Whitehead v. Grant & Weber, Inc.
| Lamor Whitehead |
| Grant & Weber, Inc. |
| 2:2022cv06524 |
| October 27, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Kiyo A Matsumoto |
| James M Wicks |
| Consumer Credit |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Plaintiff |
Docket Report
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ORDER REASSIGNING CASE. Case reassigned to Judge Joan M. Azrack (as related to 22-cv-6517) for all further proceedings. Judge Kiyo A. Matsumoto no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 11/16/2022. (KD)
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| Filing 9 STATE COURT RECORD Received. (JT) |
| Filing 8 Letter responding to the Court's October 31, 2022 Order to Show Cause by Grant & Weber, Inc. (Attachments: #1 Exhibit 1) (Briganti, Dana) |
| Filing 7 NOTICE by Grant & Weber, Inc. of filing Motion to Reassign Case and determine cases related (Attachments: #1 Letter Motion to Reassign Case and determine cases related filed in Whitehead v. Grant & Weber, Inc., 2:22-cv-6517-JMA-ST dated November 4, 2022.) (Briganti, Dana) |
| Filing 6 MOTION for pre motion conference regarding motion to dismiss complaint by Grant & Weber, Inc.. (Briganti, Dana) |
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ORDER. Defendant Grant & Weber, Inc. sought to avail itself of the federal court and as such, bears the burden of establishing that the Court has the requisite subject matter jurisdiction. Mehlenbacher v. Akzo Nobel Salt, Inc., 216 F.3d 291, 296 (2d Cir. 2000); Sprout Mortgage LLC v. Consolidated Analytics, Inc., 21-cv-04415 (JMA) (JMW) (E.D.N.Y. Aug. 17, 2021) (defendant bears burden of establishing existence of federal subject matter jurisdiction upon removal);Pires v. Heller, No. 04 CIV. 9069 (RJH), 2004 WL 2711075, at *1 (S.D.N.Y. Nov. 24, 2004) ("In order for removal to be considered proper, the removing party must demonstrate that this Court is endowed with the requisite subject matter jurisdiction.") (quotes omitted). The Court has reviewed the pleadings through the lens of TransUnion LLC v. Ramirez, ___ U.S. ___, 141 S. Ct. 2190, 2203 (2021), and to assist the Court in its review of standing in this action the Court orders Defendant to show cause on or before November 7, 2022, as to why the undersigned should not recommend to the Honorable Kiyo A. Matsumoto that the case be remanded to District Court, Suffolk County for lack of subject matter jurisdiction. The Court directs Defendant to specify in writing (1) whether Plaintiff has alleged any concrete, particularized injury in fact from the statutory violations alleged in the Complaint and, if so, to set forth such alleged injury with particularity (see TransUnion LLC, 141 S. Ct. at 2203); Maddox v. Bank of New York Mellon Tr. Co., N.A., 19 F.4th 58, 60 (2d Cir. 2021); or (2) if Plaintiff does not allege any such concrete injury, in light of the Supreme Court's decision in Transunion, Defendant shall provide alternative authority or basis the Court's subject matter jurisdiction. Plaintiff shall file any response, if necessary, within 5 days of the filing by Defendant. So Ordered by Magistrate Judge James M. Wicks on 10/31/2022. (JR)
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| Filing 5 NOTICE of Appearance by Brian L Ponder on behalf of Lamor Whitehead (notification declined or already on case) (Ponder, Brian) |
| Filing 4 Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (LJ) |
| 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. (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 1 NOTICE OF REMOVAL by Grant & Weber, Inc. from Supreme Court of the State of New York, County of Suffolk, case number 201725/2022. ( Filing fee $ 402 receipt number ANYEDC-16082809) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit A - Summons and Verified Complaint, #2 Civil Cover Sheet) (Briganti, Dana) Modified on 10/27/2022 (LJ). |
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge James M. Wicks. 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. (LJ) |
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| Plaintiff: Lamor Whitehead | |
| Represented By: | Brian L Ponder |
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| Defendant: Grant & Weber, Inc. | |
| Represented By: | Dana Brett Briganti |
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