Aguilar v. Republic of Austria et al
| Manuel Aguilar |
| Republic of Austria and Permanent Mission of Austria to the United Nations |
| 1:2022cv02292 |
| April 22, 2022 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Roanne L Mann |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| None |
Docket Report
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ORDER DISMISSING CASE -- As stipulated and agreed by and between the parties in the #7 Stipulation of Dismissal filed on May 17, 2022, this action is hereby dismissed without prejudice. The Clerk of Court is respectfully directed to close this case. Ordered by Judge Diane Gujarati on 5/19/2022. (Almonte, Kelly)
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| Filing 7 STIPULATION of Dismissal without prejudice by Permanent Mission of Austria to the United Nations, Republic of Austria (Harnik, Stephen) |
| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE by Manuel Aguilar (Miklos, Daniel) |
| Filing 5 NOTICE of Appearance by Daniel Patrick Miklos on behalf of Manuel Aguilar (aty to be noticed) (Miklos, Daniel) |
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ORDER re #1 Notice of Removal, filed by Permanent Mission of Austria to the United Nations, Republic of Austria. Having reviewed defendants' response (DE #4) to this Court's 4/25/22 Order to Show Cause, and given plaintiff's lack of position regarding defendants' two-day delay in removing the action from state court (DE #6), this Court concludes that defendants have shown cause for enlarging the deadline nunc pro tunc by two days; accordingly, the Court will not recommend that the case be remanded back to state court. Both sides seek additional time to discuss the service issue raised by defendants (see DE #4 at 3; DE #6 at 1). Their requests are granted as follows: Counsel are directed to confer and, by May 17, 2022, defendants shall either answer the complaint or, if they intend to move to dismiss the case for ineffective service, shall file a request for a premotion conference before Judge Gujarati; in the alternative, if the parties have agreed to dismiss the case (either with or without prejudice), they shall file a stipulation of discontinuance by that date. Counsel are advised that any written request that this Court take judicial action must be docketed as an ECF motion event. Finally, in light of the Consent to Change Attorney filed in state court on April 27, 2022 (after the case had already been removed to federal court), the Clerk is respectfully requested to terminate the appearance of Roy Silverberg, Esq. Ordered by Magistrate Judge Roanne L. Mann on 5/2/2022. (Proujansky, Josh)
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ORDER terminating #4 Motion for Extension of Time to File. Defendants' response (DE #4) to the April 25th Order to Show Cause misconstrues what this Court was directing defendants to do ; as they have now explained why they believe the case should not be remanded to state court on account of their two-day delay in removing the action, they have satisfied their obligation under the Order to Show Cause and there thus is no need for the requested 21-day extension "to move by Order to Show Cause" (DE #4 at 1). By May 2, 2022, plaintiff shall respond to the portion of defendants' April 26th letter regarding the timeliness of removal. Any motion regarding the sufficiency of service should, in the first instance, be addressed to the District Court (Judge Gujarati) and should comply with her Individual Rules. Ordered by Magistrate Judge Roanne L. Mann on 4/27/2022. (LK)
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| Filing 4 Letter MOTION for Extension of Time to File Order to Show Cause by Permanent Mission of Austria to the United Nations, Republic of Austria. (Harnik, Stephen) |
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ORDER TO SHOW CAUSE re #1 Notice of Removal, filed by Permanent Mission of Austria to the United Nations, Republic of Austria. Based on the Notice of Removal, defendants removed this action more than 30 days after defendants were served on March 21, 2022. A district court may, within 30 days of the filing of the notice of removal, order remand sua sponte based on such a procedural defect. See Jimenez-Castro v. Greenwich Ins. Co., 20-CV-09210 (ALC), 2020 WL 7352505, at *2 (S.D.N.Y. Dec. 15, 2020). Defendant is now directed to show cause, via ECF, by May 2, 2022, why the action should not be remanded to state court for untimely removal. Ordered by Magistrate Judge Roanne L. Mann on 4/25/2022. (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) |
| Filing 1 NOTICE OF REMOVAL by All Defendants Republic of Austria and Permanent Mission of Austria to the United Nations from Supreme Court of New York, County of Queens, case number 704974/2022. ( Filing fee $ 402 receipt number ANYEDC-15498388) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit to Notice of Removal) (Harnik, Stephen) |
| Case Assigned to Judge Diane Gujarati 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) |
| 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) |
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