OTUAFI v. RUTGERS SCHOOL OF DENTAL MEDICINE et al
| LEILANI OTUAFI |
| DR. CECILE FLEDMAN-ZOHN, RUTGERS - THE STATE UNIVERSITY OF NEW JERSEY, VINCENT NACCO, JOHN DOES 1-5, DR. MICHAEL CONTE, DR. ANDREA WEST, CORPORATE DOES 1-5, DR. NATALIE SCARPA-LOTA, DR. JILL YORK, RUTGERS SCHOOL OF DENTAL MEDICINE and JOHN AND DOES 1-5 |
| 2:2020cv18719 |
| December 10, 2020 |
| US District Court for the District of New Jersey |
| Edward S Kiel |
| Brian R Martinotti |
| Labor: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 11 RESPONSE to Motion filed by RUTGERS SCHOOL OF DENTAL MEDICINE re #8 MOTION to Remand (PEIRANO, JOHN) |
| Set Deadlines as to #8 MOTION to Remand . Motion set for 2/1/2021 before Judge Brian R. Martinotti. 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. (sm) |
| Filing 10 ANSWER to Complaint by RUTGERS SCHOOL OF DENTAL MEDICINE. (Attachments: #1 Certificate of Service)(PEIRANO, JOHN) |
| Filing 9 BRIEF in Support filed by LEILANI OTUAFI re #8 MOTION to Remand (DAGGETT, GEORGE) |
| Filing 8 MOTION to Remand by LEILANI OTUAFI. (DAGGETT, GEORGE) |
Filing 7
CONSENT ORDER extending Defendant Rutgers' time to answer, move, or otherwise reply to the Amended Complaint to and including January 7, 2021. Signed by Judge Brian R. Martinotti on 12/31/20. (jc, )
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| Filing 6 Letter. (Attachments: #1 Text of Proposed Order)(PEIRANO, JOHN) |
| Answer Due Deadline Update - The #6 Proposed Consent Order submitted by the parties has been GRANTED. The answer due date for Rutgers has been set for 1/7/2021. (jc, ) |
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Filing 5
TEXT ORDER: Defendant Rutgers, The State University of New Jersey, i/p/a Rutgers School of Dental Medicine (RSUNJ) removed this case from state court based on diversity jurisdiction. As RSUNJ is a New Jersey citizen, this case may have been removed contrary to the forum-defendant rule set forth in 28 U.S.C. Section 1441(b)(2), which provides a case that is otherwise removable based on diversity jurisdiction may not be removed if a properly joined and served defendant is a citizen of the state in which the case is brought. See Lincoln Prop. Co. v. Roche, 546 U.S. 81, 84 (2005) (stating case may be removed under diversity jurisdiction if "no defendant is a citizen of the forum State"); Borough of W. Mifflin v. Lancaster, 45 F.3d 780, 785 (3d Cir. 1995) (stating "diversity cases have an additional obstacle to removal: a resident defendant is barred from removing to federal court"). If plaintiff intends to object to the removal of this case for being contrary to the forum-defendant rule, then plaintiff must file a formal motion for remand to state court by January 11, 2021 in accordance with 28 U.S.C. Section 1447(c). If plaintiff does not file such motion, then this case will proceed in federal court. So Ordered by Magistrate Judge Edward S. Kiel on 12/22/2020. (as, )
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| Clerk`s Text Order - The #4 Application for Clerk's Order to Ext Answer/Proposed Order submitted by RUTGERS SCHOOL OF DENTAL MEDICINE has been GRANTED. The answer due date has been set for 12/31/2020. (jc, ) |
| Filing 4 Application and Proposed Order for Clerk's Order to extend time to answer as to Rutgers School of Dental Medicine.. (ALBERTS, DAVID) |
| Filing 3 NOTICE of Appearance by DAVID MICHAEL ALBERTS on behalf of RUTGERS SCHOOL OF DENTAL MEDICINE (ALBERTS, DAVID) |
| Filing 2 Letter from Rutgers, The State University of New Jersey re #1 Notice of Removal,. (PEIRANO, JOHN) |
| Filing 1 NOTICE OF REMOVAL by RUTGERS - THE STATE UNIVERSITY OF NEW JERSEY from Superior Court of New Jersey Law Division, Middlesex County, case number MID-L-5681-20. ( Filing and Admin fee $ 402 receipt number ANJDC-11797604), filed by RUTGERS - THE STATE UNIVERSITY OF NEW JERSEY. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B)(PEIRANO, JOHN) |
| Case assigned to Judge Brian R. Martinotti and Magistrate Judge Edward S. Kiel. (jr) |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information - Parties are to be entered in all capital letters; Removal-Other Court Information not completed. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jr, ) |
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