Jin v. U.S. Bank National Association et al
| Lan Jin |
| U.S. Bank National Association and Experian Information Solutions, Inc. |
| 2:2023cv03737 |
| May 18, 2023 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| James M Wicks |
| Consumer Credit |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 14, 2023. A more recent docket listing may be available from PACER.
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ORDER DISMISSING CASE re #8 . The stipulation of dismissal is so ordered. Ordered by Judge Joan M. Azrack on 6/14/2023. (LP)
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Order Dismissing Parties re #7 Party Experian Information Solutions, Inc. terminated. Ordered by Judge Joan M. Azrack on 6/14/2023. (LP)
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| Filing 8 STIPULATION of Dismissal as to US Bank National Association by Lan Jin (Cesar, Alain) |
| Filing 7 NOTICE of Voluntary Dismissal by Lan Jin as to EXPERIAN INFORMATION SOLUTIONS, INC. (Cesar, Alain) |
| Filing 6 RESPONSE TO ORDER TO SHOW CAUSE by U.S. Bank National Association (Ginzburg, Daniel) |
| Filing 5 ANSWER to Complaint by U.S. Bank National Association. (Ginzburg, Daniel) |
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ORDER TO SHOW CAUSE. Defendant U.S. Bank National Association sought to avail itself of the federal court and as such, Defendant 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., No. 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.) (internal quotation marks omitted). The Court has reviewed the Notice of Removal and Complaint through the lens of TransUnion LLC v. Ramirez, ___ U.S. ___, 141 S. Ct. 2190, 2203 (2021), and finds questions persist as to whether plaintiff has Article III standing. To assist the Court in its review of standing in this action the Court orders Defendant to show cause on or before June 5, 2023, as to why the undersigned should not recommend to the Honorable Joan M. Azrack that the case be remanded to District Court, Nassau 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 Courts subject matter jurisdiction. Plaintiff shall file any response, if necessary, by June 19, 2023. So Ordered by Magistrate Judge James M. Wicks on 5/22/2023. (MSH)
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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 Joan M. Azrack 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 2 Corporate Disclosure Statement by U.S. Bank National Association identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association. (Ginzburg, Daniel) |
| Filing 1 NOTICE OF REMOVAL by U.S. Bank National Association from Supreme Court of the State of New York, County of Nassau, case number 605678/2023. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-16715568) (Attachments: #1 Exhibit 1 (State Court Process), #2 Civil Cover Sheet) (Ginzburg, Daniel) Modified on 5/19/2023 (LJ). |
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