MacKenzie v. Saint Patrick's Church et al
| Clifford R. MacKenzie |
| St. Patrick's Church, Mid-Atlantic School Sisters of Notre Dame, Saint Patrick's Church, All Saints Regional Catholic School, Saint Patrick's School and Atlantic-Midwest Province of the School Sisters of Notre Dame |
| The Roman Catholic Diocese of Rockville Centre, New York. |
| 2:2023cv04926 |
| June 30, 2023 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Steven Tiscione |
| P.I.: Other |
| 28 U.S.C. § 1446 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on August 29, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 Letter re: the August 17, 2023 decision of Judge Joan M. Azrack by Clifford R. MacKenzie (Bross, Stephenie) |
| Filing 12 NOTICE of Appearance by Christian Curran on behalf of Clifford R. MacKenzie (aty to be noticed) (Curran, Christian) |
| Filing 11 Letter RE: the August 10, 2023 decision of Judge Gary R. Brown by Clifford R. MacKenzie (Bross, Stephenie) |
| Filing 10 Letter in response to pre-motion conference request letter by Saint Patrick's Church (Davey, Brian) |
| Filing 9 STIPULATION by Saint Patrick's Church, Saint Patrick's School (Davey, Brian) |
ORDER re #9 Stipulation filed by Saint Patrick's School, Saint Patrick's Church. 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 8/4/2023. (RB)
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| Filing 8 Letter by Clifford R. MacKenzie (Bross, Stephenie) |
| Filing 7 ANSWER to Complaint by Saint Patrick's Church. (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 CENTRE'S 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) (Ball, Corinne) |
| Filing 5 CERTIFICATE OF SERVICE by Clifford R. MacKenzie (Bross, Stephenie) |
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ORDER: Having further considered Defendants' #1 notice of removal, the Court requires additional briefing. Plaintiff shall file a letter no longer than five pages on or before 7/27/2023, 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 jurisdiction over the claims at issue in this case, but also whether Plaintiff's claims meet the criteria for mandatory or permissive abstention under 28 U.S.C. 1334 or equitable remand under 28 U.S.C. 1452. Plaintiff's letter shall also address whether Defendants complied with the procedural requirements for removal, including the requirements in 28 U.S.C. 1446 or Fed. R. Bankr. P. 9027. Defendants may file a responsive letter no longer than five pages on or before 8/10/2023.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 Defendants the opportunity further to brief the issue, regardless of whether Defendants file a responsive letter. Ordered by Judge Pamela K. Chen on 7/13/2023. (SK)
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| Filing 4 NOTICE by Clifford R. MacKenzie STATEMENT OF NON- CONSENT PURSUANT TO USCS BANKRUPTCY RULE 9027(e)(3) (Bross, Stephenie) |
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ORDER: Having reviewed Defendants' #1 Notice of Removal, the Court finds that Defendant has timely removed this case pursuant to 28 U.S.C. 1446(b) because it was filed within 30 days of the termination of the Preliminary Injunction staying all deadlines in this case (See In re Roman Catholic Diocese of Rockville Centre, New York, Adv. Pro. 20-1226, Dkt. 203). Pursuant to 28 U.S.C. 1447(c), Plaintiff has until 7/30/2023 to move to remand this case on the basis of any defect other than lack of subject matter jurisdiction. Further, although the case must be remanded "[i]f at any time before final judgment it appears that the district court lacks subject matter jurisdiction" (id.) (emphasis added), Plaintiff may choose to oppose removal on subject matter jurisdiction grounds sooner. Ordered by Judge Pamela K. Chen on 7/11/2023. (SK)
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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 Pamela K. Chen 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 Saint Patrick's Church from Nassau County Supreme Court, case number 900227/2021. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-16849915) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit) (Davey, Brian) Modified on 7/3/2023 (LJ). |
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