Elivert v. Ferreira et al
| Michel Elivert |
| Daniel Ferreira and Pav Express, Inc. |
| 1:2022cv00208 |
| January 13, 2022 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Roanne L Mann |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on February 3, 2022. A more recent docket listing may be available from PACER.
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| Filing 6 CLERK'S JUDGMENT: that the parties' motion to remand as moot; and that this case is closed. Signed by Brenna B. Mahoney, Clerk of Court By J. Poveda, Deputy Clerk on 2/3/2022. (Layne, Monique) |
| Filing 5 Letter MOTION to Remand to State Court enclosing Stipulation to be so-ordered by Daniel Ferreira, Pav Express, Inc.. (Attachments: #1 Exhibit Stipulation to Cap Damages and Remand) (Boeckle, Nicole) |
ORDER ADOPTING REPORT AND RECOMMENDATION: On January 19, 2022, the Honorable Roanne L. Mann issued the #4 Sua Sponte Report & Recommendation recommending that this case be remanded to state court. The parties have not filed any objections. Accordingly, the Court adopts Judge Mann's well-considered factual and legal conclusions, which are not clearly erroneous, and remands this case to state court for lack of subject matter jurisdiction. (See Urena v. New York, 160 F. Supp. 2d 606, 609-10 (S.D.N.Y. 2001) ("To accept the report and recommendation of a magistrate, to which no timely objection has been made, a district court need only satisfy itself that there is no clear error on the face of the record.").) Additionally, although the parties are free to enter into a stipulation, the Court will not so order any stipulation where, as here, it lacks jurisdiction. The parties' #5 Motion to Remand is denied as moot. The Clerk of Court is respectfully directed to enter judgment and close this case. Ordered by Judge Pamela K. Chen on 2/2/2022. (Mahkamova, Shirin)
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Filing 4
SUA SPONTE REPORT AND RECOMMENDATIONS re #1 Notice of Removal filed by Pav Express, Inc., Daniel Ferreira. The Court respectfully recommends that this action be remanded sua sponte to Supreme Court, Queens County, for lack of jurisdiction. Objections to R&R due by 2/2/2022. See attached. Ordered by Magistrate Judge Roanne L. Mann on 1/19/2022. (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) |
| CIVIL CASE FILING FEE: $ 402, receipt number BNYEDC-15194344 (Rolle, Lisa) |
| 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) |
| Case Assigned to Judge Pamela K. Chen 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) |
| Filing 1 NOTICE OF REMOVAL by Daniel Ferreira, Pav Express, Inc. from Queens Supreme, case number 726536/2021. (Attachments: #1 Civil Cover Sheet) (Rolle, Lisa) |
| The case of Elivert v. Fereira et al, has been opened in the Eastern District of New York. The case number is 22-cv-208. PLEASE NOTE: You must pay the case filing fee within seven (7) days. Select the event (Civil Case Filing Fee) and pay online. (Davis, Kimberly) |
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