Nasca et al v. Bytedance, LTD. et al
| Dean Nasca and Michelle Nasca |
| Bytedance, LTD., ByteDance Inc., TikTok Inc., Metropolitan Transportation Authority, MTA Long Island Railroad, Long Island RailRoad, Town of Islip and The Town of Islip |
| 2:2023cv02786 |
| April 13, 2023 |
| US District Court for the Eastern District of New York |
| Nicholas G Garaufis |
| James M Wicks |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 27, 2023. A more recent docket listing may be available from PACER.
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ORDER. The Court adopts the briefing schedule for Plaintiff's Motion to Remand (DE #17 ). Oral Argument on Plaintiff's motion (DE #15 ) is set for July 6, 2023 at 11:00am in Courtroom 1020 before the undersigned. So Ordered by Magistrate Judge James M. Wicks on 5/23/2023. (HM)
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| Filing 18 STATE COURT RECORD: Certified Copy of our Clerk's Minutes the E-filed Supreme Court case, Received from Suffolk County. (TLH) |
| Filing 17 Letter Regarding Briefing Schedule for Plaintiffs' Motion to Remand by ByteDance Inc., TikTok Inc. (Fournier, Kristen) |
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ORDER REFERRING MOTION: Plaintiffs' #15 Motion to Remand to State Court is REFERRED to Magistrate Judge James M. Wicks for a Report and Recommendation pursuant to 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b)(1). So Ordered by Judge Nicholas G. Garaufis on 5/15/2023. (DF)
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| Filing 16 Letter Requesting Oral Argument for Motion to Remand by Dean Nasca, Michelle Nasca(as Administrators of the Estate of Chase Nasca), Michelle Nasca(individually) (Bergman, Matthew) |
| Filing 15 MOTION to Remand to State Court by Dean Nasca, Michelle Nasca(as Administrators of the Estate of Chase Nasca), Michelle Nasca(individually). (Attachments: #1 Declaration Declaration of M. Bergman, #2 Proposed Order) (Bergman, Matthew) |
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ORDER: In light of the issuance of a stay by the Hon. Nicholas G. Garaufis (DE #14 ), the Initial Conference scheduled for May 18, 2023 at 11:00 AM before Magistrate Judge James M. Wicks is hereby adjourned sine die. So Ordered by Magistrate Judge James M. Wicks on 5/9/2023. (DF)
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Filing 14
ORDER granting #13 Motion to Stay. So Ordered by Judge Nicholas G. Garaufis on 5/4/2023. (EG)
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| Filing 13 MOTION to Stay MTA's Defendants' Time to Answer or Move by Long Island RailRoad, MTA Long Island Railroad, Metropolitan Transportation Authority. (Muccigrosso, Andrew) |
| Filing 12 Letter Brief from Kristen R. Fournier, Esq. Filed pursuant to the Court's April 18, 2023 Order asking the parties to address threshold issues of subject matter jurisdiction and whether this case was removable under the doctrine of "fraudulent [mis]joinder" by ByteDance Inc., TikTok Inc. (Attachments: #1 Exhibit 1- CTO Order) (Fournier, Kristen) |
| Filing 11 Letter Brief by Dean Nasca, Michelle Nasca(as Administrators of the Estate of Chase Nasca) (Bergman, Matthew) |
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Filing 10
ORDER granting #9 Motion for Extension of Time to Answer re #9 MOTION for Extension of Time to File Answer STAY OF TIME TO ANSWER. So Ordered by Judge Nicholas G. Garaufis on 4/25/2023. (EG)
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| Filing 9 MOTION for Extension of Time to File Answer by Town of Islip. (Wexler, William) |
| Filing 8 NOTICE of Appearance by William D. Wexler on behalf of Town of Islip (aty to be noticed) (Wexler, William) |
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Filing 7
ORDER re #6 Motion to Stay. Application to stay proceedings is granted. So Ordered by Judge Nicholas G. Garaufis on 4/20/2023. (TLH)
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| Filing 6 Consent MOTION to Stay the deadline to answer or otherwise respond to the complaint, pending briefing regarding whether this Court has subject-matter jurisdiction and whether this case will be transferred to MDL 3047 and request that the Court adjourn the Initial Conference set for May 18, 2023 and deadlines to submit case management and other scheduling and status reports under Federal Rule of Civil Procedure 26(f) by ByteDance Inc., TikTok Inc.. (Fournier, Kristen) |
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ORDER granting #5 Motion for Leave to Appear Pro Hac Vice. The return date for Plaintiff's Motion to Appear Pro Hac Vice shall be on April 26, 2023. In accordance with this Courts Individual Practice Rules, any opposition must be filed by April 24, 2023. So Ordered by Magistrate Judge James M. Wicks on 4/19/2023. (HM)
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| Filing 5 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16610677 by Dean Nasca, Michelle Nasca(as Administrators of the Estate of Chase Nasca). (Attachments: #1 Affidavit in Support, #2 Certificate of Good Standing, #3 Certificate of Good Standing) (Bergman, Matthew) |
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Filing 4
INITIAL CONFERENCE SCHEDULING ORDER: An Initial Conference via Zoom will be held May 18, 2023, at 11:00 AM before Magistrate Judge James M. Wicks. The Court will email the Zoom invitation closer to the conference date. All counsel must attend. Counsel are directed to complete the attached Proposed 26(f) Scheduling Order and electronically file same with the Court no later than May 11, 2023. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. This conference is a public proceeding, and all are welcome to attend via telephone or via video. If you would like to receive the Zoom invitation, please contact Judge Wicks' Courtroom Deputy at (631) 712-5625. THE PARTIES ARE REMINDED that audio or video recording of proceedings by any party other than the Court is strictly prohibited by Local Civil Rule 1.8. Violation of this rule may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed appropriate by the Court. So Ordered by Magistrate Judge James M. Wicks on 4/18/2023. (Attachments: #1 Proposed Rule 26(f) Scheduling Order, #2 JMW Individual Practice Rules) (DF)
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ORDER. Having reviewed the court's pleadings, it appears that the parties are not completely diverse, and that Defendant premises federal jurisdiction upon the doctrine of fraudulent joinder. 28 U.S.C. 1332(a); See also Abruzzo Docg Inc. v. Acceptance Indem. Ins. Co., No. 20-CV-4160 (MKB), 2021 U.S. Dist. LEXIS 220196, at *20-24 (E.D.N.Y. Nov. 15, 2021) (outlining the requirements for fraudulent joinder for non-diverse defendants). Accordingly, since threshold issues of subject matter jurisdiction appear to exist, the parties are hereby directed to show cause why this Court has jurisdiction based upon fraudulent joinder, why the undersigned should not recommend to the Hon. Nicholas G. Garaufis why this action should not be remanded. The letter-briefs by both parties shall be filed on or before April 28, 2023. So Ordered by the Hon. James M. Wicks on 4/18/2023. (HM)
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| 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) |
| Case Assigned to Judge Nicholas G. Garaufis 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) |
| Filing 1 NOTICE OF REMOVAL by ByteDance Inc., TikTok Inc. from Supreme Court of the State of New York, County of Suffolk, case number 607250/2023. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-16598182) (Attachments: #1 Exhibit A - Copy of all process, pleadings, and orders served, #2 Exhibit B - Civil Cover Sheet, #3 C - Corporate Disclosure Statement) (Fournier, Kristen) Modified on 4/17/2023 (LJ). |
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