LaBau v. St. Barnabas the Apostle Roman Catholic Church et al
| Brian LaBau |
| St. Barnabas the Apostle Roman Catholic Church, St. Barnabas the Apostle Roman Catholic Church Parish, Capuchin Franciscans Tertiary Province of St. Mary N.Y., Inc., John Doe and Jane Doe and Richard Roe and Jane Roe |
| The Roman Catholic Diocese of Rockville Centre, New York |
| 2:2023cv04872 |
| June 29, 2023 |
| US District Court for the Eastern District of New York |
| Rachel P Kovner |
| Steven Tiscione |
| P.I.: Other |
| 28 U.S.C. ยง 1446 Notice of Removal |
| None |
Docket Report
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| Filing 10 REPLY in Support re #7 Notice of MOTION to Remand to State Court filed by Brian LaBau. (Attachments: #1 Declaration Declaration of Michael G. Dowd, #2 Exhibit Ex. A - DRVC v. Ark320, et al - Decision, #3 Exhibit Ex. B - Supreme Court Summons and Complaint, #4 Exhibit Ex. C - Defendant Notice of Removal, #5 Exhibit Ex. D - EDNY Judge Brown Decision, #6 Exhibit Ex. E - EDNY Judge Azrak Decision, #7 Exhibit Ex. F - Harrison vs. DRVC, et al - Affirmation in Support) (Dowd, Michael) |
| Filing 9 MEMORANDUM in Opposition re #7 Notice of MOTION to Remand to State Court filed by St. Barnabas the Apostle Roman Catholic Church Parish. (Davey, Brian) |
| Filing 8 STIPULATION by St. Barnabas the Apostle Roman Catholic Church Parish (Davey, Brian) |
ORDER re #8 Stipulation filed by St. Barnabas the Apostle Roman Catholic Church Parish. The stipulation staying the time to file a motion to amend, the time to file an answer, and, the time to commence discovery until after the motion to remand is decided is approved and hereby entered as an Order of the Court. So Ordered by Magistrate Judge Steven Tiscione on 8/2/2023. (LV)
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ORDER: Defendants are directed to respond to plaintiff's #7 motion to remand by 8/19/2023. Ordered by Judge Rachel P. Kovner on 7/27/2023. (XW)
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| Filing 7 Notice of MOTION to Remand to State Court by Brian LaBau. (Attachments: #1 Declaration Declaration of Michael G. Dowd, #2 Exhibit Summons & Ver. Complaint, #3 Exhibit Defendants' Notice of Removal, #4 Exhibit Memorandum Opinion & Order, #5 Memorandum in Support, #6 Certificate of Service) (Dowd, Michael) |
| Filing 6 ANSWER to Complaint by St. Barnabas the Apostle Roman Catholic Church Parish. (Davey, Brian) |
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ORDER: The Roman Catholic Diocese of Rockville Center, New York, and its affiliated parishes, schools, and other organizations, have filed a joint petition to transfer this case and related cases to the United States District Court for the Southern District of New York (SDNY). The petition is docketed in the SDNY as case No. 23-cv-05751-LGS. On 7/13/2023, SDNY Judge Lorna G. Schofield issued an order setting a public telephonic conference in the matter for 8/3/2023 at 2 pm. The call may be accessed at (888) 363-4749 with access code 558-3333. The order also directs that any person or entity who intends to seek to intervene shall send a pre-motion letter, not to exceed two pages, to Petitioner for receipt no later than July 25, 2023. Plaintiff may send a pre-motion letter, if any, to Petitioners counsel at Jones Day, attention Christopher Zepf: czepf@jonesday.com. Ordered by Judge Rachel P. Kovner on 7/19/2023. (SDC)
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| Filing 5 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) (Geremia, Todd) |
| Filing 4 NOTICE by Brian LaBau PURSUANT TO BANKRUPTCY RULE 9027(e)(3) (Reich, Michael) |
| 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 Rachel P. Kovner and Magistrate Judge Steven Tiscione. 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 1 NOTICE OF REMOVAL by St. Barnabas the Apostle Roman Catholic Church from Nassau County Supreme Court, case number 900125/2021. ( Filing fee $ 402 receipt number ANYEDC-16845150) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Davey, Brian) Modified on 6/30/2023 (LJ). |
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