Dadde v. Quest Diagnostics et al
| Mohamed Dadde |
| Quest Diagnostics and Jane Doe |
| 1:2024cv00465 |
| January 22, 2024 |
| US District Court for the Eastern District of New York |
| Carol Bagley Amon |
| Marcia M Henry |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1332 Diversity-Medical Malpractice |
| None |
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Filing 10
SCHEDULING ORDER: An in-person initial conference will be held on 04/05/2024 at 11:00AM in Courtroom 504 North before Magistrate Judge Marcia M. Henry. All counsel must attend.Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 03/29/2024, the parties must file a joint and completed copy of the attached Proposed Discovery Plan (also available in PDF format at: # https://img.nyed.uscourts.gov/files/local_rules/ProposedDiscoveryPlanMMH.pdf). So Ordered by Magistrate Judge Marcia M. Henry on 10/24/2023.(Attachments: #1 Individual Practice Rules, #2 Proposed Discovery Plan) (SY)
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ORDER re #9 : The Court's 01/26/2024 Order to Show Cause is satisfied. A scheduling order for an initial conference shall issue separately. So Ordered by Magistrate Judge Marcia M. Henry on 02/13/2024. (JL)
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| Filing 9 Letter to Magistrate Judge Marcia M. Henry responding to the January 26, 2024 Order to Show Cause by Quest Diagnostics (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Jury Verdicts) (Singh, Amrit) |
| Filing 8 ANSWER to Complaint and Affirmative Defenses by Quest Diagnostics. (Fenton-Valdivia, Lauren) |
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ORDER TO SHOW CAUSE: Pursuant to Fed. R. Civ. P. 12(h)(3), the Court must dismiss an action if it determines at any time that it lacks subject-matter jurisdiction. Further, this Court has an obligation to examine its subject-matter jurisdiction sua sponte. Joseph v. Leavitt, 465 F.3d 87, 89 (2d Cir. 2006). Here, the Notice of Removal does not properly establish the requisite amount in controversy required for diversity jurisdiction pursuant to 28 U.S.C. 1332(a)(2). The Notice of Removal states that there is "reasonable probability" that Plaintiff's damages exceed $75,000 because of the nature of the injuries alleged in the Complaint (Notice of Removal, ECF No. 1 para. 15.) Specifically, Defendants rely on the allegation that Plaintiff fell "with great force, causing him to sustain serious and permanent injuries," and that Plaintiff was caused to incur expenses for medical care to treat these injuries. (Compl., ECF No. 1-1 paras. 24, 28.) The Complaint makes no mention of "seventy-five thousand dollars" or any other amount in controversy, as required under N.Y. C.P.L.R. 3017(c). Instead, the Complaint alleges that Plaintiff was damaged in a sum which exceed the jurisdictional limits of all lower courts which would otherwise have jurisdiction. (Compl., ECF No. 1-1 para. 29.) "This mention of the 'lower courts' refers to the limitation that the lower civil courts of New York may not entertain actions seeking to recover more than $25,000." Torres v. O'Brien-Briggs, No. 20-CV-5360 (PKC)(RLM), 2020 WL 7024368, at *2 (E.D.N.Y. Nov. 30, 2020) (citation omitted). Moreover, Defendants' removal papers do not include an "amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable." See 28 U.S.C. 1446(b)(3).Courts within the Second Circuit have repeatedly held that medical records are insufficient to establish the required jurisdictional amount. Elome v. Sva Trucking LLC, No. 21-CV-05241 (BMC), 2021 WL 4480456, at *2 (E.D.N.Y. Sept. 30, 2021) (collecting cases). Here, Defendants do not even rely on medical records to show that the requisite amount in controversy has been met or produced any other document to show that case is removable.Accordingly, by 02/12/2024, Defendants shall file a letter of no more than three (3) pages showing cause why this action should not be dismissed for lack of subject matter jurisdiction. The submission shall include relevant facts and legal authority to address the issues raised in this Order. Failure to timely respond to this Order may result in a sua sponte recommendation to dismiss this action without prejudice for lack of subject matter jurisdiction. So Ordered by Magistrate Judge Marcia M. Henry on 01/26/2024. (JL)
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| Filing 7 NOTICE of Appearance by Michael Thomas Hensley on behalf of Quest Diagnostics (aty to be noticed) (Hensley, Michael) |
| Filing 6 NOTICE of Appearance by Amrit Paul Singh on behalf of Quest Diagnostics (aty to be noticed) (Singh, Amrit) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 4 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 (CV) |
| Filing 3 Corporate Disclosure Statement by Quest Diagnostics (Fenton-Valdivia, Lauren) |
| 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) |
| Filing 2 Civil Cover Sheet.. by Quest Diagnostics (Fenton-Valdivia, Lauren) |
| Filing 1 NOTICE OF REMOVAL by Quest Diagnostics from Supreme Court of the State of New York, County of Kings, case number 537133/2023. ( Filing fee $ 405 receipt number ANYEDC-17487635) (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Affidavit of Service) (Fenton-Valdivia, Lauren) |
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