IONFRIDA v. BABICK et al
| MARIA CIRANNI IONFRIDA |
| ABC COMPANY 1-10(ficticious names used to describe unknown defendants), PETER BABICK and JOHN DOES 1-10 (fictitious names used to describe Unknown defendants) |
| 2:2020cv15585 |
| November 5, 2020 |
| US District Court for the District of New Jersey |
| Edward S Kiel |
| Kevin McNulty |
| Marine |
| 28 U.S.C. ยง 1333 |
| Plaintiff |
Docket Report
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| Document Text |
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| Reset Deadlines per #6 Order, as to #4 MOTION to Remand to State Court. Motion reset for 1/19/2021 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (lag, ) |
Filing 6
ORDER granting #5 Motion for Extension of Time to File Response; adjourning #4 Motion to remand to state court to 1/19/2021, etc. Signed by Magistrate Judge Edward S. Kiel on 12/10/2020. (lag, ) Modified on 12/18/2020 (lag, ).
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| Filing 5 MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Remand to State Court (request for an adjournment on the motion until January 19, 2021) by PETER BABICK. (POLING, KRISTIN) |
| Filing 4 MOTION to Remand to State Court by MARIA CIRANNI IONFRIDA. (Attachments: #1 Certificate of Service, #2 Certification Plaintiff's Counsel's Certification, #3 Brief, #4 Exhibit Exhibit A, #5 Exhibit Exhibit B, #6 Text of Proposed Order)(LEONARD, SCOTT) |
| Set Deadlines as to #4 MOTION to Remand to State Court. Motion set for 1/4/2021 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (lag, ) |
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Filing 3
TEXT ORDER: The removal of this case from state court on November 5, 2020, based on admiralty jurisdiction may have occurred more than 30 days after service of process upon defendant in violation of 28 U.S.C. 1446(b). Also, this case may have been removed contrary to the saving-to-suitors clause of 28 U.S.C. 1333(1), which provides that "[t]he district courts shall have original jurisdiction, exclusive of the courts of the States, of... [a]ny civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled," and thus preserves the right of plaintiff, i.e., the "suitor," to be "saved" from removal and to remain in state court for claims sounding in common law. See Romero v. Int'l Terminal Operating Co., 358 U.S. 354, 37172 (1959); Madruga v. Superior Ct., 346 U.S. 556, 56061 (1954). If removal of this case was untimely or contrary to the saving-to-suitors clause, and plaintiff intends to object based on those grounds, then plaintiff must file a formal motion to remand to state court by December 7, 2020 in accordance with 28 U.S.C. 1447(c). If plaintiff does not file such motion, then this litigation will proceed in federal court. So Ordered by Magistrate Judge Edward S. Kiel on 11/30/2020. (as, )
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| Filing 2 ANSWER to Complaint by PETER BABICK.(POLING, KRISTIN) |
| Filing 1 NOTICE OF REMOVAL by PETER BABICK from Superior Court of New Jersey; Law Division: Morris County May County, case number MRS-L-1530-20. ( Filing and Admin fee $ 400 receipt number ANJDC-11612311), filed by PETER BABICK. (Attachments: #1 Exhibit A - Complaint, #2 Civil Cover Sheet)(POLING, KRISTIN) |
| Judge Kevin McNulty and Magistrate Judge Edward S. Kiel added. (ps, ) |
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