Martin v. The Home Depot et al
| Richard Martin |
| Home Depot Store Support, LLC, General Electric Company, Home Depot U.S.A., Inc, General Electric Appliances Inc, The Home Depot Inc. and The Home Depot |
| 7:2019cv03655 |
| April 24, 2019 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Vincent L Briccetti |
| William H Pauley |
| P.I.: Other |
| 28 U.S.C. § 1332 ct |
| Both |
Docket Report
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This docket was last retrieved on July 10, 2019. A more recent docket listing may be available from PACER.
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| Filing 37 CLERK'S JUDGMENT re: #36 Memorandum & Opinion in favor of General Electric Appliances Inc, General Electric Company, Home Depot Store Support, LLC, Home Depot U.S.A., Inc, The Home Depot, The Home Depot Inc. against Richard Martin. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated July 10, 2019, defendants' motion to dismiss is GRANTED, and the case is DISMISSED WITHOUT PREJUDICE; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/10/2019) (Attachments: #1 Right to Appeal)(km) |
Filing 36
MEMORANDUM OPINION AND ORDER re: #33 MOTION to Dismiss Pursuant to Rule 12(b)(1) [Re-File] filed by General Electric Company. The motion to dismiss is GRANTED, and the case is DISMISSED WITHOUT PREJUDICE. The Clerk is instructed to terminate the motion (Doc. #33) and close this case. The July 29, 2019, conference is cancelled. (Signed by Judge Vincent L. Briccetti on 7/10/2019) (mro) Transmission to Orders and Judgments Clerk for processing.
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| Filing 35 DECLARATION of Steven Saal in Support re: #28 MOTION to Dismiss Pursuant to Rule 12(b)(1)., #33 MOTION to Dismiss Pursuant to Rule 12(b)(1) [Re-File].. Document filed by General Electric Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Saal, Steven) |
| Filing 34 MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss Pursuant to Rule 12(b)(1)., #33 MOTION to Dismiss Pursuant to Rule 12(b)(1) [Re-File]. . Document filed by General Electric Company. (Saal, Steven) |
| Filing 33 MOTION to Dismiss Pursuant to Rule 12(b)(1) [Re-File]. Document filed by General Electric Company. Responses due by 6/27/2019 Return Date set for 7/12/2019 at 09:30 AM.(Saal, Steven) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Steven Bradley Saal to RE-FILE Document #28 MOTION to Dismiss Pursuant to Rule 12(b)(1). ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| Filing 32 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by General Electric Company.(Saal, Steven) |
| Filing 31 NOTICE OF INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 7/29/2019 at 10:00a.m., at the United States Courthouse, 300 Quarropas Street, Courtroom 620, White Plains, NY 10601. Initial Conference set for 7/29/2019 at 10:00 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (mml) |
| Filing 30 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Home Depot Store Support, LLC, Home Depot U.S.A., Inc, The Home Depot, The Home Depot Inc..(Kelly, Meagan) |
| Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Home Depot, Inc. for Home Depot U.S.A., Inc. Document filed by Home Depot U.S.A., Inc.(Kelly, Meagan) |
| Filing 28 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Pursuant to Rule 12(b)(1). Document filed by General Electric Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Saal, Steven) Modified on 6/25/2019 (ldi). |
| Filing 27 NOTICE OF APPEARANCE by Meagan M Kelly on behalf of Home Depot Store Support, LLC, Home Depot U.S.A., Inc, The Home Depot, The Home Depot Inc.. (Kelly, Meagan) |
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Filing 26
ORDER granting #25 Letter Motion for Extension of Time to Answer: The Home Depot defendants fail to comply with the Court's Individual Practices Paragraph 1.G. Among other things, defendants do not state the original due date of their repsonse to the complaint, the new date they seek through an extension, the number of previous requests for extensions, or whether plaintiff consents to the request. In addition, the Home Depot defendants' response to the complaint was due 5/31/2019, and they do not explain their failure to seek an extension of their time to respond before their deadline to do so expired. Nevertheless, in the interest of efficiency, the Court grants defendants' request. The Home Depot defendants' time to answer, move, or otherwise respond to the complaint is extended to 6/24/2019. Absent compelling circumstances, no further extensions of time will be granted. Moreover, the Court will deny future requests for extensions of time should they fail to comply with the Court's Individual Practices or be submitted after the expiration of the deadline sought to be extended. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mpe)
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| Filing 25 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint, Letter to Judge Briccetti requesting an extension to file an Answer on behalf of the Home Depot entities addressed to Judge Vincent L. Briccetti from Michael N. Giacopelli dated June 10, 2019. Document filed by Home Depot Store Support, LLC, Home Depot U.S.A., Inc, The Home Depot, The Home Depot Inc..(Giacopelli, Michael) |
| Filing 24 NOTICE OF APPEARANCE by Steven Bradley Saal on behalf of General Electric Company. (Saal, Steven) |
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Filing 23
MEMO ENDORSEMENT on re: #22 Letter filed by Richard Martin. ENDORSEMENT: Denied. See Doc. #21. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 6/3/2019) (mml)
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| Filing 22 FIRST LETTER addressed to Judge Vincent L. Briccetti from Julie S. Raphael, Esq. dated June 3, 2019 re: Opposing D's request for leave to address our letter on Jurisdiction. Document filed by Richard Martin.(Raphael, Julie) |
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Filing 21
ORDER granting #20 Letter Motion for Extension of Time to Answer: Defendant General Electric Company's time to answer, move, or otherwise respond to the complaint is extended to 6/14/2019. If defendant wishes to contest subject-matter jurisdiction or venue, defendant may do so by its 6/14/2019 deadline. The Court does not require a separate response to plaintiff's 5/6/2019 letter. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (del)
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| Filing 20 LETTER MOTION for Extension of Time to File Answer and to Brief Jurisdictional Issues addressed to Judge Vincent L. Briccetti from Harold Moroknek dated 5/31/19. Document filed by General Electric Company.(Moroknek, Harold) |
| Filing 19 NOTICE OF APPEARANCE by Harold L. Moroknek on behalf of General Electric Company. (Moroknek, Harold) |
| Filing 18 FIRST LETTER addressed to Judge Vincent L. Briccetti from Julie S. Raphael, Esq. dated May 6, 2019 re: Diversity. Document filed by Richard Martin.(Raphael, Julie) |
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Filing 17
ORDER: Accordingly, by May 6, 2019, plaintiff's counsel shall submit a letter to the Court (i) adequately identifying each defendant's citizenship; and (ii) explaining in sufficient detail why venue is proper in the Southern District of New York or, in the alternative, whether the case should be transferred to the United States District Court for the Middle District of Pennsylvania pursuant to 28 U.S.C. 1406(a). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 4/30/2019) (mml)
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| Magistrate Judge Paul E. Davison is so redesignated. (ma) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge William H. Pauley, III is no longer assigned to the case. (ma) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to The Home Depot Inc.. (dnh) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to The Home Depot, Inc, re: #1 Complaint,. Document filed by Richard Martin. (Raphael, Julie) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to The Home Depot. (dnh) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Home Depot U.S.A., Inc. (dnh) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Home Depot Store Support, LLC. (dnh) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to General Electric Company. (dnh) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to General Electric Appliances Inc. (dnh) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to The Home Depot, re: #1 Complaint,. Document filed by Richard Martin. (Raphael, Julie) |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The Home Depot, Inc, re: #1 Complaint,. Document filed by Richard Martin. (Raphael, Julie) Modified on 4/26/2019 (dnh). |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Home Depot U.S.A., Inc., re: #1 Complaint,. Document filed by Richard Martin. (Raphael, Julie) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Home Depot Store Support, LLC, re: #1 Complaint,. Document filed by Richard Martin. (Raphael, Julie) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to General Electric Company, re: #1 Complaint,. Document filed by Richard Martin. (Raphael, Julie) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to General Electric Appliances Inc, re: #1 Complaint,. Document filed by Richard Martin. (Raphael, Julie) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Julie Raphael to RE-FILE Document No. #8 Request for Issuance of Summons, #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the defendant name was omitted from the PDF. 'As to' Error; all of the parties listed in the 'To:' section of the PDF must be listed in the docket entry. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Richard Martin, re: #1 Complaint,. Document filed by Richard Martin. (Raphael, Julie) Modified on 4/26/2019 (dnh). |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Julie Raphael. The party information for the following party/parties has been modified: GENERAL ELECTRIC APPLIANCES INC, GENERAL ELECTRIC COMPANY, HOME DEPOT STORE SUPPORT, LLC,. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Julie Raphael. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge William H. Pauley, III. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
| Filing 2 CIVIL COVER SHEET filed. (Raphael, Julie) |
| Filing 1 COMPLAINT against GENERAL ELECTRIC APPLIANCES INC, GENERAL ELECTRIC COMPANY, HOME DEPOT STORE SUPPORT, LLC, Home Depot U.S.A., Inc, The Home Depot, The Home Depot Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16757443)Document filed by Richard Martin.(Raphael, Julie) |
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