Santiago v. Wal-Mart Stores East, LP

Connecticut District Court
Judge:Vernon D Oliver
Referred: Thomas O Farrish
Case #: 3:24-cv-01191
Nature of Suit442 Civil Rights - Employment
Cause28:1332 Diversity-Employment Discrimination
Case Filed:Jul 12, 2024
Terminated:Jul 26, 2024
Last checked: Friday Jul 12, 2024 12:12 PM EDT
Defendant
Wal-Mart Stores East, LP
Represented By
Johanna G. Zelman
Ford Harrison, LLP
contact info
Plaintiff
Olga Santiago


Docket last updated: 1 hours ago
Thursday, August 08, 2024
19 19 utility Case Remanded to State Thu 08/08 10:27 AM
Case remanded to State Court Judicial District of Waterbury. (Samson, J)
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Monday, July 29, 2024
notice Judicial Evaluation Program Survey Mon 07/29 7:56 AM
JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Samson, J)
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Friday, July 26, 2024
18 18 order Order Dismissing Case Fri 07/26 5:37 AM
ORDER remanding the case to the Connecticut Superior Court for the Judicial District of Waterbury, from which Defendant removed it on the stated ground of diversity jurisdiction. The parties did not respond to this Court's July 12, 2024 Order to Show Cause at ECF No. 8. As this Court explained in its Order, in order to proceed with this matter, there must be competent proof that the requisite jurisdictional amount of $75,000 is in controversy. See 28 U.S.C. § 1332(a). Absent diversity jurisdiction, there appears to be no basis for removal of this action -- i.e., no alternative subject matter jurisdiction in that there is no "federal question" present. See 28 U.S.C. § 1331. Accordingly, in the absence of subject matter jurisdiction, the Court REMANDS the case to state court. Signed by Judge Vernon D. Oliver on 7/26/2024.(Dao, J)
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Tuesday, July 23, 2024
utility Set Deadlines/Hearings Tue 07/23 9:59 AM
Set Deadlines: Rule 26 Meeting Report due by 8/25/2024 (Samson, J)
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Wednesday, July 17, 2024
utility Update Answer Deadline Wed 07/17 11:46 AM
Answer deadline updated for Wal-Mart Stores East, LP to 8/18/2024. (Samson, J)
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Tuesday, July 16, 2024
17 17 order Order on Motion for Extension of Time Tue 07/16 3:58 PM
ORDER granting 16 Motion for Extension of Time. The deadline for Defendant to answer or otherwise respond to the Complaint is extended to August 18, 2024 . Signed by Judge Vernon D. Oliver on 7/16/2024. (Dao, J)
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16 16 motion Extension of Time Tue 07/16 2:05 PM
MOTION for Extension of Time until August 18, 2024 respond to Plaintiffs Complaint by Wal-Mart Stores East, LP. (Zelman, Johanna)
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15 15 order Electronic Service Documents Tue 07/16 12:58 PM
NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of14 Notice re: Initial Discovery Protocols,12 Standing Protective Order, 7 Notice re: Disclosure Statement,1 Notice of Removal filed by Wal-Mart Stores East, LP,13 Notice of Option to Consent to Magistrate Judge Jurisdiction,10 Order on Pretrial Deadlines,11 Electronic Filing Order Signed by Clerk on 7/16/2024.(Gaskins, A)
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Monday, July 15, 2024
9 9 notice Notice of Appearance Mon 07/15 10:50 AM
NOTICE of Appearance by Robert John Granoth, Jr on behalf of Wal-Mart Stores East, LP (Granoth, Robert)
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utility Set Deadlines/Hearings Mon 07/15 10:41 AM
Set Deadlines: Show Cause Response due by 7/25/2024 (Samson, J)
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Friday, July 12, 2024
14 14 intord Notice re: Initial Discovery Protocols Tue 07/16 11:16 AM
Notice re: Initial Discovery Protocols. (Gaskins, A)
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Att: 1 attachment
13 13 misc Notice of Option to Consent to MJ Jurisdiction (intake) Tue 07/16 11:13 AM
Notice of Option to Consent to Magistrate Judge Jurisdiction. (Gaskins, A)
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12 12 order Standing Protective Order (Intake) Tue 07/16 11:10 AM
Standing Protective Order Signed by Judge Vernon D. Oliver on 7/12/2024.(Gaskins, A)
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11 11 order Electronic Filing Order Tue 07/16 11:06 AM
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Vernon D. Oliver on 7/12/2024.(Gaskins, A)
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10 10 1 pgs order Order on Pretrial Deadlines Tue 07/16 11:03 AM
Order on Pretrial Deadlines: Amended Pleadings due by 9/10/2024 Discovery due by 1/11/2025 Dispositive Motions due by 2/15/2025 Signed by Clerk on 7/12/2024.(Gaskins, A)
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8 8 order Order Fri 07/12 5:51 PM
ORDER TO SHOW CAUSE re1 Notice of Removal: "[A] court must satisfy itself that it has subject matter jurisdiction and may at any time in the course of litigation consider whether such jurisdiction exists." Mitskovski v. Buffalo & Fort Erie Pub. Bridge Auth. , 435 F.3d 127, 133 (2d Cir. 2006). "If necessary, the court must consider its subject matter jurisdiction sua sponte ." Perez v. Metro. Prop. & Cas. Ins. Co. , No. 3:14-CV-01565 CSH, 2014 WL 7428280, at *1 (D. Conn. Dec. 31, 2014). Regarding removal, "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." 28 U.S.C.A. § 1447(c). Federal district courts have diversity jurisdiction over actions where there is complete diversity among parties and an amount in controversy in excess of $75,000. 28 U.S.C. § 1332(a). A removing party must establish "that it appears to 'a reasonable probability' that the claim is in excess of the statutory jurisdictional amount," exclusive of interest and cost. United Food & Com. Workers Union, Local 919, AFL-CIO v. CenterMark Properties Meriden Square, Inc. , 30 F.3d 298, 305 (2d Cir. 1994). Here, Defendant asserts that diversity jurisdiction exists. (ECF No. 1 para 3.) But the pleadings do not establish to a reasonable probability that the amount in controversy exceeds $75,000. In the Notice of Removal, Defendant asserts that "[T]he amount in controversy exceeds $750,00.00 [sic] exclusive of interest and costs." ( Id. ) "It may be that Plaintiff seeks damages in excess of $75,000, but [s]he has neither prayed for such an amount nor detailed specific damages that give rise to such a prayer." Perez , 2014 WL 7428280, at *4. The Complaint simply states, "The amount in demand exceeds $15,000.00, excluding costs and interests." ( Id. at 13.) And even assuming all Plaintiff's allegations as true, there are no plausible allegations in the Complaint concerning damages that would enable the Court to conclude to a reasonable probability that the amount in controversy is satisfied. Accordingly, the parties are ORDERED to show cause why this case should not be remanded due to lack of subject matter jurisdiction. Any party may file a response to this order to show cause on or before July 25, 2024 . In the absence of a timely response, the Court will likely dismiss or remand this action to the Connecticut Superior Court. Signed by Judge Vernon D. Oliver on 7/12/2024. (Dao, J)
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7 7 notice Notice re: Disclosure Statement Fri 07/12 1:20 PM
Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 7/12/2024.(Maturo, F.)
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6 6 notice Notice (Other) Fri 07/12 12:19 PM
NOTICE by Wal-Mart Stores East, LP NOTICE OF PENDING MOTIONS (Zelman, Johanna)
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5 5 notice Notice (Other) Fri 07/12 12:11 PM
NOTICE by Wal-Mart Stores East, LP COMPLIANCE WITH STANDING ORDER IN REMOVED CASES (Zelman, Johanna)
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4 4 notice Notice (Other) Fri 07/12 11:58 AM
NOTICE by Wal-Mart Stores East, LP CERTIFICATE OF FILING AND SERVICE OF NOTICE OF REMOVAL (Zelman, Johanna)
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3 3 misc Disclosure Statement Fri 07/12 11:44 AM
Disclosure Statement CORPORATE DISCLOSURE STATEMENT by Wal-Mart Stores East, LP. (Zelman, Johanna)
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2 2 notice Notice of Appearance Fri 07/12 11:25 AM
NOTICE of Appearance by Johanna G. Zelman on behalf of Wal-Mart Stores East, LP (Zelman, Johanna)
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1 1 cmp Notice of Removal Fri 07/12 11:22 AM
NOTICE OF REMOVAL by Wal-Mart Stores East, LP from Judicial District of Waterbury, case number UWY-CV24-6078615-S. Filing fee $ 405 receipt number ACTDC-7832169, filed by Wal-Mart Stores East, LP.(Zelman, Johanna)
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utility Add and Terminate Judges Fri 07/12 1:49 PM
Judge Vernon D. Oliver and Judge Thomas O. Farrish added. (Oliver, T.)
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