Farruggio v. Kraft Heinz Foods Company et al
| Stephen Farruggio |
| Kraft Heinz Foods Company, John Does 1-10, Jane Does 1-10 and The Doe Legal Entity 1-10 |
| 6:2022cv00429 |
| May 3, 2022 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Gary L Sharpe |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 22, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 CERTIFICATE OF SERVICE by Kraft Heinz Foods Company (Bernstein, Jonathan) |
| Filing 16 Amended ANSWER to Complaint by Kraft Heinz Foods Company.(Bernstein, Jonathan) |
| Filing 15 ANSWER to #13 Amended Complaint by Kraft Heinz Foods Company.(Bernstein, Jonathan) |
| ***Answer due date updated for Kraft Heinz Foods Company. Answer due 06/28/2022. (mgh) |
Filing 14
Text Only Order - On June 14, 2022, plaintiff filed an amended complaint along with a summons and civil cover sheet. (Dkt. No. 13.) General Order 22, 5.2 provides, "[s]ervice is complete provided all parties receive a Notice of Electronic Filing [NEF], which is sent automatically by email from the Court.... Transmission of the NEF constitutes service upon all Filing and Receiving Users who are listed as recipients of notice of electronic mail." Therefore, the summons will not be reissued. Defendant shall respond to the complaint in the time permitted by the Rules. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 6/15/2022. (jel, )
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| Filing 13 AMENDED COMPLAINT (Farruggio vs. Kraft Heinz) (Lewis) against All Defendants filed by Stephen Farruggio. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(DeWeil, Dawn) |
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Filing 12
TEXT ONLY ORDER - In light of the submissions, (Dkt. Nos. 8, 9, 10, 11), filed in response to the court's May 23, 2022 Text-Only Order, which ordered plaintiffs to show cause why this matter should not be dismissed for lack of subject-matter jurisdiction, (Dkt. No. 4), the court is satisfied that there is a basis for jurisdiction at this juncture and the matter will not be dismissed for the reason identified in the Text-Only Order. While the parties disagree as to which states defendant is a citizen, they agree that complete diversity exists. (Dkt. Nos. 8, 11.) In response to the Text-Only Order, plaintiffs seek to amend the complaint to properly allege diversity. (Dkt. No. 8.) Although plaintiffs may not amend as a right at this juncture, see Fed. R. Civ.P. 15(a)(1), and their motion does not comply with the Local Rules of Practice, see N.D.N.Y. L.R. 15.1(a), their motion to amend is nonetheless GRANTED and plaintiffs shall file an amended complaint within seven (7) days of this Text-Only Order. Also in connection with the Text-Only Order defendant "request[ed] that the time to answer be suspended until the issue over diversity and plaintiff amending the complaint is resolved," (Dkt. No. 11), in light of this Text-Only Order defendant will answer the amended complaint within the time allotted by the Rules. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 6/13/2022. (jel, )
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| Filing 11 LETTER BRIEF in Response to Plaintiff's June 3, 2022 letter to the Court by Kraft Heinz Foods Company. (Attachments: #1 Exhibit(s) A - Organizational Chart)(Bernstein, Jonathan) |
| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE filed by Stephen Farruggio. (Attachments: #1 Exhibit(s) Exhibit A - table of contents, #2 Exhibit(s) Exhibit B - list of subsidiaries, #3 Exhibit(s) Exhibit C - 7.1 disclosure)(DeWeil, Dawn) |
| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE filed by Kraft Heinz Foods Company. (Bernstein, Jonathan) |
| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE filed by Stephen Farruggio. (Attachments: #1 Exhibit(s), #2 Exhibit(s))(DeWeil, Dawn) |
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Filing 7
TEXT ORDER granting the #6 Letter from Jonathan M. Bernstein, Esq. for Kraft Heinz Foods Company requesting two week extension to Answer the Complaint. Authorized by Magistrate Judge Miroslav Lovric on 5/24/2022. (amt)
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| Filing 6 Letter Motion from Jonathan M. Bernstein, Esq. for Kraft Heinz Foods Company requesting two week extension to Answer the Complaint submitted to Judge Magistrate Lovric . (Bernstein, Jonathan) |
| Filing 5 NOTICE of Appearance by Jonathan M. Bernstein on behalf of Kraft Heinz Foods Company (Bernstein, Jonathan) |
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Filing 4
TEXT ONLY ORDER - On May 3, 2022, plaintiff brought this matter alleging state law claims pursuant to 28 U.S.C. 1332. (Dkt. No. 1.) In the complaint, plaintiff alleges that he is a resident of the State of New Jersey. (Id. 2.) Additionally, plaintiff alleges that "[d]efendant Kraft Heinz Foods Company is a Delaware Corporation and at all times relevant to this action owned, operated, managed[,] or otherwise controlled the Kraft Heinz facility located at 7388 Utica Blvd, Lowville, New York 13367," but does not contend that this location is Heinz's principal place of business, nor does plaintiff set forth the location of Heinz's principal place of business elsewhere in the complaint. (Id. 3.) The complaint therefore does not adequately allege complete diversity pursuant to 28 U.S.C. 1332. See Caren v. Collins, 689 F. App'x 75, 75 (2d Cir. 2017) ("Although the individual plaintiff... [is] alleged to be [a] resident[] of [a] certain State[], such an allegation is insufficient to plead citizenship [for the purpose of diversity jurisdiction], which depends on an individuals domicile" (citations omitted)); see also Brauner v. British Airways PLC, No. 12-CV-343, 2012 WL 1229507, at *3 (E.D.N.Y. Apr. 12, 2012) ("For purposes of diversity jurisdiction, a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business.... [I]f either the corporation's place of incorporation or principal place of business destroys diversity, then the court[] will not have diversity jurisdiction." (internal quotation marks and citations omitted)). Accordingly, plaintiff is hereby ordered to show cause why this matter should not be dismissed for lack of complete diversity, pursuant to 28 U.S.C. 1332. See Fed. R. Civ. P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action."). Plaintiff's submission in response to this Text-Only Order shall be filed on or before May 31, 2022. Defendants may respond on or before June 7, 2022. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 5/23/2022. (jel, )
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| TEXT NOTICE: Although the plaintiff herein has named John Doe/Jane Doe defendant(s) in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe/Jane Doe defendant(s) at this time. In the event plaintiff wishes to pursue the claims against this defendant, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe/Jane Doe defendant(s), plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (mgh) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 8/3/2022 11:00 AM 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 7/27/2022. All conferences will be conducted by way of telephone conference. The parties are directed to call (877) 402-9753 and enter access code 9983518. (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) |
| Filing 2 Summons Issued as to Kraft Heinz Foods Company. (mgh) |
| Filing 1 COMPLAINT against Jane Does 1-10, John Does 1-10, Kraft Heinz Foods Company, The Doe Legal Entity 1-10 (Filing fee $402 receipt number ANYNDC-5890850) filed by Stephen Farruggio. (Attachments: #1 Civil Cover Sheet)(mgh) |
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