Valenzuela et al v. Western Express of New York et al
| Marcelo Valenzuela and Liseth Teran |
| Tyrone Barron, Western Express of New York and New Horizons Leasing Inc. |
| 1:2020cv00968 |
| February 21, 2020 |
| US District Court for the Eastern District of New York |
| Steven M Gold |
| William F Kuntz |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
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Filing 14
DECISION & ORDER: Plaintiffs Marcelo Valenzuela and Liseth Teran (collectively, "Plaintiffs") filed a Complaint in the Supreme Court of New York, County of Queens against defendants Western Express of New York, New Horizons Leasing Inc., and Tyrone Barron (collectively, "Defendants") seeking, inter alia, damages for personal injuries and loss of consortium. Compl., ECF No. #1 - #1 . Defendant removed the action to this Court on the basis of diversity of citizenship jurisdiction. Notice of Removal 3-9, ECF No. #1 . On July 16, 2020, Plaintiff filed a motion to remand the action to state court for untimeliness of the motion. Pls. Mot. to Remand at 2-4, ECF No. #11 . Defendant opposes remand. Decl. of Keith A. Raven in Opp'n 2, ECF No. #13 ("Def. Opp."). For the reasons stated above, Plaintiff's motion to remand, ECF No. #11 , is GRANTED. The Clerk of Court is respectfully directed to remand this action to the New York Supreme Court, Queens County and close this case. So Ordered by Judge William F. Kuntz, II on 11/25/2020. (Love, Alexis)
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| Filing 13 AFFIDAVIT/DECLARATION in Opposition re #11 Notice of MOTION to Remand to State Court filed by All Defendants. (Attachments: #1 Demand for damages upon both plaintiffs, #2 Good faith letters, #3 Queens County Supreme Court November 27, 2018 Order, #4 Preliminary Conference Order, #5 Compliance Conference Order, #6 Queens County Supreme Court January 7, 2020 Order, #7 Note of Issue with Certificate of Readiness, #8 Notice of Removal filed on February 27, 2020, #9 Affidavit of Service) (Raven, Keith) |
| Filing 12 REPLY in Opposition to the motion to remand filed by All Plaintiffs. (Attachments: #1 Exhibit motion practice and discovery in State Court action) (Sfouggatakis, Andrew) |
| Filing 11 Notice of MOTION to Remand to State Court by Liseth Teran, Marcelo Valenzuela. (Attachments: #1 Exhibit State Court Pleadings, #2 Exhibit EDNY Notice of Removal and Docket Report, #3 Exhibit Order re: Prior Removal Attempt, #4 Exhibit State Court Docket Sheet, #5 Exhibit Bills of Particulars) (Sfouggatakis, Andrew) |
| Filing 10 Letter re: Reply Papers on the open motion by Liseth Teran, Marcelo Valenzuela (Sfouggatakis, Andrew) |
| Filing 9 Letter by Tyrone Barron, New Horizons Leasing Inc., Western Express of New York (Raven, Keith) |
| Filing 8 Letter re: motion to remand by Liseth Teran, Marcelo Valenzuela (Sfouggatakis, Andrew) |
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Filing 7
ORDER: In light of the COVID-19 outbreak and the 30-day extension of the Coronavirus Guidelines for America ordered by the President of the United States on March 29, 2020, the Court hereby adjourns the pre-motion conference currently scheduled for April 15, 2020 as moot and orders the following briefing schedule regarding Plaintiffs' motion to remand and motion for attorneys' fees: Plaintiffs will submit a motion and briefing on all related issues no later than Friday, May 8, 2020 by 5:00 P.M.; Defendants will respond no later than Friday, June 19, 2020 by 5:00 P.M.; Plaintiffs will reply no later than Friday, July 17, 2020 by 5:00 P.M. As a courtesy to the Court, the Court requests the parties refrain from filing motion papers until the motion has been fully briefed. If the parties elect to file their motion only once it is fully briefed, the notice of motion and all supporting papers are to be served on the other party along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter shall be electronically filed in advance of the fully briefed motion, and it must be filed as a letter, not as a motion. On the day the motion is fully briefed, each party shall electronically file their individual motion papers by 5:00 P.M. on July 17, 2020. Plaintiffs shall also mail a complete set of courtesy copies of all motion papers, via overnight mail, to the Court, attention of The Honorable William F. Kuntz, II. SO Ordered by Judge William F. Kuntz, II on 3/30/2020. (Ramesar, Thameera)
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| Filing 6 Letter Response to Plaintiffs' Pre-Motion Conference Letter by Tyrone Barron, New Horizons Leasing Inc., Western Express of New York (Raven, Keith) |
| Filing 5 Letter MOTION to Remand to State Court (pre-motion conference requested), Letter MOTION for Attorney Fees by Liseth Teran, Marcelo Valenzuela. (Sfouggatakis, Andrew) |
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ORDER denying #5 motion to remand to state court; denying #5 motion for attorneys' fees. The Court will conduct a pre-motion conference before the Honorable Judge William F. Kuntz, II in Courtroom 6H North on Wednesday, April 15, 2020 at 12:00 Noon regarding Plaintiffs' anticipated motion to remand to state court and motion for attorneys' fees. So Ordered by Judge William F. Kuntz, II on 3/2/2020. (Stykes, Jacqueline)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Case Assigned to Judge William F. Kuntz, II and Magistrate Judge Steven M. Gold. 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 2 Civil Cover Sheet.. Re #1 Notice of Removal, by Tyrone Barron, New Horizons Leasing Inc., Western Express of New York (Raven, Keith) |
| Filing 1 NOTICE OF REMOVAL by Tyrone Barron, New Horizons Leasing Inc., Western Express of New York from Supreme Court New York, County of Queens, case number 711286/2018. ( Filing fee $ 400 receipt number ANYEDC-12428718) (Attachments: #1 Exhibit A through M) (Raven, Keith) |
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