Perla v. Best Buy Stores, L.P.
| Bursztein Perla |
| Best Buy Stores, L.P. |
| 1:2019cv05788 |
| October 14, 2019 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Dora Lizette Irizarry |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 11, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Case transferred to the U.S. District Court, Southern District Of N.Y., per Electronic Order dtd. 12/11/2019. Original file sent Electronically via ECF. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.. Ordered by Chief Judge Dora Lizette Irizarry on 12/11/2019. (Layne, Monique)
|
|
ORDER granting #8 Motion to Amend/Correct/Supplement and TRANSFERRING CASE TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK - This case originally was filed in New York State Supreme Court, New York County and removed to this Court by defendant based on diversity jurisdiction pursuant to 28 U.S.C. 1332. Defendant now seeks to transfer this case to the U.S. District Court for the Southern District of New York ("SDNY") alleging that it was inadvertently remanded to this Court in error. As an initial matter, the motion should have been filed as a motion to transfer venue not as a motion to amend/correct/supplement. Second, to date, plaintiff has not responded to the motion as it is required to do by the Federal Rules of Civil Procedure and this Court's Local Rules. By letter filed November 22, 2019, defendant asserts that plaintiff has indicated that plaintiff does not object to the transfer of this case to SDNY. Plaintiff has not indicated otherwise. As such, the motion is deemed unopposed and consented to.This case action could have been brought in the SDNY as much of the underlying alleged conduct took place there. Accordingly, the Court finds it is in the interest of justice to transfer this action to the SDNY. See, 28 U.S.C. 1404(a) ("For the convenience of the parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.") Accordingly, the Clerk of the Court is directed to TRANSFER this case to the U.S. District Court for the Southern District of New York and to close this case. The Court defers to the transferee court a ruling on plaintiff's motion to remand to state court. SO ORDERED by Chief Judge Dora Lizette Irizarry on 12/11/2019. (Irizarry, Dora)
|
| Filing 11 Letter to transfer to SDNY by Best Buy Stores, L.P. (Levine, Mitchell) |
| Filing 10 First MOTION to Remand to State Court by Bursztein Perla. (Attachments: #1 Declaration Declaration, #2 Memorandum in Support Memo of Law, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I) (Healy, James) |
| Filing 9 NOTICE of Appearance by James Lee Healy on behalf of Bursztein Perla (aty to be noticed) (Healy, James) |
| Filing 8 First MOTION to Amend/Correct/Supplement for an Order to transfer to SDNY by Best Buy Stores, L.P.. (Attachments: #1 Exhibit Notice of Removal, #2 Exhibit SDNY CIS, #3 Exhibit EDNY CIS) (Levine, Mitchell) |
| Filing 7 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 6 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 Chief Judge Dora Lizette Irizarry and Magistrate Judge Sanket J. Bulsara. 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 5 Civil Cover Sheet.. by Best Buy Stores, L.P. (Levine, Mitchell) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed EDNY Civil Cover Sheet. The Civil Cover Sheet that has been uploaded is an SDNY Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| Filing 4 Corporate Disclosure Statement by Best Buy Stores, L.P. (Levine, Mitchell) |
| Filing 3 Corporate Disclosure Statement by Best Buy Stores, L.P. (Levine, Mitchell) |
| Filing 2 Civil Cover Sheet.. by Best Buy Stores, L.P. (Levine, Mitchell) |
| Filing 1 NOTICE OF REMOVAL by All Defendants Best Buy Stores, L.P. and Best Buy Co., Inc. from Supreme New York County, case number 154914/2019. ( Filing fee $ 400 receipt number ANYEDC-11940440) (Attachments: #1 Exhibit S&C, #2 Exhibit Service of Process via CT Corp, #3 Exhibit Plaintiff Response to Combined Demands, #4 Exhibit NYS DOS, #5 Affidavit AOS to Notice of Removal) (Levine, Mitchell) |
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
| Search for this case: Perla v. Best Buy Stores, L.P. | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Bursztein Perla | |
| Represented By: | James Lee Healy |
| Represented By: | Joseph F. Sullivan |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Best Buy Stores, L.P. | |
| Represented By: | Mitchell B. Levine |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
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.
