Velez v. Riollano et al
| Yeridolfo Lizardo Velez |
| Jose Antonio Riollano, New York Cross Docking, LLC and Manhattan Beer Distributors, LLC |
| 1:2024cv02870 |
| April 17, 2024 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Natasha C Merle |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 14, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 11
STIPULATION & ORDER TO REMAND, granting #10 Motion to Remand to State Court -- This case is remanded to Supreme Court New York, Queens County. Ordered by Judge Natasha C. Merle on 6/14/2024. (certified copy mailed). (AG)
|
| Case Reassigned to Judge Natasha C. Merle and Magistrate Judge James R. Cho. Magistrate Judge James R. Cho no longer assigned as presider to this case. 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. (IH) |
|
ORDER: In light of the motion to remand (Dkt. 10), the Court adjourns sine die the 6/11/2024 initial conference. Ordered by Magistrate Judge James R. Cho on 6/10/2024. (SGC)
|
| Filing 10 MOTION to Remand to State Court by Manhattan Beer Distributors, LLC, New York Cross Docking, LLC, Jose Antonio Riollano. (Taffet, Scott) |
| NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (SGC) |
|
SCHEDULING ORDER re: #9 Letter filed by Manhattan Beer Distributors, LLC, New York Cross Docking, LLC, Jose Antonio Riollano. In light of defendants' response conceding that subject matter jurisdiction does not exist in this Court, by 6/7/2024, the parties shall file a stipulation effecting remand to Supreme Court New York, Queens County. Ordered by Magistrate Judge James R. Cho on 5/31/2024. (JDP)
|
| Filing 9 Letter by Manhattan Beer Distributors, LLC, New York Cross Docking, LLC, Jose Antonio Riollano (Taffet, Scott) |
| Filing 8 Letter by Manhattan Beer Distributors, LLC, New York Cross Docking, LLC, Jose Antonio Riollano (Moroknek, Harold) |
|
ORDER re #8 Letter filed by Manhattan Beer Distributors, LLC, New York Cross Docking, LLC, Jose Antonio Riollano. The Court grants defendants' request to extend the time to respond to this Court's Order to Show Cause to 5/23/2024. Ordered by Magistrate Judge James R. Cho on 5/6/2024. (JDP)
|
|
ORDER TO SHOW CAUSE re #1 Notice of Removal, filed by Manhattan Beer Distributors, LLC, New York Cross Docking, LLC, Jose Antonio Riollano. On April 17, 2024, defendants removed this case from New York State Supreme Court, Queens County to this Court based on diversity jurisdiction. See Notice of Removal, Dkt. 1. However, the removing defendants have not identified all members of defendants New York Cross Docking, LLC, and Manhattan Beer Distributors, LLC, and affirmatively alleged the citizenship of those members. See Dkt. 1. The citizenship of an LLC for diversity purposes is the citizenship of each of its members. See Bayerische Landesbank v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). The identity and citizenship of each member must be specifically alleged. See United States Liab. Ins. Co. v. M Remodeling Corp., 444 F. Supp. 3d 408, 410 (E.D.N.Y. 2020); see also S.D.N.Y./E.D.N.Y. Local Civil Rule 81.1 (requiring Notice of Removal to identify citizenship of each partner or member of "partnership, limited liability partnership, limited liability company, or other unincorporated association"); Fed. R. Civ. P. 7.1 (requiring party to file corporate disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court). In addition, because the Complaint is silent on damages and lacks information concerning the extent of plaintiff's injuries, the Court cannot determine that the amount in controversy threshold is satisfied based on plaintiffs general allegations. Such boilerplate pleadings do not suffice to establish that this action involves an amount in controversy adequate to support federal diversity jurisdiction. See, e.g., Isahakov v. Burlington Coat Factory Warehouse Corp., No. 23-CV-2121, 2023 WL 3742324, at *2 (E.D.N.Y. May 9, 2023), report and recommendation adopted, 2023 WL 3742528 (E.D.N.Y. May 30, 2023).Accordingly, by May 9, 2024, the removing defendants must show good cause, in writing, why this action should not be remanded to the Supreme Court, Queens County. Ordered by Magistrate Judge James R. Cho on 5/2/2024. (JDP) Modified on 5/23/2024 (JDP).
|
| Filing 7 NOTICE of Appearance by Harold L. Moroknek on behalf of All Defendants (notification declined or already on case) (Moroknek, Harold) |
| Filing 6 DEMAND for Trial by Jury by Yeridolfo Lizardo Velez (Gambone, Adilya) |
| Filing 5 NOTICE of Appearance by Adilya Rishatovna Gambone on behalf of Yeridolfo Lizardo Velez (aty to be noticed) (Gambone, Adilya) |
|
Filing 4
SCHEDULING ORDER: A telephonic initial conference will be held on 6/11/2024 at 12:30 p.m. before Magistrate Judge James R. Cho. Counsel for all parties must participate. Parties are directed to call (toll free) 833-990-9400 and enter Meeting ID 709-478-501#. Counsel for defendants is directed to immediately confirm this conference date and time with plaintiff's counsel. Counsel is directed to complete the attached Proposed Scheduling Order and electronically file same with the Court no later than 6/7/2024. If any party has difficulty accessing the conference, please contact Chambers at 718-613-2110. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge James R. Cho on 4/22/2024. (SGC) Modified to add call-in information and deadline date on 4/22/2024 (SGC).
|
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) (Main Document 3 replaced on 4/17/2024) (AF). |
| Filing 2 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. (AF) |
| Filing 1 NOTICE OF REMOVAL by Manhattan Beer Distributors, LLC, New York Cross Docking, LLC, Jose Antonio Riollano from Queens, case number 705816/2024. ( Filing fee $ 405 receipt number ANYEDC-17783607) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Certificate of Service) (Moroknek, Harold) |
| Case Assigned to Magistrate Judge James R. Cho. 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. (AF) |
| 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. (AF) |
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.
