Pisano v. Cracker Barrel Old Country Store, Inc.
| Valerie Pisano |
| Cracker Barrel Old Country Store, Inc. |
| 1:2023cv00414 |
| April 4, 2023 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Gary L Sharpe |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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| Filing 10 RETURN RECEIPT received from the New York State Supreme Court, Saratoga County re: service of a certified copy of the 8 Text Order remanding action. (see) |
| Filing 9 Letter from John Law, CRD, to Saratoga County Supreme Court. (jel, ) |
Filing 8
TEXT ONLY ORDER - Defendant Cracker Barrel Old Country Store, Inc. removed this action from Supreme Court in Saratoga County to this court on the basis of diversity. (Dkt. No. 1.) On April 12, 2023, the court directed Cracker Barrel to show cause why the matter should not be remanded. (Dkt. No. 5.) Cracker Barrel responded, asserting that Cracker Barrel is incorporated in Tennessee and maintains its principal place of business in Tennessee and that Pisano is a resident of New York. (Dkt. No. 7 2-3.) Cracker Barrel's response assuages the courts concern with respect to its own citizenship, however, it has not met its burden with respect to Pisano's citizenship. In its response, Cracker relies on Pisano's residence, and the fact that Pisano has not disputed her domicile, to establish that Pisano is a citizen of New York. (Id. 2,5.) As the court explained in its April 12 Text Only Order, residence alone is insufficient to establish domicile and it is Cracker Barrels burden to establish that complete diversity exists. (Dkt. No. 5.) Accordingly, it is ORDERED that this action is REMANDED to the New York Supreme Court in Saratoga County for all further proceedings; and it is further ordered that the Clerk is directed to mail a certified copy of this Text Only Order to the Clerk of the Supreme Court of the State of New York in Saratoga County and instruct him to file the Text Only Order in Pisano v. Cracker Barrel Old Country Store, Inc., Index No. EF2023488; and it is further ORDERED that the Clerk close this case. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 5/3/2023. (jel, )
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| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE filed by Cracker Barrel Old Country Store, Inc.. (Attachments: #1 Affirmation)(Lazar, Scott) |
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Filing 6
TEXT ORDER : In light of District Judge Sharpe's Text Order (Dkt. No. 5 ), the 5/8/2023 telephone Initial Conference and associated deadlines are adjourned without new date at this time. The conference will be rescheduled in the future as necessary once the issues raised in Dkt. No. 5 are resolved by the District Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/14/2023. (sg)
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Filing 5
TEXT ONLY ORDER - On February 20, 2023, plaintiff Valerie Pisano commenced an action in New York Supreme Court in Saratoga County against Cracker Barrel Old Country Store, Inc. (Dkt. No. 2.) Cracker Barrel removed the action to this court based on diversity of citizenship. (Dkt. No. 1.) Cracker Barrel 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). First, Cracker Barrel asserts that Pisano resides in New York to establish her domicile. 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). Second, Cracker Barrel has not adequately described its domicile. For purposes of establishing diversity, a corporation has the citizenship of each of its state of incorporation and its principal place of business. See Sonera Holding B.V. v. Cukurova Holding A.S., 750 F.3d 221, 225 (2d Cir. 2014). While Cracker Barrel asserts that its principal place of business is in Tennessee, there is no assertion as to Cracker Barrel's state of incorporation. Accordingly, Cracker Barrel has not established the existence of complete diversity. Cracker Barrel is hereby ordered to show cause, in writing by 12:00 P.M. on April 19, 2023, why this case should not be remanded to the Supreme Court of New York in Saratoga County, for lack of subject matter jurisdiction. A response by Pisano, if any, shall be filed by 12:00 P.M. on April 26, 2023. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 4/12/2023. (jel, )
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| Filing 4 ANSWER to Complaint by Cracker Barrel Old Country Store, Inc..(Lazar, Scott) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/8/2023 at 10:30 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/1/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see) |
| Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff(s) in New York State Supreme Court, Saratoga County. (see) |
| Filing 1 NOTICE OF REMOVAL from New York State Supreme Court, Saratoga County, case number EF2023488 (Filing fee $402 receipt number ANYNDC-6250918) filed by Cracker Barrel Old Country Store, Inc. (Attachments: #1 Notice of Filing of Notice of Removal, #2 Civil Cover Sheet)(see) |
| ***Answer due date updated for Cracker Barrel Old Country Store, Inc. answer due 4/11/2023. (see) |
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| Plaintiff: Valerie Pisano | |
| Represented By: | Frank M. Putorti, Jr. |
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| Defendant: Cracker Barrel Old Country Store, Inc. | |
| Represented By: | Scott A. Lazar |
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