Williams et al v. Burlington et al
| Velma Williams and Ferst Williams |
| Burlington, Burlington Stores, Inc. and Burlington Coat Factory Warehouse Corporation |
| 1:2023cv04144 |
| June 5, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 14, 2023. A more recent docket listing may be available from PACER.
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ORDER REMANDING CASE to New York Supreme Court, King County, case number 513547/2023, for lack of subject matter jurisdiction. Defendants were ordered to show cause by 6/13/2023 why this case should not be remanded to state court for lack of jurisdiction and failed to respond to the Order to Show Cause. Defendants have not established that the amount in controversy exceeds $75,000, as is their burden, see Mehlenbacher v. Akzo Nobel Salt, Inc., 216 F.3d 291, 296 (2d Cir. 2000). Ordered by Judge Brian M. Cogan on 6/14/2023. (AR)
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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) |
| Case Assigned to Judge Brian M. Cogan. 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) |
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ORDER TO SHOW CAUSE. In a personal injury case removed on diversity grounds, the amount in controversy is not determined by piecing together boilerplate injury language from the state court complaint and guessing at whether the case is worth more than $75,000. Rather, there is a bright-line rule allowing removal based on plaintiff's demand, and defendants' 30-day period to remove does not begin to run until defendant exercises reasonable efforts to obtain that demand. See Moltner v. Starbucks Coffee Co., 624 F.3d 34 (2d Cir. 2010); Elome v. Sva Trucking LLC, No. 21-cv-5241, 2021 WL 4480456 (E.D.N.Y. Sept. 30, 2021). Although in a personal injury action, there is no demand in the complaint, C.P.L.R. 3017(c) provides a means to obtain that information, and there are other means as well. Here, all the complaint discloses is that plaintiff has a broken finger, and it is not at all clear that a broken finger case is worth more than $75,000. Defendants are therefore ORDERED TO SHOW CAUSE by 6/13/23 why this case should not be remanded for lack of subject matter jurisdiction. Ordered by Judge Brian M. Cogan on 6/6/2023. (PW)
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| Filing 1 NOTICE OF REMOVAL by Burlington, Burlington Coat Factory Warehouse Corporation, Burlington Stores, Inc. from Supreme Court of New York, County of Kings, case number 513547/2023. ( Filing fee $ 402 receipt number ANYEDC-16765050) (Attachments: #1 Exhibit A - Complaint, #2 Civil Cover Sheet) (Wolf, Randi) |
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