De Carvalho v. Estate of Maurice Andre Holness et al
| Sonia Muniz De Carvalho |
| Estate of Maurice Andre Holness and Maurice Holness |
| 3:2024cv00041 |
| January 11, 2024 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| Vernon Dion Oliver |
| Vernon D Oliver |
| Rent Lease & Ejectment |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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| Filing 12 Case remanded to State Court Judicial District of New Haven. (Samson, J) |
Filing 11
ORDER. In light of this case being dismissed, the Court REMANDS the action back to the Connecticut Superior Court. Signed by Judge Vernon D. Oliver on 2/20/2024.(Dao, John)
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| 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 (Bozek, Michael) |
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Filing 10
ORDER DISMISSING CASE. The defendants were directed to either pay the filing fee or file a Motion for Leave to Proceed In Forma Pauperis by 02/10/2024 and was warned that failure to do so would result in the dismissal of this case. (ECF No. 3.) That date has passed, and the defendants have not paid the filing fee or requested any extension of the deadline to do so. As a result, this case is DISMISSED without prejudice. The Clerk is directed to close this case.A copy of this Order shall be mailed to Defendants.Signed by Judge Vernon D. Oliver on 02/12/2024.(Dao, John)
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| Filing 9 SUPPLEMENT NOTICE OF REMOVAL by Estate of Maurice Andre Holness, Maurice Holness (Attachments: #1 Envelope)(Gaskins, A) |
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Filing 8
ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE REMANDED: "[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). On January 11, 2024, Defendants removed this case to federal court. (ECF No. #1 .) While Defendants assert that there is federal question jurisdiction here due to the Copyright Act and Article V of the Constitution (id. at 1-2), the complaint does not appear to bring those claims or make any other allegations that would otherwise give the Court federal question jurisdiction over this action. (ECF No. 1-1.) The counts are not brought pursuant to any federal statute and Defendants do not assert that there is diversity jurisdiction over this action. If Defendants have cause to show why the case should not be remanded, Defendants may file a response to this order to show cause by February 2, 2024. Failure to file an adequate or timely response to this order to show cause will result in an immediate order of remand. All case deadlines are STAYED pending resolution of the threshold issue of jurisdiction. It is so ordered. A copy of this Order shall be mailed to the Defendants. Signed by Judge Vernon D. Oliver on 01/17/2024.(Dao, John)
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Filing 7
STANDING PROTECTIVE ORDER Signed by Judge Vernon Dion Oliver on 1/11/2024.(Gaskins, A)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Vernon Dion Oliver on 1/11/2024.(Gaskins, A)
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Filing 5
Order on Pretrial Deadlines: Amended Pleadings due by 3/11/2024 Discovery due by 7/12/2024 Dispositive Motions due by 8/16/2024 Signed by Clerk on 1/11/2024.(Gaskins, A)
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| 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 1/11/2024.(Chartier, A.) |
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Filing 3
ORDER: We received your Notice of Removal which has been assigned case number 24cv41. In order to proceed, the filing fee or a Motion for Leave to Proceed In Forma Pauperis must be submitted to the Court by 2/10/2024 or the case will be subject to dismissal. Fee information and the Motion for Leave to Proceed In Forma Pauperis form may be found on the Court's website at ctd.uscourts.gov. Dismissal due by 2/10/2024. Signed by Clerk on 1/11/2024.(Chartier, A.)
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| Filing 2 NOTICE of Filing of Notice of Removal by Estate of Maurice Andre Holness (Chartier, A.) |
| Filing 1 NOTICE OF REMOVAL by Estate of Maurice Andre Holness from Superior Court Judicial District of New Haven at New Haven, case number NNH-cv-23-6137994-S filed by Estate of Maurice Andre Holness. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B, #3 Envelope)(Chartier, A.) |
| Judge Vernon Dion Oliver and Judge Thomas O. Farrish added. (Oliver, T.) |
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