Sanchez Gonzalez v. Patel et al
| Beranbe Sanchez Gonzalez |
| Sanjay M. Patel and Krish Patel |
| 1:2024cv01362 |
| February 23, 2024 |
| US District Court for the Eastern District of New York |
| Nina Gershon |
| Marcia M Henry |
| Motor Vehicle |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 10 Proposed Scheduling Order by Krish Patel, Sanjay M. Patel (Scahill, Francis) |
ORDER: The Court ordered the parties to file a joint Proposed Discovery Plan by 04/18/2024. (See 04/01/2024 Order.) To date, the parties have failed to comply or request an extension of time to do so. The Court sua sponte extends the deadline to file a joint Proposed Discovery Plan to 04/22/2024 at 12:00 P.M. So Ordered by Magistrate Judge Marcia M. Henry on 04/19/2024. (RA)
|
|
Filing 9
SCHEDULING ORDER: A video initial conference is scheduled for 04/25/2024 at 9:30AM before Magistrate Judge Marcia M. Henry. All parties are directed to appear via video. Case participants shall join the video call ten (10) minutes before the conference and shall use the Zoom invitation link sent to the email addresses listed on the docket. Counsel are directed to review the attached Initial Conference Order and this Court's Individual Practice Rules for instructions. By 04/18/2024, 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). To access this conference telephonically, the toll-free number 646-828-7666 and follow these steps: (1) Enter the meeting ID number: 160 975 9024 and then press #. (2) Press # again. (3) Enter the passcode: 918305 . Persons granted remote access to proceedings are reminded that photographing, recording, and rebroadcasting of any court proceeding or communication with the Court are prohibited. Violation of these prohibitions may result in sanctions. A transcript of the proceedings may be ordered from the Clerk's Office or the assigned Court Reporter. So Ordered by Magistrate Judge Marcia M. Henry on 04/01/2024.(Attachments: #1 Individual Practice Rules, #2 Proposed Discovery Plan) (SY)
|
| Filing 8 Letter to Magistrate Henry requesting initial conference by Krish Patel, Sanjay M. Patel (Scahill, Francis) |
| Minute Entry for proceedings held before Judge Nina Gershon on 3/27/2024: Oral argument held on Magistrate Judge Henry's 2/27/2024 order to show cause. Earle F. Weprin of the Law Offices of William Pager appeared for Plaintiff. Francis Scahill of the Scahill Law Group appeared on behalf of both defendants. The parties agree that removal was timely. The Court grants plaintiffs application to substitute Krish Patel for defendant John Doe, and defendants counsel waives the affirmative defense of lack of personal jurisdiction over defendants. The matter is respectfully referred to Magistrate Judge Henry for supervision of discovery and for settlement discussions when appropriate. (Court Reporter Andronikh Barna.) (RG) |
| Set/Reset Hearings: Virtual oral argument on the motion to remand this case set for Wednesday, 3/27/2024 at 11:00 AM before Judge Nina Gershon. Parties involved in the case will receive a Zoom invitation by email. Interest parties and the public may dial (646) 828-7666 and enter the Meeting ID: 161 928 5659#, follow by the Passcode: 983442# to listen in. (VWJ) |
| Filing 7 Letter in response to Defendant's letter by Beranbe Sanchez Gonzalez (Attachments: #1 Exhibit Answer, #2 Exhibit Affidavit of Service, #3 Exhibit Affidavit of Service, #4 Exhibit Certificate of Mailing) (Pager, William) |
| Filing 6 DEMAND for Trial by Jury by Beranbe Sanchez Gonzalez (Pager, William) |
|
ORDER re #5 : Plaintiff shall respond to Defendants' letter by 03/15/2024. So Ordered by Magistrate Judge Marcia M. Henry on 3/6/2024. (RA)
|
| Filing 5 Letter to Magistrate Judge Marcia M. Henry regarding objection to remand by Krish Patel, Sanjay M. Patel (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Affidavit of Service, #3 Exhibit Answer, #4 Exhibit Affidavit of Compliance, #5 Exhibit Affirmation, #6 Exhibit Affirmation) (Scahill, Francis) |
|
ORDER TO SHOW CAUSE: Defendants are ordered to show cause why this case should not be remanded to state court. A state court defendant seeking to remove an action to federal court must file its notice of removal "within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based." 28 U.S.C. 1446(b)(1). Plaintiff filed this action in the Supreme Court of New York, Queens County on December 1, 2023, and Defendants were served the same day. ECF No. 1 at 4. Defendants then filed a notice of removal with this Court on February 23, 2024, see ECF No. 1, which is nearly two months after their deadline to remove under 1446(b)(1). Accordingly, Defendants shall file a letter of no more than three (3) pages by 03/05/2024 explaining why this case should not be remanded. The letter shall include relevant facts and legal authority to address the issues raised in this Order. Plaintiff may respond to Defendants' letter by 03/15/2024 but is not required to do so. So Ordered by Magistrate Judge Marcia M. Henry on 02/27/2024. (RA)
|
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) |
| Filing 3 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 2 Civil Cover Sheet.. Re #1 Notice of Removal by Krish Patel, Sanjay M. Patel (Scahill, Francis) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Supreme Court/Kings County, case number 535176/2023. ( Filing fee $ 405 receipt number ANYEDC-17599826) (Attachments: #1 Exhibit Pltf S&C and Deft Answer) (Scahill, Francis) |
| 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) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
