Thomas v. Thomas
| Aleena Thomas |
| Tintu Thomas |
| State Bank of India |
| 1:2023cv06531 |
| August 31, 2023 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Vera M Scanlon |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 RESPONSE TO ORDER TO SHOW CAUSE by State Bank of India (Attachments: #1 Exhibit A., #2 Exhibit B.) (Napierala, Natalie) |
| Filing 13 MEMORANDUM in Support re #12 Notice of MOTION to Quash and Dismiss Order to Show Cause for Lack of Jurisdiction filed by State Bank of India. (Attachments: #1 Declaration of Hadrian Tucker, #2 Exhibit A. to Declaration of Hadrian Tucker, #3 Exhibit B. to Declaration of Hadrian Tucker) (Napierala, Natalie) |
| Filing 12 Notice of MOTION to Quash and Dismiss Order to Show Cause for Lack of Jurisdiction by State Bank of India. (Napierala, Natalie) |
SCHEDULING ORDER: The parties' proposed briefing schedule at #8 is so-ordered. Defendant's motion to dismiss and/or quash is due on 10/6/2023. Plaintiff's opposition is due on 11/6/2023. Defendant's reply, if any, is due on 11/21/2023. Ordered by Judge Rachel P. Kovner on 10/4/2023. (SP)
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ORDER TO SHOW CAUSE: The Sovereign Bank of India ("SBI") is directed to show cause by 10/18/2023 why this action should not be remanded to state court. District courts may sua sponte remand a case for lack of jurisdiction. See 28 U.S.C. 1447(c). "It is well-settled that the party asserting federal jurisdiction bears the burden of establishing jurisdiction." Blockbuster, Inc. v. Galeno, 427 F.3d 53, 57 (2d. Cir. 2006). SBI's notice of removal advises the Court that SBI is not a party in the underlying state court divorce proceeding but is the recipient of an order to show cause in relation to that proceeding. #1 Notice of Removal 2-3 1, 4. SBI invokes 28 U.S.C. 1441(d), which provides that "[a]ny civil action brought in State court against a foreign state... may be removed by the foreign state to the district court." SBI argues that Section 1441(d) allows it to remove the entirety of the state court action to federal court, citing in support a case recognizing removal jurisdiction over an action removed "by a foreign sovereign defendant, even where the defendant [was] implicated only by virtue of third-party claims." Kully v. Aircraft Serv. Intl Grp., Inc., 662 F. Supp. 2d 259, 260 (E.D.N.Y. 2009); see Notice of Removal 2. But SBI is not a third-party defendant and has not established that non-parties have the ability to remove actions under Section 1447(c). Additionally, SBI seeks to remove the "entire action," but "'divorce, alimony, and child custody decrees' remain outside federal jurisdictional bounds." Marshall v. Marshall, 547 U.S. 293, 308 (quoting Ankenbrandt v. Richards, 504 U.S. 689, 703 (1992)). Accordingly, SBI shall show cause by 10/18/2023 why this action should not be remanded to state court. Failure to respond will likely result in remand. Ordered by Judge Rachel P. Kovner on 10/4/2023. (SP)
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| Filing 11 NOTICE of Appearance by Michael David Sloan on behalf of State Bank of India (aty to be noticed) (Sloan, Michael) |
| Filing 10 NOTICE of Appearance by Dennis Gerard Corr on behalf of Aleena Thomas (aty to be noticed) (Corr, Dennis) |
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ORDER granting #9 Motion for Leave to Appear Pro Hac Vice. Ordered by Magistrate Judge Vera M. Scanlon on 9/10/2023. (GS)
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| Filing 9 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17066836 by State Bank of India. (Attachments: #1 Affidavit Affidavit in Support, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order) (Wright, David) |
| Filing 8 Letter MOTION for Extension of Time to File Response/Reply by State Bank of India. (Napierala, Natalie) |
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Filing 7
SCHEDULING ORDER: An In-Person Initial Conference is scheduled for 1/11/2024 at 2:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 12/19/2023. In the event that Defendant has not answered or otherwise appeared, Plaintiff must also mail a copy of this Order, its attachment and the full docket to the last known mailing address for Defendant and file proof on ECF by the CMP filing date. Ordered by Magistrate Judge Vera M. Scanlon on 9/7/2023. (MG)
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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) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Vera M. Scanlon. 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) |
| Filing 4 NOTICE of Appearance by Carter Wallace on behalf of State Bank of India (aty to be noticed) (Wallace, Carter) |
| Filing 3 NOTICE of Appearance by Natalie Napierala on behalf of State Bank of India (notification declined or already on case) (Napierala, Natalie) |
| Filing 2 NOTICE by State Bank of India Notice of Serving and Filing Notice of Removal (Attachments: #1 Exhibit A. Notice of Filing Notice of Removal) (Napierala, Natalie) |
| Filing 1 NOTICE OF REMOVAL by State Bank of India from Supreme Court of the State of New York County of Queens, case number 716852/2023. ( Filing fee $ 402 receipt number ANYEDC-17043995) (Attachments: #1 Exhibit A. Order to Show Cause, #2 Exhibit B. Civil Cover Sheet) (Napierala, Natalie) |
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