Graves v. Home Depot U.S.A., Inc.

Graves v. Home Depot U.S.A., Inc.

Plaintiff:	Malika Graves
Defendant:	Home Depot U.S.A., Inc.
Case Number:	1:2012cv03816
Filed:	May 14, 2012
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Barbara S. Jones
Nature of Suit:	Other Personal Injury
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	None

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Date Filed	Document Text
June 10, 2013	Filing 18 MEMORANDUM AND ORDER for 16 Report and Recommendations. Plaintiff Malika Graves brought this personal injury action in the Supreme Court of the State of New York, Bronx County. Defendant Home Depot U.S.A., Inc. (Home Depot) removed the case to this Court. (Dkt. No. 1.) During discovery, Home Depot disclosed to Plaintiff that the area where Plaintiff claimed to have fallen was owned and operated by Kurt Weiss Florist, Inc. (Kurt Weiss), a New York domiciliary whose joinder would destroy diversi ty jurisdiction under 28 U.S.C. 1332. Plaintiff moved to amend her complaint in order to join Kurt Weiss. Magistrate Judge Deborah Freeman, to whom this matter is referred, granted the motion to amend the complaint. (Dkt. No. 15.) Based on that opini on, Magistrate Judge Freeman issued a Report and Recommendation (the Report) that recommended this Court remand the case to the Supreme Court of the State of New York, Bronx County. (Dkt. No. 16.) For the reasons set forth below, the Court adopts Mag istrate Judge Freemans Report in its entirety. The Court adopts Magistrate Judge Freemans Report, and REMANDS the case to the Supreme Court of the State of New York, Bronx County. Plaintiffs request for costs is DENIED. SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/10/2013) (rsh)

Date Filed

Document Text

June 10, 2013

Filing 18 MEMORANDUM AND ORDER for 16 Report and Recommendations. Plaintiff Malika Graves brought this personal injury action in the Supreme Court of the State of New York, Bronx County. Defendant Home Depot U.S.A., Inc. (Home Depot) removed the case to this Court. (Dkt. No. 1.) During discovery, Home Depot disclosed to Plaintiff that the area where Plaintiff claimed to have fallen was owned and operated by Kurt Weiss Florist, Inc. (Kurt Weiss), a New York domiciliary whose joinder would destroy diversi ty jurisdiction under 28 U.S.C. 1332. Plaintiff moved to amend her complaint in order to join Kurt Weiss. Magistrate Judge Deborah Freeman, to whom this matter is referred, granted the motion to amend the complaint. (Dkt. No. 15.) Based on that opini on, Magistrate Judge Freeman issued a Report and Recommendation (the Report) that recommended this Court remand the case to the Supreme Court of the State of New York, Bronx County. (Dkt. No. 16.) For the reasons set forth below, the Court adopts Mag istrate Judge Freemans Report in its entirety. The Court adopts Magistrate Judge Freemans Report, and REMANDS the case to the Supreme Court of the State of New York, Bronx County. Plaintiffs request for costs is DENIED. SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/10/2013) (rsh)

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Plaintiff: Malika Graves
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Defendant: Home Depot U.S.A., Inc.
Represented By:	Arturo Martin Boutin
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