Maness v. Zillow Group, Inc.
| Moshe Maness |
| Zillow Group, Inc. |
| 1:2019cv04330 |
| July 26, 2019 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Ramon E Reyes |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 23, 2019. A more recent docket listing may be available from PACER.
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| Filing 13 REPLY in Support re #12 Response in Opposition to Motion, #11 Letter MOTION for Extension of Time to File Response/Reply In Opposition to Plaintiff's Motion for Reconsideration to remand case filed by Moshe Maness. (Balisok, Joseph) |
ORDER granting #11 Motion for Extension of Time to File Response/Reply. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 9/23/2019. (Reyes, Ramon)
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| Filing 12 RESPONSE in Opposition re #9 Letter MOTION for Reconsideration re #6 Amended Complaint, Order on Motion to Remand to State Court,,,, Scheduling Order, #8 Reply in Opposition requesting pre-motion conference, under this Court's rules, for a motion under Rule 60 filed by Zillow Group, Inc.. (Adler, Daniella) |
| Filing 11 Letter MOTION for Extension of Time to File Response/Reply In Opposition to Plaintiff's Motion for Reconsideration by Zillow Group, Inc.. (Adler, Daniella) |
| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Initial Conference Hearing held on 9/9/2019. Case called. Appearances and discussions held on the record. The Court adopts the parties Case Management Statement #10 and included the following deadlines 5. (a) expert witnesses are due 1/6/20 and (b) rebuttal expert witnesses are due 2/7/20. All discovery, including depositions of experts, shall be completed on or before 3/9/2020., Final Pretrial Conference set for 3/10/2020 at 10:30 AM in Courtroom 2E before Magistrate Judge Ramon E. Reyes, Jr, Status Conference set for 12/17/2019 at 2:00 PM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr. (FTR Log #2:14:21-2:45:04.) (Vertus, Miriam) |
| Filing 10 CASE MANAGEMENT STATEMENT (Adler, Daniella) |
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ELECTRONIC ORDER: Referring plaintiff's motion #9 for reconsideration to MJ Reyes for a report and recommendation. Ordered by Judge Frederic Block on 8/22/2019. (Innelli, Michael)
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SCHEDULING ORDER: By September 19, 2019 the defendant shall serve and file a response to plaintiff's motion #9 for reconsideration of the Court's electronic order dated 8/13/19 denying their motion to remand. Ordered by Judge Frederic Block on 8/15/2019. (Innelli, Michael)
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| Filing 9 Letter MOTION for Reconsideration re #6 Amended Complaint, Order on Motion to Remand to State Court,,,, Scheduling Order, #8 Reply in Opposition requesting pre-motion conference, under this Court's rules, for a motion under Rule 60 by Moshe Maness. (Balisok, Joseph) |
| Filing 8 REPLY in Opposition re #7 Letter MOTION to Remand to State Court by this Court sua sponte filed by Zillow Group, Inc.. (Adler, Daniella) |
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ELECTRONIC ORDER: Plaintiff's motion to remand #7 is DENIED because the Court has subject-matter jurisdiction whichever complaint is operative. If the original complaint is operative, the Court has subject-matter jurisdiction pursuant to 28 U.S.C. 1331. If the First Amended Complaint #6 is operative, the Court has subject-matter jurisdiction pursuant to 28 U.S.C. 1332 because the parties are completely diverse and the Court finds by a preponderance of the evidence that the amount in controversy exceeds $75,000. See 28 U.S.C. 1446(c)(2)(B); Pollock v. Trustmark Ins. Co. 367 F. Supp. 2d 293, 298 (E.D.N.Y. 2005) ("Attorney's fees can be considered as part of the amount in controversy where they are anticipated or awarded in the governing statute."). However, the Court does not decide at this juncture which complaint is operative; the question of whether the First Amended Complaint should be stricken as untimely is referred to Magistrate Judge Reyes to decide. Ordered by Judge Frederic Block on 8/13/2019. (Innelli, Michael)
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SCHEDULING ORDER: By August 13, 2019 the defendant shall serve and file a response to plaintiff's letter application #7 requesting that this case be remand back to New York Supreme Court, Kings County, because this court lacks subject matter jurisdiction. Ordered by Judge Frederic Block on 8/8/2019. (Innelli, Michael)
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| Filing 7 Letter MOTION to Remand to State Court by this Court sua sponte by Moshe Maness. (Balisok, Joseph) |
| Filing 6 AMENDED COMPLAINT against Zillow Group, Inc., filed by Moshe Maness. (Balisok, Joseph) |
| Filing 5 ANSWER to Complaint by Zillow Group, Inc.. (Adler, Daniella) |
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Filing 4
SCHEDULING ORDER: Initial Conference set for 9/9/2019 at 2:00 PM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes Jr., located in the United States Eastern District of New York Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. All counsel are required to attend, and plaintiff's counsel is directed to ensure that all counsel are aware of their obligation to appear. 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. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 9/4/2019. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/30/2019. (Vertus, Miriam)
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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. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Case assigned to Judge Frederic Block and Magistrate Judge Ramon E. Reyes, Jr. 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. (Bowens, Priscilla) |
| Filing 1 NOTICE OF REMOVAL by Zillow Group, Inc. from Supreme Court of New York County of Kings, case number 513513/2019. ( Filing fee $ 400 receipt number BNYEDC-11704525) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (Adler, Daniella) |
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| Defendant: Zillow Group, Inc. | |
| Represented By: | Daniella Adler |
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| Plaintiff: Moshe Maness | |
| Represented By: | Joseph Y Balisok |
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