Lawrence v. Laguerre et al
| Paul A. Lawrence |
| Marie Valencia Laguerre and Jugens Eliada Laguerre |
| 1:2020cv05047 |
| October 21, 2020 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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Filing 9
MEMORANDUM DECISION AND ORDER/ORDER OF REMAND dated 10/28/20 that because this action was not timely removed, the case is remanded to the Supreme Court of the State of New York, County of Kings, case number 508369/2020.( Ordered by Judge Brian M. Cogan on 10/28/2020 ) (Guzzi, Roseann)
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| Filing 8 Letter by Jugens Eliada Laguerre, Marie Valencia Laguerre, RESPONSE TO ORDER TO SHOW CAUSE by Jugens Eliada Laguerre, Marie Valencia Laguerre (Attachments: #1 Affidavit of Service, #2 Green Cards RRR, #3 UPS tracking receipts, #4 Affidavit) (Bonventre, Anna-Lisa) |
| Filing 7 MOTION for Extension of Time to File Answer , MOTION for Hearing , MOTION to Adjourn Conference by Jugens Eliada Laguerre, Marie Valencia Laguerre. (Bonventre, Anna-Lisa) |
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ORDER denying #7 . Defendants have failed to proffer any adequate reason for their untimely removal; such a proffer could have been in counsel's letter but was not. Moreover, notarization of declarations and affirmations is not required for proceedings in federal court. See 28 U.S.C. 1746. "Removal procedures seek a rapid determination of the proper forum for adjudicating an action," and the Court need not allow "prolonged preliminary litigation over the removal issue simply because [defendants] failed in the first instance to aver a proper jurisdictional basis for removal." Lupo v. Human Affairs Intl, Inc., 28 F.3d 269, 274 (2d Cir. 1994). The Court could have remanded this action simply based on the inadequacy of the allegations in the Notice of Removal and annexed pleadings, but it provided defendants with an opportunity to cure the defective allegations. The Court will not further delay resolution of this issue. Ordered by Judge Brian M. Cogan on 10/26/2020. (Weisberg, Peggy)
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ORDER granting #5 Mikhail Yadgarov's Motion for Leave to Appear Pro Hac Vice as counsel for plaintiff. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 10/23/2020. (Weisberg, Peggy)
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| Filing 6 NOTICE of Appearance by Mikhail Yadgarov on behalf of Paul A. Lawrence (notification declined or already on case) (Yadgarov, Mikhail) |
| Filing 5 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13570538. by Paul A. Lawrence. (Yadgarov, Mikhail) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 2 Civil Cover Sheet.. by Jugens Eliada Laguerre, Marie Valencia Laguerre (Bonventre, Anna-Lisa) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court Kings County, case number 508369/2020. ( Filing fee $ 400 receipt number ANYEDC-13557416) (Attachments: #1 Summons and Complaint, #2 Answer, #3 Police Report) (Bonventre, Anna-Lisa) |
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ORDER TO SHOW CAUSE. Defendants are ORDERED TO SHOW CAUSE by 10/28/2020 why this action should not be remanded to state court as untimely removed. Defendants purport to remove this action based on diversity of citizenship. They did not file the notice of removal until 10/21/2020 even though plaintiff's complaint, served on defendants on June 5, 2020, provided notice that the parties had diverse citizenship and that plaintiff sought damages that "exceed[] the sum or value established by 28 U.S.C. 1332(a)," and that, as a result, the case was removable. See 28 U.S.C. 1446(b)(2)(B). Ordered by Judge Brian M. Cogan on 10/21/2020. (Weisberg, Peggy)
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| Case Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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