Kearns v. Wallin et al
| Timothy Kearns |
| Theodore O. Wallin and Syracuse University |
| 5:2023cv01500 |
| November 29, 2023 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| David N Hurd |
| Miroslav Lovric |
| Glenn T Suddaby |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 26, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 STATUS REPORT by Syracuse University. (Attachments: #1 Exhibit(s) Ex. A - Township of Medford Block, Lot, and Ownership Information, #2 Exhibit(s) Ex. B - 2023 Final/2024 Preliminary Tax Bill, #3 Exhibit(s) Ex. C - Bills for water and sewer services, #4 Exhibit(s) Ex. D - Voter Information, #5 Exhibit(s) Ex. E - Wallin DMV Record, #6 Exhibit(s) Ex. F - Wallin SU Contact Information)(Larkin, Matthew) |
| Filing 24 STATUS REPORT regarding diversity and response to letter motion regarding stay by Theodore O. Wallin. (Wright, James) |
| Filing 23 NOTICE OF APPEARANCE by James P. Wright, Jr on behalf of Theodore O. Wallin (Wright, James) |
| Filing 22 TEXT ORDER: Letter Motion #20 is GRANTED insofar as and to the extent that the deadlines for Defendants to respond to the complaint are STAYED without date. The Rule 16 Initial Conference continues to be STAYED. Text Order 17 remains in effect. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 1/23/2024. (jdc ) |
| Filing 21 REPLY to Response to Motion re #20 Letter Motion from Matthew J. Larkin, Esq. for Syracuse University requesting To strike the January 31, 2024, Answer deadline as SUs motion to temporarily stay all proceedings is pending before this Court. submitted to Judge Miroslav Lovric, #16 Letter Motion from Matthew J. Larkin, Esq. for Syracuse University requesting An Order temporarily staying all proceedings submitted to Judge Miroslav Lovric filed by Timothy Kearns. (Karic, Amina) |
| Filing 20 Letter Motion from Matthew J. Larkin, Esq. for Syracuse University requesting To strike the January 31, 2024, Answer deadline as SUs motion to temporarily stay all proceedings is pending before this Court. submitted to Judge Miroslav Lovric . (Larkin, Matthew) |
| Filing 19 AFFIDAVIT of Service for Summons and Complaint served on Syracuse University on January 10, 2024, filed by Timothy Kearns. (Karic, Amina) |
| Filing 18 AFFIDAVIT of Service for Summons and Complaint served on Theodore O. Wallin on January 10, 2024, filed by Timothy Kearns. (Karic, Amina) |
| ***Reset answer due date for Syracuse University - answer due 1/31/2024; and Theodore O. Wallin - answer due 1/31/2024. (kck) |
| Filing 17 TEXT ORDER: No later than 1/26/24: (1) Plaintiff shall file affidavits of service on the docket demonstrating that service of summons and complaint has been properly completed on Defendants pursuant to F.R.C.P. Rule 4 [a review of the docket indicates that no such affidavits of service have been filed.]; (2) Plaintiff and Defendants shall file detailed status reports addressing whether complete diversity jurisdiction exists in this case [the Notice of Removal does not appear to adequately allege complete diversity jurisdiction because although it alleges that Plaintiff is a resident of the state of New Jersey and that Defendant Theodore O. Wallin is a resident of the state of New York, it fails to allege their state of citizenship or domicile. 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." See, 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).]; and (3) Plaintiff and Defendant Theodore O. Wallin shall file a Response to Letter Motion #16 , not exceeding 5 pages. An on the record Hearing is scheduled for 2/6/2024 at 12:00 p.m., via Teams teleconference. The Courtroom Deputy will provide all counsel of record a Teams link to join the Hearing. The Rule 16 Initial Conference continues to be STAYED. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 1/16/2024. (jdc) |
| Filing 16 Letter Motion from Matthew J. Larkin, Esq. for Syracuse University requesting An Order temporarily staying all proceedings submitted to Judge Miroslav Lovric . (Attachments: #1 Exhibit(s) A - Liquidation Order, #2 Exhibit(s) B - Notice of Liquidation, #3 Exhibit(s) C - Insurance Policy, #4 Exhibit(s) D - Company Profile, #5 Exhibit(s) E - Email)(Larkin, Matthew) |
Filing 15
TEXT ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Miroslav Lovric for all further proceedings. US Magistrate Judge Andrew T. Baxter no longer assigned to case. Authorized by Chief Judge Brenda K. Sannes on 1/3/2024. (kck) Modified on 1/3/2024 - to add document number to entry (kck).
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| CLERK'S CORRECTION OF DOCKET ENTRY regarding 15 Order Reassigning Case to correctly assign docket entry number that was missed during filing. (kck) |
| Filing 14 TEXT ORDER: The Rule 16 conference set for 1/2/2024 and the 12/26/2023 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED. The hearing and related deadlines will be reset, if deemed necessary. SO ORDERED by U.S. Magistrate Judge Andrew T. Baxter on 12/28/2023. (kmc) |
| Filing 13 TEXT ORDER re: #12 defendant Syracuse University's Letter Motion. Defendant is granted leave to file a letter motion to stay proceedings, not exceeding 5 pages, by 1/12/2024. Plaintiff shall respond by letter brief, not exceeding 5 pages, by 1/26/24. SO ORDERED by U.S. Magistrate Judge Andrew T. Baxter on 12/21/2023. (kmc) |
| Filing 12 Letter Motion from Matthew J. Larkin, Esq. for Syracuse University requesting The Court set a briefing schedule and page limits to Syracuse University's letter Motion to Stay submitted to Judge Andrew T. Baxter . (Larkin, Matthew) |
| Filing 11 TEXT ORDER: Counsel are directed to file a status report by 12/18/2023, consistent with the accompanying TEXT Minute Entry. Syracuse University's answer deadline remains stayed. SO ORDERED by U.S. Magistrate Judge Andrew T. Baxter on 12/8/2023.(kmc) |
| TEXT Minute Entry for a telephonic conference held on 12/8/2023 before U.S. Magistrate Judge Andrew T. Baxter re #9 defendant's letter motion: The court discussed with the parties whether the Liquidation and Injunction Order from the Chancery Court of Delaware with respect to defendant Syracuse University's insurer warrants a stay of proceedings in this action. The parties should confer with each other and file a status report by 12/18/2023, reporting on a proposed letter briefing schedule (and page limits) if the issues have not been resolved through a meet and confer among counsel. Syracuse University's answer deadline remains stayed pending resolution of the impact of the Liquidation and Injunction Order on this action. Appearances: Amina Karic, Esq. for plaintiff; Matthew Larkin, Esq. for defendant. (Digitally Recorded. Time: 10:00 AM - 10:10 AM.) (kmc) |
| TEXT NOTICE of Hearing: A telephonic conference is set for 12/8/2023 at 10:00 AM before US Magistrate Judge Andrew T. Baxter. The parties are directed to dial 315-691-0477 and enter ID code 473 813 471# to connect to the conference. (kmc) |
| Filing 10 TEXT ORDER: Granting #9 Letter Request. The answer deadline for Syracuse University is STAYED. The court will be scheduling a telephone conference with the parties in due course. SO ORDERED by U.S. Magistrate Judge Andrew T. Baxter on 12/6/2023. (kmc) |
| Filing 9 Letter Motion from Matthew Larkin for Syracuse University requesting Stay of proceedings and correction of Answer deadline submitted to Judge Baxter . (Larkin, Matthew) |
| Filing 8 TEXT ORDER OF RECUSAL. The undersigned hereby RECUSES himself from this action. Having reviewed this matter more closely, it has come to my attention that I may have a conflict of interest, and therefore I recuse myself from this case. WHEREFORE, it is hereby ORDERED that the Clerk enter this Text Order of Recusal for the undersigned; and it is further ORDERED that the Clerk shall randomly reassign this case to another United States District Judge. (U.S. District Judge Glenn T. Suddaby recused. Case reassigned to District Judge David N. Hurd for all further proceedings. Magistrate Judge Andrew T. Baxter remains the assigned magistrate judge in this action). SO ORDERED by U.S. District Judge Glenn T Suddaby on 12/4/2023. (sal ) |
| Filing 7 CERTIFICATE OF SERVICE by Timothy Kearns of Jury Demand (Karic, Amina) |
| Filing 6 DEMAND for Trial by Jury by Timothy Kearns. (Karic, Amina) |
| Filing 5 CERTIFICATE OF SERVICE by Syracuse University re #4 G.O. 25 Filing Order, #1 Notice of Removal, (Larkin, Matthew) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 1/2/2024 at 10:30 AM before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 12/26/2023. (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 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT: filed by Syracuse University. No Parent Corporation exists. (jmb) |
| Filing 2 STATE COURT COMPLAINT: relating to #1 Notice of Removal, filed by Plaintiff in NYS Supreme Court - County of Onondaga. (jmb) |
| Filing 1 NOTICE OF REMOVAL: from NYS Supreme Court - County of Onondaga, case number 13021/2023 (Filing fee $402 receipt number ANYNDC-6528173) filed by Syracuse University. (Attachments: #1 Exhibit A - State Court Summons & Complaint, #2 Civil Cover Sheet) (jmb) |
| ***Answer deadline set for Syracuse University and Theodore O. Wallin to 12/6/2023. (jmb) |
| TEXT NOTICE OF FILING DEFICIENCY: regarding the #1 Notice of Removal, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has checked off Jury Demand on the Civil Cover Sheet, but the Jury Demand is not noted in either Pleading (Complaint or Notice of Removal), pursuant to Fed.R.Civ.P 38. Failure to file a Demand for Jury Trial pursuant to Fed.R.Civ.P. Rule 38 constitutes a waiver of a jury trial. Notice of Filing Deficiency Deadline 12/5/2023. (jmb) |
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