Irons v. Johnson et al
| Lauren Irons |
| Randolph Johnson and Domino's Pizza LLC |
| 1:2020cv05692 |
| November 23, 2020 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Roanne L Mann |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Auto Negligence |
| None |
Docket Report
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Order of Remand to State Court. In response to Magistrate Judge Roanne L. Manns December 21, 2020 Order to Show Cause, the defendant consented to remand this action to state court #10 . Accordingly, the Clerk of the Court is respectfully directed to remand the case to the Supreme Court of the State of New York for Kings County, case number 513474/2019, and thereafter close this case. Ordered by Judge Ann M. Donnelly on 1/8/2021. (Strong, Ardis)
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| Filing 10 Letter in Response to Order to Show Cause Dated December 21, 2020 by Domino's Pizza LLC (Kendric, Christopher) |
| Filing 9 Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann on December 21, 2021: The Court conducts a telephonic initial conference. By December 23, 2020, all parties must serve rule 26 disclosures. As discussed during the proceeding, the response to the Court's separate order to show cause as to why this case should not be remanded to state court is due by January 8, 2021. Pleadings may be amended and new parties added as of right until January 11, 2021. By March 12, 2021, the parties must file a joint letter-motion requesting a settlement conference. Fact discovery must be completed by April 12, 2021. Plaintiff's medical expert disclosures are due by April 30, 2021. Defendants' medical expert disclosures are due by May 10, 2021. Medical expert depositions shall be completed by May 31, 2021. The Court defers setting the deadline by which to request a premotion conference. (GM) |
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ORDER TO SHOW CAUSE: As discussed during the course of today's initial conference, this case was commenced in state court, by summons with notice, on June 18, 2019, followed by a verified complaint filed on or about September 23, 2019. The action was removed to this Court, on the basis of diversity jurisdiction, on November 23, 2020 - well outside the narrow exception to the one-year limit on removing diversity cases from state court. See 28 U.S.C. 1446(c)(1). The law is clear that defendants bear the burden of demonstrating the propriety of removal, see, e.g., O'Donnell v. AXA Equitable Life Ins. Co., 887 F.3d 124, 128 (2d Cir. 2018), and the removal statute is strictly construed against removal and in favor of remand[,] Ofori v. BJ's Wholesale Club, Inc., No. 18-CV-5940 (ENV) (SMG), 2019 WL 1785529, at *2 (E.D.N.Y. Mar. 7, 2019), adopted, 2019 WL 1748598 (E.D.N.Y. Apr. 18, 2019). In this case, it appears doubtful that defendants will be able to establish, by clear and convincing evidence, that plaintiff's delay in responding to the discovery demands concerning plaintiff's damages was the product of bad faith and a specific desire to prevent removal. See, e.g., Khakimova v. Acme Mkts., Inc. , 20-CV-02734 (ARR) (PK), 2020 WL 5511537, at *2-4 (E.D.N.Y. Sept. 14, 2020); Marin v. Sephora USA, Inc., No. 20 Civ. 3520 (CM), 2020 WL 3999711, at *5-7 (S.D.N.Y. July 15, 2020); Martinez v. Yordy, 16 Civ. 005 (BMC), 2016 WL 8711443, at *2-4 (E.D.N.Y. Feb. 19, 2016). Accordingly, defendants are directed to show cause, via ECF, by January 8, 2021, why the case should not be remanded to state court. Ordered by Magistrate Judge Roanne L. Mann on 12/21/2020. (GM)
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| Set/Reset Hearings: Initial Conference set for 12/21/2020 at 11:00 AM before Magistrate Judge Roanne L. Mann. (Proujansky, Josh) |
| Filing 8 CASE MANAGEMENT STATEMENT with Cover Letter to Magistrate Judge Mann (Attachments: #1 Initial Conference Questionnaire) (Kendric, Christopher) |
| Filing 7 NOTICE of Appearance by Darlene Miloski on behalf of All Plaintiffs (aty to be noticed) (Miloski, Darlene) |
| Filing 6 NOTICE of Appearance by Andres Javier Camacho on behalf of Randolph Johnson (aty to be noticed) (Attachments: #1 Demand for jury trial) (Camacho, Andres) |
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Filing 5
SCHEDULING ORDER: A telephonic initial conference will be held on December 21, 2020 at 11:00 a.m. before Magistrate Judge Roanne L. Mann. Counsel are directed to confer to jointly fill out and docket the attached questionnaire by December 18, 2020. *** To dial in to the initial conference, the parties are directed to call (877) 336-1839 and type in the access code 6672833. See attached. Ordered by Magistrate Judge Roanne L. Mann on 11/25/2020. (Proujansky, Josh) (Main Document 5 replaced on 11/25/2020) (Proujansky, Josh).
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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 Corporate Disclosure Statement by Domino's Pizza LLC identifying Other Affiliate Domino's, Inc. for Domino's Pizza LLC. (Attachments: #1 Certificate of Service) (Kendric, Christopher) |
| Filing 1 NOTICE OF REMOVAL by Domino's Pizza LLC ( Filing fee $ 400 receipt number ANYEDC-13727483) (Attachments: #1 Exhibit A - Summons with Notice, #2 Exhibit B - Verified Complaint, #3 Exhibit C - Affidavit of Service (Randolph Johnson), #4 Exhibit D - Affidavit of Service (Domino's Pizza LLC), #5 Exhibit E - Verified Answer (Domino's Pizza LLC), #6 Exhibit F - Verified Answer (Randolph Johnson), #7 Exhibit G - Demand for Damages, #8 Exhibit H - Response to Defendant's Demands, #9 Exhibit I - Job Summary Record, #10 Exhibit J - Print-Out From Michigan Division of Corporations, #11 Exhibit K - Print-Out From Delaware Division of Corporations, #12 Civil Cover Sheet) (Kendric, Christopher) |
| Case Assigned to Judge Ann M Donnelly and Magistrate Judge Roanne L. Mann. 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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