Corriette v. Fernandez
| Brian Corriette |
| Ivonne Fernandez |
| 2:2023cv07964 |
| October 25, 2023 |
| US District Court for the Eastern District of New York |
| Arlene R Lindsay |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| None |
Docket Report
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| Filing 14 CLERK'S JUDGMENT: ORDERED AND ADJUDGED that plaintiff Brian Corriette take nothing of defendant Ivonne Fernandez; that defendant's motion to dismiss is granted; and that this case is closed. Ordered by Clerk of Court on 12/8/2023. (JT) |
ORDER re #9 : Before the Court is the defendants motion to dismiss the complaint for lack of personal jurisdiction. That motion is granted. A plaintiff has the burden of proving personal jurisdiction in a diversity case where, as here, a defendant appears and contests such jurisdiction. See, e.g., Ball v. Metallurgie Hoboken-Overpelt, S.A., 902 F.2d 194, 197 (2d Cir. 1990). The defendant is this case is a resident of New Jersey. She is licensed to practice medicine in New Jersey, Mississippi and Florida. During the relevant time period, she was employed as a hospitalist in Mississippi and would travel to that hospital for two-to-three-week periods of time. According to her declaration, she does not have substantial contacts with New York, does not conduct business in New York and does not own, use or possess any real property located in the State of New York. In addition, the complaint alleges acts and omissions by the defendant that all occurred in her home in New Jersey. Finally, the mere removal of a case to federal court does not waive an objection to personal jurisdiction. Cantor Fitzgerald, L.P. v. Peaslee, 88 F.3d 152, 157 n.4 (2d Cir. 1996). Accordingly, the Court cannot exercise personal jurisdiction over the defendant pursuant to New Yorks long-arm statute. See Sunward Elecs., Inc. v. McDonald, 362 F.3d 17, 22 (2d Cir. 2004). Ordered by Magistrate Judge Arlene R. Lindsay on 12/6/2023. c/ecf (RI)
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| Filing 13 CONSENT to Jurisdiction by US Magistrate Judge 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. Approved and Signed by Chief Judge Margo K. Brodie on 11/16/2023. (GO) |
| Filing 12 REPLY to Response to Motion re #9 First MOTION to Dismiss for Lack of Jurisdiction First MOTION to Dismiss for Failure to State a Claim filed by Ivonne Fernandez. (Attachments: #1 Exhibit Ex. A State Docket, #2 Exhibit Ex. B Kah State Docket, #3 Exhibit Ex. C Kah Notice of Removal) (Vazquez, Joe) |
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ORDER: Counsel for the defendant is directed to respond to the plaintiffs submission addressing jurisdiction on or before November 17, 2023. Defense counsel need not address the arguments concerning subject matter jurisdiction, which is not at issue in this case, or the argument that by removing the action to this court personal jurisdiction was somehow waived. See Cantor Fitzgerald, L.P. v. Peaslee, 88 F.3d 152, 157 n.4 (2d Cir. 1996)(the mere removal of a case to federal court does not waive an objection to personal jurisdiction). Nor should defense counsel address the underlying merits of the action. Defense counsel need only respond to the plaintiffs argument that the defendant waived jurisdiction because her attorney appeared in the State Court action and did not contest jurisdiction. Defense counsel may respond in a letter. Ordered by Magistrate Judge Arlene R. Lindsay on 11/9/2023. c/ecf (RI)
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| Filing 11 MEMORANDUM in Opposition re #10 Affidavit in Opposition to Motion To Dismiss the Complaint filed by Brian Corriette. (Attachments: #1 Affidavit PLAINTIFF CORRIETTE, #2 Exhibit TABLE OF EXHIBITS, #3 Exhibit EXHIBIT A, #4 Exhibit EXHIBIT B, #5 Exhibit EXHIBIT C, #6 Exhibit EXHIBIT D, #7 Exhibit EXHIBIT E, #8 Exhibit EXHIBIT F, #9 Exhibit EXHIBIT G, #10 Exhibit EXHIBIT H, #11 Exhibit EXHIBIT I, #12 Exhibit EXHIBTI J, #13 Exhibit EXHIBIT K, #14 Affidavit AFFIRMATION OF SERVICE) (Gray, Carol) |
| Filing 10 AFFIDAVIT/DECLARATION in Opposition re #9 First MOTION to Dismiss for Lack of Jurisdiction First MOTION to Dismiss for Failure to State a Claim with proof of service filed by Brian Corriette. (Gray, Carol) |
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ORDER. On on before November 8, 2023, the plaintiff is directed to identify the basis for jurisdiction.Ordered by Magistrate Judge Arlene R. Lindsay on 10/31/2023. c/ecf (DM)
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| Filing 9 First MOTION to Dismiss for Lack of Jurisdiction , First MOTION to Dismiss for Failure to State a Claim by Ivonne Fernandez. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit) (Vazquez, Joe) |
| Filing 8 CONSENT to Jurisdiction by US Magistrate Judge by Ivonne Fernandez. (Vazquez, Joe) |
| Filing 7 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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 is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (LJ) |
| Filing 6 CERTIFICATE OF SERVICE by Ivonne Fernandez of Notice of Removal on counsel for Plaintiff (Vazquez, Joe) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Additional attachment(s) added on 10/27/2023: #1 Additional Corrections) (LJ). |
| Case Assigned to Magistrate Judge Arlene R. Lindsay. 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 4 Civil Cover Sheet.. by Ivonne Fernandez (Vazquez, Joe) |
| Filing 3 Civil Cover Sheet.. by Ivonne Fernandez (Vazquez, Joe) |
| Filing 2 Corporate Disclosure Statement by Ivonne Fernandez (Vazquez, Joe) |
| Filing 1 NOTICE OF REMOVAL by Ivonne Fernandez ( Filing fee $ 402 receipt number BNYEDC-17220374) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit A (Summons andComplaint), #2 Exhibit B (Affidavit of Service)) (Vazquez, Joe) Modified on 10/27/2023 (LJ). |
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| Plaintiff: Brian Corriette | |
| Represented By: | Carol Angela Gray |
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| Defendant: Ivonne Fernandez | |
| Represented By: | Joe Vazquez |
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