF) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York. (mml) [Transferred from New York Southern on 1/26/2024.] |
| Filing 12 MEMO ENDORSEMENT on re: #11 Letter filed by Homegoods, Inc., The TJX Companies, Inc. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to transfer this case to the U.S. District Court for the Eastern District of New York. (Signed by Judge Lorna G. Schofield on 1/18/2024) (mml) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 1/26/2024.] |
| Filing 11 JOINT LETTER addressed to Judge Lorna G. Schofield from Scott H. Wertheimer dated January 17, 2024 re: Pursuant to Court's January 12, 2024 Order-Transfer. Document filed by Homegoods, Inc., The TJX Companies, Inc...(Wertheimer, Scott) [Transferred from New York Southern on 1/26/2024.] |
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Filing 10
ORDER: It is hereby ORDERED that the January 17, 2024, initial pretrial conference is CANCELED. If the parties believe that a conference would nevertheless be useful, they should inform the Court immediately so the conference can be reinstated. It is further ORDERED that the parties shall file a joint letter by January 17, 2024, stating whether Plaintiff consents to transfer this case to the Eastern District of New York. If Plaintiff does not consent, Defendants shall file their motion to transfer venue, with a memorandum of law, by January 24, 2024. Plaintiff shall file her opposition by February 2, 2024. Defendants shall file their reply by February 9, 2024. The parties shall comply with the Court's Individual Rules in filing their motion and supporting papers. The case management plan and scheduling order will issue separately if the Court denies the motion to transfer venue. Motions due by 1/24/2024. Responses due by 2/2/2024 Replies due by 2/9/2024. (Signed by Judge Lorna G. Schofield on 1/12/2024) (mml) [Transferred from New York Southern on 1/26/2024.]
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| Filing 9 PROPOSED CASE MANAGEMENT PLAN. Document filed by Homegoods, Inc., The TJX Companies, Inc...(Wertheimer, Scott) [Transferred from New York Southern on 1/26/2024.] |
| Filing 8 JOINT LETTER addressed to Judge Lorna G. Schofield from Scott Wertheimer & Glen Devora dated 1/10/24 re: In advance of the Initial Conference on 1/17/24. Document filed by Homegoods, Inc., The TJX Companies, Inc.. (Attachments: #1 Proposed Order Civil Case Management Plan and Scheduling Order).(Wertheimer, Scott) [Transferred from New York Southern on 1/26/2024.] |
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Filing 7
ORDER: The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. It is further ORDERED that counsel for all parties file on ECF a joint letter with the Court no later than January 10, 2024. IPTC MATERIALS DUE: January 10, 2024. (And as further set forth herein.) SO ORDERED. Initial Conference set for 1/17/2024 at 04:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 12/1/2023) (jca) [Transferred from New York Southern on 1/26/2024.]
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) [Transferred from New York Southern on 1/26/2024.] |
| Magistrate Judge Valerie Figueredo is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) [Transferred from New York Southern on 1/26/2024.] |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #2 Notice of Removal,. Filing fee $ 402.00. Pay.gov receipt number ANYSDC-28541945, paid on 11/8/2023..(jgo) [Transferred from New York Southern on 1/26/2024.] |
| Case Designated ECF. (jgo) [Transferred from New York Southern on 1/26/2024.] |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The TJX Companies, Inc. for Homegoods, Inc., The TJX Companies, Inc.. Document filed by Homegoods, Inc., The TJX Companies, Inc...(Leibowitz, Allison) [Transferred from New York Southern on 1/26/2024.] |
| Filing 5 NOTICE OF APPEARANCE by Scott Howard Wertheimer on behalf of Homegoods, Inc., The TJX Companies, Inc...(Wertheimer, Scott) [Transferred from New York Southern on 1/26/2024.] |
| Filing 4 CERTIFICATE OF SERVICE of Notice of Removal with supporting exhibits, Civil Cover Sheet and Rule 7.1 Statement served on Jonathan D'Agostino & Associates, P.C. on November 8, 2023. Service was made by MAIL. Document filed by Homegoods, Inc., The TJX Companies, Inc...(Leibowitz, Allison) [Transferred from New York Southern on 1/26/2024.] |
| Filing 3 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Homegoods, Inc., The TJX Companies, Inc...(Leibowitz, Allison) Modified on 11/8/2023 (lb). [Transferred from New York Southern on 1/26/2024.] |
| Filing 2 NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 154340/2022..Document filed by The TJX Companies, Inc., Homegoods, Inc.. (Attachments: #1 Exhibit A - S&C, #2 Exhibit B - Verified Answer, #3 Exhibit C - Response, #4 Exhibit D - PCO, #5 Exhibit E - Ct Correspondence 8/16/23, #6 Exhibit F - CCO, #7 Exhibit G - Correspondence 9/19/23 w-BP, #8 Exhibit H - Motion).(Leibowitz, Allison) [Transferred from New York Southern on 1/26/2024.] |
| Filing 1 CIVIL COVER SHEET filed..(Leibowitz, Allison) [Transferred from New York Southern on 1/26/2024.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Allison Cory Leibowitz to RE-FILE Document No. #3 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) [Transferred from New York Southern on 1/26/2024.] |
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