Joseph v. DeFreitas et al
| Melissa Joseph |
| Alexandre F DeFreitas and H & M Trucking LLC |
| 1:2024cv02701 |
| April 11, 2024 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| None |
Docket Report
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This docket was last retrieved on April 11, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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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. (KD) |
| Filing 4 Civil Cover Sheet.. by Alexandre F DeFreitas, H & M Trucking LLC (Schaefer, Sean) |
| Filing 3 NOTICE! Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Again you have not provided the second page of the civil cover sheet. One has been provided to you on this docket entry. To submit use event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
| Filing 2 Civil Cover Sheet.. by Alexandre F DeFreitas, H & M Trucking LLC (Attachments: #1 Exhibit Summons & Complaint, #2 Exhibit Notice of Removal County Court, #3 Exhibit AOS of S&C on DeFreitas at Place of Employment, #4 Exhibit AOS of S&C on H&M via Personal Service) (Schaefer, Sean) |
| Filing 1 NOTICE OF REMOVAL by All Defendants ( Filing fee $ 405 receipt number ANYEDC-17763096) (Attachments: #1 Civil Cover Sheet) (Schaefer, Sean) |
| 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. (KD) |
ORDER TO SHOW CAUSE. Defendants are ORDERED TO SHOW CAUSE by 4/18/24 why this case should not be remanded to the Supreme Court, Queens County for lack of diversity jurisdiction on the grounds that (1) defendants have failed to properly allege the citizenship of the defendant LLC, see Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012) (citing Handelsman v. Bedford Village Associates Ltd. Partnership, 213 F.3d 48 (2d Cir. 2000); Flemming v. Port Auth. of N.Y. & N.J., No. 21-cv-1112, 2021 WL 878558, at *1 (E.D.N.Y. March 9, 2021); U.S. Liab. Ins. Co v. M Remodeling Corp., 444 F. Supp. 3d 408, 409-10 (E.D.N.Y. 2020); and (2) defendants have not alleged, let alone established, that the amount in controversy exceeds the jurisdictional threshold for diversity jurisdiction. Ordered by Judge Brian M. Cogan on 4/11/2024. (PW)
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| Case Assigned to Judge Brian M. Cogan. 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. (KD) |
| NOTICE: Counsel is directed to file the STATE COURT RECORDS on this docket. (KD) |
| NOTICE! Re:: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit A COMPLETED SECOND PAGE, (NOT THE INSTRUCTION PAGE) Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
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