Boadi v. Sarmiento et al

Docket(#29) ORDER: It appears that, in an effort to preserve diversity jurisdiction, the parties have stipulated to dropping nondiverse defendants, and the plaintiff has dropped his claim associated with those defendants. See Docs. No. 3, 4, 5, 6, 7. In general, merely dropping a nondiverse defendant is not sufficient to preserve diversity jurisdiction in circumstances in which "diversity jurisdiction does not, in fact, exist." Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 831 (1989). Moreover, "[t]he existence of federal jurisdiction ordinarily depends on the facts as they exist when the complaint is filed." Id. at 830. "Federal Rule of Civil Procedure 21 allows a court to drop a nondiverse party at any time to preserve diversity jurisdiction... provided the nondiverse party is not 'indispensable' under Rule 19(b)." CP Sols. PTE, Ltd. v. Gen. Elec. Co., 553 F.3d 156, 159 (2d Cir. 2009) (per curiam) (internal citations omitted). Rule 19(b) sets forth four factors for courts to consider when determining whether a party is indispensable: "(1) whether a judgment rendered in a persons absence might prejudice that person or parties to the action, (2) the extent to which any prejudice could be alleviated, (3) whether a judgment in the person's absence would be adequate, and (4) whether the plaintiff would have an adequate remedy if the court dismissed the suit." Id. (citing Fed. R. Civ. P. 19(b)). Accordingly, on or before October 6, 2023, the plaintiff is directed to file a statement on the docket setting forth reasons why the dismissed defendants are not indispensable to this action. Signed by Judge Stefan R. Underhill on 9/21/2023. (Khabbaz, D.) (Entered: 09/21/2023)

Docket(#28) NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 9/14/2023. (Oliver, T.) (Entered: 09/14/2023)

Docket(#27) STANDING PROTECTIVE ORDER Signed by Judge Stefan R. Underhill on 9/13/2023. (Oliver, T.) (Entered: 09/14/2023)

Docket(#26) ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 9/13/2023. (Oliver, T.) (Entered: 09/14/2023)

Docket(#25) Order on Pretrial Deadlines: Amended Pleadings due by 11/12/2023 Discovery due by 3/14/2024 Dispositive Motions due by 4/18/2024 Signed by Clerk on 9/13/2023. (Oliver, T.) (Entered: 09/14/2023)

DocketJudge Stefan R. Underhill and Judge Maria E. Garcia added. (Oliver, T.) (Entered: 09/14/2023)

Docket(#24) NOTICE: ANY MOTIONS PENDING AT THE TIME OF TRANSFER MUST BE REFILED IN OUR DISTRICT. Signed by Clerk on 9/13/2023. (Oliver, T.) (Entered: 09/13/2023)

Docket(#23) 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 9/13/2023. (Oliver, T.) (Entered: 09/13/2023)

Docket(#22) Case electronically transferred in from District of New Jersey; Case Number 2:22-cv-06906. (Entered: 09/13/2023)

Docket***Civil Case Terminated. (qa, ) (Entered: 09/13/2023)

Docket(#7) ORDER OF VOLUNTARY DISMISSAL without Prejudice as to Defendants, Andrew M. Sarmiento, Jersey City Police Department, City of Jersey City, County of Hudson, and State of New Jersey only. Signed by Judge Esther Salas on 12/14/2022. (qa, ) (Entered: 12/14/2022)

Docket(#6) TEXT ORDER: In view of plaintiff's amended complaint (ECF No. #5 ), the order dated December 5, 2022 (ECF No. 3) is vacated. So Ordered by Magistrate Judge Edward S. Kiel on 12/14/22. (bms) (Entered: 12/14/2022)

Docket(#5) AMENDED COMPLAINT against JAMES A FRAME, HOME DEPOT USA, INC., filed by CLEMENT BOADI.(ARZADI, KARIM) (Entered: 12/13/2022)

Docket(#4) STIPULATION of dismissal without prejudice by CLEMENT BOADI. (ARZADI, KARIM) (Entered: 12/13/2022)

Docket(#3) TEXT ORDER: Plaintiff, who is a New Jersey citizen, brings this case under diversity jurisdiction. However, complete diversity between plaintiff and each defendant appears lacking on the face of the complaint because: (1) defendant Andrew Sarmiento is alleged to be a New Jersey citizen; (2) defendants Jersey City Police Department, City of Jersey City, and County of Hudson are all deemed New Jersey citizens; and (3) defendant State of New Jersey destroys complete diversity. See Lincoln Benefit Life Co. v. AEI Life, LLC, 800 F.3d 99, 104 (3d Cir. 2015) (holding a plaintiff may not be a citizen of the same state as any defendant for diversity jurisdiction); City of Dawson v. Columbia Ave. Sav. Fund, Safe Deposit, Title, & Tr. Co., 197 U.S. 178, 180 (1905) (holding a municipality is deemed a citizen of the state in which it is located for diversity purposes); State Highway Comm'n of Wyo. v. Utah Constr. Co., 278 U.S. 194, 200 (1929) (holding there can be no diversity jurisdiction between a state and an individual or a corporation, as a state is not a citizen). By Friday, December 9, 2022, plaintiff shall either file: (1) a notice of voluntary dismissal without prejudice; or (2) a declaration explaining why counsel believes complete diversity exists here. So Ordered by Magistrate Judge Edward S. Kiel on 12/5/22. (bms) (Entered: 12/05/2022)

Docket(#2) SUMMONS ISSUED as to CITY OF JERSEY CITY, COUNTY OF HUDSON, JAMES A FRAME, HOME DEPOT USA, INC., JERSEY CITY POLICE DEPARTMENT, ANDREW M SARMIENTO, STATE OF NEW JERSEY. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (qa, ) (Entered: 12/02/2022)

DocketCASE REFERRED to Arbitration. (ps) (Entered: 12/01/2022)

DocketJudge Esther Salas and Magistrate Judge Edward S. Kiel added. (ps) (Entered: 12/01/2022)

DocketCLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a #Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ps) (Entered: 11/30/2022)

Docket(#1) COMPLAINT against All Defendants ( Filing and Admin fee $ 402 receipt number ANJDC-13863224) with JURY DEMAND, filed by CLEMENT BOADI.(ARZADI, KARIM) (Entered: 11/30/2022)