Aigeltinger v. Target Corporation
| Mary Aigeltinger |
| Target Corporation |
| 5:2021cv00745 |
| July 1, 2021 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Miroslav Lovric |
| P.I.: Other |
| 28 U.S.C. § 1446 Breach of Contract- Insurance |
| Defendant |
Docket Report
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This docket was last retrieved on November 15, 2022. A more recent docket listing may be available from PACER.
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Filing 18
AMENDED COMPLAINT Second Amended Notice of Removal against Mary Aigeltinger filed by Target Corporation. (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s))(McCarthy, Anastasia) (Attachment 4 replaced on 8/23/2021) (khr, ).
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Filing 17
TEXT ORDER: In light of Status Report #16 , Defendant may, on or before 8/26/2021, file an amended notice of removal to address the diversity issue. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/19/2021. (jdp)
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Filing 16
STATUS REPORT by Target Corporation. (Briandi, Jody)
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Filing 15
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 9/1/2021. Deadline for completion of Mandatory Mediation is 2/28/2022. Signed by Magistrate Judge Miroslav Lovric on 8/4/2021. (jdp )
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Filing 14
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5. Preferred Trial Location: Syracuse. Joinder of Parties due by 11/8/2021. Amended Pleadings due by 11/8/2021. Discovery due by 8/30/2022. Plaintiffs Expert Disclosure Deadline is 6/1/2022. Defendants Expert Disclosure Deadline is 7/18/2022. Rebuttal Expert Disclosure Deadline is 8/1/2022. Motions to be filed by 10/28/2022. Signed by Magistrate Judge Miroslav Lovric on 8/4/2021. (jdp ) (Main Document 14 replaced on 8/5/2021) (jdp, ).
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Filing 13
TEXT ORDER: The parties are directed to file status reports by 8/18/2021 addressing the diversity issue as discussed at the Rule 16 initial conference. The Amended Notice of Removal #8 does not appear to adequately allege complete diversity because although it alleges that Plaintiff is a resident of the State of New York, it fails to identify her citizenship or domicile. An allegation of "an individual party's residence is insufficient to establish their domicile or citizenship." IndyMac Venture, LLC v. Mulligan, 15-CV-7057, 2019 WL 4648419, at *3 (E.D.N.Y. Aug. 30, 2019) (citing White v. Abney, 17-CV-4286, 2019 WL 1298452, at *3 (E.D.N.Y. Mar. 21, 2019)); see Caren v. Collines, 689 F. App'x 75, 75 (2d Cir. 2017) ("Although the individual plaintiff and individual defendants are alleged to be residents of certain States, such an allegation is insufficient to plead citizenship"). Notably, "one may have more than one residence in different parts of this country or world, but a person may have only one domicile." Reich v. Lopez, 858 F.3d 55, 63 (2d Cir. 2017). "). "Where there is evidence indicating that a party has more than one residence, or the residence is unclear, the Court should look to the party's intent." Chen v. Sun, 13-CV-0280, 2016 WL 270869, at *2 (S.D.N.Y. Jan. 21, 2016) (citing Nat'l Artists Mgmt. Co. v. Weaving, 769 F. Supp. 1224, 1227 (S.D.N.Y. 1991)). In determining a party's intent, courts consider many factors including: current residence; voting registration; driver's license and automobile registration; location of brokerage and bank accounts; membership in fraternal organizations, churches, and other associations; places of employment or business; payment of taxes; whether a person owns or rents his place of residence; the nature of the residence (i.e., how permanent the living arrangement appears); and the location of a person's physician, lawyer, accountant, dentist, stockbroker, etc. Kennedy v. Trs. of Testamentary Tr. of Will of Kennedy, 633 F. Supp. 2d 77, 81 (S.D.N.Y. 2009). SO ORDERED by Magistrate Judge Miroslav Lovric on 8/4/2021. (jdp )
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Filing 12
TEXT ORDER: On or before 10/18/2021, the parties shall file status reports regarding the progress of the litigation. A telephone conference is scheduled for 11/5/2021 at 10:00 a.m. SO ORDERED by Magistrate Judge Miroslav Lovric on 8/4/2021.(jdp )
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Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an initial conference was held on 8/4/2021. Pretrial deadlines were discussed and set. A telephone conference is scheduled for 11/5/2021 at 10:00 a.m. Appearances S. Millier, Esq. for Plaintiff; A. McCarthy, Esq. for Defendant. (jdp )
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Filing 11
NOTICE of Appearance by Anastasia M. McCarthy on behalf of Target Corporation (McCarthy, Anastasia)
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Filing 10
CIVIL CASE MANAGEMENT PLAN by Mary Aigeltinger. (Caggiano, Jennifer)
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Filing 9
NOTICE of Appearance by Samantha L. Millier on behalf of Mary Aigeltinger (Millier, Samantha)
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Filing 8
NOTICE by Target Corporation Amended Notice of Removal (Briandi, Jody)
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Filing 7
CERTIFICATE OF SERVICE by Target Corporation re #1 Notice of Removal, with Index and other exhibits and Notice of Filing of Notice of Removal (Briandi, Jody)
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Filing 6
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Target Corporation. (Briandi, Jody)
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Filing 5
DEMAND for Trial by Jury by Target Corporation. (Briandi, Jody)
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Filing 4
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 8/4/2021 02:30 PM before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/28/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (gmd)
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Filing 3
ANSWER to Complaint (Notice of Removal) filed in Onondaga County Supreme Court by Target Corporation. (gmd)
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Filing 2
STATE COURT COMPLAINT filed by Mary Aigeltinger against Target Corporation in Onondaga County Supreme Court. (gmd)
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Filing 1
NOTICE OF REMOVAL from Onondaga County Supreme Court, case number 008463/2020 (Filing fee $402 receipt number ANYNDC-5571233) filed by Target Corporation. (Attachments: #1 ExhibitA_Index of Court Pleadings, #2 ExhibitB_Summons and Complaint, #3 ExhibitC_Defendants Answer, #4 ExhibitD_Defendants Demand for Specific Relief, #5 ExhibitE_Plaintiffs Response to Defendants Demand, #6 Civil Cover Sheet)(gmd) Modified on 7/1/2021 Corrected filing date(gmd).
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| Plaintiff: Mary Aigeltinger | |
| Represented By: | Jennifer D. Caggiano |
| Represented By: | Samantha L. Millier |
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| Defendant: Target Corporation | |
| Represented By: | Jody E. Briandi |
| Represented By: | Anastasia M. McCarthy |
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