Fonar Corporation v. Radiant Global Logistics, Inc.
| Fonar Corporation |
| Radiant Global Logistics, Inc. |
| 2:2023cv03816 |
| May 22, 2023 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Arlene R Lindsay |
| Contract: Other |
| 28 U.S.C. ยง 1441 Petition For Removal--Other Contract |
| None |
Docket Report
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| Document Text |
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| Filing 9 NOTICE of Voluntary Dismissal by Radiant Global Logistics, Inc. (Henderson, Charles) |
| Civil Case Terminated. See Voluntary Dismissal, doc #9. (FG) |
| Filing 8 ANSWER to Complaint (Notice of Removal) by Radiant Global Logistics, Inc.. (Henderson, Charles) |
| Filing 7 NOTICE of Appearance by James A. Saville on behalf of Radiant Global Logistics, Inc. (aty to be noticed) (Saville, James) |
| Filing 6 NOTICE of Appearance by John Paul Collins on behalf of All Plaintiffs (aty to be noticed) (Collins, John) |
ORDER: Having reviewed Defendant's #1 Notice of Removal, the Court finds that Defendant has established jurisdiction pursuant to 28 U.S.C. Section 1332 to remove this case to federal court because the parties are citizens of different states, and because the amount in controversy is more than $75,000, as evidenced by Plaintiff's April 21, 2023 demand for at least $250,000 in damages. See Moltner v. Starbucks Coffee Co., 624 F.3d 34, 38 (2d Cir. 2010). Further, Defendant claims that this action is properly removed because federal courts have exclusive jurisdiction over Plaintiff's claim under the Carmack Amendment, 49 U.S.C. Section 14706. Pursuant to 28 U.S.C. Section 1447, Plaintiff has until June 22, 2023 to move to remand this case on the basis of any defect other than lack of subject matter jurisdiction. Ordered by Judge Pamela K. Chen on 5/29/2023. (SK)
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| Filing 5 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. (CL) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CL) |
| Case Assigned to Judge Pamela K. Chen 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. (CL) |
| John P. Collins; This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. c/m to Attorney John P. Collins (CL) |
| Filing 3 Corporate Disclosure Statement by Radiant Global Logistics, Inc. (Henderson, Charles) |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by Radiant Global Logistics, Inc. (Henderson, Charles) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (CL) |
| Filing 1 NOTICE OF REMOVAL by Radiant Global Logistics, Inc. from Supreme Ct. of N.Y., Cty. of Suffolk, case number 610229/2023. ( Filing fee $ 402 receipt number ANYEDC-16722800) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit Ex. A - State Ct. Complaint, #2 Exhibit Ex. B - State Ct. Docket) (Henderson, Charles) (Main Document 1 replaced on 5/24/2023) (CL). (Attachment 1 replaced on 5/24/2023) (CL). (Attachment 2 replaced on 5/24/2023) (CL). Modified on 5/24/2023 (CL). |
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| Plaintiff: Fonar Corporation | |
| Represented By: | John Paul Collins |
| Represented By: | John Collins |
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| Defendant: Radiant Global Logistics, Inc. | |
| Represented By: | Charles Mitchell Henderson, III |
| Represented By: | James A. Saville |
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