Furman et al v. Frontier Airlines, Inc.
| Sharona Furman, Igor Furman, Nichole Furman, E.F. and J.F. |
| Frontier Airlines, Inc. |
| 2:2022cv04399 |
| July 26, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Lee G Dunst |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
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ORDER DISMISSING CASE. This case seeks recovery under an FAA regulation, to wit: 14 CFR 250.5(b)(3), as well as state law claims, in an amount far below this Court's diversity jurisdiction minimum. Since the subject regulation does not provide a private right of action, see, e.g. Weiss v. El Al Israel Airlines, Ltd., 433 F. Supp. 2d 361, 371 (S.D.N.Y. 2006), aff'd sub nom. Weiss v. El Al Israel Airlines, 309 F. App'x 483 (2d Cir. 2009) and cases cited therein, this court lacks subject matter jurisdiction over this dispute. As such, the case is dismissed without prejudice to refiling in an appropriate state court venue. Ordered by Judge Gary R. Brown on 8/1/2022. (Brown, Gary)
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| Filing 5 Summons Issued as to Frontier Airlines, Inc. (Jakubowski, Laura) |
| 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. (Jakubowski, Laura) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 7/27/2022: #1 Additional Corrections) (Jakubowski, Laura). |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Lee G. Dunst. 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. (Jakubowski, Laura) |
| Filing 2 Proposed Summons. by E.F., Igor Furman, Nichole Furman, Sharona Furman, J.F. (Nathan, Shneur) |
| Filing 1 COMPLAINT against Frontier Airlines, Inc. filing fee $ 402, receipt number ANYEDC-15786409 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Sharona Furman, E.F., Nichole Furman, Igor Furman, J.F.. (Attachments: #1 Civil Cover Sheet) (Nathan, Shneur) |
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