Williams et al v. State Of New York et al
| Jaime Williams, Joann Ariola, David M. Carr, Joseph Borelli, Stacey Pheffer-Amato, Nicole Malliotakis, Inna Vernikov, Ari Kagan, Kalman Yeger, Robert Holden, Vickie Paladino, Michael Novakhov, Alec Brook-Krasny, Lester Chang, Michael Reilly, Paul King, Margaret Powers, Daniel Mundy, Sr., Mary Glynn, Catherine Rose, Robert Rose, Dina Tammaro, Thomas P. Sullivan, Harold Paez, Virginia Donohue, Mark Anaya, Peter N. Spencer, Phyllis Inserillo, Roger Gendron, Rick Martino, Paul Curiale, Aris Sinesi, John Mooney, Elizabeth Morrissey, Rob Mazzuchin, Michael Trotta, Michael Reinhardt, Frank Romano and Christina Caputo |
| State Of New York, Kathy Hochul, City of New York and Eric L. Adams |
| 1:2023cv07190 |
| September 27, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
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| Document Text |
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ORDER REMANDING CASE. Although defendants' notice of removal sets forth in detail its argument on why this case is removable as a matter of federal question jurisdiction, the argument is unpersuasive. On its face, plaintiffs' state court complaint does not allege a federal question sufficient for this Court to exercise jurisdiction under 28 U.S.C. 1331. The complaint merely references the National Environmental Policy Act ("NEPA") in its allegations that defendants did not follow the proper environmental assessment process in their handling of the subject lands. Defendants' notice of removal inaccurately characterizes plaintiffs' references to NEPA procedure as "NEPA claims." Federal question jurisdiction requires more: it does not arise simply because "a complaint alleg[es] a violation of a federal statute as an element of a state cause of action when Congress has determined that there should be no private federal cause of action for the violation." Merrell Dow Pharmaceuticals, Inc. v. Thompson, 478 U.S. 804, 818 (1986); see also Bracey v. Board of Educ. Of City of Bridgeport, 368 F.3d 108, 113 (2d Cir. 2004). NEPA does not provide a private federal cause of action for violations. See Atlantic States Legal Foundation v. Babbitt, 140 F. Supp. 185, 189 (N.D.N.Y. April 6, 2001) (internal citations removed). The case is therefore remanded to the Supreme Court of the State of New York, Richmond County, case number 85190/2023. Ordered by Judge Brian M. Cogan on 10/13/2023. (PW)
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| Case no longer referred to Magistrate Judge James R. Cho. (AF) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Brian M. Cogan 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 10/12/2023. (AF)
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| Case Reassigned to Judge Dora Lizette Irizarry and Magistrate Judge James R. Cho. 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. (BBM) |
| Filing 10 CERTIFICATE OF SERVICE by Eric L. Adams, City of New York re Order on Motion for Extension of Time to Answer,, Set Deadlines, (Rauchberg, Andrew) |
| Filing 9 CERTIFICATE OF SERVICE by Eric L. Adams, City of New York of the Notice of Filing of Notice of Removal, as filed in New York State Supreme Court (Attachments: #1 Exhibit Notice of Filing of Notice of Removal, as filed in New York State Supreme Court, #2 Exhibit NYSCEF filing confirmation) (Rauchberg, Andrew) |
| Filing 8 CERTIFICATE OF SERVICE by Eric L. Adams, City of New York re #1 Notice of Removal, (Rauchberg, Andrew) |
| Filing 7 NOTICE of Appearance by Claire O'Brien on behalf of Kathy Hochul, State Of New York (aty to be noticed) (O'Brien, Claire) |
| Filing 6 NOTICE of Appearance by Temidayo Aganga-Williams on behalf of Kathy Hochul, State Of New York (aty to be noticed) (Aganga-Williams, Temidayo) |
| Filing 5 NOTICE of Appearance by Faith E. Gay on behalf of Kathy Hochul, State Of New York (aty to be noticed) (Gay, Faith) |
| Filing 4 Letter MOTION for Extension of Time to File Response/Reply to the Complaint, submitted on behalf of all Defendants by Eric L. Adams, City of New York. (Rauchberg, Andrew) add event on 10/6/2023 (TT). |
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ORDER: Granting in part and denying in part motion for an extension of time to respond to the Complaint without prejudice and with leave to renew. By 10/17/2023, with plaintiffs' consent, defendants shall answer, move or otherwise respond to the Complaint. By 10/10/2023, counsel for the City Defendants shall serve a copy of this Order on counsel for the State Defendants and file proof of service on ECF. Ordered by Magistrate Judge James R. Cho on 10/6/2023. (TT)
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| NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (TT) |
| 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 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (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 Magistrate Judge James R. Cho. 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 Eric L. Adams, City of New York from Supreme Court of the State of New York, County of Richmond, case number 85190/2023. ( Filing fee $ 402 receipt number ANYEDC-17126227) (Attachments: #1 Civil Cover Sheet, #2 State Court Record) (Rauchberg, Andrew) |
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