Masurez v. Presto
| Andrzej Masurez |
| Charles Presto |
| 3:2023cv00760 |
| June 12, 2023 |
| US District Court for the District of Connecticut |
| Vanessa L Bryant |
| S Dave Vatti |
| Real Property: Other |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| None |
Docket Report
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This docket was last retrieved on July 21, 2023. A more recent docket listing may be available from PACER.
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Filing 26
ORDER granting #25 First MOTION for Extension of Time until August 31, 2023to Respond to Defendant's Motion for Clarification and Motion for More Definite Statement for good cause shown. See D. Conn. L. Civ. R. 7(b). The Court reminds Plaintiff of Local Rule 5(e), which permits filing medical records under seal and outlines the procedure for seeking leave to file other documents under seal. D. Conn. L. Civ. R. 5(e). Signed by Judge Vanessa L. Bryant on 07/21/2023. (Lee, Elisabeth)
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| Reset deadlines as to #17 MOTION for a More Definite Statement and #20 MOTION for Clarification as to Capacity: responses now due by 8-31-2023 per Dkt. 26 Order. (Shafer, J.) |
| Filing 25 First MOTION for Extension of Time until August 31, 2023to Respond to Defendant's Motion for Clarification and Motion for More Definite Statement by Andrzej Masurez. (Lathouris, Peter) |
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Filing 24
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. SELF-REPRESENTED FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S ATTACHED STANDARD ELECTRONIC FILING ORDER. Signed by Judge Vanessa L. Bryant on 7-18-2023. (Shafer, J.)
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| Filing 23 NOTICE AND ORDER: Defendant Charles Presto's Notice of Removal fails to satisfy the procedural requirements for removal to federal court, which are set forth in 28 U.S.C. 1446. Namely, the Notice of Removal must contain "a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action. Neither the complaint nor other filings related to the state case have been filed on this docket. On or before <<8/22/2023, Defendant Charles Presto must correct the procedural errors to establish valid removal. Furthermore, it is well-established that "a federal court does not have original jurisdiction over a case in which the complaint presents a state-law cause of action, but also asserts that federal law deprives the defendant of a defense he may raise, or that a federal defense the defendant may raise is not sufficient to defeat the claim." Franchise Tax Bd. of State of Cal. v. Construction Laborers Vacation Trust for S. Cal., 463 U.S. 1, 10 (1983) (internal citations removed); see Garanti Finansal Kiralama A.S. v. Aqua Marine < Trading Inc. , 697 F.3d 59, 67 (2d Cir. 2012). Therefore, removal is proper only if there is diversity jurisdiction. Complete diversity jurisdiction does not exist if any of the defendants are "citizen[s] of the State in which such action is brought." 28 U.S.C. 1441(b)(2); see Suedrohrbau Saudi Co. Ltd. v. Bazzi, 2021 WL 4065523, at *3 (E.D.N.Y. Sept. 7, 2021) (citing Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989)). Plaintiff alleges Teodozja Presto is a citizen of Greenwich, Connecticut, that diversity jurisdiction does not exist, and that the Court therefore does not have jurisdiction to hear this case. Because Defendant Charles Presto states that Defendant Teodozja Presto is no longer a citizen of Connecticut for the purposes of establishing diversity jurisdiction, it is his burden to establish this fact by clear and convincing evidence. Palazzo ex rel. Delmage v. Corio, 232 F.3d 38, 42 (2d Cir. 2000); Francois v. Poole, No. 3:20-CV-770 (JCH), 2020 WL 6701371, at *2 (D. Conn. Nov. 13, 2020) (same). On or before 08/22/2023, Defendant Charles Presto must respond to the Motion to Remand with evidence establishing valid diversity jurisdiction. Signed by Judge Vanessa L. Bryant on 07/18/2023. (Lee, Elisabeth) |
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Filing 22
ORDER granting #14 MOTION for Extension of Time to File Answer for good cause shown. See D. Conn. L. Civ. R. 7(b). Defendant's Answer shall be filed on or before 08/22/2023. Signed by Judge Vanessa L. Bryant on 07/18/2023. (Lee, Elisabeth)
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Filing 21
ORDER granting #13 MOTION for permission to E-file. Accordingly, the Court finds as moot #18 MOTION for Electronic Access. Signed by Judge Vanessa L. Bryant on 07/18/2023. (Lee, Elisabeth)
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| Reset deadline as to #12 MOTION to Remand: response now due by 8-22-2023 per Dkt. 23 Notice and Order. (Shafer, J.) |
| Answer deadline updated to 8-22-2023 per Dkt. 22 Order. (Shafer, J.) |
| Filing 20 MOTION for Clarification as to Capacity by Charles Presto. (Attachments: #1 Envelope) (Shafer, J.) |
| Filing 19 MOTION for a Stay by Charles Presto. Response due by 7-26-2023. (Attachments: #1 Envelope) (Shafer, J.) |
| Filing 18 MOTION for Electronic Access by Charles Presto. (Attachments: #1 Envelope) (Shafer, J.) |
| Filing 17 MOTION for a More Definite Statement by Charles Presto. Response due by 7-26-2023. (Attachments: #1 Envelope) (Shafer, J.) |
| Filing 16 Consent to Electronic Notice By Self-Represented Litigant by Charles Presto (Attachments: #1 Envelope) (Gaskins, A.) |
| Filing 15 NOTICE Re: Removal Standing Order by Charles Presto (Pesta, J.) |
| Filing 14 MOTION for Extension of Time until 14 days to file Answer Re: #1 Notice of Removal, by Charles Presto. (Attachments: #1 envelope)(Pesta, J.) |
| Filing 13 MOTION for permission to E-file by Charles Presto. (Pesta, J.) |
| Filing 12 First MOTION to Remand to State Court of Connecticut by Andrzej Masurez.Responses due by 7/5/2023 (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit A: Fraudulent Deed)(Lathouris, Peter) |
| Filing 11 Docket Entry Correction to replace dkt #10 with Electronic Service Documents,, (Attachments: #1 attachment) (Gaskins, A.) |
| Filing 10 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 of #9 Order Re: Chambers Practices, #6 Order on Pretrial Deadlines, #8 Protective Order, #5 Disclosure Statement filed by Charles Presto, #7 Electronic Filing Order, #2 Notice (Other) filed by Charles Presto, #1 Notice of Removal, filed by Charles Presto, 4 Notice re: Disclosure Statement, Signed by Clerk on 6/13/2023. (Gaskins, A.) |
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Filing 9
ORDER RE: Judge's Chambers Practices. Counsel are directed to read and comply with the Chambers Practices and Standing Orders prior to filing any document. So ordered Signed by Judge Vanessa L. Bryant on 6/12/2023. (Gaskins, A.) Modified on 6/13/2023 (Gaskins, Andrea).
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Filing 8
STANDING PROTECTIVE ORDER Signed by Judge Vanessa L. Bryant on 6/12/2023. (Gaskins, A.) Modified on 6/13/2023 (Gaskins, Andrea).
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Vanessa L. Bryant on 6/12/2023. (Gaskins, A.) Modified on 6/13/2023 (Gaskins, Andrea).
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Filing 6
Order on Pretrial Deadlines: Amended Pleadings due by 8/12/2023 Discovery due by 12/13/2023 Dispositive Motions due by 1/17/2024 Signed by Clerk on 6/12/2023. (Gaskins, A.) Modified on 6/13/2023 (Gaskins, Andrea).
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| Filing 5 Disclosure Statement by Charles Presto. (Fanelle, N.) |
| Filing 4 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 6/12/2023. (Fanelle, N.) |
| Filing 3 Appearance Self Represented Party by Charles Presto. (Fanelle, N.) |
| Filing 2 NOTICE of No Pending Motions by Charles Presto. (Fanelle, N.) |
| Filing 1 NOTICE OF REMOVAL by Charles Presto from Superior Court of the State of Connecticut for the Judicial District of Stamford, case number FST-CV23-6061360-S., filed by Charles Presto. (Attachments: #1 Civil Cover Sheet, #2 Envelope) (Fanelle, N.) |
| Filing fee received from Charles Presto: $402.00, receipt number BPT-13730. (Fanelle, N.) |
| Judge Vanessa L. Bryant and Judge S. Dave Vatti added. (Oliver, T.) |
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| Plaintiff: Andrzej Masurez | |
| Represented By: | Peter V. Lathouris |
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| Defendant: Charles Presto | |
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