Coppola v. The Sliding Door Company et al
| Michele Coppola |
| The Sliding Door Company and Gil Ben Zion |
| 1:2023cv03350 |
| May 3, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Eric N Vitaliano |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-Employment Discrimination |
| Plaintiff |
Docket Report
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms.Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov.Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be submitted within two weeks following mediation session. (DS) |
ORDER: The Court held the initial conference in plaintiff's civil rights action on June 28, 2023. As stated on the record, the case is referred to Court-annexed mediation. The parties agreed to exchange discovery voluntarily.The parties are directed to contact the Court's ADR Department at (718) 613-2577 to select a mediator and schedule the mediation. The mediation shall be completed by September 15, 2023. The parties shall file a status letter by September 20, 2023. (VP)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Initial Conference Hearing held on 6/28/2023 (FTR Log #10:32-11:10.) (VP) |
| Filing 12 Letter regarding proposed plan regarding electronic discovery by The Sliding Door Company, Gil Ben Zion (Tomasco, Alison) |
| Filing 11 REPORT of Rule 26(f) Planning Meeting (Tomasco, Alison) |
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ORDER: Defendants request, with plaintiff's consent, to adjourn the initial conference scheduled for June 27, 2023. ECF No. #10 . The request is granted. The Court shall hold the initial conference in this matter on June 28, 2023 at 10:30 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. Ordered by Magistrate Judge Lois Bloom on 6/7/2023. (VP)
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| Filing 10 MOTION to Adjourn Conference by The Sliding Door Company, Gil Ben Zion. (Tomasco, Alison) |
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ORDER: The Court shall hold the initial conference in this action on June 27, 2023 at 11:00 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange their Rule 26(a)(1) initial disclosures and file their Rule 26(f) Meeting Report with the Court by June 20, 2023. Any party seeking a trial by jury shall file a jury demand by June 20, 2023. Fed. R. Civ. P. 81(c)(3). Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. Ordered by Magistrate Judge Lois Bloom on 6/6/2023. (VP)
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| Filing 9 ANSWER to Complaint by The Sliding Door Company, Gil Ben Zion. (Cerasia, Edward) |
| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE by The Sliding Door Company, Gil Ben Zion (Attachments: #1 Declaration of Alison Tomasco, Esq., #2 Declaration of Yaell Ohayon) (Tomasco, Alison) |
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ORDER: Defendants request, with plaintiff's consent, an extension of time to respond to plaintiff's complaint. ECF No. #7 . The request is granted. Defendants shall respond to the complaint by June 2, 2023. Any party seeking a trial by jury shall file a jury demand by June 2, 2023. Fed. R. Civ. P. 81(c)(3). The deadline to respond to the Court's May 4, 2023 Order to Show Cause remains unchanged. Defendants shall show good cause why this matter should not be remanded to state court for lack of subject matter jurisdiction by May 18, 2023. Ordered by Magistrate Judge Lois Bloom on 5/8/2023. (VP)
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| Filing 7 MOTION for Extension of Time to File Answer or otherwise respond by The Sliding Door Company, Gil Ben Zion. (Tomasco, Alison) |
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ORDER TO SHOW CAUSE: Defendants removed this action from Kings County Supreme Court on May 5, 2023, invoking the Court's diversity jurisdiction under 28 U.S.C. 1332. ECF No. #1 . "[F]ederal courts construe the removal statute narrowly." Lupo v. Hum. Affs. Int'l, Inc., 28 F.3d 269, 274 (2d Cir. 1994) (internal quotation and citation omitted). A defendant removing a matter to federal court bears "the burden of establishing that the requirements for diversity jurisdiction [are] met." Mehlenbacher v. Akzo Nobel Salt, Inc., 216 F.3d 291, 296 (2d Cir. 2000).Defendants do not provide any document or writing that establishes that the amount in controversy exceeds $75,000. See Moltner v. Starbucks Coffee Co., 624 F.3d 34, 38 (2d Cir. 2010) ("[T]he removal clock does not start to run until the plaintiff serves the defendant with a paper that explicitly specifies the amount of monetary damages sought."). Defendants "believe" the amount in controversy exceeds $75,000 "based on allegations in the complaint." ECF No. #1 at 1-2. However, the complaint does not quantify plaintiff's damages. ECF No. #1 at 26. Plaintiff's allegation that the damages exceed "the jurisdictional limits of all lower Courts which would otherwise have jurisdiction," ECF No. #1 at 32, does not establish that amount in controversy requirement is met. Valentin v. Dollar Tree Stores, Inc., No. 21-CV-3647, 2021 WL 2852039, at *2 (S.D.N.Y. July 8, 2021) (explaining that an allegation of damages exceeding lower courts' jurisdictional limits "clearly is a reference to the lower civil courts of New York, which may not entertain actions seeking to recover more than $25,000, and not a reference to the federal district courts.") (internal quotation and citation omitted). Accordingly, defendants are ordered to show good cause by May 18, 2023 why this matter should not be remanded to state court for lack of subject matter jurisdiction. Ordered by Magistrate Judge Lois Bloom on 5/4/2023. (VP)
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| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 5 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) |
| Filing 4 NOTICE of Appearance by Alison L. Tomasco on behalf of The Sliding Door Company, Gil Ben Zion (aty to be noticed) (Tomasco, Alison) |
| Filing 3 Corporate Disclosure Statement by The Sliding Door Company (Cerasia, Edward) |
| Filing 2 Civil Cover Sheet.. by The Sliding Door Company, Gil Ben Zion (Cerasia, Edward) |
| Filing 1 NOTICE OF REMOVAL by The Sliding Door Company, Gil Ben Zion from Supreme Court of the State of New York, Kings County, case number 536819/2022. ( Filing fee $ 402 receipt number ANYEDC-16662586) (Cerasia, Edward) |
| Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Lois Bloom. 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) |
| 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) |
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