Du v. Party Perfect Rentals LLC et al
| Hai Long Du |
| Party Perfect Rentals LLC and Demari R Kesler |
| 1:2023cv00088 |
| January 6, 2023 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Ramon E Reyes |
| Motor Vehicle |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 15 NOTICE of Appearance by Paul F. Generosa on behalf of Hai Long Du (aty to be noticed) (Generosa, Paul) |
| Filing 14 NOTICE of Appearance for Kevin J. Philbin filed by Francis Jarlath Scahill on behalf of All Defendants (notification declined or already on case) (Scahill, Francis) Modified on 2/21/2023 (MV). |
| Filing 13 NOTICE of Appearance for Gianni A. Tribuzio filed by Stephen John Liakas on behalf of Hai Long Du (aty to be noticed) (Liakas, Stephen) Modified on 2/16/2023 (MV). |
ORDER Pursuant to Local Rule 5.1 Filing of Discovery Materials and Individual Judge's Practice: Francis Scahill is reminded that letters he sends to his adversary, including discovery materials unrelated to pending disputes or motions before this Court should not be filed on ECF, unless attached as an exhibit to a letter addressed to the Court seeking relief. The Clerk's Office is respectfully requested to remove document no. 14 Interrogatories Propounded. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/16/2023. (MV)
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| Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Initial Conference Hearing held on 2/16/2023. Case called. Plaintiff represented by Gianni Tribuzio. Defendants represented by Kevin Philbin. Discussions held. The Case Management Plan DKT. No. #12 is approved. All discovery will close on 8/16/2023. Final Pretrial Conference set for 8/17/2023 at 10:00 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr., Telephone Status Conference set for 5/18/2023 at 11:30 AM dial 1-551-285-1373, Meeting ID: 16033432842, Passcode: 297706 to appear before Magistrate Judge Ramon E. Reyes, Jr. (FTR Log #13D South 10:12:49-10:24:34.) Contact the E.S.R., Dept., at (718) 613-2590 (MV) |
| Filing 12 CASE MANAGEMENT STATEMENT Case Management Plan (Scahill, Francis) |
| Filing 11 Letter to Court by Demari R Kesler, Party Perfect Rentals LLC (Scahill, Francis) |
| Filing 10 NOTICE of Appearance for Kevin J. Philbin filed by Francis Jarlath Scahill on behalf of All Defendants (notification declined or already on case) (Scahill, Francis) Modified on 2/16/2023 (MV). |
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ORDER re #11 Letter filed by Demari R Kesler, Party Perfect Rentals LLC. The 2/2/2023 Initial Conference is rescheduled for 2/16/2023 at 10:00 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr.Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/26/2023. (MV)
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Filing 9
SCHEDULING ORDER: Initial Conference set for 2/2/2023 at 10:30 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 1/31/2023. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court.Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/25/2023. (MV)
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ORDER: The Court has reviewed defendants' #8 letter responding to the Court's Order to Show Cause dated 1/10/2023. Considering defendants' representations, the Order to Show Cause is discharged. Ordered by Judge Rachel P. Kovner on 1/24/2023. (Miyamoto, Matthew)
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| Filing 8 AFFIDAVIT/AFFIRMATION IN SUPPORT OF NOTICE OF REMOVAL by Party Perfect Rentals LLC (Scahill, Francis) |
| Filing 7 DEMAND for Trial by Jury by Hai Long Du (Liakas, Stephen) |
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ORDER: In light of the Judge Rachel P. Kovner's Order to Show Cause, the Initial Conference previously scheduled for 1/24/2023 at 11:00 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr is cancelled. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/11/2023. (MV)
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Filing 6
SCHEDULING ORDER: Initial Conference set for 1/24/2023 at 11:00 AM in Courtroom 13D South before Magistrate Judge Ramon E. Reyes, Jr. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 1/19/2023. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/10/2023. (MV)
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| Filing 5 Letter Requesting Initial Conference by Demari R Kesler, Party Perfect Rentals LLC (Scahill, Francis) |
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ORDER TO SHOW CAUSE: Defendants removed this case on the basis of diversity jurisdiction under 28 U.S.C. 1332. See Not. of Removal 6 (Dkt. #1). For diversity jurisdiction to exist, the controversy must be completely diverse, meaning that all plaintiffs must be citizens of different states from all defendants. 28 U.S.C. 1332(a)(1); Lincoln Prop. Co. v. Roche, 546 U.S. 81, 89 (2005). The citizenship of an LLC for diversity purposes is the citizenship of each of its members. See Bayerische Landesbank v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). In the complaint, plaintiff claims to be a resident of New York and alleges that "one of [Party Perfect Rentals LLC's] members [is] a resident of the State of New York." Compl. 1, 3 (Dkt. #1-1). Accordingly, defendants shall show cause by 1/24/2023 why this case should not be remanded to state court for lack of subject-matter jurisdiction. See 28 U.S.C. 1447(c). Ordered by Judge Rachel P. Kovner on 1/10/2023. (Miyamoto, Matthew)
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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 Rachel P. Kovner and Magistrate Judge Ramon E. Reyes, Jr. 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 Civil Cover Sheet.. Re #1 Notice of Removal by Demari R Kesler, Party Perfect Rentals LLC (Scahill, Francis) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Queens, case number 726302/2022. ( Filing fee $ 402 receipt number ANYEDC-16283624) (Attachments: #1 Summons and Complaint, #2 Answer and Demands) (Scahill, Francis) |
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