Eveillard et al v. Target Corporation et al
| Joshua Eveillard and Robert Fuentes |
| Target Corporation, John Doe #1 and John Doe #2 |
| 2:2021cv04488 |
| August 10, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| A Kathleen Tomlinson |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
Docket Report
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| Filing 5 Letter Re: 28 U.S.C. 1983 by Target Corporation (Hannon, Ian) |
Order of Remand to State Court. In response to this Court's Show Cause order, plaintiff's counsel has made it patent that there is no basis presently to believe that plaintiff has valid claim under Section 1983, as this assertion was based on the uncertain possibility that the John Doe defendant security guards are New York City Police Officers working part time (though the events in question happened in Westbury, outside the jurisdiction of the NYPD). Therefore, there is no federal question jurisdiction herein, and this Court must remand this action to the state court. Ordered by Judge Gary R. Brown on 8/16/2021. (Brown, Gary)
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| Filing 4 Letter Plaintiffs' Response to the OSC by Joshua Eveillard, Robert Fuentes (Gorfinkel, Jeremy) |
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SHOW CAUSE ORDER. Upon review, it appears this matter, asserting certain tort claims by plaintiffs against Target, was removed to this Court on the sole basis that in a bill of particulars, plaintiffs purport to assert claims against Target under 42 USC Sec. 1983. As such claims may only be asserted against state actors or private parties acting under state law, plaintiffs are directed to show cause why said claims should not be dismissed with prejudice. Assuming that such claims are subject to dismissal, defendants are directed to show cause why the action should not be then subject to remand to the state court. Said filings are to be made on or before close of business on August 19, 2021; failure to make such filings may result in dismissal and/or remand. Ordered by Judge Gary R. Brown on 8/13/2021. (Brown, Gary)
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| 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. (Landow, Concetta) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Landow, Concetta) |
| Case Assigned to Judge Gary R. Brown 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. (Landow, Concetta) |
| Filing 1 NOTICE OF REMOVAL by Target Corporation from Supreme Court, Nassau County, case number 601640/2021. Was the Disclosure Statement on Civil Cover Sheet completed -Yes( Filing fee $ 402 receipt number ANYEDC-14737728) (Attachments: #1 Exhibit S&C, #2 Exhibit Answer, #3 Exhibit BP, #4 Civil Cover Sheet) (Hannon, Ian) Modified on 8/12/2021 (Landow, Concetta). |
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