Cruz v. Khodov
| Kenneth Cruz |
| John Khodov |
| 1:2022cv07257 |
| November 30, 2022 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Roanne L Mann |
| Taryn A Merkl |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Defendant |
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Filing 7
SCHEDULING ORDER: A telephonic Initial Conference will be held on 3/2/2023 at 10:00 a.m. before Magistrate Judge Taryn A. Merkl. The parties are directed to call the toll-free number (877) 336-1839. The access code is 3914302. The parties shall dial in five (5) minutes before the scheduled conference. Counsel are directed to complete the attached Case Management Worksheet and electronically file same with the Court no later than 2/23/2023. Should the parties wish to adopt a plan for discovery different from the structure in the worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Ordered by Magistrate Judge Taryn A. Merkl on 1/24/2023. (KC)
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| Filing 6 Verified ANSWER to Complaint by John Khodov. (Proano, Julissa) |
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ORDER. In removal actions, Federal Rule of Civil Procedure 81(c)(2) requires the defendant to file an answer 21 days after service of the initial pleading or 7 days after the notice of removal was filed, whichever is longer. Defendants filed their notice of removal in this case on 11/30/2022, but have failed to answer or otherwise respond to the Complaint, which was originally filed in state court on 11/3/2022. Defendants are hereby directed to file an answer or otherwise respond to the Complaint in this case on or before 1/26/2023. Ordered by Magistrate Judge Taryn A. Merkl on 1/19/2023. (JF)
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| Case Reassigned to Magistrate Judge Taryn A. Merkl. Magistrate Judge Roanne L. Mann no longer assigned to the case. 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. (BBM) |
| Motions terminated, docketed incorrectly: #4 MOTION for Order to Show Cause for Removal filed by John Khodov. NOTICE TO ATTORNEY Rondiene Erin Novitz. Docket entry #4 is not a motion and should not have been filed as such. Docket entry #4 is a response to the Court's Order to Show Cause and should have been filed using the Response to Order to Show Cause event found in the Other Documents category. When submitting electronic filings with the court, Counsel must use the appropriate event at all times. If you are unsure of the appropriate event you can contact the Clerk's Office for assistance. No further action is necessary, please do not refile the document. (AG) |
| Filing 5 NOTICE of Appearance by Julissa M. Proano on behalf of John Khodov (aty to be noticed) (Proano, Julissa) |
| Filing 4 MOTION for Order to Show Cause for Removal by John Khodov. (Attachments: #1 Exhibit A, #2 Exhibit B) (Novitz, Rondiene) |
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ORDER TO SHOW CAUSE -- Article III courts must ensure they have jurisdiction to hear a case, whether or not any party asserts a jurisdictional challenge. See Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006). Defendant's notice of removal invokes federal diversity jurisdiction under 28 U.S.C. 1332, but Defendant has not adequately alleged that the jurisdictional threshold is satisfied. Defendant bears the burden of establishing jurisdiction by "proving that it appears to a 'reasonable probability'" that the amount in controversy exceeds $75,000. United Food & Com. Workers Union v. CenterMark Props. Meriden Square, Inc., 30 F.3d 298, 30405 (2d Cir. 1994). Defendant's notice asserts that Plaintiff alleges "damages in the amount which exceeds all jurisdictional limits of all lower courts." Notice of Removal 5, ECF No. 1. This language "at most establishes that claimed damages exceed $25,000," not $75,000. See Duncan v. Crawford, No. 16-CV-4699, 2016 WL 4919891, at *1 (E.D.N.Y. Sept. 14, 2016) ("The Complaint's mention of 'lower courts' is simply a reference to the lower civil courts of New York, which may not entertain actions seeking to recover more than $25,000."). The state court complaint also contains only "boilerplate allegations" of Plaintiff's injuries that do not specify the extent of harm suffered or the damages sought. See, e.g., Noguera v. Bedard, No. 11-CV-4893, 2011 WL 5117598, at *3 (E.D.N.Y. Oct. 26, 2011). Defendant is ordered to show cause by December 19, 2022, why this case should not be remanded to state court for lack of subject matter jurisdiction. Ordered by Judge Eric R. Komitee on 12/5/2022. (AG)
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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. (KD) |
| 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. (KD) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from SUPREME/KINGS, case number 532122/2022. ( Filing fee $ 402 receipt number ANYEDC-16181221) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Summons & Complaint, #3 Supreme Court Docket List) (Novitz, Rondiene) |
| Case Assigned to Judge Eric R. Komitee 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. (KD) |
| 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. (KD) |
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| Plaintiff: Kenneth Cruz | |
| Represented By: | Glenn A. Kimelman |
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| Defendant: John Khodov | |
| Represented By: | Rondiene Erin Novitz |
| Represented By: | Julissa M. Proano |
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