Bailey v. AHB Manangement Corp.
| Scottia Bailey |
| AHB Manangement Corp. |
| United States of America and United States Postal Service |
| 1:2022cv07316 |
| December 2, 2022 |
| US District Court for the Eastern District of New York |
| Carol Bagley Amon |
| Robert M Levy |
| P.I.: Other |
| 28 U.S.C. ยง 1442 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on January 24, 2023. A more recent docket listing may be available from PACER.
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ORDER granting #9 Motion to Adjourn the initial conference scheduled for 1/24/23. Ordered by Magistrate Judge Robert M. Levy on 1/24/2023. (JM)
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| Filing 9 Consent MOTION to Adjourn Conference by United States Postal Service, United States of America. (Gates, Elizabeth) |
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Minute Entry for proceedings held before Judge Carol Bagley Amon: Pre Motion Conference held on 1/10/2023. For Plaintiff Bailey, Joseph Gorczyca; for Defendant AHB, Matthew Sicheri; for Third-party Defendant USA/USPS, Elizabeth Gates. As discussed on the record, the briefing schedule for the motion(s) to dismiss is as follows: Motion(s) due 2/10/2023; opposition(s) due 3/17/2023; reply(s) due 4/7/2023. Oral argument will be held on 4/24/2023 in Courtroom 10D South. The parties are reminded to comply with this Court's Individual Rule 3(D), which provides that no motion papers shall be filed on the docket until the motion is fully briefed. SO ORDERED by Judge Carol Bagley Amon. (Court Reporter Anthony Frisolone.) (WF)
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ORDER granting #6 Motion for Pre-motion Conference. A Pre-motion Conference on third-party Defendants' proposed motion to dismiss will be held on 1/10/2023 at 11:00 AM in Courtroom 10D South before Judge Carol Bagley Amon. Counsel for all parties are required to attend. I also note that in Plaintiff Scottia Bailey's letter dated 12/16/2022, see #8 , counsel indicated that "Plaintiff adopts and joins in the Government's position to remand the case back to state court." However, remand does not appear to be the relief that the Government is seeking, see #6 . Thus, if Plaintiff intends to seek remand to state court on "the basis of any defect other than lack of subject matter jurisdiction," Plaintiff must file a motion to remand "within 30 days after the filing of the notice of removal." See 26 U.S.C. 1447(c). Plaintiff must therefore file such motion, if any, by 1/2/2023. Given this time constraint, Plaintiff is excused from the usual requirement to seek a pre-motion conference before filing the motion. Ordered by Judge Carol Bagley Amon on 12/22/2022. (WF)
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| Filing 8 RESPONSE to Motion re #6 MOTION for pre motion conference regarding potential motion to dismiss filed by Scottia Bailey. (Farag, Mariam) |
| Filing 7 RESPONSE to Motion re #6 MOTION for pre motion conference regarding potential motion to dismiss response to government pre-conference filed by AHB Manangement Corp.. (Sicheri, Matthew) |
| Filing 6 MOTION for pre motion conference regarding potential motion to dismiss by United States Postal Service, United States of America. (Gates, Elizabeth) |
| Filing 5 NOTICE of Appearance by Mariam Farag on behalf of All Plaintiffs (aty to be noticed) (Farag, Mariam) |
| Filing 4 NOTICE of Appearance by Matthew B Sicheri on behalf of AHB Manangement Corp. (aty to be noticed) (Sicheri, Matthew) |
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Filing 3
SCHEDULING ORDER: An initial conference by telephone has been scheduled for January 25, 2023 at 11:30 a.m., before the Honorable Robert M. Levy, United States Magistrate Judge at (888) 684-8852; Access Code #: 6223489. Ordered by Magistrate Judge Robert M. Levy on 12/2/2022. (Attachments: #1 IC QUESTIONNAIRE, #2 INDIVIDUAL RULES) (JM)
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| 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 United States Postal Service, United States of America from Supreme Court of the State of New York, County of Kings, case number 5222021/2021. (Attachments: #1 Civil Cover Sheet) (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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