Pena v. Triumph Pharmaceuticals, Inc.
| Waleska Pena |
| Triumph Pharmaceuticals, Inc. |
| 1:2023cv00519 |
| January 25, 2023 |
| US District Court for the Eastern District of New York |
| Dora Lizette Irizarry |
| Vera M Scanlon |
| Civil Rights: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on March 6, 2023. A more recent docket listing may be available from PACER.
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ORDER. In light of the remand to state court, the 5/17/2023 conference and related dates are cancelled. Ordered by Magistrate Judge Vera M. Scanlon on 3/6/2023. (JR)
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ORDER OF REMAND TO STATE COURT AND DENYING #9 Motion to Vacate OTSC dated 1/30/2023 or Extension of Time to File - REMAND TO New York State Supreme Court Queens County, case number 725173/2022 -- On January 30, 2023, this Court issued an Order to Show Cause ("OTSC")why this action should not be remanded to state court for lack of subject matter jurisdiction as Defendant failed to establish the threshold jurisdictional damages amount for this Class Action Fairness Act case. Instead of responding to the OTSC, the parties moved for vacatur of the OTSC because they had reached a settlement in this case and for an extension of time to file the necessary settlement documents. However, as this Court lacks subject matter jurisdiction, the Court cannot endorse any kind of settlement or rule on any substantive matters. Accordingly, this action is REMANDED to New York State Supreme Court Queens County under Case Index Number 725173/2022. The Clerk of the Court is directed to close this case. SO ORDERED by Judge Dora Lizette Irizarry on 2/10/2023. (Irizarry, Dora)
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| Filing 9 Joint MOTION to Vacate Order to Show Cause dated 1/30/2023 based upon within notice of settlement or, alternatively, Joint MOTION for Extension of Time to File responses to Order to Show Cause dated 1/30/2023 pending consummation of settlement by Triumph Pharmaceuticals, Inc.. (Malfa, Peter) |
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Filing 8
ORDER granting #7 Motion for Extension of Time to Answer. In light of the Court's 1/30/2023 Order to Show Cause, the time to answer is extended to 3/31/2023. An in-person Initial Conference is set for 5/17/2023 at 12:30 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 5/2/2023. Ordered by Magistrate Judge Vera M. Scanlon on 2/5/2023. (JR)
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| Filing 7 Consent MOTION for Extension of Time to File Answer , Motion, or Otherwise Respond to the Complaint by Triumph Pharmaceuticals, Inc.. (Malfa, Peter) |
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ORDER denying #5 Motion for Extension of Time to Answer -- Though the Court's Rules specify explicitly that all requests for extensions of time to answer must be addressed to the presiding magistrate judge, Defendant addresses its extension request improperly to the undersigned district judge. See, Judge Irizarry's Individual Rules and Practices in Civil Cases, Section III(A)(1). Accordingly, Defendant's request is denied without prejudice to renew before the magistrate judge in accordance with her rules. Defendant is admonished to familiarize itself and comply with the Court's Rules. SO ORDERED by Judge Dora Lizette Irizarry on 1/30/2023. (CC)
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ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR LACK OF SUBJECT MATTER JURISDICTION --- ORDER TO SHOW CAUSE RESPONSE DUE 2/8/2023 The Court has concerns that it may not have subject matter jurisdiction over this action. To satisfy the Class Action Fairness Acts ("CAFA") amount-in-controversy requirement, a removing defendant "must show that it appears to a 'reasonable probability' that the aggregate claims of the plaintiff class are in excess of $5 million." Blockbuster, Inc. v. Galeno, 472 F.3d 53, 58 (2d Cir. 2006). In its Notice of Removal ("Notice"), Defendant relies on a series of extrapolations to reach the class size that it claims exists in order to meet CAFAs threshold damages amount. See, Notice, Dkt. Entry No. #1 , paragraphs 39-59. Furthermore, although Plaintiff asserts only New York City Human Rights Law and New York State Human Rights Law claims, Defendant baldly asserts that New York Law does not apply to this case, but does not state what law does apply. Id. at paragraph 9. Accordingly, Defendant is directed to submit a five-page letter with evidence to establish how it meets CAFA's damages and class member requirements, in addition to clarifying its position concerning the applicable law BY NO LATER THAN FEBRUARY 8, 2023. Plaintiff may file a five-page response BY NO LATER THAN FEBRUARY 22, 2023. Replies will not be permitted. SO ORDERED by Judge Dora Lizette Irizarry on 1/30/2023. (CC)
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| Filing 6 CERTIFICATE OF SERVICE by Triumph Pharmaceuticals, Inc. re #2 Corporate Disclosure Statement, #1 Notice of Removal, (Malfa, Peter) |
| Filing 5 Letter MOTION for Extension of Time to File Answer , Motion, or Otherwise Respond to the Complaint by Triumph Pharmaceuticals, Inc.. (Malfa, Peter) |
| 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 Dora Lizette Irizarry and Magistrate Judge Vera M. Scanlon. 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 Triumph Pharmaceuticals, Inc. (Malfa, Peter) |
| Filing 1 NOTICE OF REMOVAL by Triumph Pharmaceuticals, Inc. from Supreme Court of the State of New York, County of Queens, case number 725173/2022. ( Filing fee $ 402 receipt number ANYEDC-16341083) (Attachments: #1 Removal Action Complaint Exhibit A - State Court Summons and Complaint, #2 Civil Cover Sheet) (Malfa, Peter) |
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| Plaintiff: Waleska Pena | |
| Represented By: | Edward Y. Kroub |
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| Defendant: Triumph Pharmaceuticals, Inc. | |
| Represented By: | Peter V. Malfa |
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