Flanagan v. Parish of St. Martin of Tours et al
| Patrick Thomas Flanagan |
| Parish of St. Martin of Tours, St. Martin of Tours Roman Catholic Church and Does 1-5 |
| The Roman Catholic Diocese of Rockville Centre, New York. |
| 2:2023cv05190 |
| July 7, 2023 |
| US District Court for the Eastern District of New York |
| Frederic Block |
| Lee G Dunst |
| P.I.: Other |
| 28 U.S.C. § 1446 Notice of Removal |
| None |
Docket Report
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| Filing 12 Letter re: Remand of the State Court Action by Patrick Thomas Flanagan (Attachments: #1 Exhibit Hon. Gary R. Brown's Memo of Decision & Order) (Matthews, David) |
Filing 11
STIPULATION AND ORDER re #9 Stipulation filed by Parish of St. Martin of Tours, St. Martin of Tours Roman Catholic Church. SO Ordered by Magistrate Judge Lee G. Dunst on 8/8/2023. (CT)
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| Filing 10 Letter by Parish of St. Martin of Tours, St. Martin of Tours Roman Catholic Church (Davey, Brian) |
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ELECTRONIC ORDER: Referring the parties joint stipulation #9 to MJ Dunst to decide. All pre-trial matters, except dispositive motions, should be addressed to MJ Dunst who will be handling all pre-trial matters in this litigation. Ordered by Judge Frederic Block on 8/7/2023. (MI)
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| Filing 9 STIPULATION by Parish of St. Martin of Tours, St. Martin of Tours Roman Catholic Church (Davey, Brian) |
| Filing 8 Letter re: Remand of the State Court Action by Patrick Thomas Flanagan (Matthews, David) |
| Filing 7 ANSWER to Complaint by St. Martin of Tours Roman Catholic Church. (Davey, Brian) |
| Filing 6 NOTICE by Patrick Thomas Flanagan Pursuant to Bankruptcy Rule 9027(e)(3) (Matthews, David) |
| 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'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) |
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ELECTRONIC ORDER: Plaintiff shall file a letter no longer than five pages on or before July 31, 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 Frederic Block on 7/17/2023. (MI)
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SCHEDULING ORDER: The Court will hold an Initial Conference on 10/27/2023 at 11:00 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 7/13/2023. (CT)
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Filing 4
ORDER OF RECUSAL. Magistrate Judge James M. Wicks recused. Case reassigned to Magistrate Judge Lee G. Dunst for all further proceedings. Ordered by Magistrate Judge James M. Wicks on 7/12/2023. (GO)
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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 Frederic Block and Magistrate Judge James M. Wicks. 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 St. Martin of Tours Roman Catholic Church from Nassau County Supreme Court, case number 900381/2021. Was the Disclosure Statement on Civil Cover Sheet completed -Yes. ( Filing fee $ 402 receipt number ANYEDC-16866119) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Davey, Brian) Modified on 7/11/2023 (GO). |
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