Matheos v. Hempstead Turnpike GST LMO 8 LLC et. al.
| Joann Matheos |
| Target Corporation, Hempstead Turnpike GST LMO 8 LLC and Target |
| 2:2020cv05514 |
| November 12, 2020 |
| US District Court for the Eastern District of New York |
| Sandra J Feuerstein |
| A Kathleen Tomlinson |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| None |
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Filing 9
Stipulation & Order of Remand to State Court: IT IS HEREBY FURTHER STIPULATED AND AGREED, that plaintiff shall hold HEMPSTEAD TURNPIKE GST LMO 8 LLC and TARGET CORPORATION harmless from any and all liens, expenses, costs, fees or other obligations concerning, associated with or relating to plaintiff's care and treatment, medical or otherwise, and any related damages, now or unknown, existing currently, or which may arise in the future as a result of the claims arising from the above-captioned matter and that any claims for damages contained in plaintiff's Complaint is hereby forever reduced to a sum no greater than SEVENTY FIVE THOUSAND DOLLARS AND NO CENTS ($75,000.00). See attached Order. The Clerk of Court is Ordered to close this case and remand to state court. Ordered by Judge Sandra J. Feuerstein on 12/8/2020. (Cubano, Jazmin)
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| Filing 8 STIPULATION to Remand to State Court by Joann Matheos (Attachments: #1 Letter to the Court) (Scotto, Jared) |
| Filing 7 NOTICE of Appearance by Jared Scotto on behalf of All Plaintiffs (aty to be noticed) (Scotto, Jared) |
| Filing 6 NOTICE of Appearance by Michele Schuster on behalf of Hempstead Turnpike GST LMO 8 LLC (aty to be noticed) (Schuster, Michele) |
| Filing 5 Letter in response to Court's Order dated November 30, 2020 by Target Corporation (Hannon, Ian) |
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ORDER: Defendant removed this case from state court and asserts that this Court may hear this case on the basis of diversity jurisdiction, which requires Plaintiff to be completely diverse from Defendant, and also alleges fraudulent joinder of Hempstead Turnpike GST LMO 8 LLC. The citizenship information provided as to Hempstead Turnpike GST LMO 8 LLC is insufficient to determine if complete diversity of citizenship exists, and thus, whether this Court has subject matter jurisdiction. Specifically, it fails to allege the LLC members and the members citizenship. See Walpert v. Jaffrey, 127 F.Supp.3d 105 (S.D.N.Y. 2015). Defendants are hereby ORDERED to electronically file a joint letter completely analyzing Hempstead Turnpike GST LMO 8 LLC's citizenship with specificity by December 7, 2020. Ordered by Judge Sandra J. Feuerstein on 11/30/2020. (Schiraldi, Patricia)
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ORDER: Initial Conference set for 12/16/2020 at 10:30 AM before Judge Sandra J. Feuerstein. At that time, the parties are directed to call the teleconferencing number (877) 336-1280 and follow the automated instructions; the access code is 7215690. The parties shall appear with authority, or with individuals with authority, to settle this matter. Plaintiff(s) shall serve a copy of this Order upon Defendant(s) and file proof of such service with the Court.Ordered by Judge Sandra J. Feuerstein on 11/25/2020. (Schiraldi, Patricia)
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| Filing 4 CERTIFICATE OF SERVICE by Target re #1 Notice of Removal, (Hannon, Ian) |
| 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. (Flanagan, Doreen) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| Case Assigned to Judge Sandra J. Feuerstein and Magistrate Judge A. Kathleen Tomlinson. 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) |
| This case has been opened in the Eastern District of New York. Attorneys David E. Silverman and James T. Garrick, if you plan to continue representing your clients, 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. (Flanagan, Doreen) |
| Filing 1 NOTICE OF REMOVAL by Target Corporation, Target from Supreme Court of the State of New York, County of Nassau, Case Number 606159/2020. ( Filing fee $ 400 receipt number ANYEDC-13674245). Was the Disclosure Statement on the Civil Cover Sheet completed - Yes. (Attachments: #1 Exhibit S&C, #2 Exhibit Answer, #3 Exhibit Dmnd for Damages, #4 Civil Cover Sheet) (Hannon, Ian) Modified on 11/13/2020 (Flanagan, Doreen). |
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