Restrepo v. Leavens et al
Plaintiff: Ricardo Restrepo
Defendant: Dorothy C Leavens, Haley Marie Tobin and Doreen C. Leavens
Case Number: 2:2022cv04871
Filed: August 17, 2022
Court: US District Court for the Eastern District of New York
Presiding Judge: Brian M Cogan
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Auto Negligence
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 2, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 2, 2022 Opinion or Order Filing 8 CLERK'S JUDGMENT dated 9/1/22 that this action is dismissed for lack of subject matter jurisdiction. ( Ordered by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney Clerk of Court on 9/1/2022 ) (Guzzi, Roseann)
August 30, 2022 Opinion or Order Filing 7 MEMORANDUM DECISION AND ORDER dated 8/30/22 that the case is dismissed for lack of subject matter jurisdiction. ( Ordered by Judge Brian M. Cogan on 8/30/2022 ) (Guzzi, Roseann)
August 29, 2022 Opinion or Order ORDER denying #6 plaintiff's Motion for Extension of Time to File response to the Court's Order to Show Cause. Ordered by Judge Brian M. Cogan on 8/29/2022. (Weisberg, Peggy)
August 23, 2022 Opinion or Order Filing 6 First MOTION for Extension of Time to File Order to Show Cause by Ricardo Restrepo. (Attachments: #1 Notice of Motion Letter Requesting Extension of Time to File OSC) (Kiley, Donald)
August 19, 2022 Opinion or Order Filing 5 Summons Issued as to All Defendants. (Jakubowski, Laura)
August 19, 2022 Opinion or Order 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)
August 19, 2022 Opinion or Order Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura)
August 19, 2022 Opinion or Order ORDER TO SHOW CAUSE. Plaintiffs purport to bring this action based on diversity of citizenship. However, federal courts only have diversity jurisdiction when there is complete diversity between the parties that is, when all plaintiffs are citizens of different states from all defendants. See 28 U.S.C. 1332; Lincoln Prop. Co. v. Roche, 546 U.S. 81, 89 (2005). As plaintiff and one of the defendants are both citizens of New York, complete diversity is lacking, and the Court is without subject matter jurisdiction. Plaintiff is therefore ORDERED TO SHOW CAUSE BY 8/25/22 why this action should not be dismissed. Ordered by Judge Brian M. Cogan on 8/19/2022. (Scott, Quadri)
August 19, 2022 Opinion or Order Case Assigned to Judge Brian M. Cogan. 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)
August 19, 2022 Opinion or Order Incorrect Case/Document Entry Information. Deleted Defendant Dorothy C Leavens and added Defendant Doreen C. Leavens to the case to conform to the Complaint. Deleted Document Entry No. 1 (Complaint and Attachments) and re-entered as against all Defendants. (Jakubowski, Laura)
August 18, 2022 Opinion or Order Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Ricardo Restrepo (Kiley, Donald) Modified on 8/19/2022 (Jakubowski, Laura).
August 18, 2022 Opinion or Order Notice: Re: Incomplete Civil Cover Sheet. A completed Civil Cover Sheet was not filed - specifically page 2 of the document is missing; the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to submit a corrected Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (Jakubowski, Laura)
August 17, 2022 Opinion or Order Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Ricardo Restrepo. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Jakubowski, Laura)
August 17, 2022 Opinion or Order FILING FEE: $ 402, receipt number ANYEDC-15855145 (Jakubowski, Laura)

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Plaintiff: Ricardo Restrepo
Represented By: Donald T. Kiley, Jr.
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Defendant: Dorothy C Leavens
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Defendant: Haley Marie Tobin
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Defendant: Doreen C. Leavens
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