Remache v. Uber Technologies, Inc. et al
| Erica Joanna Remache |
| Uber Technologies, Inc., UBER U.S.A., LLC, Schmecken, LLC, Anddranowski Auto Carriers and Adrian Jozef Andranowski |
| 1:2022cv07678 |
| December 16, 2022 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Diane Gujarati |
| Motor Vehicle |
| 28 U.S.C. § 1442 Notice of Removal |
| Plaintiff |
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| Filing 9 Corporate Disclosure Statement by Schmecken, LLC, UBER U.S.A., LLC, Uber Technologies, Inc. (Burke, James) |
| Filing 8 Letter to the Court by Schmecken, LLC, UBER U.S.A., LLC, Uber Technologies, Inc. (Burke, James) |
ORDER granting motion to adjourn #7 : The in-person conference scheduled for 2/7/2023 is adjourned to 2/23/2023 at 10:00 a.m. before Magistrate Judge James R. Cho, and converted to a telephonic status conference. Counsel for all parties are directed to call toll free (888) 808-6929 and use access code 106-5334. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. By 2/21/2023, James F. Burke, counsel for Uber Technologies, Inc., Uber U.S.A., LLC, and Schmecken, LLC. (collectively, "Uber"), shall file a letter responding to the Court's 12/21/2022 and 1/10/2023 Orders. If Uber fails to file its response by 2/21/2023, counsel for plaintiff shall come to the 2/23/2023 conference prepared to propose a briefing schedule for moving to remand this action to State Court. Ordered by Magistrate Judge James R. Cho on 2/3/2023. (SG)
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| Filing 7 Letter of Explanation by UBER U.S.A., LLC, Uber Technologies, Inc. (Burke, James) |
| Filing 6 DEMAND for Trial by Jury by Erica Joanna Remache (Berger, Daniel) |
| Filing 5 NOTICE of Appearance by Daniel Alfred Berger on behalf of Erica Joanna Remache (aty to be noticed) (Berger, Daniel) |
| Minute Entry for Status Conference proceedings held on 2/1/2023 before Magistrate Judge James R. Cho. Daniel Berger appeared for plaintiff. James F. Burke, counsel for Uber Technologies, Inc., Uber U.S.A., LLC, and Schmecken, LLC. (collectively, "Uber"), failed to appear despite a call from plaintiff's counsel reminding him of the conference.In-person status conference scheduled for 2/7/2023 at 11:30 a.m. in Courtroom 11D South before Magistrate Judge James R. Cho. Mr. Burke shall appear at the conference in person and is Ordered to Show Cause why he failed to respond to the 12/21/2022 and 1/10/2023 Orders, and failed to appear for the 2/1/2023 conference. In the event Uber responds to the prior orders by 2/6/2023, the Court will cancel the 2/7/2023 conference.Mr. Berger, counsel for plaintiff, may participate by telephone and shall email Chambers at cho_chambers@nyed.uscourts.gov (note that there is an underlined space between cho and chambers) by 2/6/2023 with his telephone number.Mr. Berger shall file his appearance by the close of business on 2/2/2023. Mr. Berger shall also email a copy of this Order to Mr. Burke and remind him of the 2/7/2023 conference. (AT&T Conference Bridge.) (SG) |
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SCHEDULING ORDER: A telephonic status conference will be held on 2/1/2023 at 2:30 p.m. before Magistrate Judge James R. Cho. Each party is directed to call toll free (888) 808-6929 and use access code 1065334. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 1/24/2023. (SG)
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ORDER: The time for defendants Uber USA, LLC and Schmecken, LLC to identify the citizenship of all partners or members of the defendant LLCs to ascertain whether diversity jurisdiction exists is extended to 1/17/2023. See Local Civ. R. 81.1(2). Ordered by Magistrate Judge James R. Cho on 1/10/2023. (SG)
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ORDER: On 12/16/2022, defendants Uber Technologies, Inc., Uber USA, LLC and Schmecken, LLC (collectively "Uber defendants") removed this action (Dkt. 1) asserting diversity jurisdiction under 28 U.S.C. 1332. Defendants also filed a Rule 7.1 Disclosure Statement (Dkt. 2). However, Uber USA, LLC and Schmecken, LLC have not identified the partners or members of the limited liability companies ("LLC") or affirmatively alleged the citizenship of their partners or members. The citizenship of an LLC for diversity purposes is the citizenship of each of its partners or members. See Bayerische Landesbank v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). The identity and citizenship of each partner or member must be specifically alleged. See United States Liab. Ins. Co. v. M Remodeling Corp., 444 F. Supp. 3d 408, 410 (E.D.N.Y. 2020). Otherwise, the case must be dismissed. By 12/28/2022, defendants Uber USA, LLC and Schmecken, LLC shall identify the citizenship of all partners or members of the defendant LLCs to ascertain whether diversity jurisdiction exists. See Local Civ. R. 81.1(2). (JB)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 3 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. (SR) |
| 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. (SR) |
| Case Assigned to Judge Diane Gujarati and Magistrate Judge James R. Cho. 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. (SR) |
| Filing 2 Corporate Disclosure Statement by Schmecken, LLC, UBER U.S.A., LLC, Uber Technologies, Inc. identifying Corporate Parent Uber Technologies, Inc. for Schmecken, LLC, UBER U.S.A., LLC. (Burke, James) |
| Filing 1 NOTICE OF REMOVAL by Schmecken, LLC, UBER U.S.A., LLC, Uber Technologies, Inc. from Supreme Court Queens County, case number 722709/2022. ( Filing fee $ 402 receipt number ANYEDC-16237974) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Petition in Support of Removal, #6 CERTIFICATE OF COMPLIANCE TO GIVE NOTICE) (Burke, James) |
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