Webb et al v. Harrison et al
Santrise N. Webb and The Board Administration, Inc. |
Le'Greg O. Harrison, Clayton Mitchell, Muhammad Hill and Walker Johnson |
1:2014cv05366 |
July 16, 2014 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Richard J. Sullivan |
Other Contract |
28 U.S.C. ยง 1332 |
None |
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Filing 15 OPINION AND ORDER re: 13 MOTION to Remand to State Court filed by Santrise N. Webb. For the reasons set forth above, the Court finds that the requirements of diversity jurisdiction have been met, Defendants' Notice was time ly, and Defendants have not waived their right of removal under 28 U.S.C. § 1446. Accordingly, IT IS HEREBY ORDERED THAT Plaintiffs' motion to remand this action to state court is DENIED. IT IS FURTHER ORDERED THAT Plaintiffs sha ll file an amended complaint conforming to the Federal Rules of Civil Procedure by February 20, 2015. IT IS FURTHER ORDERED THAT the parties shall appear for an initial status conference on Friday, March 6, 2015 at 11:00 a.m. in Courtroom 905 of the Thurgood Marshall United States District Court for the Southern District of New York, 40 Foley Square, New York, New York. IT IS FURTHER ORDERED that, by February 27, 2015 at 4:00 p.m., the parties shall jointly submit a letter, not to exceed five (5) pages, providing the following information in separate paragraphs: (1) A brief statement of the nature of the action and the principal defenses thereto; (2) A brief explanation of why jurisdiction and venue lie in this Court; ( 3) A brief description of all outstanding motions and/or outstanding requests to file motions; (4) A brief description of any discovery that has already taken place, and that which will be necessary for the parties to engage in meaningful settlement negotiations; (5) A list of all prior settlement discussions, including the date, the parties involved, and the approximate duration of such discussions, if any; (6) The estimated length of trial; and (7) Any other information that you believe may assist this Court in resolving this action. IT IS FURTHER ORDERED THAT, by February 27, 2015 at 4:00 p.m., the parties shall submit to the Court a proposed case management plan and scheduling order. A template for the order is available at: http://www.nysd.uscourts.gov/cases/show.php?db=judge info&id=1059. The status letter and the proposed case management plan should be filed on ECF and emailed to my chambers at the following email address: sullivanNYSDchambers@nysd.uscourts.g ov. Please consult my Individual Rules with respect to communications with chambers and related matters. The Clerk of Court is respectfully directed to terminate the motion pending at docket entry 13. (Signed by Judge Richard J. Sullivan on 2/5/2015) (mro) |
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