136-61 Roosevelt LLC v. Starbucks Corporation
| 136-61 Roosevelt LLC |
| Starbucks Corporation |
| 1:2021cv03560 |
| June 23, 2021 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Real Property: Other |
| 28 U.S.C. ยง 1441 Petition For Removal--Other Contract |
| Plaintiff |
Docket Report
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Filing 7
MEMORANDUM DECISION AND ORDER/Order of Remand to State Court; Because defendant has failed to adequately allege diversity of citizenship, the case is remanded to the Supreme Court, Queens County case number 712119/2021. (Ordered by Judge Brian M. Cogan on 7/2/2021 ) *Certified copy mailed. (Guzzi, Roseann)
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| Filing 6 Letter in response to the Court's sua sponte Order to Show Cause by Starbucks Corporation (Attachments: #1 Exhibit A, #2 Exhibit B) (Jackowski, Wojciech) |
| Filing 5 NOTICE of Appearance by Benjamin Zev Koblentz on behalf of 136-61 Roosevelt LLC (aty to be noticed) (Koblentz, Benjamin) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 3 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) |
| Case Assigned to Judge Brian M. Cogan. 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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ORDER TO SHOW CAUSE. Defendant is ORDERED TO SHOW CAUSE by 7/1/21 why this case should not be remanded to state court for lack of subject matter jurisdiction. An allegation that "upon information and belief, Plaintiff does not have any members who are citizens of the State of Washington," is inadequate to invoke this Court's subject matter jurisdiction. See Bayerische Landesbank, New York Branch v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012); 147-149 McCarren LLC v. Holding De Gestiion Turistica MIJ Spain S.L., No. 21-cv-950, 2012 WL 878557 (E.D.N.Y. March 9, 2021) U.S. Liab. Ins. Co. v. M Remodeling Corp., 444 F. Supp. 3d 408, 410 (E.D.N.Y. 2020). In addition, defendant has failed to allege sufficient facts to establish its own citizenship. See 28 U.S.C. 1332(c). Ordered by Judge Brian M. Cogan on 6/24/2021. (Clarke, Melonie)
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| 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. (Davis, Kimberly) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by Starbucks Corporation (Jackowski, Wojciech) |
| Filing 1 NOTICE OF REMOVAL by Starbucks Corporation from Supreme Court of the State of New York, County of Queens, case number 712119/2021. ( Filing fee $ 402 receipt number BNYEDC-14594196) (Attachments: #1 Exhibit A) (Jackowski, Wojciech) |
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| Plaintiff: 136-61 Roosevelt LLC | |
| Represented By: | Lori Anker Nott |
| Represented By: | Benjamin Zev Koblentz |
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| Defendant: Starbucks Corporation | |
| Represented By: | Wojciech Jackowski |
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