Da Silva v. JDS Development LLC et al
| Marcos Gomes Da Silva |
| 9 Dekalb Fee Owner LLC and JDS Development LLC |
| 1:2021cv01170 |
| March 4, 2021 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| Peggy Kuo |
| Kiyo A Matsumoto |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 21, 2021. A more recent docket listing may be available from PACER.
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Order denying #23 Motion for Extension of Time to File Response/Reply and to submit partial response to Chambers or under seal as moot in light of #24 . So Ordered by Magistrate Judge Marcia M. Henry on 09/21/2021. (Heery-Hyatt, Micaela)
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Order of Remand to State Court, to Supreme Court of New York, Kings County, case number 507943/2020. Magistrate Judge Marcia M. Henry issued a minute entry and order on August 18, 2021, which ordered Defendants, in relevant part, to file a letter providing "(1) a statement regarding the citizenship of the Defendants' LLC members, [pursuant] to Local Civil Rule 81.1[.]" (See Min. Entry and Order, August 18, 2021.) As described by Defendants at #24 , Defendants failed to ascertain "the citizenship of the Defendants' LLC members," and thus have failed to provide the information required to comply with their obligations for confirming this Court's subject matter jurisdiction. Defendants, after conferring with Plaintiff's counsel, have withdrawn the Petition of Removal and request that the case be remanded to State Court. Accordingly, upon consent of the parties, the case is hereby remanded to the Supreme Court of New York, Kings County. The Clerk of Court is respectfully directed to immediately send a certified copy of this Order to the Clerk of the Supreme Court of New York, Kings County, note service on the docket, and close this case. Ordered by Judge Kiyo A. Matsumoto on 9/21/2021. (Rodriguez Armenta, Elena)
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ORDER granting #24 Motion to Withdraw #24 MOTION to Withdraw #18 Initial Conference Hearing. Ordered by Judge Kiyo A. Matsumoto on 9/21/2021. (Rodriguez Armenta, Elena)
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| Civil Case Terminated pursuant to Judge Matsumoto's Order for Remand to State Court dated 9/21/2021. (Tavarez, Jennifer) |
| Filing 24 MOTION to Withdraw #18 Initial Conference Hearing,,,,,, #23 Letter MOTION for Extension of Time to File Response/Reply and to submit partial response to Chambers or under seal by 9 Dekalb Fee Owner LLC, JDS Development LLC. (Jayson, Sherri) |
| Filing 23 Letter MOTION for Extension of Time to File Response/Reply and to submit partial response to Chambers or under seal by 9 Dekalb Fee Owner LLC, JDS Development LLC. (Jayson, Sherri) |
| Filing 22 NOTICE of Appearance by Erin K Hurley on behalf of Marcos Gomes Da Silva (aty to be noticed) (Hurley, Erin) |
| Filing 21 NOTICE of Consent to Change Attorney by Juliann Safko O'Meara (O'Meara, Juliann) |
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ORDER: In light of #20 Letter to court by former attorney of Defendants the request to withdraw is granted. Attorney Raymond Nabhani is terminated from the docket. So Ordered by Magistrate Judge Marcia M. Henry on 09/03/2021. (Heery-Hyatt, Micaela)
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| Filing 20 Letter Letter to court by former attorney of Defendants by 9 Dekalb Fee Owner LLC, JDS Development LLC (Nabhani, Raymond) |
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Order granting #19 Motion for Extension of Time to File Response/Reply as to #18 Initial Conference Hearing. Defendants' deadline to submit a letter pursuant to the 08/18/2021 Minute Entry and Order is extended from September 3, 2021 to September 17, 2021. Defendants shall serve their Rule 26(a)(1) disclosures by September 17, 2021. Counsel are reminded to adhere to Local Civil Rule 1.3(d) regarding change of firm or office address. So Ordered by Magistrate Judge Marcia M. Henry on 08/31/2021. (Heery-Hyatt, Micaela)
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Order denying #17 Motion to Withdraw as Attorney Raymond Nabhani without prejudice and with leave to renew. The motion does not comply with Local Civil Rule 1.4, which requires, inter alia, "a showing by affidavit or otherwise of satisfactory reasons for withdrawal or displacement and the posture of the case, including its position, if any, on the calendar, and whether or not the attorney is asserting a retaining or charging lien." Counsel shall refile the motion and ensure its compliance with Local Civil Rule 1.4. So Ordered by Magistrate Judge Marcia M. Henry on 08/31/2021. (Heery-Hyatt, Micaela)
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| Filing 19 Letter MOTION for Extension of Time to File Response/Reply as to #18 Initial Conference Hearing,,,,,, by 9 Dekalb Fee Owner LLC, JDS Development LLC. (Jayson, Sherri) |
| Filing 17 MOTION to Withdraw as Attorney Raymond Nabhani by 9 Dekalb Fee Owner LLC, JDS Development LLC. (Jayson, Sherri) |
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Filing 18
MINUTE ENTRY AND ORDER: A telephonic initial conference was held on 8/18/2021 before Magistrate Judge Marcia M. Henry. Carmine Goncalves, counsel for Plaintiff, and Sherri Jayson, counsel for Defendants, were present. As stated on the record, attorney Raymond Nabhani is no longer counsel of record. Defense counsel (including Mr. Nabhani) shall review Local Civil Rule 1.4 and file a motion to withdraw Mr. Nabhani as counsel by 08/20/2021. Defendants also shall file a letter of no more than four (4) pages by 09/03/2021 addressing the following: (1) a statement regarding the citizenship of the Defendants' LLC members, pursual to Local Civil Rule 81.1; (2) legal authority about the number of degrees of parent companies that must be considered for an LLC's citizenship for diversity jurisdiction; 0(3) legal authority to support the timeliness of Defendants' removal of this action from state court; (4) legal authority regarding whether failure to timely object to improper removal constitutes waiver. Counsel shall confer before the letter is filed.The Court adopts the attached Discovery Plan. Fact discovery will be completed by 12/17/2021 and the parties shall file a letter the same day certifying the close of fact discovery and indicating whether expert discovery is needed. All discovery will close on 05/11/2022. So Ordered by Magistrate Judge Marcia M. Henry on 08/18/2021. (AT&T Log # 4:33PM-5:06PM) (Castro, Ricardo)
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| Filing 16 Proposed Scheduling Order by 9 Dekalb Fee Owner LLC, JDS Development LLC (Jayson, Sherri) |
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Order granting #15 Motion to Adjourn Conference. The telephone initial conference scheduled for 08/03/2021 at 3:00PM is adjourned to 08/18/2021 at 4:30PM before Magistrate Judge Marcia M. Henry. All counsel must attend. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. The parties shall dial in five (5) minutes before the conference.The parties previously submitted a proposed discovery scheduling order on 06/03/2021 #12 . If the parties choose to revise their proposed discovery deadlines, they must do so by filing a joint and completed copy of the attached Proposed Discovery Plan on or before 08/13/2021. So Ordered by Magistrate Judge Marcia M. Henry on 07/29/2021. (Heery-Hyatt, Micaela)
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| Filing 15 MOTION to Adjourn Conference by 9 Dekalb Fee Owner LLC, JDS Development LLC. (Jayson, Sherri) |
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Filing 14
RESCHEDULING ORDER: Due to a scheduling conflict, the telephone initial conference originally scheduled for 08/05/2021 at 04:00PM is adjourned to 08/03/2021 at 3:00PM before Magistrate Judge Marcia M. Henry. All counsel must attend. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. The parties shall dial in five (5) minutes before the conference. Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. The parties previously filed a Proposed Scheduling Order on 06/03/2021 (DE 12 ). If the parties choose to revise their proposed discovery deadlines, they must do so by filing a joint and completed copy of the attached Proposed Discovery Plan on or before 07/29/2021. The form is available in PDF format at: #https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf ). So Ordered by Magistrate Judge Marcia M. Henry on 07/19/2021. (Attachments: #1 Proposed Discovery Plan, #2 Individual Practice Rules) (Castro, Ricardo)
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Filing 13
SCHEDULING ORDER: A telephone initial conference is schedule for 4:00PM on 08/05/2021 before Magistrate Judge Marcia M. Henry. All counsel must attend. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. The parties shall dial in five (5) minutes before the conference. Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. The parties previously filed a Proposed Scheduling Order on 06/03/2021 (DE #12 ). If the parties choose to revise their proposed discovery deadlines, they must do so by filing a joint and completed copy of the attached Proposed Discovery Plan on or before 07/29/2021. The form is available in PDF format at: #https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf. So Ordered by Magistrate Ju dge Marcia M. Henry on 07/14/2021. (Attachments: #1 Proposed Discovery Plan, #2 Individual Practice Rules) (Castro, Ricardo)
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| Case Reassigned to Magistrate Judge Marcia M. Henry. Magistrate Judge Peggy Kuo 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) |
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ORDER: In light of the pending reassignment of this case to another Magistrate Judge, the initial conference scheduled for June 14, 2021 before Magistrate Judge Kuo is adjourned sine die. Ordered by Magistrate Judge Peggy Kuo on 6/9/2021. (O'Neil-Berven, Ryan)
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| Filing 12 Proposed Scheduling Order by 9 Dekalb Fee Owner LLC, JDS Development LLC (Jayson, Sherri) |
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ORDER granting #10 Motion to Adjourn Conference. The Telephone Initial Conference is adjourned to June 14, 2021 at 11:00 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerks Office.) The deadline for the parties to file a joint and completed copy of the Proposed Discovery Plan remains June 3, 2021. Ordered by Magistrate Judge Peggy Kuo on 5/26/2021. (O'Neil-Berven, Ryan)
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| Filing 11 NOTICE of Appearance by Sherri Anne Jayson on behalf of All Defendants (notification declined or already on case) (Jayson, Sherri) |
| Filing 10 Letter MOTION to Adjourn Conference by 9 Dekalb Fee Owner LLC, JDS Development LLC. (Jayson, Sherri) |
| Filing 9 NOTICE of Appearance by Sherri Anne Jayson on behalf of All Defendants (notification declined or already on case) (Jayson, Sherri) |
| Filing 8 NOTICE of Appearance by Sherri Anne Jayson on behalf of All Defendants (notification declined or already on case) (Jayson, Sherri) |
| Filing 7 DEMAND for Trial by Jury by Marcos Gomes Da Silva (Goncalves, Carmine) |
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Filing 6
SCHEDULING ORDER: A Telephone Initial Conference will be held in this case on June 8, 2021 at 11:00 a.m. before Peggy Kuo, United States Magistrate Judge. All counsel are required to attend. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)Counsel are directed to the annexed Initial Conference Order for instructions. By June 3, 2021, the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: # https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Defendants' counsel is directed to ensure that Plaintiff is aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 3/8/2021. (O'Neil-Berven, Ryan)
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 4 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 3 Civil Cover Sheet.. by 9 Dekalb Fee Owner LLC, JDS Development LLC (Nabhani, Raymond) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit Civil Cover Sheet. (Bowens, Priscilla) |
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Peggy Kuo. 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) |
| Filing 2 Civil Cover Sheet.. by 9 Dekalb Fee Owner LLC, JDS Development LLC (Nabhani, Raymond) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court of New York, Kings County, case number 507943/2020. ( Filing fee $ 402 receipt number ANYEDC-14248636) (Attachments: #1 Exhibit A - Pleadings, #2 Exhibit B - Discovery Demands, #3 Exhibit C - Plaintiff's Discovery Responses) (Nabhani, Raymond) |
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