R.M. v. Saint Martha Roman Catholic Church
| R. M. |
| Saint Martha Roman Catholic Church |
| The Roman Catholic Diocese of Rockville Centre, New York |
| 2:2023cv04741 |
| June 26, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| P.I.: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
Docket Report
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Filing 13
ORDER: The Court GRANTS Plaintiff's motion to remand this case to state court. See ECF No. #9 . For the reasons set forth in the accompanying order, the Court must abstain from exercising jurisdiction and, alternatively, would exercise its discretion to abstain from exercising jurisdiction if mandatory abstention did not apply. Accordingly, the Court hereby orders that this case is remanded to the Supreme Court of the State of New York, Nassau County (Index No. 900044/2021). The Clerk of Court is respectfully directed to close this case and to mail a copy of this order to the Nassau County Supreme Court. Ordered by Judge Hector Gonzalez on 8/17/2023. (BH)
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ORDER: In light of Plaintiff's pending request to remand this case to state court, and the Diocese of Rockville Centre's pending motion in the U.S. District Court for the Southern District of New York to transfer this case to that Court, the Court finds that good cause exists to delay entering the scheduling order required by Rule 16(b). The Court therefore adjourns sine die the parties' deadline set in the Court's prior order to file a proposed case management plan and a joint letter describing the case. The Court will set a new deadline for those submissions, if necessary, after ruling on Plaintiff's request to remand the case. Ordered by Judge Hector Gonzalez on 8/9/2023. (JN)
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| Filing 12 STIPULATION by Saint Martha Roman Catholic Church (Davey, Brian) |
| Filing 11 Letter by Saint Martha Roman Catholic Church (Attachments: #1 Exhibit SUMMONS) (Davey, Brian) |
| Filing 10 ANSWER to Complaint by Saint Martha Roman Catholic Church. (Davey, Brian) |
| Filing 9 Letter to Judge Gonzalez re: Remand by R. M. (Mermelstein, Stuart) |
| Filing 8 NOTICE by The Roman Catholic Diocese of Rockville Centre, New York /Notice of Joint Petition to Fix Venue for Claims Related to The Roman Catholic Diocese of Rockville Centre Bankruptcy Under 28 U.S.C. 157(b)(5) and 1334(b) (Attachments: #1 Exhibit A - DRVC Related Parties Petition, Memorandum of Law, and Proposed Order, #2 Exhibit B - District Court Order) (Stephens, Eric) |
| Filing 7 MOTION for Extension of Time to File Letter Regarding Plaintiff's Position on Removal by R. M.. (Mermelstein, Stuart) |
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ORDER granting #7 Motion for Extension of Time to File. Plaintiff's letter explaining Plaintiff's position regarding whether this case was properly removed from state court is due by July 14, 2023. Defendant's responsive letter is due by July 21, 2023. Ordered by Judge Hector Gonzalez on 7/7/2023. (JN)
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| Filing 6 NOTICE by R. M. re #1 Notice of Removal, Rule 9027(e)(3) Statement of Non-Consent (Mermelstein, Stuart) |
| Filing 5 Letter informing the Court that on July 5, 2023, the DRVC, filed a motion under 28 U.S.C. 157(b)(5) to transfer venue of this and the 223 similar actions to the Southern District of New York by Saint Martha Roman Catholic Church (Attachments: #1 Petition, #2 Declaration, #3 Memorandum of Law, #4 Proposed Order) (Ball, Corinne) |
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Filing 4
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by August 11, 2023, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 6/27/2023. (JN)
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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. (CL) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (CL) |
| Case Assigned to Judge Hector Gonzalez. 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) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before July 7, 2023, explaining Plaintiff's position regarding whether this case was properly removed from state court. Plaintiff's letter must address not only whether the Court has diversity or federal question jurisdiction over the claims at issue in this case, but also whether the removing Defendant complied with the procedural requirements for removal, including the requirements in 28 U.S.C. 1446. Defendant may file a responsive letter no longer than three pages on or before July 14, 2023. If Plaintiff's letter indicates that removal was improper, the Court will likely take under consideration whether to remand this case based solely on the parties' letters, without affording Defendant the opportunity further to brief the issue, regardless of whether Defendant files a responsive letter. Ordered by Judge Hector Gonzalez on 6/27/2023. (JN)
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| Filing 1 NOTICE OF REMOVAL by Saint Martha Roman Catholic Church from Nassau County Supreme Court, case number 900044/2021. ( Filing fee $ 402 receipt number ANYEDC-16831059) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit) (Davey, Brian) Modified on 6/27/2023 (CL). |
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