Pierre v. Capital One Bank et al
| Cynthia Pierre |
| Capital One Bank d/b/a Capital One Financial Corporation, Richard D. Fairbank and Capital One Bank doing business as Captial One Financial Corporation |
| 1:2021cv00030 |
| January 4, 2021 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Pamela K Chen |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Petition for Removal - Employment Discrim |
| Plaintiff |
Docket Report
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| Filing 13 Letter dtd. 1/26/21 from Pro Se Pltff. Cynthia Pierre to Judge Chen and Mag. Judge Bloom, enclosing the correctly filed Affidavit of Service served by a friend on 12/8/2020. (Attachments: #1 Affidavit of Service). (Layne, Monique) |
| Filing 12 Letter MOTION for pre motion conference regarding anticipated motion to dismiss plaintiff's Third Amended Complaint by Capital One Bank. (Cardin, Kelly) |
| Filing 11 CERTIFICATE OF SERVICE by Capital One Bank re #9 Memorandum in Opposition, #10 Affidavit (Cardin, Kelly) |
| Filing 10 AFFIDAVIT/AFFIRMATION re #9 Memorandum in Opposition to Plaintiff's Motion to Remand by Capital One Bank (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Cardin, Kelly) |
| Filing 9 MEMORANDUM in Opposition to Plaintiff's Motion to Remand filed by Capital One Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Cardin, Kelly) |
Filing 8
ORDER: In light of plaintiff's motion to remand, ECF No. 7, and Judge Chen's January 18, 2021 Order setting the briefing schedule for plaintiff's motion, the conference scheduled for January 26, 2021 is hereby adjourned. Ordered by Magistrate Judge Lois Bloom on 1/20/2021. (Wilhelm, Samantha)
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ORDER: The Court construes Plaintiff's #7 objection to the #1 notice of removal as a motion for remand. Defendant Capital One Bank ("Capital One") shall respond to that motion by February 2, 2021. Specifically, Capital One should address the general rule that all Defendants must join a notice of removal, subject to certain exceptions like failure to serve. See Snakepit Auto., Inc. v. Superperformance Int'l, LLC, 489 F. Supp. 2d 196, 201-02 (E.D.N.Y. 2007); see also Johnson v. County of Suffolk, 280 F. Supp. 3d 356, 360 (E.D.N.Y. 2017) ("When a party challenges the removal of an action from state court, the burden falls on the removing party to establish its right to a federal forum by competent proof." (internal quotations and citation omitted)). Though Capital One alleges in its #1 notice of removal that Defendant Fairbank was not properly served, Plaintiff suggests in her #7 motion for remand that Attorney Kelly Cardin was served pursuant to state court instructions, and that Attorney Cardin had accepted service on behalf of Defendants with respect to other filings in the state court action. In its response, Capital One should address whether service upon its CEO and Chairman, Defendant Fairbank, through Attorney Cardin was properly effectuated pursuant to the New York Civil Practice Law and Rules. Attorney Cardin should also submit an affidavit establishing whether and on whose behalf she entered a notice of appearance in state court, and addressing whether she had accepted service on behalf of other Defendants in this action. Separately, the [1-2] affidavit of service as to the [1-1] Third Amended Complaint contains deficiencies in that the affidavit was (1) dated prior to its stated date of service, and (2) signed by Plaintiff, not by the person who effected service. Capital One also alleges in its #1 notice of removal that Plaintiff's stated date of service as to the Third Amended Complaint was incorrect. By February 2, 2021, Plaintiff should submit a corrected affidavit of service containing the correct dates, and signed by the person who effected service. Ordered by Judge Pamela K. Chen on 1/18/2021. (Li, Caroline)
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| Filing 7 NOTICE OF OBJECTION TO ( #1 Notice of Removal), REMOVAL OF STATE CIVIL CASE TO FEDERAL COURT, filed by pro se Pltff. Cynthia Pierre. W/Aff. of Service of Initiating Papers and Aff. Of Service. (Recvd. on 1/15/21) (Layne, Monique) |
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Filing 6
ORDER: Defendant Capital One Bank removed this employment discrimination case from Kings County Supreme Court on January 4, 2021. ECF No. 1. Defendant requests a 30-day extension of time to respond to plaintiff's Third Amended Complaint. ECF No. 5. Defendant informs the Court that it requested pro se plaintiffs consent, but that plaintiff declined to consent to the extension stating that she intends to oppose the case's removal to this Court. As extensions of time are generally granted as a courtesy, especially a first request for an extension, the request is granted. Defendant shall respond to plaintiff's Third Amended Complaint by February 10, 2021.The Court shall hold a telephone conference in this case on January 26, 2021 at 12:00 p.m. The parties shall call the Chambers telephone conference line at (888) 363-4734 and use the access code 4444221 promptly at 12:00 p.m. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 1/8/2021. (Wilhelm, Samantha)
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| Filing 5 Letter MOTION for Extension of Time to File Answer move or otherwise respond to Plaintiff's Third Amended Complaint by Capital One Bank. (Cardin, Kelly) |
| Filing 4 NOTICE of Appearance by Jessica Rose Schild on behalf of Capital One Bank (aty to be noticed) (Schild, Jessica) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 2 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 Pamela K. Chen and Magistrate Judge Lois Bloom. 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 1 NOTICE OF REMOVAL by Capital One Bank d/b/a Capital One Financial Corporation from Supreme Court, Kings County, case number 805-2020. ( Filing fee $ 402 receipt number ANYEDC-13932430) (Attachments: #1 Exhibit A - Third Amended Summons and Complaint, #2 Exhibit B - Affidavit of Service, #3 Civil Cover Sheet) (Cardin, Kelly) |
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