Dolce v. Connetquot Central School District et al
| Christopher Dolce |
| Connetquot Central School District, Connetquot Board of Education, Lynda G. Adams, Reza Kolahifar, Jaclyn Napolitano-Furno, Lee Kennedy and Michael Moran |
| 2:2024cv00622 |
| January 29, 2024 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
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| Filing 13 First MOTION for Extension of Time to Complete Discovery on Consent by Christopher Dolce. (Johnson, Kimberly) |
ORDER: The Court has received Plaintiff's motion for an extension of time, see ECF No. #13 , which is addressed to Judge Dunst. This case is currently in front of Judge Hector Gonzalez. If the parties intended to consent to the jurisdiction of Magistrate Judge Dunst, who sits in the Central Islip Courthouse, then they shall file the District's consent form published on the docket, see ECF No. #4 , on or before March 22, 2024, in which case the Court will defer to Judge Dunst to set a discovery schedule. If the parties have not filed by that date the form consenting to a magistrate judge's jurisdiction, the Court will enter a scheduling order. Any party is free to withhold consent without adverse substantive consequences, and if the parties do not unanimously consent to a magistrate judge's jurisdiction, the parties shall not identify which party or parties did or did not so consent. Ordered by Judge Hector Gonzalez on 3/19/2024. (KM)
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| Filing 12 WAIVER OF SERVICE Returned Executed by Jaclyn Napolitano-Furno, Connetquot Board of Education, Lee Kennedy, Connetquot Central School District, Michael Moran, Lynda G. Adams, Reza Kolahifar. All Defendants. (Sokoloff, Brian) |
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Filing 11
ORDER: The Court declines to adopt the parties' proposed case management plan, see ECF No. [10-1] as the parties have not articulated a basis for this case to have twice the amount of time for discovery that the Court typically permits. See ECF No. #5 . The Court instead adopts the accompanying case management plan as the Court's scheduling order required by Rule 16(b). Additionally, as the parties are aware, this case has been assigned to Judge Hector Gonzalez, who sits in the Brooklyn Courthouse of the Eastern District of New York. As such, any proceedings in this case, including trial, will occur in the Brooklyn Courthouse. As noted in the Court's Scheduling Order, see ECF No. #5 , the Magistrate Judge assigned to this case is Magistrate Judge Dunst, who sits in the Central Islip Courthouse of the Eastern District of New York. If the parties wish to have the case heard in Central Islip, they may do so by consenting to the jurisdiction of the Magistrate Judge by filing the District's consent form, which was published on the docket, see ECF No. #4 . Any party is free to withhold consent without adverse substantive consequences, and if the parties do not unanimously consent to Magistrate Judge Dunst's jurisdiction, the parties shall not identify which party or parties did or did not so consent. Ordered by Judge Hector Gonzalez on 3/6/2024. (PN)
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| Filing 10 Letter Joint Status Letter to Court by Christopher Dolce (Attachments: #1 Civil Case Management Plan) (Johnson, Kimberly) |
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ORDER: The Court has received the parties' letters regarding their positions on whether this case was properly removed from state court. See ECF Nos. #8 , #9 . Plaintiff argues in his letter that Defendants' notice of removal was "premature and therefore untimely under 28 U.S.C. 1446" because "defendants have not yet been served with the pleadings" from the state court action and therefore "the removal clock [under Section 1446] never started to run." See ECF No. #8 . Counsel for Defendants represents that Defendant Connetquot Central School District became aware of this case from "a request for comment from a reporter from Newsday," and subsequently informed counsel, who researched the case online and found the summons and complaint from the state court action. See ECF No. #9 . Defendants then removed the case to federal court. Id.The Court finds the case was properly removed from state court. "[T]here is no statutory requirement that Defendants be formally served with the Summons or Complaint prior to removal. Rather, section 1446(b) provides that a notice of removal must be filed 'within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading.'" NXIVM Corp. v. Ross, No. 09-cv-338S, 2009 WL 1765240, at *3 (W.D.N.Y. June 22, 2009) (citing 28 U.S.C. 1446(b)). Here, Counsel for Defendants was made aware of the state court action, evaluated the allegations, and filed a notice of removal. See ECF No. #9 . Further, Plaintiff concedes, and the Court independently finds, that the Court has jurisdiction to hear Plaintiff's claims pursuant to 28 U.S.C. 1331 as Plaintiff is seeking relief under Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and 42 U.S.C. 1983. See ECF No. #8 ; ECF No. [1-1] (Complaint). Because "Plaintiff offers no other authority for its argument that a defendant, armed with a copy of the Complaint from which it can intelligently ascertain the basis for removal, is prohibited from removing an action prior to Plaintiff's formal service of process, " NXIVM Corp., 2009 WL 1765240, at *3, the case shall proceed. The parties are reminded of their obligation to file the joint letter and completed case management plan required by the Court's prior scheduling order, see ECF No. #5 on or before March 5, 2024. Ordered by Judge Hector Gonzalez on 2/8/2024. (KM)
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| Filing 9 Letter responding to ECF Dckt. Entry 8 and complying with the Court's order of January 30, 2024 by Lynda G. Adams, Connetquot Board of Education, Connetquot Central School District, Lee Kennedy, Reza Kolahifar, Michael Moran, Jaclyn Napolitano-Furno (Sokoloff, Brian) |
| Filing 8 Letter in Response to Defendants' Notice of Removal by Christopher Dolce (Johnson, Kimberly) |
| Filing 7 STATE COURT RECORD Received (JVC) |
| Filing 6 NOTICE of Appearance by Kimberly Johnson on behalf of Christopher Dolce (aty to be noticed) (Johnson, Kimberly) |
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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 March 5, 2024, 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 Defendant's 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 Defendant's deadline to answer or otherwise respond to Plaintiff's complaint, 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 Defendant's answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 1/30/2024. (PN)
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| Filing 4 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (LJ) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 2 Civil Cover Sheet.. by Lynda G. Adams, Connetquot Board of Education, Connetquot Central School District, Lee Kennedy, Reza Kolahifar, Michael Moran, Jaclyn Napolitano-Furno (Sokoloff, Brian) |
| 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) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before February 6, 2024, 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 diversity or federal question jurisdiction over the claims at issue in this case, but also whether Defendants complied with the procedural requirements for removal, including the requirements in 28 U.S.C. 1446. Defendants may file a responsive letter no longer than three pages on or before February 13, 2024.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 1/30/2024. (PN)
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| Filing 1 NOTICE OF REMOVAL by All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -No ( Filing fee $ 405 receipt number ANYEDC-17508953) (Attachments: #1 Exhibit A) (Sokoloff, Brian) Modified on 1/30/2024 (LJ). |
| Notice: Re: Civil Cover Sheet. A Civil Cover Sheet was not filed; the Clerk's Office cannot assign this case without a Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (LJ) |
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