Wagner v. Jamieson et al
| John Wagner |
| Ean Holding, LLC and Paul A Jamieson |
| Sennheiser Electronic Corp. |
| 1:2018cv05723 |
| October 12, 2018 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Vera M Scanlon |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1446 Petition for Removal- Personal Injury |
| Plaintiff |
Docket Report
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| Filing 12 ANSWER to Complaint , CROSSCLAIM against Sennheiser Electronic Corp. by Ean Holding, LLC. (Karlya, Joseph) |
Filing 11
SCHEDULING ORDER: As discussed during the 11/29/2018 conference (see attached order for additional detail and deadlines), all discovery must be completed by 5/31/2019. On or before 5/31/2019, the Parties will file a joint status report letter confirming that discovery is complete. An in person Status Conference is set for 4/9/2019 at 12:30 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. On or before 4/2/2019, the Parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. Plaintiff to make a demand by 1/31/2019. Defendant to respond within 2-3 weeks of demand. Ordered by Magistrate Judge Vera M. Scanlon on 11/29/2018. (Quinlan, Krista)
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| Filing 10 NOTICE of Appearance by Joseph John Karlya, III on behalf of Ean Holding, LLC, Paul A Jamieson (aty to be noticed) (Karlya, Joseph) |
| Filing 9 NOTICE of Appearance by Jason Meneses on behalf of Sennheiser Electronic Corp. (aty to be noticed) (Meneses, Jason) |
| Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 11/29/2018 in Courtroom 13A South. Richard Abend appearing for Plaintiff. Joseph Karlya, III, Kenneth Brown and Dominic Boone appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #3:39-4:00.) (Quinlan, Krista) |
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ORDER: Plaintiff's motion #5 to remand this matter to New York State Supreme Court is DENIED. On October 12, 2018, Defendant Sennheiser Electronic Corp. ("Sennheiser") removed this matter on the basis of complete diversity pursuant to 28 U.S.C. 1441(b). Defendant avers that there is complete diversity of citizenship between Plaintiff (a resident of Connecticut), Defendant Jamieson (a resident of Massachusetts), and Defendants Sennheiser and EAN Holding, LLC (Delaware corporations). Plaintiff does not challenge the complete diversity of citizenship of the parties. Instead, Plaintiff argues that (1) Defendant's removal was untimely because Defendants October 12, 2018 removal of this case occurred more than thirty days after Plaintiff served his complaint on Defendant on January 23, 2018; (2) the other defendants in this matter have not consented to removal; and (3) Defendant Sennheiser waived all jurisdictional defenses below. Plaintiff's arguments are unavailing. First, while 28 U.S.C. 1446(b)(1) requires that a defendant remove an action within thirty days of service of a complaint, 1446(b)(3) creates an exception for those cases where the grounds for removal are not stated by the initial pleading. In such cases, a notice of removal may be filed within 30 days after a defendant is put on notice by a pleading or other filing that a case is removable. Plaintiffs January 22, 2018 pleading did not state an amount in controversy. On September 14, 2018, in response to a demand filed by Defendant Sennhesier, Plaintiff notified Defendants that he was seeking $2 million in damages. After being put on notice of an amount-in-controversy that satisfied the jurisdictional requirements of 1332(a), Defendant Sennheiser timely filed a notice of removal on October 12, 2018. Second, while it is true that the other defendants in this matter have not consented to removal, such consent is only required where a party removes on the basis of original and not diversity jurisdiction. See 28 U.S.C. 1446(b)(2)(A). Third, while Defendant waived its jurisdictional defenses, including lack of jurisdiction due to improper service, it did not waive its right to remove this case to federal court. Put differently, simply because Defendant waived its right to challenge the New York State Supreme Court's jurisdiction, does not mean that the Defendant was barred from seeking to remove this matter to a different court that exercised concurrent jurisdiction. For these reasons, Plaintiff's motion to remand is DENIED. Ordered by Judge LaShann DeArcy Hall on 11/21/2018. (Valentin, Winnethka)
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| Filing 8 MEMORANDUM in Opposition to Plaintiff's Motion seeking to Remand Case filed by Sennheiser Electronic Corp.. (Harris, Warren) |
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ORDER granting consent #7 Motion to Adjourn Conference. At the request of the parties, the 11/7/2018 Initial Conference is rescheduled to 11/29/2018 at 3:30 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Counsel are reminded that any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference unless in an emergency. Ordered by Magistrate Judge Vera M. Scanlon on 11/6/2018. (Quinlan, Krista)
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| Filing 7 First MOTION to Adjourn Conference by John Wagner. (Abend, Richard) |
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ORDER: On October 26, 2018, Plaintiff filed a letter #5 requesting that the Court remand this matter back to state court. Defendant is directed to file a letter, not to exceed three pages, responding to Plaintiff's letter motion, on or before November 16, 2018. Ordered by Judge LaShann DeArcy Hall on 11/02/2018. (Williams, Erica)
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| Filing 6 Proposed Scheduling Order by Sennheiser Electronic Corp. (Harris, Warren) |
| Filing 5 First MOTION to Remand to State Court by John Wagner. (Abend, Richard) |
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Filing 4
SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 11/7/2018 at 10:00 AM before Magistrate Judge Scanlon in Courtroom 13A South. Plaintiff's counsel is directed to confirm with Defendants' counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 11/1/2018. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference unless in an emergency. Ordered by Magistrate Judge Vera M. Scanlon on 10/17/2018. (Quinlan, Krista)
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| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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. (Davis, Kimberly) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Vera M. Scanlon. 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. (Davis, Kimberly) |
| Filing 1 NOTICE OF REMOVAL by Sennheiser Electronic Corp. from Kings, case number 501449/18. ( Filing fee $ 400 receipt number ANYEDC-10830283) (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Civil Cover Sheet Civil Cover Sheet) (Harris, Warren) |
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