Dixon v. Paypal Inc.
| Terrance Dixon |
| Paypal Inc. |
| 1:2022cv05710 |
| September 23, 2022 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Rachel P Kovner |
| Fraud or Truth-In-Lending |
| 09 U.S.C. § 1 U.S. Arbitration Act |
| None |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 CERTIFICATE OF SERVICE by Paypal Inc. re #17 Reply in Support, (Sarles, Matthew) |
| Filing 17 REPLY in Support re #12 MOTION for Judgment Based on ADR Settlement Arbitration Award and Reply in Opposition to Plaintiff's Cross Motion to Strike Pleadings re #16 filed by Paypal Inc.. (Attachments: #1 Declaration of Emily Stedman) (Sarles, Matthew) |
| Filing 16 Plaintiffs Opposition of Defendants Motion to Confirm & Cross Motion to Strike Pleadings filed by Terrance Dixon. (IH) |
| Filing 15 CERTIFICATE OF SERVICE by Paypal Inc. re Order dated 10-11-2022 (Sarles, Matthew) |
ORDER: Plaintiff is ordered to respond to defendant's motion for judgment at #12 by 10/25/2022. Ordered by Judge Rachel P. Kovner on 10/11/2022. (de Carvalho, Simon)
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| Filing 14 CERTIFICATE OF SERVICE by Paypal Inc. re #13 Memorandum in Opposition, #10 Answer to Complaint (Notice of Removal), Crossclaim, #11 Memorandum in Opposition, #12 MOTION for Judgment Based on ADR Settlement Arbitration Award (Sarles, Matthew) |
| Filing 13 MEMORANDUM in Opposition to Plaintiff's Motion to Vacate/Modify Arbitration Award and Memorandum in Support of Its Motion to Confirm Arbitration Award filed by Paypal Inc.. (Attachments: #1 Declaration of Emily Stedman, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration) (Sarles, Matthew) |
| Filing 12 MOTION for Judgment Based on ADR Settlement Arbitration Award by Paypal Inc.. (Sarles, Matthew) |
| Filing 11 MEMORANDUM in Opposition re #4 Emergency MOTION to Remand , Order to Show Cause,,,,,, Order,, Response to Order to Show Cause filed by Paypal Inc.. (Sarles, Matthew) |
| Filing 10 ANSWER to Complaint (Notice of Removal) and Counterclaim, CROSSCLAIM against Terrance Dixon by Paypal Inc.. (Sarles, Matthew) |
| Filing 9 CERTIFICATE OF SERVICE by Paypal Inc. re Order on Motion for Extension of Time to Answer (Sarles, Matthew) |
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ORDER: Defendant's motion for extension of time to file answer at #6 is granted. Defendant shall file its answer by 10/10/2022. Ordered by Judge Rachel P. Kovner on 9/30/2022. (de Carvalho, Simon)
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| Filing 8 CERTIFICATE OF SERVICE by Paypal Inc. re #5 Certificate of Service, #6 Letter MOTION for Extension of Time to File Answer to Plaintiff Terrance Dixons petition and motion to vacate arbitration award (Sarles, Matthew) |
| Filing 6 Letter MOTION for Extension of Time to File Answer to Plaintiff Terrance Dixons petition and motion to vacate arbitration award by Paypal Inc.. (Sarles, Matthew) |
| Filing 5 CERTIFICATE OF SERVICE by Paypal Inc. re Order to Show Cause,,,,,, and Individual Practice Rules of Judge Rachel P. Kovner (Sarles, Matthew) |
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ORDER: On 9/26/2022 the Court ordered defendant to show cause why this case should not be remanded to state court for failure to show a reasonable probability that the amount in controversy exceeds $75,000. Plaintiff's subsequent motion to remand at #4 raises the same argument, and also asserts that defendant has not met its burden with respect to the complete diversity of the parties. Defendant is directed to address both arguments in its response due 10/10/2022. Ordered by Judge Rachel P. Kovner on 9/28/2022. (de Carvalho, Simon)
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| Filing 7 Letter from Terrance Dixon to Judge Kovner dated 9/27/2022 re: case. (Herrera, Isaiah) |
| Filing 4 Emergency MOTION to Remand by Terrance Dixon. (Herrera, Isaiah) |
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ORDER TO SHOW CAUSE: Defendant's notice of removal asserts diversity jurisdiction under 28 U.S.C. 1332(a). As the party asserting federal jurisdiction, defendant bears the burden of establishing jurisdiction by "proving that it appears to a 'reasonable probability' that the claim is in excess of [$75,000]." United Food & Commercial Workers Union v. CenterMark Properties Meriden Square, Inc., 30 F.3d 298, 303-04 (2d Cir. 1994). The notice of removal acknowledges that plaintiff's complaint does not on its face seek over $75,000 in damages. See Not. of Removal 12. But defendant asserts that plaintiff actually seeks over $114,000 in damages, comprised of $14,000 in compensatory damages, $50,000 in punitive damages, and $50,000 in treble damages, interest, costs, and fees. Ibid. Plaintiff's complaint, however, does not mention treble damages. See United Food & Commercial Workers Union v. Centermark Props. Meriden Square, Inc., 30 F.3d 298, 305 (2d Cir. 1994). And even if it did, plaintiff's complaint brings claims of breach of fiduciary duty, deceptive business practices, fraud, and abuse of process. None of these state-law claims appear to support an award of treble damages. See Brown v. New York State Supreme Court for the Second Judicial District, 680 F.Supp.2d 424, 429 (E.D.N.Y. 2010). Accordingly, defendant is ordered to show cause by 10/10/22 why the case should not be remanded to state court for lack of subject-matter jurisdiction. Ordered by Judge Rachel P. Kovner on 9/26/2022. (De Carvalho, Simon)
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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. (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) |
| Filing 1 NOTICE OF REMOVAL by Paypal Inc. from Queens County Supreme Court, case number 718056-2022. ( Filing fee $ 402 receipt number ANYEDC-15971160) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet Civil Cover Sheet and Corporate Disclosure) (Sarles, Matthew) |
| 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) |
| Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (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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| Plaintiff: Terrance Dixon | |
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| Defendant: Paypal Inc. | |
| Represented By: | Matthew Ari Sarles |
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