PC-50 Doe v. St. Joseph Roman Catholic Church at Babylon in the County of Suffolk in the State of New York et al
| PC-50 Doe |
| St. Joseph Roman Catholic Church at Babylon in the County of Suffolk in the State of New York doing business as St. Joseph Catholic School and St. Joseph Roman Catholic Church, Franciscan Brothers, Inc. doing business as Franciscan Brothers of Brooklyn and Joseph McComiskey |
| The Roman Catholic Diocese of Rockville Centre, New York. |
| 1:2023cv05059 |
| July 5, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Dora Lizette Irizarry |
| Cheryl L Pollak |
| P.I.: Other |
| 28 U.S.C. § 1446 Notice of Removal |
| None |
Docket Report
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Filing 15
ORDER: The Court GRANTS Plaintiff's motion to remand this case to state court. See ECF No. #11 . For the reasons set forth in the accompanying order, the Court must abstain from exercising jurisdiction and, alternatively, would exercise its discretion to abstain from exercising jurisdiction if mandatory abstention did not apply. Accordingly, the Court hereby orders that this case is remanded to the Supreme Court of the State of New York, Kings County (Index No. 510647/2021). The Clerk of Court is respectfully directed to close this case and to mail a copy of this order to the Kings County Supreme Court. Ordered by Judge Hector Gonzalez on 8/17/2023. (BH)
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| Filing 14 Letter Regarding Remand by PC-50 Doe (Fogel, Yitzchak) |
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ORDER: In light of Plaintiff's pending request to remand this case to state court, and the Diocese of Rockville Centre's pending motion in the U.S. District Court for the Southern District of New York to transfer this case to that Court, the Court finds that good cause exists to delay entering the scheduling order required by Rule 16(b). The Court therefore adjourns sine die the parties' deadline set in the Court's prior order to file a proposed case management plan and a joint letter describing the case. See ECF No. #10 . The Court will set a new deadline for those submissions, if necessary, after ruling on Plaintiff's request to remand the case. The deadlines set by the Court's prior order requesting submissions from the parties regarding the remand issue remain in effect. Ordered by Judge Hector Gonzalez on 8/9/2023. (BH)
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| Filing 13 STIPULATION by Franciscan Brothers, Inc., St. Joseph Roman Catholic Church at Babylon in the County of Suffolk in the State of New York (Adams, Charles) |
| Filing 12 ANSWER to Complaint by Franciscan Brothers, Inc., St. Joseph Roman Catholic Church at Babylon in the County of Suffolk in the State of New York. (Adams, Charles) |
| Filing 11 Letter MOTION to Remand to State Court by PC-50 Doe. (Fogel, Yitzchak) |
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Filing 10
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by August 29, 2023, as further described in the attached mandatory requirements. The parties' joint letter shall include a description of any discovery that has already been conducted in state court prior to Defendants' removal of this case.Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Although the Court will be amenable to a reasonable extension of Defendants' deadline to answer or otherwise respond to Plaintiff's complaint, if Defendants have not yet filed their answer(s) in state court, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answer(s) to set a discovery schedule. Ordered by Judge Hector Gonzalez on 7/25/2023. (BH)
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ORDER: Plaintiff shall file a letter no longer than five pages on or before August 8, 2023, explaining Plaintiff's position regarding whether this case was properly removed from state court. Plaintiff's letter must address not only whether the Court has jurisdiction over the claims at issue in this case, but also whether Plaintiff's claims meet the criteria for mandatory or permissive abstention under 28 U.S.C. 1334 or equitable remand under 28 U.S.C. 1452. Plaintiff's letter shall also address whether Defendants complied with the procedural requirements for removal, including the requirements in 28 U.S.C. 1446 or Fed. R. Bankr. P. 9027. Defendants may file a responsive letter no longer than five pages on or before August 22, 2023.If Plaintiff's letter indicates that removal was improper, the Court will likely take under consideration whether to remand this case based solely on the parties' letters, without affording Defendants the opportunity further to brief the issue, regardless of whether Defendants file a responsive letter. Ordered by Judge Hector Gonzalez on 7/25/2023. (BH)
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ORDER REASSIGNING CASE. Case reassigned to Judge Hector Gonzalez for all further proceedings. Judge Dora Lizette Irizarry no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 7/24/2023. (KD)
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| Filing 9 NOTICE by PC-50 Doe Non-Consent Pursuant to Bankruptcy Rule 9027(e)(3) (Fogel, Yitzchak) |
| Filing 8 NOTICE by The Roman Catholic Diocese of Rockville Centre, New York. /Notice of Joint Petition to Fix Venue for Claims Related to The Roman Catholic Diocese of Rockville Centre's Bankruptcy Under 28 U.S.C. 157(b)(5) AND 1334(b) (Attachments: #1 Exhibit A - DRVC Related Parties Petition, Memorandum of Law, and Proposed Order, #2 Exhibit B - District Court Order) (Geremia, Todd) |
| Filing 7 NOTICE of Appearance by Daniel John Woodard on behalf of PC-50 Doe (aty to be noticed) (Woodard, Daniel) |
| Filing 6 NOTICE of Appearance by Yitzchak M Fogel on behalf of PC-50 Doe (aty to be noticed) (Fogel, Yitzchak) |
| 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. (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 Dora Lizette Irizarry 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 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CL) |
| Filing 3 Civil Cover Sheet.. by St. Joseph Roman Catholic Church at Babylon in the County of Suffolk in the State of New York (Nador, Joseph) |
| Filing 2 Civil Cover Sheet.. by St. Joseph Roman Catholic Church at Babylon in the County of Suffolk in the State of New York (Nador, Joseph) |
| Filing 1 NOTICE OF REMOVAL by St. Joseph Roman Catholic Church at Babylon in the County of Suffolk in the State of New York from Supreme Court Kings County, case number 510647/2021. ( Filing fee $ 402 receipt number ANYEDC-16856222) (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Affidavit of Service, #3 Exhibit order denying debtor's motion, #4 Exhibit Joint stipulation and order extending time to file notice of removal Oct. 30, 2020, #5 Exhibit Joint stipulation and order extending time to file notice of removal Nov. 23, 2020) (Nador, Joseph) |
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| Plaintiff: PC-50 Doe | |
| Represented By: | Diane Paolicelli |
| Represented By: | Daniel John Woodard |
| Represented By: | Yitzchak M Fogel |
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| Defendant: St. Joseph Roman Catholic Church at Babylon in the County of Suffolk in the State of New York doing business as St. Joseph Catholic School and St. Joseph Roman Catholic Church | |
| Represented By: | Joseph M. Nador |
| Represented By: | Charles J. Adams |
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| Defendant: Franciscan Brothers, Inc. doing business as Franciscan Brothers of Brooklyn | |
| Represented By: | Charles J. Adams |
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| Defendant: Joseph McComiskey | |
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| Interested party: The Roman Catholic Diocese of Rockville Centre, New York. | |
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