Li et. al. v. Universal Vision Holdings Corporation et. al.
| Yu Xuan Deng and Mei Li |
| Crowne Plaza Princeton, Intercontinental Hotels Group Resources, Inc. and Universal Vision Holdings Corporation |
| 1:2019cv00423 |
| January 22, 2019 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 5, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
ORDER REMANDING CASE. Defendants having failed to respond to this Court's Order to Show Cause, the case is REMANDED to the Supreme Court, Queens County, for lack of subject matter jurisdiction and failure to comply with the procedural requirements for removal. Ordered by Judge Brian M. Cogan on 2/5/2019. (Cogan, Brian)
|
| Filing 4 DEMAND for Trial by Jury by Mei Li (Levine, Andrew) |
| Filing 3 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 Brian M. Cogan. 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) |
|
ORDER TO SHOW CAUSE re: #1 Notice of Removal. Defendants are ordered to show cause by 2/4/2019 why the Court should not remand this action to state court in light of the following issues apparent in defendants' notice of removal: (1) defendant Universal has not consented to the removal, and all defendants must consent before an action may be removed to federal court, see Vargas v. Holden, No. 10 CIV. 8567 JGK, 2011 WL 446199, at *2 (S.D.N.Y. Feb. 8, 2011); (2) even if defendant Universal had consented to the removal, defendant Universal is a citizen of New York, see 28 U.S.C. 1332(c)(1), and an action cannot be removed when a defendant is a citizen of the forum state, see Lincoln Prop. Co. v. Roche, 546 U.S. 81, 84 (2005); (3) plaintiffs have not sufficiently alleged the citizenship of defendant Crowne Plaza Princeton, because in addition to being a citizen of Pennsylvania, it is also a citizen of the foreign state where it is incorporated, see 28 U.S.C. 1332(c)(1), and without that information the Court cannot discern whether there is complete diversity among the plaintiffs and defendants; and (4) simply alleging that plaintiffs suffered "serious personal injuries," without providing in the notice of removal any facts to support this conclusion where none are apparent from plaintiffs' state court complaint, does not establish that the amount-in-controversy requirement is satisfied to invoke federal jurisdiction, see Villafana v. So, No. 13 CIV. 180 KNF, 2013 WL 2367792, at *2 (S.D.N.Y. May 29, 2013). Ordered by Judge Brian M. Cogan on 1/28/2019. (Weisberg, Peggy)
|
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Filing 1 NOTICE OF REMOVAL by Crowne Plaza Princeton, Intercontinental Hotels Group Resources, Inc. from Supreme Court of the State of New York, County of Queens, Case Number 719374/2018. ( Filing fee $ 400 receipt number ANYEDC-11125066). Was the Disclosure Statement on the Civil Cover Sheet completed - No. (Attachments: #1 Civil Cover Sheet) (Rech, Patricia) Modified on 1/22/2019 (Flanagan, Doreen). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
