Nadiradze v. Whole Foods Market
| Marika Nadiradze |
| Whole Foods Market |
| 1:2023cv06609 |
| September 5, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on September 20, 2023. A more recent docket listing may be available from PACER.
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Certified Copy of Order of Remand to State Court to Kings County, case number 514218/2023. ( Ordered by Judge Brian M. Cogan on 9/19/2023 ) (RG)
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| Filing 4 MOTION for Extension of Time to File an Order to Show Cause by Whole Foods Market. (Warner, Jarett) |
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ORDER denying motion for an extension #4 and REMANDING CASE to Supreme Court, Kings County, Index No. 514218/2023. This Court is not going to continue to preside over an action as to which it has no subject matter jurisdiction. Defendant needed to have its jurisdictional facts established before it removed, not after. If the parties want to settle the case, they can do it in state court. Ordered by Judge Brian M. Cogan on 9/19/2023. (PW)
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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. (CV) |
| 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. (CV) |
| 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. (CV) |
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ORDER TO SHOW CAUSE. Defendant is ORDERED TO SHOW CAUSE by 9/19/23 why this action should not be remanded to state court based on defendant's failure to adequately show the amount in controversy. The burden is on defendant to show there is more than $75,000 in controversy. A failure to respond to a notice to admit is not necessarily the same as an admission. It is up to the state court to determine whether plaintiff should receive an extension or otherwise be relieved of the notice to admit. Defendant has not sought an Order from the state court confirming the effect of the failure to respond. Ordered by Judge Brian M. Cogan on 9/11/2023. (PW)
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| 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. (CV) |
| Filing 1 NOTICE OF REMOVAL by Whole Foods Market from Supreme Court Kings County, case number 514218/2023. ( Filing fee $ 402 receipt number ANYEDC-17053224) (Warner, Jarett) (Main Document 1 replaced on 9/11/2023) (CV). (Additional attachment(s) added on 9/11/2023: #1 Civil Cover Sheet) (CV). |
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| Plaintiff: Marika Nadiradze | |
| Represented By: | Linda J. Hoffman |
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| Defendant: Whole Foods Market | |
| Represented By: | Jarett Lawrence Warner |
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