ARK663 Doe v. St. John of God et al
| ARK663 Doe |
| St. John of God, Does 1-5 whose identities are unknown to Plaintiff and Does 1-5 |
| The Roman Catholic Diocese of Rockville Centre, New York. and Herman Law |
| 2:2023cv05010 |
| July 3, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| P.I.: Other |
| 28 U.S.C. § 1446 Notice of Removal |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 15
ORDER: The Court GRANTS Plaintiff's motion to remand this case to state court. See ECF No. #8 . 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. 900345/2021). 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)
|
| Filing 14 Letter Withdrawing Motion by ARK663 Doe (Stoneking, Patrick) |
| Filing 13 STIPULATION by St. John of God (Adams, Charles) |
|
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)
|
| Filing 12 REPLY in Opposition filed by St. John of God. (Adams, Charles) |
| Filing 11 NOTICE by Herman Law of Charging Lien (Mermelstein, Stuart) |
| Filing 10 ANSWER to Complaint by St. John of God. (Adams, Charles) |
| Filing 9 Notice of MOTION to Remand to State Court by ARK663 Doe. (Attachments: #1 Memorandum in Support) (Stoneking, Patrick) |
| Filing 8 Letter pursuant to July 9, 2023 Order by ARK663 Doe (Stoneking, Patrick) |
| Filing 7 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 6 NOTICE by ARK663 Doe STATEMENT PURSUANT TO RULE 9027(e)(3) (Stoneking, Patrick) |
|
Filing 5
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 16, 2023, as further described in the attached mandatory requirements. The parties' joint letter shall include a description of any discovery that has already been conducted in state court prior to Defendants' removal of this case.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. Although the Court will be amenable to a reasonable extension of Defendants' deadline to answer or otherwise respond to Plaintiff's complaint, if Defendants have not yet filed its answer in state court, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answer to set a discovery schedule.Ordered by Judge Hector Gonzalez on 7/9/2023. (JN)
|
|
ORDER: Plaintiff shall file a letter no longer than five pages on or before July 24, 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 August 7, 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 Hector Gonzalez on 7/9/2023. (JN)
|
| Filing 4 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 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| 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. (LJ) |
| Filing 2 Civil Cover Sheet.. by St. John of God (Nador, Joseph) |
| Filing 1 NOTICE OF REMOVAL by St. John of God from Supreme Court Nassau County, case number 900354/2021. ( Filing fee $ 402 receipt number ANYEDC-16853266) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Affidavit of Service, #3 Exhibit order denying debtor's motion, #4 Exhibit Joint stipulation and order extending time to file notice of removal Oct. 30, 2020, #5 Exhibit Joint stipulation and order extending time to file notice of removal Nov. 23, 2020) (Nador, Joseph) Modified on 7/7/2023 (LJ). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
