Gonzalez Jr. et al v. Najera et al
| Jose Gonzalez Jr., Jessica Arias, Mercedes Arias and Minerva Gonzalez |
| Juan Diego Juarez Najera and Laura Berenice Juarez |
| 1:2022cv04487 |
| July 29, 2022 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Auto Negligence |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 22, 2022. A more recent docket listing may be available from PACER.
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| Filing 9 Letter dated September 22, 2022 by Jessica Arias, Mercedes Arias, Minerva Gonzalez, Jose Gonzalez Jr. (Demidov, Andrey) |
ORDER DISMISSING CASE. Plaintiffs' letter #9 is deemed to be a notice of voluntary dismissal under Rule 41(a). Ordered by Judge Brian M. Cogan on 9/22/2022. (Cogan, Brian)
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ORDER granting #8 . A new date for defendants to answer or move will be set at the Initial Status Conference previously scheduled for 9/23/2022. As part of the submissions required for that conference, plaintiffs shall explain to the Court what the good faith basis is under Rule 11 for asserting that defendants are subject to personal jurisdiction, or, alternatively, plaintiffs shall consent to voluntary dismissal or transfer to an appropriate district. Ordered by Judge Brian M. Cogan on 9/8/2022. (Weisberg, Peggy)
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| Filing 8 MOTION for Extension of Time to File Answer re #6 Summons Issued, #4 Amended Complaint and Letter requesting a Pre-Motion Conference by Laura Berenice Juarez, Juan Diego Juarez Najera. (Ferrandino, Adam) |
| Filing 7 NOTICE of Appearance by Adam Christopher Ferrandino on behalf of All Defendants (aty to be noticed) (Ferrandino, Adam) |
| Filing 6 Summons Issued as to Laura Berenice Juarez, Juan Diego Juarez Najera. (Guzzi, Roseann) |
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Filing 5
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 9/23/2022 at 10:00 am. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 4487#. See attached mandatory requirements for the conference. In addition, plaintiff is directed to serve on defendants a complete set of medical releases and authorizations together with the summons and complaint. Ordered by Judge Brian M. Cogan on 8/10/2022. (Weisberg, Peggy)
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| Filing 4 AMENDED COMPLAINT against Laura Berenice Juarez, Juan Diego Juarez Najera, filed by Jose Gonzalez Jr., Minerva Gonzalez, Mercedes Arias, Jessica Arias. (Attachments: #1 Exhibit Exhibit 1, #2 Proposed Summons) (Demidov, Andrey) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
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ORDER TO SHOW CAUSE. In their complaint, plaintiffs allege that they and defendants are "United States resident[s] domiciled" in various states. Without information as to the parties' immigration status, this is insufficient to establish diversity jurisdiction. See Chigirinskiy v. Panchenkova, 252 F. Supp. 3d 379, 381 (S.D.N.Y. 2017) (requiring information regarding the immigration status of the parties to determine whether diversity jurisdiction exists). This is because if one or more of the plaintiffs is an alien and one or more of the defendants is an alien, there is no diversity. Plaintiffs are therefore ORDERED TO SHOW CAUSE by 8/7/2022 why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiffs may file an amended complaint or submit evidence properly showing the citizenship of the parties. Ordered by Judge Brian M. Cogan on 8/1/2022. (Weisberg, Peggy)
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| 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. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against Laura Berenice Juarez, Juan Diego Juarez Najera filing fee $ 402, receipt number ANYEDC-15798051 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Jose Gonzalez Jr., Minerva Gonzalez, Mercedes Arias, Jessica Arias. (Attachments: #1 Exhibit Exhibit 1, #2 Civil Cover Sheet) (Demidov, Andrey) |
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