Higgins v. CVS Albany, L.L.C.
| Michael Higgins |
| CVS Albany, L.L.C. |
| 1:2024cv01335 |
| February 22, 2024 |
| US District Court for the Eastern District of New York |
| Marcia M Henry |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Both |
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Filing 14
ORDER granting #13 : The parties' proposed protective order is So Ordered. See attached. So Ordered by Magistrate Judge Marcia M. Henry on 04/17/2024. (JL)
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| Filing 13 Proposed MOTION for Protective Order by CVS Albany, L.L.C.. (Muhlstock, Gary) |
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ORDER denying #11 : Pursuant to the undersigned's Individual Rule III.C.2, if a party believes that changes to the undersigned's form protective order are required due to the circumstances of the case, that party must submit a letter motion (not to exceed three pages) that explains the need for changes to the form protective order and attach as exhibits a clean copy of the proposed order and a redlined comparison between the proposed order and the form Protective Order. Here, the parties have failed to comply. Accordingly, the motion at ECF No. 11 is denied without prejudice and with leave to refile in accordance with the undersigned's individual rules. So Ordered by Magistrate Judge Marcia M. Henry on 04/03/2024. (JL)
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ORDER re #8 : The Court deems the Court's 02/27/2024 Order to Show Cause satisfied. The parties shall appear for an initial conference for which a separate scheduling shall issue. So Ordered by Magistrate Judge Marcia M. Henry on 04/03/2024. (JL)
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| Filing 12 Verified ANSWER to Complaint Amended by CVS Albany, L.L.C.. (Muhlstock, Gary) |
| Filing 11 Proposed MOTION for Protective Order by CVS Albany, L.L.C.. (Muhlstock, Gary) |
| Filing 10 AMENDED COMPLAINT against Michael Higgins, filed by Michael Higgins. (Miner, Marc) |
| Filing 9 STIPULATION to Amend Complaint by Michael Higgins (Miner, Marc) |
| Filing 8 Letter to Hon. Marcia M. Henry by CVS Albany, L.L.C. (Muhlstock, Gary) |
| Filing 7 Verified ANSWER to Complaint by CVS Albany, L.L.C.. (Muhlstock, Gary) |
| Filing 6 DEMAND for Trial by Jury by Michael Higgins (Miner, Marc) |
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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 this Court's diversity jurisdiction pursuant to 28 U.S.C. 1332(a)(2). The Notice of Removal #1 does not establish the requisite amount in controversy. The Notice of Removal states that "[i]f [Plaintiff's] allegations are ultimately proven, all of whichare expressly denied, then a verdict in this matter could exceed $75,000.00." (Notice of Removal, ECF No. 1 at 3). As this is a personal injury case, 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 is entitled to damages that exceeds the jurisdictional limits of all lower Courts which would otherwise have jurisdiction." (Compl., ECF No. 1-1 26.) "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, the 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). Accordingly, Defendant shall file a letter of no more than three (3) pages by 03/12/2024 showing cause why this case should not be dismissed for lack of subject matter jurisdiction. The letter 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 dismissal without prejudice for lack of subject matter jurisdiction. Plaintiff may respond to Defendant's letter by 03/19/2024 if he chooses, but is not required to do so. So Ordered by Magistrate Judge Marcia M. Henry on 02/27/2024. (JL)
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| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) |
| Filing 4 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. (SDM) |
| 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. (SDM) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 2 Corporate Disclosure Statement by CVS Albany, L.L.C. identifying Corporate Parent CVS Health Corporation for CVS Albany, L.L.C.. (Muhlstock, Gary) |
| Filing 1 NOTICE OF REMOVAL by CVS Albany, L.L.C. from Supreme Queens, case number 702876/2024. ( Filing fee $ 405 receipt number ANYEDC-17595393) (Attachments: #1 Exhibit Summons & Complaint, #2 Civil Cover Sheet) (Muhlstock, Gary) |
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| Plaintiff: Michael Higgins | |
| Represented By: | Marc Howard Miner |
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| Defendant: CVS Albany, L.L.C. | |
| Represented By: | Gary P. Muhlstock |
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