Ballon v. Credence Resource Management, LLC
| Roxana Ballon |
| Credence Resource Management, LLC and Credence Resource Management LLC |
| 2:2019cv04006 |
| July 11, 2019 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| Ann M Donnelly |
| Consumer Credit |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
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| Filing 5 NOTICE of Certified Copies received: Clerk's Minutes and Copy of Notice of Removal or 8019(c) with order for the E-filed Supreme Court case Index #603668-19. (Herrera, Isaiah) |
ORDER: The request #4 to order Plaintiff to file the Complaint is denied. "Rule 4(m)... applies to removed cases after the date of removal." G.G.G. Pizza, Inc. v. Domino's Pizza, Inc., 67 F. Supp. 2d 99, 102 (E.D.N.Y. 1999). Rule 4(m) provides that a plaintiff has 90 days to serve its complaint, and that date begins running on the date of removal, namely July 11, 2019. This 90-day rule applies even to cases removed solely on the basis of a summons, where there has been no complaint yet filed in state court. See, e.g., id. at 101. Plaintiff has in such a situation 90 days in which to file and serve its complaint. The time to serve the complaint, i.e. 90 days, has not elapsed. The motion is therefore denied. So Ordered by Magistrate Judge Sanket J. Bulsara on 7/22/2019. (Silberstein, Hope)
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| Filing 4 Letter Request to Order Plaintiff to File Complaint by Credence Resource Management LLC (Easley, Aaron) |
| Filing 3 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. (Rodin, Deanna) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) |
| Filing 1 NOTICE OF REMOVAL by Credence Resource Management, LLC from Supreme Court Suffolk County, case number 603668/2019. (Filing fee $400 receipt number ANYEDC-11652629) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B) (Easley, Aaron) Modified on 7/11/2019 (Rodin, Deanna). |
| Case Assigned to Judge Ann M Donnelly and Magistrate Judge Sanket J. Bulsara. 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. (Rodin, Deanna) |
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