DeJesus Tavarez Collado v. HD Development of Maryland Inc. et al

Plaintiff: Anthony DeJesus Tavarez Collado
Defendant: HD Development of Maryland Inc. and Home Depot U.S.A., Inc.
Case Number: 1:2024cv01965
Filed: March 18, 2024
Court: US District Court for the Eastern District of New York
Presiding Judge: Nina Gershon
Referring Judge: Cheryl L Pollak
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1446 Petition for Removal- Personal Injury
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 1, 2024 Filing 9 SCHEDULING ORDER: An Initial Conference is set for 5/23/2024 @ 10:45 AM before Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via CISCO conference call. Please dial 571-353-2301 at 10:45 AM. Enter Meeting ID: 022-788-537. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/1/2024. (DC)
May 1, 2024 ORDER that Defendants' response to the court's March 25, 2024 order to show cause, to which Plaintiff did not respond, resolves the issue of subject matter jurisdiction at this time. Plaintiff's medical records appended to Defendants' counsel's affirmation indicate that Plaintiff is a New York resident. Further, Defendants represent that they are citizens of Delaware and Georgia. The amount in controversy has been met. Therefore, remand is not appropriate at this time and the courts order to show cause is resolved. ( Ordered by Judge Nina Gershon on 5/1/2024 ) (RG) Modified on 5/1/2024 (RG).
April 9, 2024 Filing 8 NOTICE of Appearance by Bruce J. Ressler on behalf of All Plaintiffs (aty to be noticed) (Ressler, Bruce)
April 1, 2024 Filing 7 Proposed Pretrial Order Order to Show Cause by HD Development of Maryland Inc., Home Depot U.S.A., Inc. (Attachments: #1 Affidavit in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Chappell, Robert)
March 25, 2024 ORDER TO SHOW CAUSE: After a review of defendants' notice of removal, as well as the underlying complaint filed in state court, defendants are hereby directed to show cause why this case should not be remanded for lack of subject matter jurisdiction. Although defendants' notice of removal represented that Plaintiff, in the Complaint, alleged to be a citizen of the State of New York with a residence in the County of Queens, the complaint does not identify the citizenship of the Plaintiff. Defendants are directed to file their papers by April 1, 2024 and Plaintiff is directed to respond by April 8, 2024. (Ordered by Judge Nina Gershon on 3/25/2024). Ordered by Judge Nina Gershon on 3/25/2024. (VWJ)
March 18, 2024 Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM)
March 18, 2024 Filing 5 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 (SDM)
March 18, 2024 Filing 4 ANSWER to Complaint by All Defendants. (Chappell, Robert)
March 18, 2024 Filing 3 Civil Cover Sheet.. by HD DEVELOPMENT OF MARYLAND INC. and HOME DEPOT U.S.A., INC. (Chappell, Robert)
March 18, 2024 Filing 2 Corporate Disclosure Statement by HD DEVELOPMENT OF MARYLAND INC. and HOME DEPOT U.S.A., INC. (Chappell, Robert)
March 18, 2024 Filing 1 NOTICE OF REMOVAL by All Defendants from ANTHONY DEJESUS TAVAREZ COLLADO v.HD DEVELOPMENT OF MARYLAND INC., and HOME DEPOT U.S.A., INC., case number 703396/2024. ( Filing fee $ 405 receipt number ANYEDC-17677049) (Attachments: #1 Exhibit) (Chappell, Robert)
March 18, 2024 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. (SDM)

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Plaintiff: Anthony DeJesus Tavarez Collado
Represented By: Lee M. Huttner
Represented By: Bruce J. Ressler
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Defendant: HD Development of Maryland Inc.
Represented By: Robert J. Chappell
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Defendant: Home Depot U.S.A., Inc.
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