Harris v. Klein et. al.
| Diane Harris |
| Steven Klein, Michael Litzner, Coldwell Banker American Homes and SPLP Realty, LLC |
| 2:2021cv07132 |
| December 27, 2021 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Steven Tiscione |
| Civil Rights: Accommodations |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Plaintiff |
Docket Report
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| Document Text |
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| Civil Case Terminated pursuant to 1/15/2022 Electronic Order of Remand. (Tirado, Chelsea) |
ORDER granting #6 Motion to Remand to State Court. The proposed Stipulation and Order is hereby So Ordered, and this case is remanded to the Supreme Court of the State of New York, County of Nassau. The Clerk of the Court is respectfully directed to close the case. Ordered by Judge Gary R. Brown on 1/15/2022. c/ecf (Johnston, Linda)
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| Filing 6 Joint MOTION to Remand to State Court via Stipulation and Proposed Order by Coldwell Banker American Homes, Steven Klein, Michael Litzner. (Grech, David) |
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ORDER TO SHOW CAUSE 1. Whereas 28 U.S.C. 1446(b)(2)(A) establishes that "[w]hen a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action"; and whereas removing defendants failed to establish in its notice of removal that defendant SPLP Realty (which apparently was served) consented to the removal of the action, removing defendants are directed to file a written response on or before January 15, 2022, showing cause as to why this matter should not be remanded to the Nassau County Supreme Court. Removing defendants are further ordered to file proof in conjunction with its response -- if any such proof exists -- that consent was obtained from the other defendant prior to the removal of this case.2. Whereas plaintiff has filed an amended complaint which reflects a voluntary discontinuance of the Federal Fair Housing Act claim (see DE 5) -- the sole basis for removal -- and disclaiming federal jurisdiction over this matter, removing defendants are directed to provide argument as to whether such disclaimer warrants remand to the state court.3. Plaintiff is directed to file a response to defendants' submissions on or before January 20, 2022. Ordered by Judge Gary R. Brown on 1/10/2022. (Brown, Gary)
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| Filing 5 AMENDED COMPLAINT against Coldwell Banker American Homes, Steven Klein, Michael Litzner, SPLP Realty, LLC, filed by Diane Harris. (Gonnelli, Adam) |
| Filing 4 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 3 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 Gary R. Brown and Magistrate Judge Steven Tiscione. 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 2 Civil Cover Sheet.. by Coldwell Banker American Homes, Steven Klein, Michael Litzner (Grech, David) |
| Filing 1 NOTICE OF REMOVAL by All Defendants Removing Defendants Coldwell Banker American Homes, Michael Litzner, and Steven Klein from Supreme Court of the State of New York, County of Nassau, case number 613620/2021. ( Filing fee $ 402 receipt number ANYEDC-15146418) (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - State Court Docket History) (Grech, David) |
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