Bryan v. Fagor America, Inc.
| Asha Bryan |
| Fagor America, Inc. |
| 1:2018cv05468 |
| September 28, 2018 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Roanne L Mann |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Filing 10 CLERK'S JUDGMENT. It is ORDERED and ADJUDGED that this matter is remanded sua sponte to the Supreme Court, Kings County, for lack of jurisdiction. Ordered by Clerk of Court on 11/9/2018. Supreme Court, Kings County, case number 516264/2018. (Barrett, C) |
ORDER ADOPTING REPORT AND RECOMMENDATION: The Court has reviewed and adopts in its entirety Magistrate Judge Roanne L. Mann's #9 Report & Recommendation ("R&R") recommending that this matter be remanded sua sponte to the Supreme Court, Kings County, for lack of jurisdiction. No objections to the R&R have been filed, and the Court finds that the thorough and well-reasoned R&R is not "clearly erroneous." See 28 U.S.C. 636(b); Fed. R. Civ. P. 72(b); Piroleau v. Caserta, No. 10-cv-5670, 2012 WL 5389931, at *1 (E.D.N.Y. Oct. 29, 2012) ("To accept the report and recommendation of a magistrate judge on a dispositive matter as to which no timely objection has been made, the district judge need only be satisfied that there is no clear error on the face of the record.") (citing, inter alia, Johnson v. Goord, 487 F. Supp. 2d 377, 379 (S.D.N.Y. 2007)); Batichon v. Nev. State Bank, No. 01-cv-2729, 304 F. Supp. 2d 451, 453 (E.D.N.Y. 2004) (reviewing dispositive Report and Recommendation for "clear error" where no objections made). The Clerk of Court is respectfully directed to remand this case to the Supreme Court, Kings County, enter judgment accordingly, and terminate this action. Ordered by Judge Pamela K. Chen on 11/7/2018. (Nadig, Alok)
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| Filing 9 SUA SPONTE REPORT AND RECOMMENDATIONS re #1 Notice of Removal, filed by Fagor America, Inc. The Court respectfully recommends that this action be remanded sua sponte to Supreme Court, Kings County. Objections to R&R due by 11/2/2018. Ordered by Chief Mag. Judge Roanne L. Mann on 10/19/2018. (Proujansky, Josh) |
| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE by Fagor America, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Certificate of Service) (Gerstman, Barry) |
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Filing 7
ORDER TO SHOW CAUSE re #1 Notice of Removal, filed by Fagor America, Inc. Defendant is directed to show cause, via ECF, by October 17, 2018, why the matter should not be remanded to state court. See attached for discussion. Ordered by Chief Mag. Judge Roanne L. Mann on 10/10/2018. (Proujansky, Josh)
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Filing 6
SCHEDULING ORDER: Initial Conference is set for 11/29/2018 @ 12:00 p.m. in Courtroom 13C South, 225 Cadman Plaza East, Brooklyn, New York before Chief Mag. Judge Roanne L. Mann. SEE ATTACHED ORDER AND MANDATORY REQUIREMENTS FOR CONFERENCE. ****NOTE: bring the number of copies for distribution of the completed initial conference questionnaire to the conference that you will need. Ordered by Chief Mag. Judge Roanne L. Mann on 10/10/2018. (Kelson, Lise)
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Williams, Erica) |
| Filing 4 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Williams, Erica) |
| Filing 3 ANSWER to Complaint by Fagor America, Inc.. (Attachments: #1 Certificate of Service Certificate of Service re Verified Answer to Verified Complaint) (Fabiani, Michael) |
| ***SECOND NOTICE*** - the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to forward a completed Civil Cover Sheet, answering all questions including the ***CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page. (Williams, Erica) |
| NOTICE - the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to forward a completed Civil Cover Sheet, answering all questions including the ***CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page. (Williams, Erica) |
| Case Assigned to Judge Pamela K. Chen and Chief Mag. Judge Roanne L. Mann. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Williams, Erica) |
| Filing 2 NOTICE by Fagor America, Inc. re #1 Notice of Removal, (Attachments: #1 Exhibit Exhibit A - FILED Notice of Filing Notice of Removal [NYS]) (Fabiani, Michael) |
| Filing 1 NOTICE OF REMOVAL by Fagor America, Inc. from Supreme Court of the State of New York, Kings, case number 516264/2018E. ( Filing fee $ 400 receipt number 0207-10763645) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet with Rule 7.1 Disclosure Statement, #2 Exhibit Exhibit A - Summons & Verified Complaint, #3 Exhibit Exhibit B - Affidavit of Service from Summons & Verified Complaint) (Fabiani, Michael) (Attachment 1 replaced on 10/9/2018) (Williams, Erica). |
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| Defendant: Fagor America, Inc. | |
| Represented By: | Michael Fabiani |
| Represented By: | Barry L. Gerstman |
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| Plaintiff: Asha Bryan | |
| Represented By: | Matthew J Salimbene |
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