FISHBEYN et al v. BRIUKHAN et al
| ALEXANDER FISHBEYN |
| IRINA STANOVICH, BROADWAY PROPERTIES, INC., BROADWAY DIESEL AND GAS, INC., FIRST AVENUE GAS ENTERPRISES, INC., FIRST PATERSON OPERATING COMPANY, INC., CLK OPERATING, INC. and 204 ST. NICHOLAS AVENUE REALTY ASSOCIATES, LLC |
| ALEXANDER BRIUKHAN |
| 21 WEST 120TH STREET ASSOCIATES, LLC, 21 WEST 120TH STREET REALTY, LLC, 110 WEST 123RD STREET REALTY ASSOCIATES, LLC and 204 ST. NICHOLAS AVENUE REALTY ASSOCIATES |
| 2:2022cv07402 |
| December 20, 2022 |
| US District Court for the District of New Jersey |
| Esther Salas |
| Cathy L Waldor |
| Contract: Franchise |
| 28 U.S.C. ยง 1441 Notice of Removal- Breach of Contract |
| None |
Docket Report
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| Document Text |
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| Filing 7 Transmittal Letter for remanded case to Bergen County Justice Center10 Main StreetHackensack, NJ 07601 State No: BER-C-000156-22. Mailed certified copy of the Order remanding case. (dam) |
| ***Civil Case Terminated pursuant to ECF # 6 Text Order (dam) |
Filing 6
TEXT ORDER: The Court is in receipt of Defendants letter dated January 6, 2023, informing the Court why removal was improper in this matter. (D.E. No. #5 ). Because the Defendants in this matter are citizens of the State of New Jersey (D.E. No. 1 11 13 ), removal was improper under 28 U.S.C. 1441(b)(2). Further, because the parties filed a consent motion to remand within 30 days after the filing of the notice of removal, the Court finds that the motion is timely under 28 U.S.C. 1447(c). Accordingly, because removal was improper in this matter, it is ORDERED that this case is REMANDED. So Ordered by Judge Esther Salas on 1/12/2023. (ek)
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| Filing 5 Letter. (EICHHORN, DANIEL) |
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Filing 4
TEXT ORDER: The Court is in receipt of Defendants' letter dated December 23, 2022, requesting a remand of this matter back to state court. (D.E. No. #3 ). This Court does not have the authority to remand a case based merely on consent where subject matter jurisdiction is otherwise proper. See, e.g., Mahoney v. Harrah's Atl. City Operating Co., LLC, No. 21-12726, 2021 WL 4482777, at *1 (D.N.J. Sept. 30, 2021). Accordingly, if the parties wish to pursue this matter in state court, they must submit, by January 17, 2023, either (i) a joint letter informing this Court why subject matter jurisdiction is improper, or (ii) file a notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a). So Ordered by Judge Esther Salas on 1/4/2023. (ek)
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| Filing 3 Letter. (Attachments: #1 Text of Proposed Order Consent Order)(EICHHORN, DANIEL) |
| Filing 2 Exhibit to QC - Civil Cover Sheet JS44,, by ALEXANDER BRIUKHAN, BROADWAY DIESEL AND GAS, INC., BROADWAY PROPERTIES, INC., CLK OPERATING, INC., FIRST AVENUE GAS ENTERPRISES, INC., FIRST PATERSON OPERATING COMPANY, INC., IRINA STANOVICH. (EICHHORN, DANIEL) |
| Filing 1 NOTICE OF REMOVAL by FIRST PATERSON OPERATING COMPANY, INC., ALEXANDER BRIUKHAN, FIRST AVENUE GAS ENTERPRISES, INC., IRINA STANOVICH, CLK OPERATING, INC., BROADWAY PROPERTIES, INC., BROADWAY DIESEL AND GAS, INC. from SUPERIOR COURT, BERGEN COUNTY, case number BER-C-156-22. ( Filing and Admin fee $ 402 receipt number ANJDC-13907881), filed by FIRST PATERSON OPERATING COMPANY, INC., ALEXANDER BRIUKHAN, FIRST AVENUE GAS ENTERPRISES, INC., IRINA STANOVICH, CLK OPERATING, INC., BROADWAY PROPERTIES, INC., BROADWAY DIESEL AND GAS, INC.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(EICHHORN, DANIEL) |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a #Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ps) |
| Judge Esther Salas and Magistrate Judge Cathy L. Waldor added. (ps) |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information, . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (ps) |
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