Roman v. The Stop & Shop Supermarket Company LLC
| Benjamin Roman |
| The Stop & Shop Supermarket Company LLC |
| 1:2021cv03443 |
| June 18, 2021 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Vera M Scanlon |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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| Document Text |
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| Civil Case Terminated. See Order dated 6/24/2021. (Gonzalez, Fida) |
ORDER OF REMAND TO STATE COURT: In light of the parties' #7 stipulation that the amount in controversy is in fact less than $75,000, 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, Kings County, under Index No. 505275/2021, 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 6/24/2021. (Irving, Louisa)
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| Filing 7 MOTION to Consolidate Cases , MOTION to Remand to State Court by The Stop & Shop Supermarket Company LLC. (Capitolo, Christine) |
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ORDER: Having reviewed Defendant's #1 Notice of Removal, the Court finds that Defendant has 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 June 8, 2021 demand for at least $1 million in damages. See Moltner v. Starbucks Coffee Co., 624 F.3d 34, 38 (2d Cir. 2010). Pursuant to 28 U.S.C. Section 1447, Plaintiff has until July 19, 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 6/23/2021. (Irving, Louisa)
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| 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) |
| 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) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Vera M. Scanlon. 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 4 NOTICE of Appearance by Bruce Anthony Torino on behalf of The Stop & Shop Supermarket Company LLC (aty to be noticed) (Torino, Bruce) |
| Filing 3 NOTICE of Appearance by Sasha Shafeek on behalf of The Stop & Shop Supermarket Company LLC (aty to be noticed) (Shafeek, Sasha) |
| Filing 2 Civil Cover Sheet.. by The Stop & Shop Supermarket Company LLC (Capitolo, Christine) |
| Filing 1 NOTICE OF REMOVAL by The Stop & Shop Supermarket Company LLC from Supreme Court, Kings County, case number 505275/2021. ( Filing fee $ 402 receipt number ANYEDC-14579230) (Attachments: #1 Appendix Notice of Petition for Removal, #2 Exhibit Exhibit A- Summons & Complaint, #3 Exhibit Exhibit B-Defense Answer, #4 Exhibit Exhibit C-3017 DMD, #5 Exhibit Exhibit D-Notice of Removal from State Court) (Capitolo, Christine) |
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| Plaintiff: Benjamin Roman | |
| Represented By: | Emil J. Sanchez |
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| Defendant: The Stop & Shop Supermarket Company LLC | |
| Represented By: | Christine M. Capitolo |
| Represented By: | Sasha Shafeek |
| Represented By: | Bruce Anthony Torino |
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