Merrimack Mutual Fire Insurance Company v. Home Depot U.S.A., Inc
| MERRIMACK MUTUAL FIRE INSURANCE COMPANY a/s/o IVAN SIBAJA, HOME DEPOT U.S.A., INC. i/s/h/a HOME DEPOT and Merrimack Mutual Fire Insurance Company |
| Home Depot U.S.A., Inc |
| 1:2024cv02627 |
| April 8, 2024 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Defendant |
Docket Report
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This docket was last retrieved on July 22, 2024. A more recent docket listing may be available from PACER.
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| Filing 23 NOTICE of Appearance by Jonathan Sichtermann on behalf of Home Depot U.S.A., Inc (aty to be noticed) (Sichtermann, Jonathan) |
| Filing 22 MOTION to Withdraw as Attorney by Home Depot U.S.A., Inc. (Gabriel, Meagan) |
ORDER granting #22 Motion to Withdraw as Attorney. Meagan M. Gabriel shall be removed from the docket. Steven W. Williams shall continue to represent Defendant in this action. Ordered by Judge Hector Gonzalez on 5/28/2024. (RCM)
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| Filing 21 NOTICE of Appearance by Steven W. Williams on behalf of Home Depot U.S.A., Inc (aty to be noticed) (Williams, Steven) |
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Filing 20
ORDER: The Court adopts the parties' proposed case management plan, see ECF No. #19 , as the Court's scheduling order required by Rule 16(b), with the adjustments reflected in the accompanying order. Ordered by Judge Hector Gonzalez on 5/16/2024. (RCM)
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| Filing 19 Proposed Scheduling Order by Home Depot U.S.A., Inc (Gabriel, Meagan) |
| Filing 18 MOTION to Withdraw as Attorney Michael N. Giacopelli by Home Depot U.S.A., Inc. (Giacopelli, Michael) |
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ORDER granting #18 Motion to Withdraw as Attorney. Michael N. Giacopelli shall be removed from the docket. Meagan Gabriel shall continue to represent Defendant in this action. Ordered by Judge Hector Gonzalez on 5/16/2024. (RCM)
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ORDER: The Court is in receipt of the parties' joint letter and partial case management plan. See ECF No. #17 . The proposed case management plan is incomplete. The parties must complete Attachments A and B. See ECF No. #15 . The parties shall submit a revised case management plan on or before May 17, 2024. Ordered by Judge Hector Gonzalez on 5/14/2024. (RCM)
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| Filing 17 Proposed Scheduling Order by Home Depot U.S.A., Inc (Gabriel, Meagan) |
| Filing 16 AMENDED ANSWER to Complaint by Home Depot U.S.A., Inc. (Gabriel, Meagan) |
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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 May 13, 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 4/29/2024. (RCM)
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Filing 14
ORDER: For the reasons set forth in the accompanying Order, Plaintiff's motion to remand this case to state court, see ECF No. #7 , is DENIED. Ordered by Judge Hector Gonzalez on 4/29/2024. (RCM)
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| Filing 13 Corporate Disclosure Statement by Home Depot U.S.A., Inc (Gabriel, Meagan) |
| Filing 12 RESPONSE to Discovery Request by Merrimack Mutual Fire Insurance Company. (Attachments: #1 Exhibit, #2 Affidavit of Service) (Rubinstein, Jeffrey) |
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ORDER: The parties are not in compliance with Rule 7.1(a)(2)(A), which requires them to file corporate disclosure statements which "name-and identify the citizenship of-every individual or entity whose citizenship is attributed to that party." Plaintiff has not filed a corporate disclosure statement at all, and Defendant's, see ECF No. #2 , is insufficient. A corporation is a "citizen of every State... by which it has been incorporated and of the State... where it has its principal place of business." 28 U.S.C. 1332(c)(1). The parties shall file corporate disclosure statements in conformity with Rule 7.1 on or before April 30, 2024. Ordered by Judge Hector Gonzalez on 4/26/2024. (RCM)
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| Filing 11 REPLY in Opposition re #7 Letter to Remand filed by Home Depot U.S.A., Inc. (Attachments: #1 Exhibit Exhibit A- State Court Complaint) (Gabriel, Meagan) |
| Filing 10 ANSWER to Complaint (Notice of Removal) by Home Depot U.S.A., Inc. (Gabriel, Meagan) |
| Filing 9 STATE COURT RECORD Received. (JP) |
| Filing 8 COMPLAINT against Home Depot U.S.A., Inc filing fee $ 405, receipt number ANYEDC-17790269 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Merrimack Mutual Fire Insurance Company. (Attachments: #1 Affidavit of Service) (Rubinstein, Jeffrey) |
| Filing 7 Letter Pre-Motion Letter by Merrimack Mutual Fire Insurance Company (Attachments: #1 Affidavit of Service, #2 Exhibit, #3 Exhibit) (Rubinstein, Jeffrey) |
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ORDER: Plaintiff has filed a "Pre-Motion Letter for Remand," which the Court construes as a pre-motion conference letter in anticipation of a motion to remand. See ECF No. #7 . Defendant may file a responsive letter no longer than three pages on or before April 24, 2024. The Court will likely take under consideration whether to remand this case based solely on the parties' letters regardless of whether Defendant files a responsive letter. Plaintiff shall comply with Court's previous Order to file its complaint on or before April 23, 2024. See Apr. 9, 2024, Text Order. Ordered by Judge Hector Gonzalez on 4/17/2024. (RCM)
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| Filing 6 STRICKEN ANSWER to Complaint by Home Depot U.S.A., Inc. (Gabriel, Meagan) pursuant to Order dated April 15, 2024 of Judge Gonzalez. This entry has been modified on April 17, 2024 to indicated Answer #6 has been stricken. Modified on 4/17/2024 (JVC). |
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ORDER: The Court ordered Plaintiff to file its complaint on or before April 23, 2024. See Apr. 9, 2024, Text Order. Defendant has filed an answer to what appears to be a complaint. See ECF No. #6 . However, Plaintiff has filed no complaint on the docket. Accordingly, the Court STRIKES the Answer, see ECF No. #6 , as premature. Defendant is directed to file its answer in accordance with the time limits provided for by Rule 12 after Plaintiff files its complaint. Ordered by Judge Hector Gonzalez on 4/15/2024. (RCM)
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 4 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 (CV) |
| 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) |
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ORDER: Defendant has filed a notice of removal. See ECF No. #1 . As permitted under New York law, Plaintiff initiated the state action by serving a summons with notice, but no complaint, on Defendant. Accordingly, the Court orders Plaintiff to file its complaint on or before April 23, 2024. Ordered by Judge Hector Gonzalez on 4/9/2024. (PN)
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| Filing 3 NOTICE of Appearance by Michael Nathan Giacopelli on behalf of HOME DEPOT U.S.A., INC. i/s/h/a HOME DEPOT (aty to be noticed) (Giacopelli, Michael) |
| Filing 2 Corporate Disclosure Statement by HOME DEPOT U.S.A., INC. i/s/h/a HOME DEPOT (Gabriel, Meagan) |
| Filing 1 NOTICE OF REMOVAL by HOME DEPOT U.S.A., INC. i/s/h/a HOME DEPOT from Supreme Court of New York Suffolk County, case number 600560/2024. ( Filing fee $ 405 receipt number ANYEDC-17752109) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Gabriel, Meagan) |
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