Michael v. Elwood Staffing Services, Inc. et al
| Diana Michael |
| Elwood Staffing Services, Inc., Cummins Inc. and Cummins, Inc. |
| 1:2018cv01167 |
| October 23, 2018 |
| US District Court for the Western District of New York |
| Hugh B Scott |
| Elizabeth A Wolford |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on December 21, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 RESPONSE in Opposition re #11 MOTION to Remand to State Court filed by Cummins, Inc.. (Smiricky, Stacey) |
| Filing 18 MEMORANDUM in Opposition re #11 MOTION to Remand to State Court filed by Elwood Staffing Services, Inc.. (Hearey, Bruce) |
| Filing 17 RESPONSE in Support re #11 MOTION to Remand to State Court filed by Diana Michael. (Attachments: #1 Exhibit Email 11.19.2018)(Gomez, Rafael) |
| Verified admission to the Ohio State Bar for Attorney Kathleen J. Sanz. (NRE) |
| Filing 16 MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-3300830.) by Elwood Staffing Services, Inc.. (Attachments: #1 A - Affidavit of Kathleen J. Sanz in Support of Motion to Appear Pro Hac Vice, #2 B - Petition for Attorney Admission, #3 C - Sponsoring Affidavit, #4 D - Attorney's Oath, #5 E - Executed Civility Principles and Guidelines, #6 F - Attorney Database Information, #7 G - ECF Registration)(Hearey, Bruce) |
| Filing 15 TEXT ORDER re #11 Letter. In accordance with Plaintiff's request, the Court deems her letter dated December 5, 2018 (Dkt. 11) a motion to remand this matter to state court pursuant to 28 U.S.C. 1447(c), which provides that "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." The Court orders that any additional briefing by Plaintiff regarding the Court's subject matter jurisdiction be submitted by no later than December 14, 2018, and any papers in opposition to remand shall be submitted by December 21, 2018. Thereafter, the matter will be taken under advisement without oral argument. See Williams v. Beemiller, Inc., 527 F.3d 259, 266 (2d Cir. 2008) (a motion to remand to state court under 1447(c) is "indistinguishable from a motion to dismiss the action from federal court based on a lack of subject matter jurisdiction," and is therefore dispositive). SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/06/2018. (CDH) |
| Filing 14 Letter filed by Elwood Staffing Services, Inc. as to Cummins, Inc., Elwood Staffing Services, Inc. . (Hearey, Bruce) |
| Filing 13 NOTICE of Appearance by Stacey L. Smiricky on behalf of Cummins, Inc. (Smiricky, Stacey) |
| Filing 12 NOTICE of Appearance by Sylvia Bokyung St. Clair on behalf of Cummins, Inc. (St. Clair, Sylvia) |
| Filing 11 Letter filed by Diana Michael as to Cummins, Inc., Elwood Staffing Services, Inc. . (Gomez, Rafael) Modified on 12/8/2018 to reclassify as MOTION to Remand to State Court per Dkt. No. 15 (GAI). |
| Filing 10 Letter filed by Cummins, Inc. as to Cummins, Inc., Elwood Staffing Services, Inc. . (Chen, Joanna) |
| Filing 9 TEXT ORDER RE: #1 Notice of Removal, filed by Cummins, Inc.Defendant Cummins, Inc. asserted, in the notice of removal, that the amount in controversy exceeds $75,000. Legally, litigants cannot stipulate to subject-matter jurisdiction. See, e.g., United Food & Commercial Workers Union, Local 919, AFL-CIO v. CenterMark Properties Meriden Square, Inc., 30 F.3d 298, 301 (2d Cir. 1994). Factually, though, are the parties in agreement that the circumstances here indicate an amount in controversy over $75,000? See Yong Qin Luo v. Mikel, 625 F.3d 772, 776 (2d Cir. 2010); Burg v. Primal Vantage Co., No. 13-CV-1121S, 2014 WL 448519, at *6 (W.D.N.Y. Feb. 4, 2014), report and recommendation adopted, No. 13-CV-1121S, 2014 WL 1609658 (W.D.N.Y. Apr. 22, 2014).The Court would like clarification on the question before the scheduling conference in January. On or before 12/5/2018, each party will file a letter addressing the question. No formal motion practice is required, and the response directed here will not constitute a waiver of any procedural rights.SO ORDERED. Issued by Hon. Hugh B. Scott on 11/16/2018. (GAI) |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG) |
| Filing 8 ANSWER to Complaint by Elwood Staffing Services, Inc..(Hearey, Bruce) |
| Filing 7 Corporate Disclosure Statement by Elwood Staffing Services, Inc.. (Hearey, Bruce) |
Filing 6
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERThis case has been referred to the undersigned for pretrial proceedings. A scheduling conference will be held on 1/10/2019 at 11:15 AM, in the courtroom of the undersigned at 2 Niagara Square, Buffalo, New York.PRIOR TO THE SCHEDULING CONFERENCE, THE PARTIES MUST COMPLY WITH THE REQUIREMENTS OF RULE 26 OF THE FEDERAL RULES OF CIVIL PROCEDURE. This means that, at a minimum, (1) the parties must complete initial disclosures as required by Rule 26(a)(1); (2) the parties must meet and confer as required under Rule 26(f); and (3) the parties must file a proposed discovery plan at least seven (7) days prior to the scheduling conference as also required by Rule 26(f). Under 28 U.S.C. 636(c), the parties at any time may consent to have the Magistrate Judge adjudicate individual dispositive proceedings or all proceedings in this case, including a jury or non-jury trial and entry of final judgment. (See also Fed. R. Civ. P. 73.) The parties are encouraged to consider potential benefits of a Rule 73 consent, including earlier motion resolution and trial scheduling; however, there will be no adverse consequences at all should the parties decline. A copy of the Court's chamber guide, also available on the WDNY website, is attached for counsel's convenience.SO ORDERED. Issued by Hon. Hugh B. Scott on 11/1/2018. (GAI)
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| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD) |
| Filing 5 TEXT ORDER granting #4 Motion for Extension of Time to Answer. Defendant Elwood Staffing Services, Inc.'s answer is now due by November 13, 2018. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/31/2018. (CDH) |
| TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Hugh B. Scott for all pretrial matters excluding dispositive motions.Issued by Hon. Elizabeth A. Wolford on 10/31/18. (SG) |
| ADR Plan electronically forwarded to attorneys. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution.(SG) |
| Filing 4 MOTION for Extension of Time to File Answer re #1 Notice of Removal, by Elwood Staffing Services, Inc..(Hearey, Bruce) |
| Filing 3 ANSWER to Complaint w/Affirmative Defenses by Cummins, Inc..(Lowe, Amanda) |
| Case assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (SG) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(SG) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (SG) |
| Filing 2 Corporate Disclosure Statement by Cummins Inc.. (Lowe, Amanda) |
| Filing 1 NOTICE OF REMOVAL by Cummins Inc. from NYS Supreme Court County of Chautauqua, case number EK12018001384. (Filing fee $ 400 receipt number 0209-3256967), filed by Cummins Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Certificate of Service, #6 Civil Cover Sheet)(Lowe, Amanda) |
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