McMillen v. Home Depot U.S.A., Inc.
| Vincent Lamont McMillen |
| Home Depot U.S.A., Inc. doing business as Home Depot |
| 5:2023cv00610 |
| May 19, 2023 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Brenda K Sannes |
| P.I.: Other |
| 28 U.S.C. ยง 1446 Petition for Removal- Personal Injury |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 14
ORDER granting #9 Notice of Consent. Attorney Meagan Gabriel and Michael Nathan Giacopelli terminated. Signed by Magistrate Judge Miroslav Lovric on 7/13/2023. (jdc )
|
|
Filing 13
ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 8/9/2023. Deadline for completion of Mandatory Mediation is 2/29/2024. Signed by Magistrate Judge Miroslav Lovric on 7/12/2023. (jdc ) (Main Document 13 replaced on 7/12/2023) (jdc, ).
|
|
Filing 12
UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 14. Preferred Trial Location: Albany. Joinder of Parties due by 10/13/2023. Amended Pleadings due by 10/13/2023. Discovery due by 2/29/2024. Plaintiffs Expert Disclosure Deadline is 12/1/2023. Defendants Expert Disclosure Deadline is 1/15/2024. Rebuttal Expert Disclosure Deadline is 1/30/2024. Motions to be filed by 3/29/2024.Signed by Magistrate Judge Miroslav Lovric on 7/12/2023. (jdc ) (Main Document 12 replaced on 7/12/2023) (jdc ).
|
| Filing 11 TEXT ORDER: On or before 7/26/2023, the parties shall file status reports addressing the Diversity Jurisdiction issues raised in the Notice of Removal and as discussed at the Rule 16 initial conference. The Notice of Removal appears to not adequately allege diversity jurisdiction. The Notice of Removal fails to identify the citizenship or domicile of Plaintiff. Although the state court complaint, attached as an exhibit to the Notice of Removal, indicates that Plaintiff is a resident of the state of Maryland, that too is insufficient to allege diversity jurisdiction. An allegation of "an individual party's residence is insufficient to establish their domicile or citizenship." See, 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 also 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). Furthermore, the Notice of Removal suggests that there may be an issue as to whether the Notice of Removal is timely. The parties are directed to address these issues in the status reports. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 7/12/2023.(jdc ) |
| Filing 10 TEXT ORDER: On or before 10/13/2023, the parties shall file status reports regarding the progress of the litigation. A telephone conference is scheduled for 10/20/2023 at 11:00 a.m. The Courtroom Deputy will provide counsel with a Teams invite that contains the call-in information. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 7/12/2023.(jdc ) |
| Minute Entry for proceedings held before Magistrate Judge Miroslav Lovric: an initial conference was held on 7/12/2023. Pretrial deadlines were discussed and set. The Court and parties also addressed Diversity Jurisdiction issues raised in the Notice of Removal. The parties shall file status reports by 7/26/2023 addressing the Diversity Jurisdiction issues. A telephone conference is scheduled for 10/20/2023 at 11:00 a.m. Appearances: S. Bailey, Esq., for the Plaintiff; and C. Varriale-Barker, Esq., for the Defendant. (jdc ) |
| Reset Deadlines: Amended Pleadings due by 10/13/2023. Joinder of Parties due by 10/13/2023. (jdc ) |
| CLERK'S CORRECTION OF DOCKET ENTRY : Clerk inadvertently filed a text order in this case. Clerk has removed entry. (jdc ) |
| CLERK'S CORRECTION OF DOCKET ENTRY : Clerk replaced the Uniform Pretrial Scheduling Order to correct the date for the Amended Pleadings and Joinder of Parties dealing and the Order Referring Case to Mandatory Mediation to reflect Magistrate Judge Miroslav Lovric's signature. (jdc ) |
| Filing 9 NOTICE by Home Depot U.S.A., Inc. Consent to Change Attorney (Gabriel, Meagan) |
| Filing 8 NOTICE OF APPEARANCE by Carla M. Varriale-Barker on behalf of Home Depot U.S.A., Inc. (Varriale-Barker, Carla) |
| NOTICE of Hearing: Initial Conference set for 7/11/2023 at 1:00PM is RESCHEDULED for 7/12/2023 at 1:30PM before Magistrate Judge Miroslav Lovric, via Microsoft Teams Teleconferencing. The Courtroom Deputy will send a teams link to the parties to participate. (jdp) |
| Filing 7 CIVIL CASE MANAGEMENT PLAN by Vincent Lamont McMillen. (Bailey, Shanna) |
| Filing 6 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Home Depot U.S.A., Inc. identifying Corporate Parent The Home Depot, Inc. for Home Depot U.S.A., Inc... (Gabriel, Meagan) |
| Filing 5 NOTICE OF APPEARANCE by Shanna Bailey on behalf of All Plaintiffs (Bailey, Shanna) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 7/11/2023 at 1:00 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 7/5/2023. (Pursuant to Local Rule 26.2, mandatory Disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
| Filing 3 STATE COURT ANSWER to Complaint filed by Home Depot U.S.A., Inc. (jmb) |
| Filing 2 STATE COURT SUMMONS & COMPLAINT: relating to the #1 Notice of Removal, filed by Plaintiff(s) in NYS Supreme Court - County of Onondaga. (jmb) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - County of Onondaga, case number 5769-2022 (Filing fee $402 receipt number ANYNDC-6303293) filed by Home Depot U.S.A., Inc. (Attachments: #1 Exhibit A - State Court Summons & Complaint, #2 Exhibit B - Proof of Service, #3 Exhibit C - State Court Answer, #4 Exhibit D - Response to Supplemental Demand for Damages, #5 Civil Cover Sheet)(jmb) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
