Prescott v. U.S. Concrete, Inc. et al
| Kathryn Prescott |
| U.S. Concrete, Inc., Ferrara Bros., LLC and Patrick Caroccia |
| 1:2022cv00303 |
| January 19, 2022 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Nicholas G Garaufis |
| Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal- Auto Negligence |
| Defendant |
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Filing 15
STIPULATION AND ORDER TO REMAND TO STATE COURT AND TO WITHDRAW MOTION TO REMAND. So Ordered by Judge Nicholas G. Garaufis on 3/1/2022. (Certified copy of Stipulation and Order to Remand mailed to Supreme Court Kings County, Case Number 501154/2022.) (Lee, Tiffeny)
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| Filing 14 Letter to Hon. Nicholas G. Garaufis re: Stipulation and Order [Proposed] to Remand Case to State Court and to Withdraw Motion to Remand by Kathryn Prescott (Mitchell, Jeffrey) |
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Filing 13
STIPULATION and Order [Proposed] to Remand Case to State Court and to Withdraw Motion to Remand by Kathryn Prescott (Mitchell, Jeffrey)
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| Filing 12 NOTICE by Kathryn Prescott Plaintiff's Certification of Arbitration Eligibility (Mitchell, Jeffrey) |
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ORDER: The court is in receipt of Plaintiffs' #10 Motion to Remand to State Court. Defendants are DIRECTED to file a response by March 4, 2022, and Plaintiff is DIRECTED to file a reply, if any, by March 18, 2022. Pursuant to the undersigned's individual rule IV.B, once the motion is fully briefed, the original moving party shall be responsible for filing the full set of papers on ECF and, as necessary, providing Chambers with a full set of courtesy copies of the motion papers together with a cover letter specifying each document in the package. Ordered by Judge Nicholas G. Garaufis on 2/11/2022. (Katz, Jennifer)
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| Filing 11 Letter to Hon. Nicholas G. Garaufis requesting oral argument on Motion to Remand, ECF No. 10 by Kathryn Prescott (Mitchell, Jeffrey) |
| Filing 10 Notice of MOTION to Remand to State Court by Kathryn Prescott. (Attachments: #1 Memorandum in Support, #2 Declaration of Jeffrey A. Mitchell in Support, #3 Exhibit 1: Police Accident Report, #4 Exhibit 2: Complaint, #5 Exhibit 3: Petition for Removal, #6 Exhibit 4: Letter, 1/27/2022, #7 Exhibit 5: Letter, 1/28/2022, #8 Exhibit 6: Letter, 1/28/2022, #9 Declaration of Kathryn Prescott in Support, #10 Exhibit A: Permanent Resident Card, #11 Exhibit B: Flatbush Lease, #12 Exhibit C: Crown Heights Lease, #13 Exhibit D: Shipping Receipt) (Mitchell, Jeffrey) |
| Filing 9 Letter to Hon. Nicholas G. Garaufis in reply to Defendants' Letter by Kathryn Prescott (Mitchell, Jeffrey) |
| Filing 8 Letter response by Patrick Caroccia, Ferrara Bros., LLC, U.S. Concrete, Inc. (Schwartz, Bryan) |
| Filing 7 Letter to Hon. Nicholas G. Garaufis requesting pre-motion conference by Kathryn Prescott (Mitchell, Jeffrey) |
| 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) |
| Filing 4 Civil Cover Sheet.. Re #2 Jury Demand, #3 Corporate Disclosure Statement, #1 Notice of Removal by PATRICK CAROCCIA, FERRARA BROS., LLC, U.S. CONCRETE, INC. (Schwartz, Bryan) |
| Filing 3 Corporate Disclosure Statement by PATRICK CAROCCIA, FERRARA BROS., LLC, U.S. CONCRETE, INC. identifying Corporate Parent Vulcan Materials Company for FERRARA BROS., LLC, U.S. CONCRETE, INC.. (Schwartz, Bryan) |
| Filing 2 DEMAND for Trial by Jury by PATRICK CAROCCIA, FERRARA BROS., LLC, U.S. CONCRETE, INC. (Schwartz, Bryan) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court Kings County, case number 501154/2022. ( Filing fee $ 402 receipt number ANYEDC-15206384) (Attachments: #1 Exhibit Exhibit A - Summons and Complaint) (Schwartz, Bryan) |
| Case Assigned to Judge Nicholas G. Garaufis and Magistrate Judge James R. Cho. 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) |
| 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) |
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