Hayes v. Royal Building Products (USA) Inc. et. al.
| William Hayes |
| Royal Building Products (USA) Inc. and Florence Corporation |
| 2:2021cv03041 |
| May 27, 2021 |
| US District Court for the Eastern District of New York |
| Denis R Hurley |
| Anne Y Shields |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on June 29, 2021. A more recent docket listing may be available from PACER.
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ORDER re #9 Letter: The Court has reviewed Defendant Royal Building Product's letter in response to the Order to Show Cause dated June 7, 2021. The letter and attached materials adequately reflect diversity of citizenship -- Plaintiff has New York citizenship and Defendant Royal has Delaware and Texas citizenship -- and thus suffices to establish the Court's subject-matter jurisdiction. Accordingly, the Court withdraws its Order to Show Cause. Ordered by Judge Denis R. Hurley on 6/29/2021. (Ready, John)
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| Filing 9 Letter by Royal Building Products (USA) Inc. (Migdalen, Jeffrey) |
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ORDER TO SHOW CAUSE: 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 F. App'x 482, 483 (2d Cir. June 12, 2012)). "For purposes of diversity jurisdiction, [an individual's] citizenship depends on his domicile." Linardos v. Fortuna, 157 F.3d 945, 948 (2d Cir. 1998). With respect to a corporation, the place of incorporation and the principal place of business must be alleged when jurisdiction is based on diversity. 28 U.S.C. 1332(c)(1); see Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 48 (2d Cir. 2012. Measured against the foregoing, the allegations in the notice of removal appear insufficient to support diversity jurisdiction. Accordingly, IT IS HERBY ORDERED THAT defendant show cause in writing filed on or before June 28, 2021, why this action should not be remanded to state court for lack of subject matter jurisdiction. Ordered by Judge Denis R. Hurley on 6/7/2021. (Gapinski, Michele)
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Filing 8
ORDER OF RECUSAL: it is requested that the Clerk of the Court reassign this matter to a District Judge from the Long Island wheel. Ordered by Judge Gary R. Brown on 6/4/2021. (Judge Gary R. Brown recused. Case reassigned to Judge Denis R. Hurley for all further proceedings.) (Florio, Lisa)
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| Filing 7 Letter to Court re past intern relationship by William Hayes (Gray, John) |
| Filing 6 NOTICE of Appearance by John E. Gray on behalf of William Hayes (notification declined or already on case) (Attachments: #1 Certificate of Good Standing) (Gray, John) |
| 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) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) |
| This case has been opened in the Eastern District of New York. Attorney Amy O'Donohue, if you plan to continue representing your client(s), 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) |
| Case Assigned to Judge Gary R. Brown 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 3 STIPULATION to Amend Caption. Please So Order by William Hayes (Gray, John) Modified on 6/2/2021 (Flanagan, Doreen). |
| Filing 2 NOTICE of Appearance by John E. Gray on behalf of William Hayes (aty to be noticed) (Gray, John) Modified on 6/2/2021 (Flanagan, Doreen). |
| Filing 1 NOTICE OF REMOVAL by Royal Building Products (USA) Inc. from Supreme Court of the State of New York, County of Nassau, Case Number 613822/2020. ( Filing fee $ 402 receipt number ANYEDC-14516557). Was the Disclosure Statement on the Civil Cover Sheet completed - No. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Migdalen, Jeffrey) Modified on 6/2/2021 (Flanagan, Doreen). |
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