Kishmareia v. Carragio et al
| Nona Kishmareia |
| Tekuna Jaiani and Buster E. Carragio |
| 1:2021cv02660 |
| May 12, 2021 |
| US District Court for the Eastern District of New York |
| Roanne L Mann |
| Eric N Vitaliano |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Plaintiff |
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Filing 8
Order Dismissing Parties: Party Tekuna Jaiani terminated. Notice of Withdrawal and Consent to Transfer #7 has been granted. So Ordered by Judge Eric N. Vitaliano on 5/24/2021. (Herrera, Isaiah)
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| CASE: 1:21-cv-02660 DETAILS: Case transferred from New York Eastern has been opened in District of New Jersey [LIVE] as case 3:21-cv-11680, filed 05/24/2021. (Marziliano, August) |
| Filing 7 NOTICE by Nona Kishmareia of Consent to Transfer (Pager, William) |
| Filing 6 Voluntary WITHDRAWAL of Claim against TEKUNA JAINI by Nona Kishmareia. (Pager, William) |
| Filing 5 First MOTION to Amend/Correct/Supplement by Nona Kishmareia. (Pager, William) |
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ORDER denying without prejudice #5 Motion to Amend/Correct/Supplement. Like plaintiff's complaint, today's response from plaintiff's counsel to this Court's May 13th Order to Show Cause is replete with errors. For example, while plaintiff purports to withdraw the claims against two defendants, "Tekuna and Kakha Jaiani, only" (DE #5), the complaint names as defendants only Buster Carriagio and Tekuna Jaiani (see DE #1), and does not name as a defendant or otherwise mention a Kakha Jaiani. To the extent that plaintiff is prepared to withdraw the claims against defendant Tekuna Jaiani, plaintiff must file as a separate document, by May 21, 2021, a voluntary withdrawal of those claims; by that same date, and consistent with the representations in today's letter from counsel, plaintiff shall file a consent to transfer the remaining claims to the District of New Jersey. Plaintiff's dropping of the claims against Tekuna Jaiani and any transfer of the case from this District to another district should not be construed as a judicial ruling as to whether or not the dropped party is a necessary defendant. Ordered by Magistrate Judge Roanne L. Mann on 5/18/2021. (LK)
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ORDER granting #4 Motion for Extension of Time to File Response/Reply. Ordered by Magistrate Judge Roanne L. Mann on 5/17/2021. (LK)
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| Filing 4 First MOTION for Extension of Time to File Response/Reply by Nona Kishmareia. (Pager, William) |
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ORDER TO SHOW CAUSE re #1 Complaint, filed by Nona Kishmareia. According to the Complaint in this case (DE #1), plaintiff is a resident of Kings County, New York, see Compl. para. 1, as is Tekuna Jaiani, one of two defendants named herein, see id. para. 3. Hence, contrary to the assumption in the pleading, see id. para. 4, complete diversity is lacking. Plaintiff is therefore directed, by May 17, 2021, to either voluntarily withdraw this case or show cause, via ECF, why the case should not be dismissed for lack of subject matter jurisdiction. (In the event that plaintiff now claims that defendant Jaiani resides outside New York State, plaintiff must, by that same date, show cause why the case should not be transferred to the District of New Jersey, where the subject accident occurred, inasmuch as plaintiff has not identified a basis for venue in the Eastern District of New York.) Ordered by Magistrate Judge Roanne L. Mann on 5/13/2021. (Proujansky, Josh)
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| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| 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. (Davis, Kimberly) |
| Filing 1 COMPLAINT NONA KISHMAREIA against All Defendants filing fee $ 402, receipt number ANYEDC-14463483 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by NONA KISHMAREIA. (Attachments: #1 Civil Cover Sheet) (Pager, William) |
| Case Assigned to Judge Eric N. Vitaliano 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. (Davis, Kimberly) |
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