Giannetto v. Tough Mudder Incorporated et al
| Megan Giannetto |
| Tough Mudder Incorporated and Tough Mudder Event Production Incorporated |
| 2:2021cv04607 |
| August 16, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven I Locke |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 11 Letter response to judge's order by Tough Mudder Event Production Incorporated, Tough Mudder Incorporated (Goldenberg, Michael) |
| Filing 10 Letter requesting pre-motion conference by Megan Giannetto (Edelstein, Jonathan) |
| Filing 9 Letter re: order to show cause by Tough Mudder Event Production Incorporated, Tough Mudder Incorporated (Goldenberg, Michael) |
ORDER TO SHOW CAUSE - In recent days, defendants removed this case from the Kings County Supreme Court, where it has been pending since March 2021, which removal is predicated upon the notion that defendants learned for the first time in a CPLR filing made within the last 30 days that plaintiff's claims for personal injury exceeded the $75,0000 jurisdictional minimum. See DE 1. However, on 3/16/21, plaintiff filed a motion to lift the bankruptcy stay (as referenced in the complaint herein), in which she represented that her "injuries included a near complete separation of her left knee, which required three surgeries and nearly a year of physical rehabilitation to repair," and her "medical bills alone exceed $160,000." See Delaware Bankruptcy Court Docket 20-10036, DE 207. Thus, defendants claim that they learned of amount in dispute within the last 30 days appears incorrect. Accordingly, counsel for defendants shall show cause in writing, if any they have, on or before close of business August 23, 2021, why this case should not be REMANDED to the state court or, in the alternative, whether defendants consent to such remand. Ordered by Judge Gary R. Brown on 8/20/2021. (Brown, Gary)
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ORDER. Consistent with the filings by counsel in response to the Court's electronic order of earlier today, defendants may file their response via letter along with any attached exhibits. However, as noted in plaintiff's filing, defendants should also address the question of whether remand is required based upon the forum defendant rule found at 28 U.S.C. 1441(b)(2). Gibbons v. Bristol-Myers Squibb Co., 919 F.3d 699, 705 (2d Cir. 2019)("In the usual case, application of the forum defendant rule is straightforward: a defendant is sued in a diversity action in the state courts of its home state, is served in accordance with state law, attempts to remove the case, and is rebuffed by a district court applying Section 1441(b)(2).") Plaintiff's application for a pre-motion conference for remand, sanctions and costs is deferred pending resolution of the Court's show cause order. Ordered by Judge Gary R. Brown on 8/20/2021. (Brown, Gary)
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Order of Remand to State Court. Based upon the consent of counsel, this matter is remanded to the state court. No sanctions or costs awarded. Ordered by Judge Gary R. Brown on 8/20/2021. (Brown, Gary)
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| Filing 8 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 7 NOTICE of Appearance by Michael Scott Goldenberg on behalf of Tough Mudder Event Production Incorporated, Tough Mudder Incorporated (notification declined or already on case) (Goldenberg, Michael) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) (Additional attachment(s) added on 8/19/2021: #1 Additional Corrections) (Rodin, Deanna). |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven I. Locke. 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) |
| Filing 5 DEMAND for Trial by Jury by Megan Giannetto (Edelstein, Jonathan) |
| Filing 4 NOTICE of Appearance by Jonathan Isidor Edelstein on behalf of Megan Giannetto (aty to be noticed) (Edelstein, Jonathan) |
| Filing 3 Civil Cover Sheet.. Re #1 Notice of Removal, by Tough Mudder Event Production Incorporated, Tough Mudder Incorporated (Goldenberg, Michael) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by Tough Mudder Event Production Incorporated, Tough Mudder Incorporated (Goldenberg, Michael) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page must be answered. Questions one and two under the section titled 'NY-E DIVISION OF BUSINESS RULE 50.1(d)(2)' on the second page were not answered. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Neptune, Pierre) |
| Filing 1 NOTICE OF REMOVAL by Tough Mudder Event Production Incorporated, Tough Mudder Incorporated from Supreme Kings, case number 509183/2021. (Filing fee $402 receipt number ANYEDC-14756002) Was the Disclosure Statement on Civil Cover Sheet completed -No (Attachments: #1 Exhibit A, #2 Exhibit B) (Goldenberg, Michael) Modified on 8/19/2021 (Rodin, Deanna). |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please submit Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Neptune, Pierre) |
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