Rogers v. Maria Regina Roman Catholic Church, et al.
| James Rogers |
| Maria Regina Roman Catholic Church, Mary Regina School and Mary Regina Parish |
| The Roman Catholic Diocese of Rockville Centre, New York |
| 2:2023cv05110 |
| July 5, 2023 |
| US District Court for the Eastern District of New York |
| Pamela K Chen |
| Anne Y Shields |
| P.I.: Other |
| 28 U.S.C. § 1446 Notice of Removal |
| None |
Docket Report
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Filing 14
ORDER OF REMAND TO STATE COURT: For the reasons explained in the attached Memorandum & Order, this case is remanded to state court. The Clerk of Court is respectfully directed to remand this entire action to the Supreme Court of the State of New York, County of Nassau, under docket number 900112/2021, and close this case. Ordered by Judge Pamela K. Chen on 8/29/2023. (SK)
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| Civil Case Terminated. See Order of Remand to State Court dated 8/29/2023. (FG) |
| Filing 13 MOTION to Remand to State Court Plaintiffs 4-page letter reply to the Defendant's letter brief by James Rogers. (Scotto, Jared) |
| Motions terminated, docketed incorrectly: #13 MOTION to Remand to State Court. This is not a motion to remand, it is a reply to defendant's #10 response. Supporting documents should not be filed as motions. No further action needed. Do no refile this document. (FG) |
| Filing 12 MOTION to Remand to State Court requesting the Courts permission to file a 4-page letter reply to the Defendant's letter by James Rogers. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Scotto, Jared) |
| Filing 11 MOTION for Interpleader Disbursement (28 U.S.C.Section 1335) , MOTION to Remand to State Court respectfully asking the Courts permission to file a 4-page letter reply to the Defendant's letter brief by James Rogers. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Scotto, Jared) |
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ORDER: Plaintiff's #12 request to file a 4 page letter reply to Defendants' #10 letter is granted. Ordered by Judge Pamela K. Chen on 8/22/2023. (SK)
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| Motions terminated, docketed incorrectly: #11 MOTION for Interpleader Disbursement (28 U.S.C.Section 1335) MOTION to Remand to State Court; and, #12 MOTION to Remand to State Court: These documents were incorrectly filed; they are not motions to remand to state court or a motion for interpleader. Both filings are letters requesting permission to file a 4-page letter reply to the Defendant's #10 response. No further action needed. Do not refile these documents. (FG) |
| Filing 10 Letter in response to pre-motion conference request letter by Maria Regina Roman Catholic Church, Mary Regina Parish, Mary Regina School (Davey, Brian) |
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ORDER TO ANSWER re #9 Stipulation filed by Mary Regina Parish, Mary Regina School, Maria Regina Roman Catholic Church: The parties' stipulation, found at docket entry No. #9 , inter alia extending Defendants' time to respond to the Complaint and initiate the discovery process until after a decision on the motion for remand is rendered, is hereby ADOPTED and SO ORDERED. Ordered by Magistrate Judge Anne Y. Shields on 8/8/2023. (DM)
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| Filing 9 STIPULATION by Maria Regina Roman Catholic Church, Mary Regina Parish, Mary Regina School (Davey, Brian) |
| Filing 8 Letter MOTION to Remand to State Court by James Rogers (Scotto, Jared) |
| Filing 7 ANSWER to Complaint by Maria Regina Roman Catholic 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 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 5 NOTICE by James Rogers PURSUANT TO BANKRUPTTCY RULE 9027 (e) (3) (Scotto, Jared) |
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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 of Appearance by Jared Scotto on behalf of James Rogers (aty to be noticed) (Scotto, Jared) |
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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 8/4/2023 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. (GO) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (GO) |
| Case Assigned to Judge Pamela K. Chen and Magistrate Judge Anne Y. Shields. 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. (GO) |
| Filing 1 NOTICE OF REMOVAL by Maria Regina Roman Catholic Church from Nassau County Supreme Court, case number 900112/2021. Was the Disclosure Statement on Civil Cover Sheet completed -Yes. ( Filing fee $ 402 receipt number ANYEDC-16859627) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Davey, Brian) Modified on 7/7/2023 (GO). |
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