Ocasio v. Six Flags Great Escape, L.P.
| Odemaris Ocasio |
| Six Flags Great Escape, L.P. doing business as Six Flags Great Escape Lodge & Indoor Waterpark |
| 1:2021cv00997 |
| September 8, 2021 |
| US District Court for the Northern District of New York |
| Daniel J Stewart |
| Glenn T Suddaby |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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Filing 26
TEXT ORDER granting the parties' #25 Letter Request seeking to reschedule the Rule 16 Initial Conference in this matter. The Rule 16 Initial Conference is RESCHEDULED for December 6, 2021 at 10:00 AM before the undersigned. The Court will issue a separate notice setting forth the instructions to connect to the conference call. Counsel are directed to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures by November 29, 2021. Pursuant to Local Rule 26.2, Mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court. SO ORDERED by Magistrate Judge Daniel J. Stewart on 10/21/2021. (mab)
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Filing 25
Letter Motion from Odemaris Ocasio, requesting to adjourn the Rule 16 conference currently scheduled for October 22, 2021 at 9:00 to one of the dates listed in letter for December 2021. Submitted to Judge Daniel J. Stewart. (see)
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Filing 24
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Six Flags Great Escape, L.P.. (Eichenbaum, Heather)
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Filing 23
Defendant's ANSWER to #1 Complaint, with Affirmative Defenses by Six Flags Great Escape, L.P..(Eichenbaum, Heather)
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Filing 22
Letter from Daniel R. Sonneborn re #19 Notice of Admission Requirement confirming that Attorney Sonneborn will not remain as counsel of record for Defendant Six Flags Great Escape, L.P. (dpk)
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Filing 21
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 10/22/2021 09:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 10/15/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) {Copies of GO25 emailed to all non-admitted counsel on 9/8/2021 along with admission requirements}(see)
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Filing 20
NOTICE of Admission Requirement as to Party Six Flags Great Escape, L.P.; Attorney Heather M. Eichenbaum, Email address is heichenbaum@sgrvlaw.com. Phone number is 215-241-8856. Admissions due by 9/22/2021. {Emailed to counsel on 9/8/2021}(see)
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Filing 19
NOTICE of Admission Requirement as to Party Six Flags Great Escape, L.P.; Attorney Daniel R. Sonneborn, Email address is dsonneborn@preti.com. Phone number is 617-226-3852. Admissions due by 9/22/2021. {Emailed to attorney on 9/8/2021}(see)
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Filing 18
NOTICE of Admission Requirement as to Party Odemaris Ocasio; Attorney Anthony P. Facchini, Email address is afacchini@facchinilawoffices.net. Phone number is 413-746-3369. Admissions due by 9/22/2021. {Copy emailed to counsel on 9/8/2021}(see)
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Filing 17
Case transferred in from District of Massachusetts; Case Number 3:21-cv-30073. electronically transferred when case opened
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Filing 16
Case transferred to to District of Northern New York;. Original file with documents numbered 1-15, certified copy of transfer order and docket sheet sent to Clerk in that district. (Zamorski, Michael) [Transferred from Massachusetts on 9/8/2021.]
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Filing 15
Judge Mark G. Mastroianni: ELECTRONIC ORDER denying #7 Motion to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction and Improper Venue and transferring this case to the Northern District of New York pursuant to 28 U.S.C. s. 1631. Plaintiff, a Massachusetts resident, was injured while at a water park located in New York. The water park was operated by Defendant, a limited partnership formed under New York law, with a principal place of business in New York, and two limited partners: a New York corporation and an Ohio corporation. Defendant challenged this court's personal jurisdiction, placing on Plaintiff the burden to establish this court's general or specific jurisdiction over Defendant. Cossart v. United Excel Corp., 804 F.3d 13, 18, 20 (1st Cir. 2015). At this early stage, the court applies the prima facie approach, "asking only whether the plaintiff has proffered facts that, if credited, would support all findings 'essential to personal jurisdiction.'" Kuan Chen v. U.S. Sports Acad., Inc., 956 F.3d 45, 51 (1st Cir. 2020). "To make such a showing, the plaintiff cannot rely solely on conclusory averments but must 'adduce evidence of specific facts.'" Id. at 54 (quoting Foster-Miller, Inc. v. Babcock & Wilcox Can., 46 F.3d 138, 145 (1st Cir. 1995)). For general jurisdiction, this requires facts sufficient to establish Defendant's "affiliations with the State are so 'continuous and systematic' as to render them essentially at home in the forum State." Goodyear Dunlop Tires Ops., S.A. v. Brown, 564 U.S. 915, 919 (2011). Specific jurisdiction requires a showing that the case relates sufficiently to, or arises from, a significant subset of contacts between the defendant and the forum. Kuan Chen, 956 F.3d at 55 (internal quotations omitted).Plaintiff's factual allegations do not satisfy this standard as to either general or specific jurisdiction. Plaintiff's Complaint is nearly devoid of allegations supporting personal jurisdiction over Defendant. When conclusory allegations are disregarded, all that remains are factual allegations that Defendants advertising reaches Massachusetts and "derives substantial revenue from interstate commerce." (Compl., Dkt. No. 1, para. 8.) The only additional evidence Plaintiff has offered to bolster her position is her own affidavit, in which she states that Defendant's advertising induced her to travel to the water park and that she has been aware of Defendant's advertising, both on the internet and radio, for many years. These facts fall well short of rendering Defendant "essentially at home" in Massachusetts or demonstrating the necessary connection between the alleged tort and Defendants contacts with Massachusetts. See e.g. Marino v. Hyatt Corp., 793 F.2d 427 (1st Cir. 1986) (finding evidence that defendant advertised, solicited business, and operated a hotel in Massachusetts insufficient for general jurisdiction and evidence that Hawaii hotel room was booked in Massachusetts insufficient for specific jurisdiction over claims arising from tort that occurred in Hawaii hotel).Finally, having found Plaintiff has not met her burden of establishing this court's personal jurisdiction over Defendant, the court transfers this action to the Northern District of New York pursuant to 28 U.S.C. s. 1631, noting also that both Plaintiff and Defendant have proposed such a transfer. (Zamorski, Michael) [Transferred from Massachusetts on 9/8/2021.]
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Filing 14
REPLY to Response to #7 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue filed by Six Flags Great Escape, L.P.. (Sonneborn, Daniel) [Transferred from Massachusetts on 9/8/2021.]
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Filing 13
Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #12 Motion for Leave to File Reply in Support of Motion to Dismiss. Counsel for Defendant should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include Leave to file granted on (date of order) in the caption of the document. (Lindsay, Maurice) [Transferred from Massachusetts on 9/8/2021.]
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Filing 12
MOTION for Leave to File Reply Brief in Support of Motion to Dismiss by Six Flags Great Escape, L.P.. (Attachments: #1 Exhibit A - Proposed Reply Brief)(Sonneborn, Daniel) [Transferred from Massachusetts on 9/8/2021.]
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Filing 11
Opposition re #7 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue filed by Odemaris Ocasio. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Facchini, Anthony) [Transferred from Massachusetts on 9/8/2021.]
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Filing 10
Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #6 Motion for Leave to Appear Pro Hac Vice Added Heather M. Eichenbaum. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Zamorski, Michael) [Transferred from Massachusetts on 9/8/2021.]
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Filing 9
CORPORATE DISCLOSURE STATEMENT by Six Flags Great Escape, L.P.. (Sonneborn, Daniel) [Transferred from Massachusetts on 9/8/2021.]
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Filing 8
MEMORANDUM in Support re #7 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue filed by Six Flags Great Escape, L.P.. (Attachments: #1 Exhibit A - Complaint, #2 Affidavit Exhibit B - Affidavit of Service, #3 Affidavit Exhibit C - Affidavit of R.J. Elrick)(Sonneborn, Daniel) [Transferred from Massachusetts on 9/8/2021.]
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Filing 7
MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue by Six Flags Great Escape, L.P.. (Attachments: #1 Exhibit A - Complaint, #2 Affidavit Exhibit B - Affidavit of Service, #3 Affidavit Exhibit C - Affidavit of R.J. Elrick)(Sonneborn, Daniel) [Transferred from Massachusetts on 9/8/2021.]
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Filing 6
Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Heather M. Eichenbaum Filing fee: $ 100, receipt number 0101-8865911 by Six Flags Great Escape, L.P.. (Attachments: #1 Affidavit Exhibit A - Affidavit of Heather M. Eichenbaum)(Sonneborn, Daniel) [Transferred from Massachusetts on 9/8/2021.]
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Filing 5
AFFIDAVIT OF SERVICE Executed by Odemaris Ocasio. Six Flags Great Escape, L.P. served on 6/28/2021, answer due 7/19/2021. Acknowledgement filed by Odemaris Ocasio. (Facchini, Anthony) [Transferred from Massachusetts on 9/8/2021.]
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Filing 4
Summons Issued as to Six Flags Great Escape, L.P.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Lindsay, Maurice) [Transferred from Massachusetts on 9/8/2021.]
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Filing 3
ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Katherine A. Robertson. (Lindsay, Maurice) [Transferred from Massachusetts on 9/8/2021.]
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Filing 1
COMPLAINT against Six Flags Great Escape, L.P. Filing fee: $ 402, receipt number 0101-8829270 (Fee Status: Filing Fee paid), filed by Odemaris Ocasio. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Category Sheet)(Facchini, Anthony) [Transferred from Massachusetts on 9/8/2021.]
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| Plaintiff: Odemaris Ocasio | |
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| Defendant: Six Flags Great Escape, L.P. doing business as Six Flags Great Escape Lodge & Indoor Waterpark | |
| Represented By: | Heather Eichenbaum |
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