Globus Solutions Inc. v. Martinez et al
| Globus Solutions Inc. |
| Raul Martinez, Abu Samiha, Jane Ramadan, John Doe and Jane Doe |
| 2:2022cv06436 |
| October 24, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Rent Lease & Ejectment |
| 28 U.S.C. ยง 1446 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on December 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 7 Letter from Pro Se Dept. to Saidah-Naeemah: Haziz-Raman dtd 12/8/2022 returning the enclosed document without docketing or consideration: Case 22cv6436 is closed. If your intention is to file this under 22cv3435, please note that the captions do not match. (JC) |
| Filing 6 Notice of Related Case: The Civil Cover Sheet filed in civil action 22-CV-6435-GRB; indicated that this case is related to the following case(s): 22-cv-6436-GRB. (GO) |
ORDER. The Clerk is directed to mail a copy of the order of remand to the Fifth District Court, Suffolk County. Ordered by Judge Gary R. Brown on 11/21/2022. (MR)
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| Filing 5 Mail Returned as Undeliverable. Mail sent to Suffolk County Clerk's Office Attn: Remands; Returned on 11/7/2022; Containing a copy of [10/27/2022 Order; Remarks: You have sent this remand in error to the Suffolk County Clerk's Office. (GO) |
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Order of Remand to State Court. to Suffolk County District Court, case number LT-000589-22/IS. This post-judgment matter was purportedly removed from state court in response to an application for a warrant of eviction. There are many issues with respect to the removal, including but not limited to obtaining the consent of all defendants as well as failure to comply with the strict 30-day time limit applicable to removals. As such, since the notice of removal was filed well outside the 30 day period after the service of the initial complaint, the matter must be remanded. See 28 U.S.C. Sec. 1441(b)(1) (the notice of removal shall be filed within 30 days after the receipt by the defendant of the initial pleading or summons, whichever period is shorter); see also Taylor v. Medtronic, Inc., 15 F.4th 148, 152 (2d Cir. 2021) (removal procedures are to be strictly construed, with doubts resolved against removability). Thus, the case is REMANDED to state court. The Clerk is to return the file and close the case. Ordered by Judge Gary R. Brown on 10/27/2022. (Brown, Gary)
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| Filing 4 Notice of Related Case: 22-cv-6435-GB-JMW The Case was directly assigned as a related Pro Se/Habeas Case. (DC) |
| 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. (DC) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Jane Ramadan. (DC) |
| Filing 1 NOTICE OF REMOVAL by Jane Ramadan from State of New York, County of Suffolk Fifth District Court, L & T Part, case number LT 000589-22/IS. Disclosure Statement on Civil Cover Sheet completed -No, (Attachments: #1 Civil Cover Sheet) (DC) |
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