Cruz v. Target
| Joeliz Cruz |
| Target |
| 1:2022cv00738 |
| July 11, 2022 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Gary L Sharpe |
| Daniel J Stewart |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| None |
Docket Report
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This docket was last retrieved on September 7, 2022. A more recent docket listing may be available from PACER.
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Filing 14
TEXT ORDER: On September 6, 2022, counsel for Plaintiff filed a Letter Request seeking permission to appear for the Rule 16 Initial Conference in this matter by telephone rather than in-person. Dkt. No. #13 . The request is GRANTED. Both parties are permitted to appear for the Rule 16 Initial Conference by telephone. The Court will issue a separate notice setting forth the instructions to connect to the conference call. SO ORDERED by Magistrate Judge Daniel J. Stewart on 9/7/2022. (mab)
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| Filing 13 Letter Motion from Robert Abdella for Joeliz Cruz requesting To appear by phone submitted to Judge Daniel J. Stewart . (Abdella, Robert) |
| TEXT NOTICE: The Rule 16 Initial Conference in this matter is set for 9/8/2022 at 11:00 AM before Magistrate Judge Daniel J. Stewart. Counsel are to appear IN PERSON at the James T. Foley US Courthouse, 445 Broadway, 4th Floor, Room 409, Albany, NY on the scheduled date and time. (mab) |
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Filing 12
TEXT ORDER granting #11 Letter Request requesting Adjournment of Rule 16 Conference. The Rule 16 conference is reset for September 8, 2022 at 11:00 a.m. Signed by Magistrate Judge Daniel J. Stewart on 8/5/2022. (gjr)
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| Filing 11 Letter Motion from Robert Abdella for Joeliz Cruz requesting Adjournment of Rule 16 Conference submitted to Judge Daniel J. Stewart . (Abdella, Robert) |
| Filing 10 CIVIL CASE MANAGEMENT PLAN by Target. (Laird, Edward) |
| Filing 9 AFFIDAVIT re #8 Response to Order to Show Cause, #1 Notice of Removal, by Joeliz Cruz. (Abdella, Robert) |
| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE filed by Target. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E, #6 Exhibit(s) Exhibit F, #7 Exhibit(s) Exhibit G)(Laird, Edward) |
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Filing 7
ORDER OF RECUSAL. Senior Judge Gary L. Sharpe recused. Case reassigned to Judge David N. Hurd for all further proceedings. That the case remains assigned to the Honorable Daniel J. Stewart, U.S. Magistrate Judge. Signed by Senior Judge Gary L. Sharpe on 7/18/2022. (jel, )
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Filing 6
TEXT ONLY ORDER - On June 14, 2022, plaintiff Joeliz Cruz commenced an action in New York State Supreme Court in Montgomery County against defendant Target. (Dkt. No. 2.) Target removed the action to this court based on diversity of citizenship pursuant to 28 U.S.C. 1332. (Dkt. No. 1 8.) Target has not met its burden of demonstrating that diversity among the parties exists, and that such diversity is complete. See Herrick Co., Inc. v. SCS Commc'ns, Inc., 251 F.3d 315, 322-23 (2d Cir. 2001). To establish domicile, Target asserts that Cruz resides in New York. (Dkt. No. 1 6.) Residence alone is insufficient to establish domicile for jurisdictional purposes. See Leveraged Leasing Admin. Corp. v. PacifiCorp Capital, Inc., 87 F.3d 44, 47 (2d Cir. 1996). Accordingly, Target has not established the existence of complete diversity. Target is hereby ORDERED to show cause, in writing by 12:00 P.M. on July 21, 2022, why this case should not be remanded to Supreme Court in Montgomery County, for lack of subject matter jurisdiction. A response by Cruz, if any, shall be filed by 12:00 P.M. on July 22, 2022. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 7/15/2022. (jel, )
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| ***Answer due date updated for Target answer due 7/18/2022. (ztc, ) |
| Filing 5 CERTIFICATE OF SERVICE by Target re #4 FRCP 7.1 Corporate Disclosure Statement, and #1 Notice of Removal. (ztc, ) |
| Filing 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Target. (ztc, ) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 8/10/2022 10:30 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 8/3/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (ztc, ) |
| Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff in NYS Supreme Court, Montgomery County. (ztc, ) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court, Montgomery County, case number EF2022-336 (Filing fee $402 receipt number ANYNDC-5963202) filed by Target. (Attachments: #1 Exhibit A- State Court Summons and Complaint, #2 Civil Cover Sheet)(ztc, ) |
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| Plaintiff: Joeliz Cruz | |
| Represented By: | Robert Abdella |
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| Defendant: Target | |
| Represented By: | Antonin I.Z. Robbason |
| Represented By: | Edward D. Laird, Jr. |
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