Mays v. Elias Properties Valley Stream 500 Sunrise, LLC et al
| Monica Nicole Mays |
| Elias Properties Valley Stream 500 Sunrise, LLC and Target Corporation |
| 2:2023cv02958 |
| April 20, 2023 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Arlene R Lindsay |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Defendant |
Docket Report
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| Filing 10 AFFIDAVIT/AFFIRMATION re Order on Motion for Pre Motion Conference,,,,,, #8 Response in Opposition to Motion by Target Corporation (Attachments: #1 Exhibit A - Lease, #2 Exhibit B - Assignment 12-1-92, #3 Exhibit C - Assignment & Assumption 4-26-99, #4 Exhibit D - Notice 11-19-99, #5 Exhibit E - Letter renewing lease 11-14-11) (Leibowitz, Allison) |
ORDER granting #9 Motion to Adjourn Conference. The pre-motion conference scheduled for August 18, 2023 is hereby adjourned, on consent, to September 6, 2023 at 10:30 AM. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference. Ordered by Judge Gary R. Brown on 5/30/2023. (JP)
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| Filing 9 MOTION to Adjourn Conference re: pre-motion conference currently scheduled for 8/18/23 by Target Corporation. (Leibowitz, Allison) |
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ORDER granting #7 Motion for Pre Motion Conference A telephone pre-motion conference scheduled for August 18, 2023 at 2:00 PM before Judge Gary R. Brown, at which time the parties should be prepared to address Plaintiff's anticipated motion to remand to state court, DE 7. The parties shall call (888) 363-4734, using ACCESS CODE 4132441, five minutes before the conference.Counsel should note that, in appropriate cases, the pre-motion letters, along with counsels' arguments at the pre-motion conference, may be construed, at the discretion of the Court, as the motion itself. Arguments not raised in the pre-motion letters or during the pre-motion conference shall be deemed waived. See In re Best Payphones, Inc., 450 F. App'x 8, 15 (2d Cir. 2011).Defendant Target is directed to supplement its May 22, 2023 response, DE 8, and file the entire Lease Agreement for the premises at issue as well as all relevant documents bearing on control, ownership and/or possession by June 8, 2023. Thereafter, Plaintiff is directed to respond to DE 8 as well as the supplemental documentation submitted by Defendant Target by June 22, 2023. At the conference, the Court will issue a briefing schedule if necessary.Before requesting an adjournment, the parties shall meet and confer and submit a joint letter with several proposed dates. The parties and other attendees to the conference are also reminded that the recording of any proceeding of the Court, including this conference, is prohibited under Local Rule 1.8. Ordered by Judge Gary R. Brown on 5/25/2023. (LJ)
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| Filing 8 RESPONSE in Opposition re #7 Letter MOTION for pre motion conference regarding remand filed by Target Corporation. (Attachments: #1 Exhibit A - relevant portion of the Lease) (Leibowitz, Allison) |
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ORDER. Defendants are ordered to respond to DE 7 by May 23, 2023. Ordered by Judge Gary R. Brown on 5/19/2023. (JP)
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| Filing 7 Letter MOTION for pre motion conference regarding remand by Monica Nicole Mays. (Henderson, David) |
| Filing 6 NOTICE of Appearance by David Liff Henderson on behalf of Monica Nicole Mays (aty to be noticed) (Henderson, David) |
| Filing 5 DEMAND for Trial by Jury by Target Corporation (Attachments: #1 Certificate of Service) (Leibowitz, Allison) |
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ORDER TO SHOW CAUSE. Preliminary review of the complaint and notice of removal herein suggests that defendant Elias Properties Valley Stream 500 Sunrise, LLC may have been added as a named defendant for the purpose of depriving the Court of diversity jurisdiction. Plaintiff is ordered to show cause why this action should not be dismissed as to defendant Elias Properties Valley Stream 500 Sunrise, LLC as an improper defendant by May 3, 2023. Defendant shall respond by May 5, 2023. Ordered by Judge Gary R. Brown on 4/26/2023. (JP)
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| 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. (LJ) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Arlene R. Lindsay. 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 2 Corporate Disclosure Statement by Target Corporation (Attachments: #1 Certificate of Service) (Leibowitz, Allison) |
| Filing 1 NOTICE OF REMOVAL by Target Corporation from Supreme Court, Nassau County, case number 603761/2022. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-16619125) (Attachments: #1 Exhibit A - S&C, #2 Exhibit B - Defendant Elias' Answer, #3 Exhibit C - Supplemental Summons & Amended Complaint, #4 Exhibit D - Defendant Target's Answer, #5 Exhibit E - Plaintiff's Verified Bill of Particulars received on 3-29-23, #6 Civil Cover Sheet, #7 Certificate of Service) (Leibowitz, Allison) Modified on 4/21/2023 (LJ). |
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