Crandall v. Harbor Freight Tools, Inc.
| Harry Crandall |
| Harbor Freight Tools, Inc. |
| 1:2022cv00828 |
| August 5, 2022 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Gary L Sharpe |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Filing 15 DEMAND for Trial by Jury by Harry Crandall. (Resila, James) |
Filing 14
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 4 days (Jury Trial). Preferred Trial Location: Albany, NY. Joinder of Parties due by 1/31/2023. Amended Pleadings due by 1/31/2023. Discovery due by 9/22/2023. Plaintiffs Expert Disclosure Deadline is 6/23/2023. Defendants Expert Disclosure Deadline is 8/8/2023. Rebuttal Expert Disclosure Deadline is 8/23/2023. Motions to be filed by 12/22/2023. Deadline for completion of Mandatory Mediation is 8/23/2023. Status Report due by 5/5/2023. Signed by Magistrate Judge Christian F. Hummel on 9/22/2022. (tab)
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Filing 13
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 6/23/2023. Deadline for completion of Mandatory Mediation is 8/23/2023. Signed by Magistrate Judge Christian F. Hummel on 9/22/2022. (tab)
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| Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 9/22/2022. Appearances by James A. Resila, Esq. for plaintiff; Nicholas Magali, Esq. for defendant. Pretrial deadlines are established and a Uniform Pretrial Scheduling Order will be issued. (tab) |
| Filing 12 CIVIL CASE MANAGEMENT PLAN by Harbor Freight Tools, Inc.. (Magali, Nicholas) |
| Filing 11 NOTICE of Dial-In Instructions for a Chambers' Teleconference: This case is scheduled for it's Initial Conference on 9/22/2022 @ 10:30 am. The conference will be conducted by telephone and counsel are directed to dial in at 1-888-684-8852, enter Access code 9 7 7 2 7 1 9 #, and use Security code 1 2 3 4 # to join the call. (tab) |
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Filing 10
TEXT ONLY ORDER - On August 16, 2022, the court ordered defendant Harbor Freight Tools, Inc. to show cause why this action should not be remanded to Supreme Court in Washington County for lack of subject matter jurisdiction. (Dkt. No. 7.) Harbor Freight has responded with a stipulation between the parties that plaintiff "Harry Crandall resides and is domiciled in, and is a citizen of, the State of New York." (Dkt. No. 8.) This stipulation assuages the court's concerns, and remand is not appropriate on this basis. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 8/29/2022. (jel, )
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| Filing 9 NOTICE of Appearance by Nicholas L. Magali on behalf of Harbor Freight Tools, Inc. (Magali, Nicholas) |
| Filing 8 Letter Motion from Christopher Carlsen for Harbor Freight Tools, Inc. requesting Case Not Be Remanded To State Court submitted to Judge Honorable Gary L Sharpe . (Carlsen, Christopher) |
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Filing 7
TEXT ONLY ORDER - On March 11, 2022, plaintiff Harry Crandall commenced an action in New York State Supreme Court in Washington County against defendant Harbor Freight Tools, Inc. (Dkt. No. 2.) Harbor Freight removed the action to this court based on diversity of citizenship pursuant to 28 U.S.C. 1332. (Dkt. No. 1 10.) Harbor Freight 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, Harbor Freight asserts that Crandall resides in New York. (Dkt. No. 1 3.) 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, Harbor Freight has not established the existence of complete diversity. Defendant is hereby ORDERED to show cause, in writing, on or before August 18, 2022 why this case should not be remanded to Supreme Court in Washington County, for lack of subject matter jurisdiction. Crandall may respond by August 19, 2022. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 8/16/2022. (jel, )
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| Filing 6 CERTIFICATE OF SERVICE by Harbor Freight Tools, Inc. (Carlsen, Christopher) |
| Filing 5 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 9/22/2022 10:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/15/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (mgh){Emailed a courtesy copy to Attorney Magali} |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Harbor Freight Tools, Inc.; Attorney Nicholas Magali, Esq, Email address is Nicholas.Magali@clydeco.us. Phone number is 212-710-3900. Admissions due by 8/22/2022. {Notice of Admission Requirement sent via E-mail}(mgh) |
| Filing 3 ANSWER to Complaint by Harbor Freight Tools, Inc.(mgh) |
| Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff in Washington County Supreme Court. (mgh) |
| Filing 1 NOTICE OF REMOVAL from Washington County Supreme Court, case number EC2022-33787 (Filing fee $402 receipt number ANYNDC-5992393) filed by Harbor Freight Tools, Inc. (Attachments: #1 Exhibit(s) A- State Court Summons & Complaint, #2 Civil Cover Sheet)(mgh) |
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| Plaintiff: Harry Crandall | |
| Represented By: | James A. Resila |
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| Defendant: Harbor Freight Tools, Inc. | |
| Represented By: | Christopher Carlsen |
| Represented By: | Nicholas L. Magali |
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