Bologna et al v. Wilson et al
| Jean Claude Bologna and Ghilda T. Bologna |
| Michael A. Wilson and Jewell Leasing, LLC |
| 1:2020cv00955 |
| February 21, 2020 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Steven M Gold |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
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Filing 14
SCHEDULING ORDER: A telephonic initial conference will be held on April 30, 2020 at 12:00 p.m. before the undersigned. Counsel for all parties must participate. Counsel shall confer with each other, complete the attached initial conference questionnaire and electronically file two days prior to the conference. Counsel are directed to call 877-336-1839 ACCESS CODE 3482793 at the time of the conference. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 4/1/2020. (Attachments: #1 Chamber's Individual Rules) (Gillespie, Saudia)
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| Filing 13 CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Steven M. Gold for all further proceedings. Judge Brian M. Cogan no longer assigned to case 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. (Guzzi, Roseann) |
| Filing 12 CONSENT to Jurisdiction by US Magistrate Judge by Ghilda T. Bologna. (Belushin, Vel) |
| Filing 11 ANSWER to Complaint by All Defendants. (Rolle, Lisa) |
| Set/Reset Hearing: Initial Status Conference set for 4/1/2020 shall proceed as a telephone conference and the time is reset from 10:30 am to 12:30 pm. The parties are directed to use the toll-free number 888-684-8852 and access code 6427877# to participate in the call and are reminded to comply with the mandatory requirements set forth at #10 and shall ECF file a completed case management prior to the conference. (Weisberg, Peggy) |
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Filing 10
SCHEDULING ORDER: Initial Status Conference is set for 4/1/2020 at 10:30 AM in Chambers 704S. SEE ATTACHED MANDATORY REQUIREMENTS FOR THE CONFERENCE. Furthermore, defendants should know that "residency" is not the same thing as citizenship for diversity jurisdiction purposes. See Krause v. Forex Exchange Market, Inc., 356 F. Supp. 2d 332, 335 (S.D.N.Y. 2005). Defendants should thus be prepared to satisfy the Court as to the citizenship of Jewell Leasing, LLC at the Initial Status Conference or face remand back to state court. Ordered by Judge Brian M. Cogan on 3/10/2020. (Weisberg, Peggy)
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| Filing 9 DECLARATION in Support of Removal by Jewell Leasing, LLC, Michael A. Wilson (Rolle, Lisa) |
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ORDER granting #8 . Defendants' response to the order to show cause due by 3/11/2020. Ordered by Judge Brian M. Cogan on 3/6/2020. (Weisberg, Peggy)
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| Filing 8 First MOTION for Extension of Time to File Response/Reply as to Order to Show Cause,, by Jewell Leasing, LLC, Michael A. Wilson. (Rolle, Lisa) |
| Filing 7 DISCLOSURE of Interested Parties by Jewell Leasing, LLC, Michael A. Wilson. (Rolle, Lisa) |
| Filing 6 APPLICATION #5 for Refund of Fees Paid Electronically Ordered by Clerk of Court on 2/25/2020. (Marziliano, August) |
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ORDER TO SHOW CAUSE. Defendants shall show cause by 3/3/2020 why this case should not be remanded to Queens County Supreme Court for lack of subject matter jurisdiction. First, defendants have failed to properly allege the citizenship of the defendant LLC because the citizenship of an LLC is neither the state where it is formed nor its principal place of business. See Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012). Second, the Notice of Removal asserts that the complaint seeks more than $75,000 in damages, but there is no such allegation in the complaint. Ordered by Judge Brian M. Cogan on 2/25/2020. (Weisberg, Peggy)
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| Filing 5 Letter MOTION for Refund of Fees Paid Electronically by Jewell Leasing, LLC, Michael A. Wilson. (Attachments: #1 Exhibit A - Receipts) (Rolle, Lisa) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| 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) |
| Filing 2 Civil Cover Sheet.. by Jewell Leasing, LLC, Michael A. Wilson (Rolle, Lisa) |
| Filing 1 NOTICE OF REMOVAL by Jewell Leasing, LLC, Michael A. Wilson from Supreme Court of the State of New York, Queens County, case number 701054/2020. Disclosure Statement on Civil Cover Sheet completed -yes, (Attachments: #1 Civil Cover Sheet, #2 Exhibit A) (Bowens, Priscilla) Modified on 2/24/2020 (Bowens, Priscilla). |
| FILING FEE: $ 400.00, receipt number ANYEDC-12426869 (Bowens, Priscilla) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
| 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) |
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