Gaffney v. Cromwell Environmental, Inc. et al
| Ann Marie Gaffney |
| Cromwell Environmental, Inc. and Jacob Hayes |
| 1:2023cv04067 |
| June 1, 2023 |
| US District Court for the Eastern District of New York |
| Diane Gujarati |
| Cheryl L Pollak |
| Motor Vehicle |
| 28 U.S.C. ยง 1446 Petition for Removal- Personal Injury |
| None |
Docket Report
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This docket was last retrieved on July 28, 2023. A more recent docket listing may be available from PACER.
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ORDER granting #6 MOTION to Remand to State Court -- Plaintiff has moved to remand this action to the Supreme Court of the State of New York, County of Queens. See Motion to Remand, ECF No. 6. Plaintiff argues, inter alia, that Defendants' Notice of Removal was untimely filed. See Plaintiff's Memorandum of Law in Support of Motion to Remand ("Pl.'s Br.") at 3, ECF No. 6-8. In their Notice of Removal, Defendants acknowledge that the Notice of Removal was untimely filed and "seek leave of court under 28 U.S.C. 1441(e)," representing that their failure to timely file was inadvertent. See ECF No. 1 at 1. Having considered the parties' filings and the applicable legal standards, the Court grants Plaintiff's motion to remand this action on the basis that the Notice of Removal was untimely filed and the Court remands this action to the Supreme Court of the State of New York, County of Queens, Index No. 713745/2022. Plaintiff's request for attorney's fees and costs, see Pl.'s Br. at 4-5, is denied. The Clerk of Court is directed to send a certified copy of this Order to the Clerk of the Supreme Court of the State of New York, County of Queens, and to close the case. Ordered by Judge Diane Gujarati on 7/28/2023. (KA)
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| Filing 7 MOTION to Adjourn Conference by Ann Marie Gaffney. (Mesterman, Dan) |
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ELECTRONIC ORDER granting #7 Motion to Adjourn Conference: In light of the pending motion to remand, the Initial Conference scheduled for 7/13/2023 is adjourned sine die. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/7/2023. (BL)
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| Filing 6 Notice of MOTION to Remand to State Court by Ann Marie Gaffney. (Attachments: #1 Affirmation in Support, #2 Exhibit A: Summons and Complaint, #3 Exhibit B: Fully Executed Stipulation, #4 Exhibit C: Plaintiff's Bill of Particulars, #5 Exhibit D: PC Order, #6 Exhibit E: Email Exchange, #7 Exhibit F: Defendant's' Removal Petition, #8 Memorandum of Law) (Mesterman, Dan) |
| Filing 5 NOTICE of Appearance by Dan Mesterman on behalf of All Plaintiffs (aty to be noticed) (Mesterman, Dan) |
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Filing 4
SCHEDULING ORDER: An Initial Conference is set for 7/13/2023 @ 2:45 PM before Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 2:45 PM. Enter Access code: 380-1746 and security code: 23-4067. So Ordered by Magistrate Judge Cheryl L. Pollak on 6/8/2023. (DC)
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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 Diane Gujarati and Magistrate Judge Cheryl L. Pollak. 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 Cromwell Environmental, Inc., Jacob Hayes from Supreme Court Queens County, case number 713745/2022. ( Filing fee $ 402 receipt number ANYEDC-16753870) (Attachments: #1 Exhibit A. sum.comp and BP, #2 Civil Cover Sheet) (Wiaderna, Karolina) |
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