Rosato v. Schwartz, MD
Plaintiff: Peter Rosato
Defendant: David Schwartz, MD
Case Number: 2:2019cv01061
Filed: February 22, 2019
Court: US District Court for the Eastern District of New York
Presiding Judge: Gary R Brown
Referring Judge: Denis R Hurley
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 9, 2019 Filing 11 AFFIDAVIT of Service for Order granting Defendant additional time to respond to the Complaint, and Plaintiff's Amended Complaint served on Defendant David Schwartz, MD on April 9, 2019, filed by Peter Rosato. (Savic, Stefan)
April 9, 2019 Filing 10 AMENDED COMPLAINT against David Schwartz, MD, filed by Peter Rosato. (Savic, Stefan)
April 3, 2019 Opinion or Order ORDER re #7 : The Court has reviewed Plaintiff's response to this Court's Order to Show Cause and finds that subject matter jurisdiction exists. Plaintiff is directed to amend the Complaint to explicitly state that the parties are "citizens" of New York and New Jersey. Plaintiff shall file such amended complaint on or before April 15, 2019. Ordered by Judge Denis R. Hurley on 4/3/2019. (Bochner, Francesca)
March 29, 2019 Opinion or Order ELECTRONIC ORDER granting #9 Motion for Extension of Time to Answer. Defendant shall file his answer on or before 05/07/2019. Plaintiff is directed to serve a copy of this order upon defendant and file proof of service. Ordered by Magistrate Judge Gary R. Brown on 3/29/2019. c/ecf to plaintiff (Gilpin, Daniel)
March 27, 2019 Filing 9 Letter MOTION for Extension of Time to File Answer re #1 Complaint by David Schwartz, MD. (Cubano, Jazmin)
March 22, 2019 Filing 8 SUMMONS Returned Executed by Peter Rosato. David Schwartz, MD served on 2/27/2019, answer due 3/20/2019. (Savic, Stefan)
February 28, 2019 Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by Peter Rosato (Savic, Stefan)
February 25, 2019 Filing 6 Summons Issued as to David Schwartz, MD. (Cubano, Jazmin)
February 25, 2019 Opinion or Order ORDER TO SHOW CAUSE re #1 : Plaintiff is directed to show cause on or before February 28, 2019, why this matter should not be dismissed for lack of subject matter jurisdiction. Diversity jurisdiction exists when all plaintiffs are citizens of states diverse from those of all defendants. Pennsylvania Pub. Sch. Employees' Ret. Sys. v. Morgan Stanley & Co., Inc., 772 F.3d 111, 117- 18 (2d Cir. 2014) (citing Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 553 (2005)). The party asserting diversity jurisdiction has the burden to prove the same. Pennsylvania Pub. Sch. Employees' Ret. Sys., 772 F.3d at 118. "[D]iversity of citizenship should be distinctly and positively averred in the pleadings, or should appear with equal distinctness in other parts of the record[.]" Leveraged Leasing Admin. Corp. v. PacificCorp Capital, Inc., 87 F.3d 44, 47 (2d Cir. 1996) (internal quotation marks omitted). For the purpose of diversity jurisdiction, "a statement of the parties' residence is insufficient to establish their citizenship." Davis v. Cannick, 2015 WL 1954491, at *2 (E.D.N.Y. 2015); Young-Gibson v. Patel, 476 Fed. App'x 482, 483 (2d Cir. June 12, 2012). Ordered by Judge Denis R. Hurley on 2/25/2019. (Bochner, Francesca)
February 22, 2019 Filing 5 Proposed Summons. Re #1 Complaint by Peter Rosato (Savic, Stefan)
February 22, 2019 Filing 4 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. (Flanagan, Doreen)
February 22, 2019 Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen)
February 22, 2019 Filing 2 Civil Cover Sheet.. by Peter Rosato (Savic, Stefan)
February 22, 2019 Filing 1 COMPLAINT against David Schwartz, MD Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Peter Rosato. (Flanagan, Doreen) Modified on 2/22/2019 (Flanagan, Doreen).
February 22, 2019 FILING FEE: $ 400.00, receipt number ANYEDC-11222129 (Flanagan, Doreen)
February 22, 2019 Incorrect Case Entry Information. Deleted Defendant David Schwartz and added Defendant David Schwartz, MD to conform to the Complaint. Deleted Document Entry No. 1 and re-entered as against Defendant. (Flanagan, Doreen)
February 22, 2019 A completed Civil Cover Sheet was not filed - The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (Flanagan, Doreen)
February 22, 2019 Case Assigned to Judge Denis R. Hurley and Magistrate Judge Gary R. Brown. 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. (Flanagan, Doreen)

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Defendant: David Schwartz, MD
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Plaintiff: Peter Rosato
Represented By: Stefan Savic
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