694 Everdell Properties, Inc. v. Gallagher et al

Petitioner: 694 Everdell Properties, Inc.
Respondent: Laura Gallagher, Jane Does 1-2, John Doe 1-2 and John F. Gallagher
Case Number: 2:2018cv05553
Filed: October 23, 2018
Court: US District Court for the Eastern District of New York
Presiding Judge: Joan M Azrack
Referring Judge: Arlene R Lindsay
Nature of Suit: Rent Lease & Ejectment
Cause of Action: 23:1441
Jury Demanded By: None

Docket Report

This docket was last retrieved on October 25, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 25, 2018 Opinion or Order ORDER Remanding Action to State Court. On October 23, 2018, pro se respondent Laura Gallagher removed this eviction proceeding from the First District Court in Nassau County. Gallagher previously removed this same action on December 22, 2017. (See 17-cv-7459 (JMA) (ARL).) In the prior action, Gallagher never filed any papers in opposition to petitioner's motion to remand, which the Court ultimately granted. That action was remanded back to state court on June 7, 2018. The current notice of removal filed by Gallagher is defective for the same reasons as her initial flawed notice of removal. Critically, the Court lacks subject matter jurisdiction over this action. To the extent that Gallagher premised removal on the presence of counterclaims or defenses based on federal law, that is not a basis for removal to federal court. See Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., 535 U.S. 826 (2002). Remand is also required on other grounds, including the failure of all respondents to consent to removal. Although Gallagher claims that the other respondents will file their consents to removal under separate cover, no such consents have been filed to date. Additionally, Gallagher's latest notice of removal is clearly untimely. Finally, Gallagher's request to submit briefing concerning the propriety of removal is denied. Notably, in the prior action, Gallagher had the opportunity to file opposition papers, but failed to do so. The latest notice of removal filed by Gallagher appears to be a frivolous attempt to obstruct the eviction proceedings in state court. Accordingly, this action is sua sponte remanded to the First District Court in Nassau County, New York. The Clerk of Court is directed to mail a certified copy of this Order to the First District Court in Nassau County, New York. The Clerk of Court is also directed to mail a copy of this Order to pro se respondent Laura Gallagher. Petitioner is directed to mail copies of this Order to the other respondents in this action and to promptly file proof of service on ECF. Ordered by Judge Joan M. Azrack on 10/25/2018. (RT)
October 25, 2018 Filing 3 Notice of Related Case; 17-cv-7459-JMA-ARL (Cox, Dwayne)
October 24, 2018 The case of 694 Everdell Properties, Inc. v. Gallagher et al, has been transferred from District Court of Nassau County, First District Court: Hempstead: Landlord/Tenant Part to the Eastern District of New York. The new case number is 18-cv-05553-JMA-ARL. 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. (Cox, Dwayne)
October 24, 2018 Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the 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 may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Cox, Dwayne)
October 23, 2018 FILING FEE: $ 400.00, receipt number 26411 (Cox, Dwayne)
October 23, 2018 Filing 1 NOTICE OF REMOVAL by Laura Gallagher from District Court of Nassau County, First District: Hempstead: Landlord/Tenant Part, case number LT-005879-17. Disclosure Statement on Civil Cover Sheet completed -No, (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet) (Cox, Dwayne)

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Respondent: Laura Gallagher
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Respondent: Jane Does 1-2
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Respondent: John Doe 1-2
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Respondent: John F. Gallagher
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Petitioner: 694 Everdell Properties, Inc.
Represented By: Bryan D. Barnes
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