Logerfo v. JPMorgan Chase Bank, National Association et. al.
| Stephen Logerfo |
| JPMorgan Chase Bank, National Association, JPMorgan Chase Bank, N.A. and The Chase Manhattan Bank, N.A. |
| 2:2019cv02019 |
| April 8, 2019 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| Anne Y Shields |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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Filing 9
ORDER: Initial Conference set for 7/30/2019 at 10:30 AM in Courtroom 830 before Magistrate Judge Anne Y. Shields. See Order and Attachment. So Ordered by Magistrate Judge Anne Y. Shields on 6/7/2019. (Attachments: #1 AYS Rules) (Torres, Jasmine)
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| Filing 8 NOTICE of Appearance by Stephen Nappi on behalf of All Defendants (aty to be noticed) (Nappi, Stephen) |
| Filing 7 DEMAND for Trial by Jury by JPMorgan Chase Bank, N.A., JPMorgan Chase Bank, National Association, The Chase Manhattan Bank, N.A. (Attachments: #1 Certificate of Service) (Kalick, Lindsay) |
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ORDER finding as moot #6 : The Court has reviewed Defendants' submission and finds that subject matter jurisdiction has been distinctly and positively averred. Accordingly, this Court's prior Order to Show Cause entered on April 11, 2019, is terminated and Defendants' motion for an order to show cause is moot. Ordered by Judge Denis R. Hurley on 4/22/2019. (Bochner, Francesca)
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| Filing 6 MOTION for Order to Show Cause to keep case pending in EDNY on the basis of diversity jurisdiction by JPMorgan Chase Bank, N.A., JPMorgan Chase Bank, National Association, The Chase Manhattan Bank, N.A.. (Attachments: #1 Exhibit A - Public Records Search, #2 Exhibit B- Small Claims Petition, #3 Exhibit C - Complaint, #4 Exhibit D - Affidavit, #5 Exhibit E - Articles of Association) (Kalick, Lindsay) |
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ORDER TO SHOW CAUSE re #1 : Defendant is directed to show cause by letter filed on ECF on or before April 19, 2019, why this matter should not be dismissed for lack of subject matter jurisdiction. Defendant has only alleged Plaintiff's residence and domiciliary, but 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).Ordered by Judge Denis R. Hurley on 4/11/2019. (Bochner, Francesca)
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| Filing 5 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) |
| Case Assigned to Judge Denis R. Hurley and Magistrate Judge Anne Y. Shields. 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) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Bowens, Priscilla) Modified on 4/10/2019 (Flanagan, Doreen). (Additional attachment(s) added on 4/10/2019: #1 Additional Quality Control Check Sheet) (Flanagan, Doreen). |
| Filing 3 Corporate Disclosure Statement by JPMorgan Chase Bank, N.A., JPMorgan Chase Bank, National Association, The Chase Manhattan Bank, N.A. identifying Corporate Parent JPMorgan Chase & Co. for JPMorgan Chase Bank, N.A.. (Kalick, Lindsay) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal,, by JPMorgan Chase Bank, N.A., JPMorgan Chase Bank, National Association, The Chase Manhattan Bank, N.A. (Kalick, Lindsay) |
| Filing 1 NOTICE OF REMOVAL by JPMorgan Chase Bank, N.A., JPMorgan Chase Bank, National Association, The Chase Manhattan Bank, N.A. from New York Supreme Court, Suffolk County, case number 5127/2018. ( Filing fee $ 400 receipt number ANYEDC-11363539) (Attachments: #1 Exhibit summons and complaint, #2 Exhibit answer and discovery demands, #3 Exhibit good faith letter, #4 Exhibit motion to strike complaint, #5 Exhibit correspondence to plaintiffs counsel, #6 Exhibit bill of particulars, #7 Exhibit articles of association, #8 Exhibit bloomberg search, #9 Exhibit order to change venue) (Kalick, Lindsay) |
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