Doe v. The City of New York et al
| John Doe |
| The City of New York, Raul Bartolome and New York City Health and Hospitals |
| 1:2020cv03258 |
| July 21, 2020 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1332 Diversity-Employment Discrimination |
| None |
Docket Report
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| Filing 8 First MOTION to Remand to State Court by Raul Bartolome, New York City Health and Hospitals, The City of New York. (Croushore, Amanda) |
ORDER granting #8 Motion to Remand to State Court; Order of Remand to Supreme Court, Kings County, case number 715869/2019. Ordered by Judge Brian M. Cogan on 8/4/2020. (Cogan, Brian)
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ORDER TO SHOW CAUSE. Defendants are ORDERED TO SHOW CAUSE by 8/7/2020 why this action should not be remanded to state court as improperly removed. Defendants purport to remove this action based on diversity of citizenship, but as New York citizens, they are not entitled to remove on diversity grounds. See 28 U.S.C. 1441(b)(2); Handelsman v. Belford Vill. Assocs. Ltd. P'ship, 213 F.3d 48, 50 n.2 (2d Cir. 2000); Rosenberg v. Shermiran Co.,LLC, 2020 WL 1953627, at *1 (S.D.N.Y. April 22, 2020) (A federal district court may sua sponte remand an action within 30 days of the filing of the notice of removal for a procedural defect, or at any time for a lack of subject matter jurisdiction); Bank of America, N.A. v. Krumholz, 2018 WL 4471639, at *2 (E.D.N.Y. Sept. 18, 2018) (remanding case sua sponte pursuant to 42 U.S.C. 1447(c) for procedural defect). Ordered by Judge Brian M. Cogan on 7/31/2020. (Clarke, Melonie)
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| Filing 7 SUMMONS Returned Executed by John Doe. Raul Bartolome served on 7/13/2020, answer due 8/3/2020. (Shirian, Mark) |
| Filing 6 First MOTION for Extension of Time to File Answer or Motion to Dismiss the Complaint by New York City Health and Hospitals, The City of New York. (Croushore, Amanda) |
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Filing 5
SCHEDULING ORDER: Initial Status Conference is set for 8/12/2020 at 11:30 AM and will be held by telephone. Parties are directed to use the toll-free number 888-684-8852 and access code 6427877#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 7/22/2020. (Weisberg, Peggy)
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ORDER granting #6 . City Defendants' time to file their answer extended to 9/11/2020. However, the Court is not inclined to adjourn any conferences or other deadlines in this case without good cause. Ordered by Judge Brian M. Cogan on 7/22/2020. (Weisberg, Peggy)
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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. (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 New York City Health and Hospitals, The City of New York (Croushore, Amanda) |
| Filing 1 NOTICE OF REMOVAL by New York City Health and Hospitals, The City of New York from New York Supreme, Kings County, case number 511209/2020. ( Filing fee $ 400 receipt number ANYEDC-13093162) (Attachments: #1 Exhibit Removed Case Index, #2 Removal Action Complaint) (Croushore, Amanda) |
| 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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