Wiggins v. Target Corporation
| Gwendolyn Wiggins |
| Target Corporation also known as Target Stores doing business as Target 2840 and Target Stores |
| 2:2022cv05996 |
| October 6, 2022 |
| US District Court for the Eastern District of New York |
| Joanna Seybert |
| James M Wicks |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
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Filing 9
ORDER granting #7 Motion to Remand to State Court; In light of the parties' stipulation which caps the amount in controversy of this action to a sum no greater than $75,000, the Court lacks subject matter jurisdiction pursuant to 28 U.S.C. 1332(a). Accordingly, Plaintiff's motion to remand this case to Supreme Court, Queens County (ECF No. 7) is GRANTED and the Clerk of Court is directed to mark this case CLOSED. So Ordered by Judge Joanna Seybert on 11/23/2022. (CV)
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| Filing 8 Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR INITIAL CONFERENCE. Counsel for Plaintiff: Henry Nachtman. Counsel for Defendant: Allison C. Leibowitz. Initial Conference Hearing held on 11/23/2022 at 9:00 AM. A scheduling order was not entered in light of the parties' filing under (DE #6 and DE #7 ) which seek remand based upon lack of subject matter jurisdiction. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. (FTR Log #9:07-9:09 (Video).) (DF) |
| Filing 7 First MOTION to Remand to State Court by Gwendolyn Wiggins. (Shikh, Nonna) |
| Filing 6 STIPULATION capping damages at $75,000 by Target Corporation (Leibowitz, Allison) |
| Filing 5 Proposed Scheduling Order by Target Corporation (Leibowitz, Allison) |
| Attention Nonna Shikh: 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. (MK) |
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Filing 4
INITIAL CONFERENCE SCHEDULING ORDER: An initial conference via Zoom will be held November 23, 2022, at 9:00 AM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than November 16, 2022. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 10/12/2022. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Rules) (DF)
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| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (PB) (Additional attachment(s) added on 10/7/2022: #1 Additional Corrections) (LJ). |
| Case Assigned to Judge Joanna Seybert and Magistrate Judge James M. Wicks. 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. (LJ) |
| Filing 1 NOTICE OF REMOVAL by Target Corporation from Supreme Court, Queens County, case number 702130/2022. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-16012663) (Attachments: #1 Exhibit A - S&C, #2 Exhibit B - Answer, #3 Exhibit C - Plaintiff's Response to Discovery and Inspection, #4 Civil Cover Sheet, #5 Certificate of Service) (Leibowitz, Allison) Modified on 10/7/2022 (LJ). |
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