Vitoria v. Saint Catherine of Sienna Roman Catholic Church and Province of the Most Sacred Heart of Jesus et al
| Dante Vitoria |
| Saint Catherine of Sienna Roman Catholic Church, Saint Catherine of Sienna Roman Catholic Church and Province of the Most Sacred Heart of Jesus and Third Order Regular of St. Francis of Penance doing business as Franciscan Friars of the Third Order Regular |
| The Roman Catholic Diocese of Rockville Centre, New York |
| 2:2023cv04782 |
| June 27, 2023 |
| US District Court for the Eastern District of New York |
| Lee G Dunst |
| Diane Gujarati |
| P.I.: Other |
| 28 U.S.C. § 1446 Notice of Removal |
| None |
Docket Report
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Filing 13
MEMORANDUM & ORDER: For the reasons set forth in the attached Memorandum & Order, this case is remanded to the state court from which it was removed. The Clerk of Court is directed to send a certified copy of this Order to the Clerk of that court and to close this case. Ordered by Judge Diane Gujarati on 8/22/2023. (KA)
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Filing 12
STIPULATION AND ORDER re #11 Stipulation filed by Dante Vitoria. SOOrdered by Magistrate Judge Lee G. Dunst on 8/7/2023. (CT)
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| Filing 11 STIPULATION Staying all Further Litigation Pending Resolution of the Motion to Withdraw by Dante Vitoria (Feldshon, Arielle) |
| Filing 10 NOTICE of Appearance by Arielle Z. Feldshon on behalf of Dante Vitoria (aty to be noticed) (Feldshon, Arielle) |
| Filing 9 STIPULATION by Saint Catherine of Sienna Roman Catholic Church and Province of the Most Sacred Heart of Jesus (Davey, Brian) |
| Filing 8 AFFIDAVIT of Service for Motion to Withdraw and Order served on Dante Vitoria on 7/17/2023 and 7/18/2023, filed by Dante Vitoria. (Cate, Elizabeth) |
| Filing 7 ANSWER to Complaint by Saint Catherine of Sienna Roman Catholic Church and Province of the Most Sacred Heart of Jesus. (Davey, Brian) |
| Filing 6 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 CENTRES 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 The District Court Order) (Stephens, Eric) |
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ORDER: Plaintiff shall respond to DE #5 by 9/5/2023. Counsel for Plaintiff shall serve a copy of this Order on Plaintiff and file proof of service via ECF. Ordered by Magistrate Judge Lee G. Dunst on 7/17/2023. (CT)
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| Filing 5 MOTION to Withdraw as Attorney for Plaintiff by Dante Vitoria. (Attachments: #1 Declaration of Elizabeth A. Cate, Esq. in Support of Motion, #2 Exhibit A - State Court Summons and Complaint, #3 Exhibit B - Proof of Delivery, #4 Exhibit C - State Court Order to Show Cause, #5 Exhibit D - State Court Notice of Entry of Order Terminating Stay, #6 Exhibit E - Correspondence with Honorable Leonard D. Steinman, J.S.C.) (Cate, Elizabeth) |
| Filing 4 NOTICE of Appearance by Elizabeth A. Cate on behalf of Dante Vitoria (aty to be noticed) (Cate, Elizabeth) |
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SCHEDULING ORDER: The Court will hold an Initial Conference on 10/3/2023 at 10:15 AM in Courtroom 830 of the U.S. District Court E.D.N.Y. Long Island Courthouse, located at 100 Federal Plaza, Central Islip, New York. The parties are directed to follow Judge Dunst's Individual Practice Rules, which are available on the Court's website, and submit a proposed discovery plan/scheduling order at least five business days prior to the initial conference pursuant to Judge Dunst's Individual Practice Rule IV.A.1. Ordered by Magistrate Judge Lee G. Dunst on 6/29/2023. (CT)
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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 Diane Gujarati and Magistrate Judge Lee G. Dunst. 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) |
| Irwin Zalkin - 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. (LJ) |
| Filing 1 NOTICE OF REMOVAL by Saint Catherine of Sienna Roman Catholic Church and Province of the Most Sacred Heart of Jesus from Nassau County Supreme Court, case number 900080/2021. ( Filing fee $ 402 receipt number ANYEDC-16835524) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit) (Davey, Brian) Modified on 6/28/2023 (LJ). |
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| Plaintiff: Dante Vitoria | |
| Represented By: | Arielle Z. Feldshon |
| Represented By: | Elizabeth A. Cate |
| Represented By: | Irwin Zalkin |
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| Defendant: Saint Catherine of Sienna Roman Catholic Church | |
| Represented By: | Brian R. Davey |
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| Defendant: Saint Catherine of Sienna Roman Catholic Church and Province of the Most Sacred Heart of Jesus | |
| Represented By: | Brian R. Davey |
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| Defendant: Third Order Regular of St. Francis of Penance doing business as Franciscan Friars of the Third Order Regular | |
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| Interested party: The Roman Catholic Diocese of Rockville Centre, New York | |
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