Kasten v. Aramark Sports and Entertainment, LLC et al
| Diane Kasten |
| Chase Cramer and Aramark Sports and Entertainment, LLC |
| 1:2020cv06011 |
| December 9, 2020 |
| US District Court for the Eastern District of New York |
| Roanne L Mann |
| Roslynn R Mauskopf |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Personal Injury |
| Defendant |
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Filing 8
SCHEDULING ORDER: A telephonic initial conference will be held on February 24, 2021 @ 12:00 p.m. before Magistrate Judge Roanne L. Mann. SEE ATTACHED: ORDER, INITIAL CONFERENCE QUESTIONNAIRE, AND MANDATORY REQUIREMENTS FOR CONFERENCE.Counsel are directed to confer to jointly fill out and docket the attached questionnaire by 3:00 p.m. on February 22, 2021. *** To dial in to the initial conference, the parties are directed to call (877) 336-1839 and type in the access code 6672833.If the parties are initially unable to connect to the call, please try again as the third-party conference call system has been overloaded at times.Ordered by Magistrate Judge Roanne L. Mann on 1/21/2021. (LK) Modified to 2/22/21 and corrected "20211" on 1/21/2021 (LK).
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| Filing 7 ANSWER to Complaint by Aramark Sports and Entertainment, LLC. (Paessler, Robert) |
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ELECTRONIC ORDER granting #6 Motion to Remain in Federal Court. In response to this Court's Order to Show Cause dated December 10, 2020 ("OTSC"), DE #5, defendant Aramark Sports and Entertainment Services, LLC ("Aramark") has filed a seven-page declaration detailing the contents of plaintiff Kasten's medical records, see Declaration of Robert N. Paessler (Dec. 17, 2020), DE #6. The Court admonishes Aramark for (1) publicly revealing, without authorization, plaintiff's confidential medical history, and (2) ignoring the caselaw, cited at pages 2-3 of the OTSC, reflecting the legal principle that the burden of satisfying the $75,000 jurisdictional threshold cannot be met simply by characterizing a plaintiff's injuries without a quantification of damages from the plaintiff. Nor does plaintiff's counsel's demand letter of December 16, 2020 (DE #6-1) retroactively establish the existence of federal jurisdiction at the time this case was removed to this Court on December 9, 2020. Simply put, Aramark should have sought a damages demand from plaintiff before removing this action from state court, and its removal was therefore premature.That said, this Court will not now recommend remand, but warns Aramark that in future cases, such premature removals will not be tolerated. The Clerk is respectfully requested to docket DE #6 under seal. Ordered by Magistrate Judge Roanne L. Mann on 12/18/2020. (Proujansky, Josh)
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| Filing 6 First MOTION for Order to Show Cause by Aramark Sports and Entertainment, LLC. (Attachments: #1 Exhibit Exhibit A Pltf Demand Letter) (Paessler, Robert) |
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Filing 5
ORDER TO SHOW CAUSE re #1 Notice of Removal, filed by Aramark Sports and Entertainment, LLC. For the reasons discussed, the removing defendant is directed to show cause, via ECF, by December 17, 2020, why the matter should not be remanded to state court. See attached. Ordered by Magistrate Judge Roanne L. Mann on 12/10/2020. (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. (Bowens, Priscilla) (Main Document 4 replaced on 12/9/2020) (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) |
| Filing 2 DISCLOSURE of Interested Parties by Aramark Sports and Entertainment, LLC. (Bowens, Priscilla) |
| Filing 1 NOTICE OF REMOVAL by Aramark Sports and Entertainment, LLC from Supreme Court County of Queens, case number 717430/2020. ( Filing fee $ 402 receipt number BNYEDC-13810336) (Attachments: #1 Exhibit Summons & Complaint, #2 Exhibit Affidavit of Service, #3 Exhibit Civil Cover Sheet, #4 Exhibit Consent to Removal, #5 Exhibit Rule 7.1 Statement) (Paessler, Robert) |
| Case Assigned to Chief Judge Roslynn R. Mauskopf 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. (Bowens, Priscilla) |
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