Avanzado et al v. U.S. Postal Service et al
| Khurshedbek Mavlyanov, Mukhamadkosim Musinov and Chelsea D. Avanzado |
| U.S. Postal Service and John Doe |
| 1:2018cv04289 |
| August 8, 2018 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Vera M Scanlon |
| Motor Vehicle |
| 28 U.S.C. ยง 1442 Notice of Removal |
| None |
Docket Report
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| Document Text |
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| Filing 5 Letter by Khurshedbek Mavlyanov (Cerniglia, Francis) |
| Filing 4 Letter Pre-motion Conference by Chelsea D. Avanzado (Buzin, Heath) |
| Filing 3 NOTICE of Appearance by Heath Buzin on behalf of Chelsea D. Avanzado (aty to be noticed) (Buzin, Heath) |
ORDER: The Court is in receipt of Plaintiff Avanzado's letter #4 dated August 28, 2018. In light of her consent to Defendants' motion to dismiss for lack of jurisdiction, and the failure of the state court defendants Khurshedbek Mavlyanov and Mukhamadkosim Musinov to respond, the Court grants Defendants' motion to dismiss. The common law tort claims Mavlyanov and Musinov asserted in state court against USPS and USPS officials acting within the scope of their employment can only be brought against the United States under the Federal Tort Claim Act, over which federal courts have "exclusive jurisdiction". In re Backer, No. 10-CV-862 (PGG), 2010 WL 2816789, at *5 (S.D.N.Y. July 16, 2010) (citing 28 U.S.C. 1346). As a result, Mavlyanov's and Musinov's claims were properly removed to federal court pursuant to 28 U.S.C. 1442(a). Because this action was removed pursuant to 28 U.S.C. 1442(a), this Court's jurisdiction is derivative of the state court's jurisdiction and "[u]nder the doctrine of derivative jurisdiction, a federal court lacks jurisdiction upon removal where the state court from which the action was removed lacked jurisdiction." Id. at *9, 11 (collecting cases). Therefore, this action is dismissed and remanded to the Supreme Court of the State of New York, County of Kings, case number 500353/2018, and the pre-motion conference scheduled for September 11, 2018 is adjourned. Ordered by Judge Pamela K. Chen on 8/28/2018. (Hess, Alexandra)
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ORDER: Plaintiffs' counsel has failed to obey the Court's order dated August 23, 2018. Plaintiffs' counsel shall show cause by September 4, 2018 as to why they should not be sanctioned $100 each for having twice failed to respond to the USPS's letter as required by the Court. The Court will hold a pre-motion conference on Defendant's proposed motion to dismiss on September 11, 2018 at 2:00 p.m. in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 8/27/2018. (Hess, Alexandra)
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ORDER: Plaintiffs have failed to comply with the Court's Individual Rules requiring a response to Defendants' pre-motion conference request #2 within seven days. Plaintiff shall file a response letter by August 24, 2018. Ordered by Judge Pamela K. Chen on 8/23/2018. (Hess, Alexandra)
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| Filing 2 Letter MOTION for pre motion conference by U.S. Postal Service. (Modafferi, Matthew) |
| Filing 1 NOTICE OF REMOVAL by John Doe, U.S. Postal Service from Supreme Court of the State of New York, County of Kings, case number 500353/2018. Disclosure Statement on Civil Cover Sheet completed -No. (Attachments: #1 Civil Cover Sheet) (Williams, Erica) |
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