Quiroz v. XPO Logistics Freight, Inc. et al
| Melvin Quiroz |
| XPO Logistics Freight, Inc. and Jeramie Brooks |
| 1:2023cv00757 |
| February 1, 2023 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Pamela K Chen |
| Motor Vehicle |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Defendant |
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This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
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Filing 4
SCHEDULING ORDER: A telephonic initial conference will be held at 10:30 A.M. on 07/07/2023 before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274; access code is 6534420. Counsel are directed to complete the attached Rule 26(f) Report and electronically file same with the Court no later than 07/05/2023. Should the parties wish to adopt a plan for discovery different from the structure in the Rule 26(f) Report, they may do so only if they file a letter explaining why such a plan is appropriate in this case. Upon receipt of this email counsel shall confirm with each other of the date and time of this telephonic initial conference. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/31/2023. (EM)
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ORDER: On March 2, 2023, the Court ordered Plaintiff to advise whether it seeks remand and whether it contests Defendants' allegation that Plaintiff acted in bad faith in delaying removal. Plaintiff has missed the deadline to do so. Based on its review of the record, the Court finds that Plaintiff acted in bad faith in order to prevent or delay Defendants from removing this action. See 28 U.S.C. 1446(c)(1). Accordingly, Defendants' removal of this case on February 1, 2023 was proper. Ordered by Judge Pamela K. Chen on 3/28/2023. (EK)
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ORDER: Plaintiff commenced this action in New York state court on 5/3/2021. Pursuant to 28 U.S.C. 1446(c)(1), the case cannot be removed based on diversity jurisdiction "more than 1 year after commencement of the action, unless the district court finds that the plaintiff has acted in bad faith in order to prevent a defendant from removing the action." Defendants removed this action on 2/1/2023, well over a year after this action was initiated. (See Dkt. #1 .) In their notice of removal, Defendants argue that "Plaintiff failed to act in good faith" by initially representing in June 2022 that his damages would be $74,000, and subsequently revising that demand to $2 million in January 2023. (Id. at 1.) According to Defendants, Plaintiff "deliberately failed to disclose the actual amount in controversy to prevent removal." (Id.) Plaintiff is hereby directed to advise the Court by 3/17/2023 on whether it seeks remand. If Plaintiff requests remand, he must file a letter of no more than 3 pages explaining why remand is warranted and why the Court should not find that he acted in bad faith to defeat removal. Ordered by Judge Pamela K. Chen on 3/2/2023. (EK)
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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) |
| 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) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Sanket J. Bulsara. 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) |
| Filing 1 NOTICE OF REMOVAL by Jeramie Brooks, XPO Logistics Freight, Inc. from Supreme Court of the State of New York - Queens County, case number 711073/2021. ( Filing fee $ 402 receipt number ANYEDC-16366550) (Attachments: #1 Civil Cover Sheet, #2 Exhibit Ex A - State Court Complaint, #3 Exhibit Ex B - Answer, #4 Exhibit Ex C - Order dated 1.28.22, #5 Exhibit Ex D - Demand for Damages 6.13.22, #6 Exhibit Ex E - Plaintiff's Response 1.27.23) (Lane, John) |
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