Pena v. Bourbon Barrel Foods, LLC
| Waleska Pena |
| Bourbon Barrel Foods, LLC |
| 1:2023cv08718 |
| November 27, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Civil Rights: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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Filing 7
ORDER: As further explained in the accompanying order, based on the parties' consent, see ECF No. #6 , and the Court's own independent conclusion that Plaintiff's claims do not satisfy the amount in controversy requirement necessary for diversity jurisdiction, the Court finds that it lacks jurisdiction over Plaintiff's claims. The Court therefore remands this case to the Supreme Court of the State of New York, Queens County. The Clerk of Court is respectfully directed to close this case and to mail a copy of this order to the Supreme Court of the State of New York, Queens County. Ordered by Judge Hector Gonzalez on 12/1/2023. (BH)
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| Filing 6 Letter MOTION to Remand to State Court With Consent of Defendant by Waleska Pena. (Piasecki, Ian) |
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Filing 5
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 January 3, 2024, 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 Defendant's 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 Defendant's deadline to answer or otherwise respond to Plaintiff's complaint, 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 Defendant's answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 11/29/2023. (BH)
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| Filing 4 NOTICE of Appearance by Adam S. Ennis on behalf of Bourbon Barrel Foods, LLC (notification declined or already on case) (Ennis, Adam) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before December 6, 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 diversity or federal question jurisdiction over the claims at issue in this case, but also whether Defendant complied with the procedural requirements for removal, including the requirements in 28 U.S.C. 1446. Defendant may file a responsive letter no longer than three pages on or before December 13, 2023.Each party's letter shall specifically address whether the Court may exercise diversity jurisdiction over Plaintiff's claims in light of the allegation in Plaintiff's complaint, which asserts claims under only state and local law, that Plaintiff "limits the total amount of her individual recovery" to "an amount not to exceed $74,999.90," "including without limitation general and consequential damages, attorneys' fees, litigation expenses, costs, pre- and post-judgment interest, and the costs of the non-monetary obligations that Plaintiff seeks specific performance of." ECF No. 1-3. Defendant's letter shall explain why Plaintiff's allegation does not require the Court to remand this case based on the U.S. Supreme Court's statement that "federal courts permit individual plaintiffs, who are the masters of their complaints, to avoid removal to federal court, and to obtain a remand to state court, by stipulating to amounts at issue that fall below the federal jurisdictional requirement." Standard Fire Ins. Co. v. Knowles, 568 U.S. 588, 595 (2013).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 Defendant the opportunity further to brief the issue, regardless of whether Defendant files a responsive letter. Ordered by Judge Hector Gonzalez on 11/29/2023. (BH)
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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. (AF) |
| Filing 2 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (AF) |
| 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. (AF) |
| Case Assigned to Judge Hector Gonzalez. 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. (AF) |
| Filing 1 NOTICE OF REMOVAL by Bourbon Barrel Foods, LLC from Supreme Court of State of New York County of Queens, case number 721122/2023. ( Filing fee $ 402 receipt number ANYEDC-17317255) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Ennis, Adam) |
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| Plaintiff: Waleska Pena | |
| Represented By: | Ian Piasecki |
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| Defendant: Bourbon Barrel Foods, LLC | |
| Represented By: | Adam S. Ennis |
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