Bezalel v. Hamilton Beach Brands, Inc.
| Mina Bezalel |
| Hamilton Beach Brands, Inc. |
| 1:2022cv05094 |
| August 26, 2022 |
| US District Court for the Eastern District of New York |
| Roanne L Mann |
| Kiyo A Matsumoto |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-(Citizenship) |
| None |
Docket Report
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| Civil Case Terminated pursuant to Minute Entry dated 9/22/2022. (Tavarez, Jennifer) |
| Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 9/22/2022. Appearances: Terrence McCartney, Esq. on behalf of Plaintiff; Catherine Bryan, Esq. on behalf of Defendant. The Court held a pre-motion conference in Courtroom 6C South to discuss Defendant's anticipated partial motion to dismiss, as well as whether Defendant satisfied its burden to show that the $75,000 jurisdictional threshold has been met. The parties appeared by telephone.The parties agreed on the record to remand this case to state court, with leave for Defendant to seek removal, upon being served, by Plaintiff, with a paper that sets forth damages greater than $75,000. The Clerk of Court is respectfully directed to remand this case to the Supreme Court, Queens County, Index No. 714976/2022, and close this case. (Court Reporter Stacy Mace.) (Ahn, Lois) |
| Filing 9 Letter in Response to Defendant's #5 Letter requesting a Pre-motion Conference by Mina Bezalel (McCartney, Terrence) |
| Filing 8 Letter Pursuant to Your Honor's September 6, 2022 Order by Hamilton Beach Brands, Inc. (Bryan, Catherine) |
ORDER granting #7 Motion to Substitute Attorney. Attorney Philip A. Goldstein terminated. Ordered by Magistrate Judge Roanne L. Mann on 9/12/2022. (Proujansky, Josh)
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| Filing 7 MOTION to Substitute Attorney Substitution of Counsel by Hamilton Beach Brands, Inc.. (Bryan, Catherine) |
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ORDER granting #5 Motion for Pre Motion Conference. Pre Motion Hearing set for 9/22/2022 02:00 PM in Courtroom 6C South before Judge Kiyo A. Matsumoto. The parties shall appear by telephone. The parties shall dial into the conference by calling 1-888-684-8852 and entering the following access code: 1312089. Plaintiff shall file a response, if any, to Defendant's #5 letter requesting a pre-motion conference by September 12, 2022.Further, Defendant removed this case from Queens County Supreme Court on August 26, 2022, on the ground that this Court has diversity jurisdiction under 28 U.S.C. 1332 because the amount in controversy exceeds $75,000 and the parties are diverse. (See ECF No. #1 , Notice of Removal.) 28 U.S.C. 1332(a) limits federal diversity jurisdiction to actions "where the matter in controversy exceeds the sum or value of $75,000[.]" No actual amount is alleged in the Complaint, and Defendant has not set forth plausible factual allegations supporting a determination that the value of the claim exceeds $75,000. For these reasons, the Court is unable to conclude whether it possesses diversity jurisdiction pursuant to 28 U.S.C. 1332(a). By September 12, 2022, Defendant must show cause why this action should not be remanded to state court for lack of subject matter jurisdiction by filing a letter no longer than 3 pages.The Court shall address whether the removal of this case was proper during the September 22, 2022 pre-motion conference. Ordered by Judge Kiyo A. Matsumoto on 9/6/2022. (Ahn, Lois)
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| Filing 6 ANSWER to Complaint by Hamilton Beach Brands, Inc.. (Goldstein, Philip) |
| Filing 5 MOTION for pre motion conference by Hamilton Beach Brands, Inc.. (Goldstein, Philip) |
| Filing 4 Corporate Disclosure Statement by Hamilton Beach Brands, Inc. identifying Corporate Parent Hamilton Beach Brands Holding Company for Hamilton Beach Brands, Inc.. (Goldstein, Philip) |
| Filing 3 NOTICE of Appearance by Philip A. Goldstein on behalf of Hamilton Beach Brands, Inc. (notification declined or already on case) (Goldstein, Philip) |
| 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 Hamilton Beach Brands, Inc. from Supreme Court of the State of New York, County of Queens, case number 714976/2022. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service) (Davis, Kimberly) |
| FILING FEE: $ 402.00, receipt number ANYEDC-15883212 (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) |
| Case Assigned to Judge Kiyo A. Matsumoto 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) |
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| Plaintiff: Mina Bezalel | |
| Represented By: | Terrence Eugene McCartney |
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| Defendant: Hamilton Beach Brands, Inc. | |
| Represented By: | Philip A. Goldstein |
| Represented By: | Catherine G. Bryan |
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