Agha v. Ramirez et al
| Rukhsana Y. Agha |
| JB Hunt Transport Inc. and Jose L. Ramirez |
| 1:2021cv00997 |
| February 24, 2021 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| William F Kuntz |
| Ramon E Reyes |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| None |
Docket Report
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| Case Reassigned to Judge William F. Kuntz, II. Judge Dora Lizette Irizarry no longer assigned to the case. 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. (Mahoney, Brenna) |
ORDER REASSIGNING CASE. Case reassigned to Judge Dora Lizette Irizarry and Magistrate Judge Ramon E. Reyes, Jr for all further proceedings. Judge William F. Kuntz, II, Magistrate Judge Sanket J. Bulsara no longer assigned to case 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. Ordered by Chief Judge Margo K. Brodie on 3/9/2021. (Bowens, Priscilla)
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| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE by JB Hunt Transport Inc., Jose L. Ramirez (Attachments: #1 Exhibit A - Notice of Removal, #2 Exhibit B- Verified Answer, #3 Exhibit C- Summary Order of Remand, #4 Exhibit D- Letter) (Barrett, Derek) |
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ORDER TO SHOW CAUSE: This civil action was initiated in New York State Supreme Court, Queens County, on December 7, 2018. (Verified Compl. dated Dec. 7, 2018, attached as Ex. A to Notice of Removal dated Feb. 24, 2021, Dkt. No. #1 ). Defendant J.B. Hunt Transport, Inc. was served on December 17, 2018, and Defendant Jose L. Ramirez was served on December 18, 2018. (Notice of Removal dated Feb. 24, 2021, para. 4). On or about January 25, 2021, Plaintiff issued a settlement demand for $750,000. (Id. para. 5). On February 24, 2021, Defendants filed a notice of removal pursuant to 28 U.S.C. 1441(a), alleging that this Court has subject-matter jurisdiction based on diversity of citizenship under 1332. (Id. para. 6). Under 28 U.S.C. 1446(b)(1), a "notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based." And "if the case stated by the initial pleading is not removable, a notice of removal may be filed within thirty days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable." Id. 1446(b)(3). In cases where the initial pleading does not state a removable case, such "case may not be removed... on the basis of jurisdiction conferred by section 1332 more than 1 year after commencement of the action, unless the district court finds that the plaintiff has acted in bad faith in order to prevent a defendant from removing the action." Id. 1446(c)(1). By 3/8/2021, Defendants are directed to show cause why this Court has removal jurisdiction. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/1/2021. (Altreuter, Sylvia) Modified on 3/1/2021 (Altreuter, Sylvia).
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| Filing 7 NOTICE of Appearance by Derek E Barrett on behalf of All Defendants (aty to be noticed) (Barrett, Derek) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 5 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 4 Corporate Disclosure Statement by JB Hunt Transport Inc., Jose L. Ramirez identifying Corporate Parent J.B. Hunt Transport, Inc. for JB Hunt Transport Inc.. (Luis, Anthony) |
| Filing 3 Civil Cover Sheet.. Re #1 Notice of Removal, by JB Hunt Transport Inc., Jose L. Ramirez (Luis, Anthony) (Main Document 3 replaced on 2/25/2021) (Lee, Tiffeny). |
| Filing 2 Letter / Demand Letter from the Plaintiff's Attorney by JB Hunt Transport Inc., Jose L. Ramirez (Luis, Anthony) |
| Filing 1 NOTICE OF REMOVAL by JB Hunt Transport Inc., Jose L. Ramirez from Supreme Court, Queens County, case number 718780/2018. ( Filing fee $ 402 receipt number ANYEDC-14194912) (Attachments: #1 Exhibit Exhibit "A" - Summons & Complaint, #2 Affidavit Affidavit of Service to Notice of Removal, #3 Exhibit Demand Letter from the Plaintiff, #4 Civil Cover Sheet Civil Cover Sheet) (Luis, Anthony) (Attachment 4 replaced on 2/25/2021) (Lee, Tiffeny). |
| Case Assigned to Judge William F. Kuntz, II and Magistrate Judge Sanket J. Bulsara. 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) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) |
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