12 Hemlock Court LLC v. Krumholz et al
| 12 Hemlock Court LLC |
| "Does (S)#1"-#10 and William Krumholz |
| 2:2018cv06069 |
| October 30, 2018 |
| US District Court for the Eastern District of New York |
| Arlene R Lindsay |
| Joanna Seybert |
| Real Property: Other |
| 23 U.S.C. ยง 1441 Contract Real Estate |
| None |
Docket Report
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| Document Text |
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| Civil Case Terminated. (Valle, Christine) |
ELECTRONIC ORDER Remanding Action to State Court. On October 30, 2018, pro se respondent William Krumholz removed this eviction proceeding from the Landlord/Tenant Part of the First District Court in Nassau County. Krumholz previously removed the underlying mortgage foreclosure action from the New York State Supreme Court, Nassau County, and by Summary Order of Remand dated September 18, 2018, this Court remanded it. (18-CV-4955 (JS)(ARL) (Docket Entry 4)). The current notice of removal filed by Krumholz is similarly flawed. Critically, the Court lacks subject matter jurisdiction over this action. To the extent that Krumholz premised removal on the presence of defenses or counterclaims 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, 831, 122 S. Ct 1889, 1894, 153 L. Ed. 2d 13 (2002) ("[F]ederal jurisdiction generally exists only when a federal question is presented on the face of the plaintiff's properly pleaded complaint.") (internal quotation marks and citation omitted). The instant notice of removal filed by Krumholz appears to be a frivolous attempt to obstruct the eviction proceedings in state court. Accordingly, to no longer further delay those proceedings, this action is sua sponte remanded to the First District Court in Nassau County, New York. Finally, Krumholz is warned that further, frivolous attempts to obstruct the state court eviction proceeding will not be tolerated. Should he continue this course of conduct, the Court will impose sanctions, which may include a litigation injunction upon notice and an opportunity to be heard.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 Krumholz. 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 Joanna Seybert on 11/2/2018. (Alessi, Samantha)
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| Filing 3 Notice of Related Cases: 17-cv-5337-JS and 18-cv-4955-JS-ARL (Cox, Dwayne) |
| 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) |
| Filing 1 NOTICE OF REMOVAL by William Krumholz from District Court of the County of Nassau, First District: Landlord/Tenant Part, case number LT-005943-18. Disclosure Statement on Civil Cover Sheet completed -No, (Attachments: #1 Exhibit, #2 Civil Cover Sheet) (Cox, Dwayne) |
| FILING FEE: $ 400.00, receipt number 26446 (Cox, Dwayne) |
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