Nobi v. Cluff et al
| Resma Nobi |
| Howard Nelson Cluff and American Armored Transport, Inc. |
| 1:2021cv02509 |
| May 5, 2021 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Ramon E Reyes |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. ยง 1441 Petition for Removal- Tort/Motor Vehicle ( |
| None |
Docket Report
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This docket was last retrieved on June 11, 2021. A more recent docket listing may be available from PACER.
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| Civil Case Terminated pursuant to Electronic Order of Remand. This action is remanded to the New York Supreme Court, Queens County, under Index No. 717662/2020. ***A certified copy of Order of Remand and docket sent via regular mail to Queens County Supreme Court, Civil Term, 88-11 Sutphin Boulevard, Jamaica, NY 11435.ATTN: Index No.:717662/2020 (Layne, Monique) |
ORDER OF REMAND TO STATE COURT: In light of Defendants' #6 second request to withdraw its #1 Notice of Removal, which explains that "[a]t this time, it does appear that there is no longer complete diversity jurisdiction between the parties which served as the sole basis for the federal jurisdiction in this action," the Court reconsiders and reverses its previous determination that removal was proper under 28 U.S.C. Section 1332. Therefore, this case is remanded to New York Supreme Court, Queens County, under Index No. 717662/2020, for lack of federal subject matter jurisdiction. Following remand, the Clerk of Court is respectfully directed to mark this case as closed. Ordered by Judge Pamela K. Chen on 6/10/2021. (Irving, Louisa)
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| Filing 6 Letter Second Letter to the Court Re: Withrawing Notice of Removal by American Armored Transport, Inc., Howard Nelson Cluff (Matthews, Brian) |
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Filing 5
SCHEDULING ORDER: Video Initial Conference set for 6/23/2021 at 10:00 AM before Magistrate Judge Ramon E. Reyes, Jr. The parties are directed to appear via video using the Cisco Webex Meeting invitation link sent to the email addresses listed on the docket and all other participates may join by phone using the Toll number: 1-650-479-3207 and Access code: 172 232 2865. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 6/18/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 6/9/2021. (Vertus, Miriam)
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ORDER: As Plaintiff has not moved for remand, the Court finds that the case should move forward. An Initial Conference may be scheduled by the Honorable Ramon E. Reyes, Jr., Magistrate Judge, at his convenience. Ordered by Judge Pamela K. Chen on 6/9/2021. (Irving, Louisa)
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ORDER: Having reviewed Defendants' #1 Notice of Removal, the Court finds that Defendants have established jurisdiction pursuant to 28 U.S.C. Section 1332 to remove this case to federal court because the parties are citizens of different states, and because the amount in controversy is more than $75,000, as evidenced by Plaintiff's April 2, 2021 Response to Demand for Ad Damnum demanding $1,500,000 in damages. See Moltner v. Starbucks Coffee Co., 624 F.3d 34 (2d Cir. 2010). Pursuant to 28 U.S.C. Section 1447, Plaintiff has until June 4, 2021 to move to remand this case on the basis of any defect other than lack of subject matter jurisdiction. Ordered by Judge Pamela K. Chen on 5/10/2021. (Irving, Louisa)
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| Filing 4 Letter to Court Re Notice of Removal by American Armored Transport, Inc., Howard Nelson Cluff (Matthews, Brian) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Ramon E. Reyes, Jr. 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) |
| 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) |
| Filing 3 Civil Cover Sheet.. Re #1 Notice of Removal,, #2 Corporate Disclosure Statement by American Armored Transport, Inc., Howard Nelson Cluff (Matthews, Brian) |
| Filing 2 Corporate Disclosure Statement by American Armored Transport, Inc., Howard Nelson Cluff (Matthews, Brian) |
| Filing 1 NOTICE OF REMOVAL by American Armored Transport, Inc., Howard Nelson Cluff from Supreme Queens, case number 717662/2020. ( Filing fee $ 402 receipt number ANYEDC-14442320) (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Verified Answer w_ efile conf notice, #3 Exhibit Initial Demands on Plaintiff, #4 Exhibit Plaintiff's Response to Demand Ad Damnum, #5 Exhibit Preliminary Conference Stipulation, #6 Exhibit BoP and SUpp BoP - Redacted, #7 Exhibit Notice to Admit and Response) (Matthews, Brian) |
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