Crown Asset Management, LLC v. Cunningham
| Crown Asset Management, LLC |
| Todd J. Cunningham |
| 1:2022cv00048 |
| January 20, 2022 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Therese Wiley Dancks |
| Contract: Other |
| Defendant |
Docket Report
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This docket was last retrieved on March 18, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 Letter from Todd Cunningham to Judge Danck, re DKT # 18 Text Order. (gmd, ) |
| Filing 22 Letter Motion from Todd J. Cunningham, Pro Se requesting clarification on the # 19 Text Order submitted to Judge Mae A. D'Agostino. (pjh, ) |
| Filing 21 TEXT ORDER re #20 Letter Request. In a letter dated March 9, 2022, Defendant seeks clarification of the use of the term "pilot" in docket entry number six (6). See Dkt. No. 20. Defendant is hereby instructed that the use of the term "pilot" is in reference to sections of Judge D'Agostino's Individuals Rules and Practices requiring, among other things, parties to file pre-motion letters in certain instances. The term "pilot" is used to alert the parties that not all judges in the Northern District of New York follow this practice. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 3/14/22. (Copy served via regular mail upon defendant)(ban) |
| Filing 20 Letter Motion from Todd J. Cunningham, Pro Se requesting clarification on the docket sheet submitted to Judge Mae A. D'Agostino. (pjh, ) |
| Filing 19 TEXT ORDER directing the parties to show cause why this case should not be remanded to state court for lack of subject matter jurisdiction. Plaintiff commenced this action on December 8, 2021, in New York State Supreme Court, Warren County, seeking to collect a debt of $4,194.42 from Defendant that had been assigned to Plaintiff from Citibank, N.A. See Dkt. No. 2. Plaintiff filed a notice of removal on January 20, 2022, and filed an answer with counterclaims on February 3, 2022. See Dkt. Nos. 1, 13. A notice of removal must allege a proper basis for removal under 28 U.S.C. 1441 to 1445. See Agyin v. Razmzan, 986 F.3d 168, 181 (2d Cir. 2021). "[In] determining whether jurisdiction is proper, we look only to the jurisdictional facts alleged in the Notices of Removal." Id. (citation omitted). A defendant may remove a civil action brought in state court to a federal court in "any civil action... of which the district courts of the United States have original jurisdiction." 28 U.S.C. 1441(a). A district court is required to evaluate "whether the plaintiff could have filed its operative complaint in federal court, either because it raises claims arising under federal law or because it falls within the court's diversity jurisdiction." Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743, 1748 (2019). However, the Supreme Court has held that "[a] counterclaim... cannot serve as the basis for 'arising under' jurisdiction." Id. (quoting Holmes Grp., Inc. v. Vornado Air Circulation Sys., Inc., 535 U.S. 826, 831 (2002)). Here, the underlying state-court complaint brings claims sounding in breach of contract under state law. Although the parties are domiciled in different states, the amount in controversy is well-below the $75,000 baseline for the Court to exercise diversity jurisdiction. Moreover, while Defendant Cunningham has raised counterclaims asserting violations of federal laws, it is well settled that a counterclaim cannot serve to create federal court subject matter jurisdiction. As such, unless Plaintiff establishes that this Court has jurisdiction over this matter within fourteen (14) days of the date of this text order, this matter will be remanded to Warren County Supreme Court without further order from this Court. IT IS SO ORDERED. Show Cause Notice of Compliance Deadline 3/24/2022. Signed by U.S. District Judge Mae A. D'Agostino on 3/10/22. (Copy served via regular and certified upon defendant)(ban) Modified on 3/10/2022 (ban). |
Filing 18
TEXT ORDER: In light of the filing of a motion to dismiss by plaintiff, the 3/24/2022 telephone Rule 16 Conference and associated deadlines are adjourned without new date at this time. The conference will be rescheduled, as necessary, once a decision on the motion to dismiss has been issued by the District Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/9/2022. (A copy of this Text Order has been served on pro se party(ies) via regular mail.)(sg)
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| Filing 17 First MOTION to Dismiss for Failure to State a Claim in Defendant's Counterclaims filed by Crown Asset Management, LLC. Motion returnable before Judge Mae A. D'Agostino Response to Motion due by 3/30/2022. Reply to Response to Motion due by 4/6/2022 (Attachments: #1 Memorandum of Law) (Devine, Joseph) |
| TEXT NOTICE of Telephone Initial Conference: The Telephone Initial Conference has been re-set for 3/24/2022 at 2:00 PM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/17/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Parties are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 8422.(A copy of this text notice has been served on pro se party via regular mail.)(sg) |
| Filing 16 NOTICE of Appearance by Joseph G. Devine, Jr on behalf of Crown Asset Management, LLC (Devine, Joseph) |
| Filing 15 RETURN RECEIPT received unexectued. The # 14 Status Report Order was served on Stephanie Vetch, Esq. via certified mail. (pjh, ) |
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Filing 14
TEXT ORDER: Court reviewed docket and notes that counsel for plaintiff has failed to obtain admission to practice in this Court per Dkt. No. #5 and no attorney has appeared to represent plaintiff. Since plaintiff is a Limited Liability Company, it cannot appear pro se. Therefore, the Rule 16 conference scheduled for 2/23/2022 and related deadlines are adjourned at this time and will be rescheduled as necessary once counsel appears for plaintiff. Counsel for plaintiff is directed to obtain admission to practice in the NDNY and file an appearance by 2/28/2022, or plaintiff should obtain new counsel who is admitted in the NDNY and that counsel should file a notice of appearance by 2/28/2022. The failure of any counsel to appear for plaintiff by 2/28/2022 may result in dismissal of the action in its entirety for failure to prosecute, and failure to follow Court Orders and directives. The Clerk is directed to send a copy of this Text Order to counsel for plaintiff at the address set out in Dkt. No. 5 via regular mail and certified mail/return receipt requested. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/10/2022. (A copy of this Text Order has been served on pro se party(ies) via regular mail, and upon counsel for plaintiff by regular mail and certified mail RRR.)(sg)
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| Filing 13 ANSWER to Complaint by Todd J. Cunningham, Pro Se. (Attachments: #1 Cover Letter, #2 Envelope)(pjh, ) |
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Filing 12
TEXT ORDER: Court reviewed letter motion from pro se defendant (Dkt. No. #7 ) requesting an extension of time to respond to the complaint which is granted. Defendant's response is due 2/4/2022. Court has also reviewed defendant's request to obtain a pro se ECF login (Dkt. No. #9 ) which is denied without prejudice to renew after the Rule 16 conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/26/2022. (A copy of this Text Order has been served on pro se party(ies) via regular mail.) (sg )
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| Filing 11 Pro Se ECF Registration Form by Todd J. Cunningham, Pro Se. (pjh, ) |
| Filing 10 State Court Docket Sheet and documents filed by Todd J. Cunningham, Pro Se. (pjh, ) |
| Filing 9 Pro Se MOTION to Obtain ECF Login and Password filed by Todd J. Cunningham. Motions referred to Judge Therese Wiley Dancks. (pjh, ) (Additional attachment(s) added on 1/25/2022: #1 Pro Se ECF Registration Form) (sg, ). |
| Filing 8 CERTIFICATE OF SERVICE filed by Todd J. Cunningham, Pro Se regarding the service of the #1 Notice of Removal and Filing Order with Attached Materials. (pjh, ) |
| Filing 7 Letter Motion from Todd J. Cunningham, Pro Se requesting an extension of time to Answer the State Court Complaint submitted to Judge Therese Wiley Dancks. (pjh, ) |
| Filing 6 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. [A copy of this Text-Only Notice was mailed to Pro Se Defendant, Todd J. Cunningham, via regular mail on 1/21/2022.] (hmr) |
| ***Answer due date updated for Todd J. Cunningham answer due 1/27/2022. (hmr) [Copy of this docket entry was mailed to pro se defendant, Todd J. Cummingham via regular mail on 1/21/2022.] |
| Filing 5 NOTICE OF ADMISSION REQUIREMENT as to Party Plaintiff; Attorney Stephanie R. Vetch,. Phone number is 212-267-3550. Admissions due by 2/3/2022. [A copy of this Notice was mailed via regular mail to Attorney Vetch on 1/21/2022.](hmr) |
| Filing 4 PRO SE HANDBOOK and NOTICE issued and explained to Todd J. Cunningham at time complaint was filed. [A copy of this notice, together with the Local Rules and Pro Se Handbook were given to the pro se defendant at the counter on 1/20/2022.] (hmr) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/23/2022 at 11:30 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/16/2022. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) |
| Filing 2 STATE COURT SUMMONS AND COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff(s) in Warren County Supreme Court. (hmr) |
| Filing 1 NOTICE OF REMOVAL from Warren County Supreme Court, case number EF2021-69697 (Filing fee $402 receipt number ALB12319) filed by Todd J. Cunningham. (Attachments: #1 Exhibit A - State Court Summons and Complaint, #2 Exhibit B - Manual of Freemasonry, #3 Civil Cover Sheet)(hmr) |
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| Plaintiff: Crown Asset Management, LLC | |
| Represented By: | Joseph G. Devine, Jr. |
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| Defendant: Todd J. Cunningham | |
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