Hong et al v. West et al
| TAI ZI HONG and TIAN YIN |
| ERNEST C. WEST, YAZOUR GROUP SYSTEMS LLC and Yazour Group Systems |
| 1:2020cv05134 |
| October 26, 2020 |
| US District Court for the Eastern District of New York |
| Cheryl L Pollak |
| Eric N Vitaliano |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Auto Negligence |
| None |
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Filing 14
STIPULATION AND ORDER re #13 Stipulation filed by Tian Yin, Tai Zi Hong. The stipulation to remand the instant action to state court is So Ordered. The Clerk of Court is directed to remand this case to state court and to close this docket. So Ordered by Judge Eric N. Vitaliano on 12/21/2020. (Almonte, Giselle)
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| Filing 13 STIPULATION to Remand by Tai Zi Hong, Tian Yin (Louros, Steven) |
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ORDER: The parties are directed to file a stipulation to remand by 12/23/2020. Ordered by Judge Eric N. Vitaliano on 12/16/2020. (Guo, Alicia)
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| Filing 12 NOTICE of Appearance by Steven Louros on behalf of Tai Zi Hong, Tian Yin (notification declined or already on case) (Louros, Steven) |
| Filing 11 DECLARATION by Tai Zi Hong, Tian Yin (Louros, Steven) |
| Filing 10 AFFIDAVIT/AFFIRMATION by Tai Zi Hong, Tian Yin (Louros, Steven) |
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ORDER: The request for a pre-motion conference is denied. According to the pre-motion letter #7 the only basis upon which remand is sought is that there is no demonstration that the amount in controversy requirement has been satisfied. Rule 11 requires that there be a good faith basis for the making of a motion, which means in this case plaintiffs have a good faith basis to believe that the amount in controversy does not exceed $75,000 per claim. In order to proceed, within 30 days from the date of this order, plaintiffs will file a stipulation capping damages on each claim at no more than $75,000 or, alternatively, plaintiffs can file a declaration that plaintiffs have no reason to believe that damages will exceed $75,000 on any single claim. Should plaintiffs make such a filing, the Court will set a briefing schedule on the proposed motion. Otherwise, the proposed motion to remand is denied. Ordered by Judge Eric N. Vitaliano on 12/7/2020. (Guo, Alicia)
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| MINUTE ENTRY for Initial Conference proceeding held before Chief Magistrate Judge Cheryl Pollak on 12/4/2020. Appearance for plaintiff: Steven Louros. Appearance for defendant: Lisa M. Rolle. Question pending before the district court regarding subject matter jurisdiction. Discovery stayed. (Caggiano, Diana) |
| Filing 9 Letter Response to Plaintiffs' Request for Pre-Motion Conference by Ernest C. West, Yazour Group Systems (Rolle, Lisa) |
| Filing 8 Corporate Disclosure Statement by Yazour Group Systems (Rolle, Lisa) |
| Filing 7 Letter to request a pre-motion conference by Tai Zi Hong, Tian Yin (Louros, Steven) |
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ORDER terminating #6 Notice of Motion to Remand to State Court: Pursuant to the Court's Individual Motion Practice and Rules, "a pre-motion conference with the Court must be requested before making any motion" for remand. Rule III(A). If permission to file a motion is granted, then, "the parties are to jointly file a letter proposing a briefing schedule for Court approval." Rule III(B). "No party is to serve any motion paper prior to obtaining court approval of the schedule." Furthermore, "no motion paper shall be filed until the motion has been fully briefed." Rule III(D). Plaintiffs have filed an unauthorized motion for remand #6 which fails to comply with these rules. Accordingly, the motion at #6 is terminated, and all parties are directed to review the Court's Individual Rules. Plaintiffs may file any request for a pre-motion conference by November 17, 2020 and defendants shall respond, pursuant to the Court's Individual Rules, by December 1, 2020. Ordered by Judge Eric N. Vitaliano on 11/10/2020. (Guo, Alicia)
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| Filing 6 Notice of MOTION to Remand to State Court by Tai Zi Hong. (Attachments: #1 Declaration, #2 Memorandum in Support, #3 Exhibit Summons and complaint, #4 Exhibit Answer, #5 Exhibit Defendants'Notice of Removal, #6 Exhibit Defendant's notice of Deposition, #7 Affidavit Affidavit of service) (Louros, Steven) |
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Filing 5
SCHEDULING ORDER: An Initial Conference is set for 12/4/2020 @ 2:45 PM before Chief Magistrate Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 2:45 PM. Enter Access code: 380-1746 and security code: 20-5134. So Ordered by Chief Magistrate Cheryl L. Pollak on 10/29/2020. (Caggiano, Diana)
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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. Please refer to all corrections made on this case. (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) |
| Case Assigned to Judge Eric N. Vitaliano and Chief Magistrate Cheryl L. Pollak. 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 2 Civil Cover Sheet.. Re #1 Notice of Removal by ERNEST C. WEST, YAZOUR GROUP SYSTEMS LLC (Rolle, Lisa) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please submit a completed 2 Form Page Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) |
| FILING FEE: $ 400, receipt number BNYEDC-13583715 (Davis, Kimberly) |
| Filing 1 NOTICE OF REMOVAL by ERNEST C. WEST, YAZOUR GROUP SYSTEMS LLC from Queens Supreme, case number 712489/2020. (Attachments: #1 Exhibit) (Rolle, Lisa) |
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