Sanchez-Hernandez v. 3101 Ditmars Boulevard
| Luis Sanchez-Hernandez |
| 3101 Ditmars Boulevard and CVS Albany L.L.C. |
| 1:2024cv00495 |
| January 22, 2024 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on March 19, 2024. A more recent docket listing may be available from PACER.
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ORDER: Defendant CVS Albany L.L.C. ("CVS") requests an extension of time for defendant 3101 Ditmars Boulevard ("3101 Ditmars") to file a corporate disclosure statement, as CVS has not been able to contact defendant 3101 Ditmars. ECF No. #13 . The request is granted. Defendant 3101 Ditmars shall file a corporate disclosure statement in accordance with Federal Rule of Civil Procedure 7.1(2) by March 26, 2024. Ordered by Magistrate Judge Lois Bloom on 3/19/2024. (VP)
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| Filing 13 Letter by CVS Albany L.L.C. (Attachments: #1 NYDOS Inquiry) (Roach, Erin) |
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ORDER: Defendant CVS Albany L.L.C. ("CVS") removed this case from Bronx County Supreme Court to the United States District Court for the Southern District of New York, invoking the court's diversity jurisdiction. ECF No. #1 . The case was then transferred to this District. ECF No. #11 . A defendant removing a matter to federal court bears "the burden of establishing that the requirements for diversity jurisdiction [are] met." Mehlenbacher v. Akzo Nobel Salt, Inc., 216 F.3d 291, 296 (2d Cir. 2000). To establish diversity jurisdiction, defendant CVS must establish complete diversity of citizenship among the parties. 28 U.S.C. 1332(a). A limited liability company ("LLC") takes the citizenship of each of its members. Bayerische Landesbank, New York Branch v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). Local Civil Rule 81.1(2) requires a notice of removal in a diversity action to state the citizenship information of all partners or members of a LLC. Additionally, Fed. R. Civ. P. 7.1(2) requires a party in a diversity action to file a disclosure statement that names and identifies the citizenship of every individual or entity whose citizenship is attributed to that party.Defendant's Notice of Removal alleges that for purposes of diversity jurisdiction, defendant CVS is a citizen of Rhode Island, plaintiff is a Pennsylvania citizen, and defendant 3101 Ditmars Boulevard ("3101 Ditmars") is a LLC "with its members being residents of the State of New York." ECF No. 1 4. However, defendant 3101 Ditmars has not filed a corporate disclosure statement in accordance with Fed. R. Civ. P. 7.1(2). Defendant 3101 Ditmars shall do so by March 19, 2024. Defendant CVS also fails to demonstrate that it has complied with Section 1446(b) by obtaining the consent of defendant 3101 Ditmars prior to filing its Notice of Removal. See 28 U.S.C. 1446(b)(2)(A) ("When a civil action is removed solely under 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action."). Accordingly, defendant CVS is ordered to show good cause by March 19, 2024 why this matter should not be remanded to state court for lack of subject matter jurisdiction. Ordered by Magistrate Judge Lois Bloom on 3/12/2024. (EW)
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| Filing 12 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. (CV) |
| Filing 11 Case transferred in from District of New York Southern; Case Number 1:23-cv-10194. Original file certified copy of transfer order and docket sheet received. |
| The case of Sanchez-Hernandez v. 3101 Ditmars Boulevard, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 24-cv-495. PLEASE NOTE: 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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Filing 10
ORDER On January 17, 2024, the Court issued an Order to Show Cause why this case should not be transferred to the United States District Court for the Eastern District of New York pursuant to 28 U.S.C. 1404(a). See ECF No. 8 (noting that "all of the events and omissions giving rise to Plaintiff's claims appear to have occurred in Queens, New York"). The Court has been informed that no party opposes transfer to the Eastern District of New York. See ECF No. 9. Accordingly, pursuant to 28 U.S.C. 1404(a), the Court hereby transfers this case to the United States District Court for the Eastern District of New York. The Clerk of Court is directed to transfer the case to the Eastern District of New York and to close the case here. The waiting period set forth in Local Rule 83.1 is waived. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 1/22/2024) (jca) [Transferred from New York Southern on 1/23/2024.]
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| Filing 9 JOINT LETTER addressed to Judge Jennifer H. Rearden from Michelle Jean-Jacques dated January 22, 2024 re: Response to Order to Show Cause. Document filed by Luis Sanchez-Hernandez..(Jean-Jacques, Michelle) [Transferred from New York Southern on 1/23/2024.] |
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Filing 8
ORDER TO SHOW CAUSE: Accordingly, by Monday, January 22, 2024, Plaintiff is directed to show cause why this case should not be transferred to the Eastern District of New York. Alternatively, by that same date, the parties may inform the Court if they consent to the transfer of this case to the Eastern District of New York. If the Court does not receive a response to this Order by January 22, 2024, the Court will transfer the case to the Eastern District of New York without further notice. SO ORDERED. Show Cause Response due by 1/22/2024. (Signed by Judge Jennifer H. Rearden on 1/17/2024) (tg) [Transferred from New York Southern on 1/23/2024.]
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| Filing 7 NOTICE OF APPEARANCE by Vincent A. Nagler on behalf of 3101 Ditmars Boulevard..(Nagler, Vincent) [Transferred from New York Southern on 1/23/2024.] |
| Filing 6 NOTICE OF APPEARANCE by Jason Joseph Lavery on behalf of 3101 Ditmars Boulevard..(Lavery, Jason) [Transferred from New York Southern on 1/23/2024.] |
| Filing 5 NOTICE OF APPEARANCE by Michelle Jean-Jacques on behalf of Luis Sanchez-Hernandez..(Jean-Jacques, Michelle) [Transferred from New York Southern on 1/23/2024.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp) [Transferred from New York Southern on 1/23/2024.] |
| Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp) [Transferred from New York Southern on 1/23/2024.] |
| Case Designated ECF. (gp) [Transferred from New York Southern on 1/23/2024.] |
| Filing 4 AFFIDAVIT OF SERVICE. Document filed by CVS Albany, LLC..(Frost, Erin) [Transferred from New York Southern on 1/23/2024.] |
| Filing 3 CIVIL COVER SHEET filed..(Frost, Erin) [Transferred from New York Southern on 1/23/2024.] |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent CVS Pharmacy, Inc., Other Affiliate CVS Albany LLC for CVS Albany, LLC. Document filed by CVS Albany, LLC..(Frost, Erin) [Transferred from New York Southern on 1/23/2024.] |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 812277/2023E. (Filing Fee $ 402.00, Receipt Number ANYSDC-28594663).Document filed by CVS Albany, LLC. (Attachments: #1 Exhibit Exhibit A (S&C), #2 Exhibit Exhibit B (CVS' Answer & Demands), #3 Exhibit Exhibit C ( 3101 Ditmars Boulevard Answer), #4 Exhibit Exhibit D (Verified Bill of Particulars)).(Frost, Erin) [Transferred from New York Southern on 1/23/2024.] |
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