Dixon v. Stedman et al
| Terrance Dixon |
| Emily Stedman, Ross Anderson, Francis LoCoco and Husch Blackwell LLP |
| 1:2022cv03581 |
| June 17, 2022 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Rachel P Kovner |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1441 Petition for Removal- Fraud |
| None |
Docket Report
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| Filing 26 CERTIFICATE OF SERVICE by Ross Anderson, Husch Blackwell LLP, Francis LoCoco, Emily Stedman re #24 Memorandum in Opposition (Sarles, Matthew) |
| Filing 25 CERTIFICATE OF SERVICE by Ross Anderson, Husch Blackwell LLP, Francis LoCoco, Emily Stedman re #23 Reply in Support (Sarles, Matthew) |
| Filing 24 MEMORANDUM in Opposition re #20 Notice (Other) of Plaintiffs Motion for Civil Contempt filed by Ross Anderson, Husch Blackwell LLP, Francis LoCoco, Emily Stedman. (Attachments: #1 Declaration of Emily Stedman) (Sarles, Matthew) |
| Filing 23 REPLY in Support re #7 MOTION to Dismiss filed by Ross Anderson, Husch Blackwell LLP, Francis LoCoco, Emily Stedman. (Sarles, Matthew) |
| Filing 22 CERTIFICATE OF SERVICE by Ross Anderson, Husch Blackwell LLP, Francis LoCoco, Emily Stedman re #21 Memorandum in Opposition, (Sarles, Matthew) |
| Filing 21 MEMORANDUM in Opposition re #16 Notice (Other) of Plaintiffs Motion to Revoke Pro Hac Vice Admission filed by Ross Anderson, Husch Blackwell LLP, Francis LoCoco, Emily Stedman. (Attachments: #1 Declaration of Frank LoCoco, #2 Exhibit A) (Sarles, Matthew) |
| Filing 20 NOTICE of Plaintiffs Motion for Civil Contempt filed by Terrance Dixon (Herrera, Isaiah) |
| Filing 19 Plaintiffs Brief in Opposition re #7 MOTION to Dismiss filed by Terrance Dixon. (Herrera, Isaiah) |
| Filing 18 CERTIFICATE OF SERVICE by Ross Anderson, Husch Blackwell LLP, Francis LoCoco, Emily Stedman re Order on Motion for Leave to Appear Pro Hac Vice,,, #14 MOTION to Appear Pro Hac Vice (Heitkamp) Filing fee $ 150, receipt number ANYEDC-15727177., #13 MOTION to Appear Pro Hac Vice for Francis H. LoCoco Filing fee $ 150, receipt number ANYEDC-15727118. (Attachments: #1 Exhibit A - File-Stamped Motion for Admission Pro Hac Vice of Francis H. LoCoco with Supporting Affidavit and Exhibits, #2 Exhibit B - File-Stamped Motion for Admission Pro Hac Vice of Margaret K. Heitkamp with Supporting Affidavit and Exhibits, #3 Exhibit C - Registered Mail Receipt RF150198374US dated July 11, 2022, regarding mailing to T. Dixon) (Heitkamp, Margaret) |
ORDER: In light of plaintiff's motion for remand at #17 , defendants shall serve and file an opposition by 8/18/2022. Plaintiff may serve and file a reply, if any, by 9/1/2022. Ordered by Judge Rachel P. Kovner on 7/18/2022. (Andrews, Stephen)
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| Filing 17 MOTION to Remand to State Court , MOTION to Amend/Correct/Supplement Complaint by Terrance Dixon. (Herrera, Isaiah) |
| Filing 16 NOTICE of Plaintiffs Motion to Revoke Pro Hac Vice Admission by Terrance Dixon (Herrera, Isaiah) |
| Filing 15 DECLARATION re #8 Memorandum in Support, [SUPPLEMENTAL, by Francis H. LoCoco] by Ross Anderson, Husch Blackwell LLP, Francis LoCoco, Emily Stedman (LoCoco, Francis) |
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ORDER: The Court So Orders the proposed orders at ECF No. 13-2, granting Francis H. LoCoco's motion to appear pro hac vice, and ECF No. 14-2, granting Margaret K. Heitkamp's motion to appear pro hac vice. Ordered by Magistrate Judge Lois Bloom on 7/8/2022. (Yindra, Hannah)
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| Filing 14 MOTION to Appear Pro Hac Vice (Heitkamp) Filing fee $ 150, receipt number ANYEDC-15727177. by Ross Anderson, Husch Blackwell LLP, Francis LoCoco, Emily Stedman. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel (Heitkamp) pro hac vice with Certificates of Good Standing, #2 Proposed Order to Admit Counsel (Heitkamp) pro hac vice) (Heitkamp, Margaret) |
| Filing 13 MOTION to Appear Pro Hac Vice for Francis H. LoCoco Filing fee $ 150, receipt number ANYEDC-15727118. by Francis LoCoco. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel (LoCoco) pro hac vice with Certificates of Good Standing, #2 Proposed Order to Admit Counsel (LoCoco) pro hac vice) (LoCoco, Francis) |
| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE by Ross Anderson, Husch Blackwell LLP, Francis LoCoco, Emily Stedman (Attachments: #1 Exhibit A) (Sarles, Matthew) |
| Filing 11 CERTIFICATE OF SERVICE by Ross Anderson, Husch Blackwell LLP, Francis LoCoco, Emily Stedman re Order on Motion for Leave to Electronically File Document under Seal,,,,, (Attachments: #1 Exhibit A- 6.28.2022 Order) (Sarles, Matthew) |
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ORDER: Defendants seek #9 to file under seal their response to an Order to Show Cause explaining the basis for diversity jurisdiction. Defendants' response specifies the identity and citizenship of the members of defendant Husch Blackwell LLP. That filing is a judicial document, because it is relevant to the performance of the judicial function and useful in the judicial process. Brown v. Maxwell, 929 F.3d 41, 49 (2d Cir. 2019). Defendants ask that the document be placed under seal to protect its partners from threats or harassment from the plaintiff. But the identity of Husch Blackwell's partners, and the State in which those partners are based, appears to be listed on Husch Blackwell's website. Accordingly, defendants have not overcome the presumption of access that ordinarily attaches to judicial documents. See JetBlue Airways Corp. v. Helferich Patent Licensing, LLC, 960 F. Supp. 2d 383, 397 (E.D.N.Y. 2013) (holding that a party "cannot defeat the strong presumption of public disclosure where the material it seeks to seal is already in the public domain"); see also Jin v. Choi, No. 20-CV-9129 (MKV) (SDA), 2021 WL 3159808, at *1 (S.D.N.Y. June 17, 2021); Chigirinskiy v. Panchenkova, 319 F. Supp. 3d 718, 739 (S.D.N.Y. 2018). Defendants shall file their response to the Order to Show Cause on the docket by July 1, 2022. Ordered by Judge Rachel P. Kovner on 6/28/2022. (Andrews, Stephen)
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| Filing 10 CERTIFICATE OF SERVICE by Ross Anderson, Husch Blackwell LLP, Francis LoCoco, Emily Stedman re Order to Show Cause,,, Order, (Attachments: #1 Exhibit A - 6-22-2022 Order To Show Cause, #2 Exhibit B - 6-27-2022 Order) (Sarles, Matthew) |
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ORDER: In light of defendants' motion to dismiss at #7 , plaintiff is directed to serve and file an opposition brief on defendants by 7/27/2022. Defendants may serve and file a reply brief by 8/10/2022. Ordered by Judge Rachel P. Kovner on 6/27/2022. (Andrews, Stephen)
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| Filing 9 MOTION for Leave to Electronically File Document under Seal by Ross Anderson, Husch Blackwell LLP, Francis LoCoco, Emily Stedman. (Attachments: #1 Exhibit A - Proposed Sealed Document) (Sarles, Matthew) |
| Filing 8 MEMORANDUM in Support re #7 MOTION to Dismiss filed by Ross Anderson, Husch Blackwell LLP, Francis LoCoco, Emily Stedman. (Attachments: #1 Declaration of Emily Stedman, #2 Declaration Frank LoCoco, #3 Declaration Ross Anderson) (Sarles, Matthew) |
| Filing 7 MOTION to Dismiss by Ross Anderson, Husch Blackwell LLP, Francis LoCoco, Emily Stedman. (Sarles, Matthew) |
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ORDER TO SHOW CAUSE : Defendants removed this case on the basis of diversity jurisdiction under 28 U.S.C. 1332. See Not. of Removal (Dkt. #1). But defendants have not identified all members of defendant Husch Blackwell LLP and affirmatively alleged the citizenship of those members. For purposes of diversity jurisdiction, the citizenship of LLPs is based on the citizenship of each of its general and limited partners. See Handelsman v. Bedford Vill. Assocs. Ltd. Pship, 213 F.3d 48, 52 (2d Cir. 2000). The identity and citizenship of each general and limited partner must be specifically alleged. See United States Liab. Ins. Co. v. M Remodeling Corp., 444 F. Supp. 3d 408, 410 (E.D.N.Y. 2020). Accordingly, defendants shall show cause why this case should not be remanded to state court for lack of subject-matter jurisdiction by 7/7/2022. See 28 U.S.C. 1447(c). Ordered by Judge Rachel P. Kovner on 6/22/2022. (Andrews, Stephen)
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| Filing 6 MOTION to Remand to State Court by Terrance Dixon. (Herrera, Isaiah) |
| Filing 5 CERTIFICATE OF SERVICE by Ross Anderson, Husch Blackwell LLP, Francis LoCoco, Emily Stedman of Judge Kovner's Individual Practices to Plaintiff (Attachments: #1 Exhibit A) (Sarles, Matthew) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by Ross Anderson, Husch Blackwell LLP, Francis LoCoco, Emily Stedman (Sarles, Matthew) |
| Filing 1 NOTICE OF REMOVAL by Ross Anderson, Husch Blackwell LLP, Francis LoCoco, Emily Stedman from Supreme Court of the State of New York Co of Queens, case number 708708-2022. ( Filing fee $ 402 receipt number ANYEDC-15672017) (Attachments: #1 Exhibit A) (Sarles, Matthew) |
| Notice: Re: Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please submit Civil Cover Sheet. (Bowens, Priscilla) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Lois Bloom. 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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