Dean v. Gaul
| David A. Dean |
| Jeffrey Gaul |
| 1:2022cv01014 |
| September 27, 2022 |
| US District Court for the Northern District of New York |
| Andrew T Baxter |
| Glenn T Suddaby |
| Contract: Other |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| None |
Docket Report
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This docket was last retrieved on January 31, 2023. A more recent docket listing may be available from PACER.
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Filing 21
NOTICE of Letter in Further Support re #14 Response to Order to Show Cause (Attachments: #1 Letter in Further Support addressed to Judge Baxter)(egr, )
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Filing 20
RESPONSE TO LETTER BRIEF filed by David A. Dean as to #18 Letter Request/Motion filed by Jeffrey Gaul . (Attachments: #1 Affirmation)(Pechenik, Stephen)
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Filing 19
RESPONSE in Opposition re #18 Letter Motion for Jeffrey Gaul requesting Extension of Time to File Removal and Reply to Docket #17 Response to #8 Order and Report-Recommendation submitted to Judge Andrew T. Baxter filed by David A. Dean. (Attachments: #1 Exhibit(s) Plaintiff's Exhibit 4 (proof of mailing & receipt), #2 Affirmation Affirmation of Service)(Pechenik, Stephen)
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Filing 18
Letter Motion for Jeffrey Gaul requesting Extension of Time to File Removal and Reply to Docket #17 Response to #8 Order and Report-Recommendation submitted to Judge Andrew T. Baxter. (egr, )
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Filing 17
RESPONSE in Support re #8 REPORT AND RECOMMENDATIONS re #4 Pro Se MOTION to Obtain ECF Login and Password filed by Jeffrey Gaul. filed by Jeffrey Gaul, #3 MOTION for Leave to Proceed in forma pauperis filed by Jeffrey Gaul filed by Jeffrey Gaul : filed by David A. Dean. (Attachments: #1 Exhibit(s) Exhibit "1", #2 Exhibit(s) Exhibit "2", #3 Exhibit(s) Exhibit "3", #4 Affirmation Affirmation of Service, #5 Supplement Cover Letter to Court Clerk)(Pechenik, Stephen)
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Filing 16
NOTICE of New Facts in Support of Removal by Jeffrey Gaul (egr, )
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Filing 15
OBJECTION to #8 Report and Recommendations by Jeffrey Gaul. Response to Objections to R&R due by 11/1/2022 (egr, )
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Filing 14
RESPONSE TO ORDER TO SHOW CAUSE filed by Jeffrey Gaul. (egr, )
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Filing 13
TEXT ORDER: DENYING #9 defendant's letter motion, to the extent it seeks reconsideration of #8 my prior order denying, without prejudice, #4 defendant's motion to obtain ECF login and password, pending resolution of whether defendant improvidently removed this lawsuit from the New York State Supreme Court in Rensselaer County. Reconsideration is appropriate only if "(1) there is an intervening change in the controlling law; (2) new evidence not previously available comes to light; or (3) it becomes necessary to remedy a clear error of law or to prevent manifest injustice." United States v. Jackson, 41 F. Supp. 3d 156, 164 (N.D.N.Y. 2014) (citing Delaney v. Selsky, 899 F. Supp. 923, 925 (N.D.N.Y. 1995) (McAvoy, C.J.)). See also In re Health Mgmt. Sys., Inc. Sec. Litig., 113 F. Supp. 2d 613, 614 (S.D.N.Y.2000) ("[R]econsideration of a previous order is an extraordinary remedy to be employed sparingly in the interests of finality and conservation of scarce judicial resources."). Defendant's conclusory request for reconsideration does not satisfy the standards for granting his motion. The court continues to find that defendant's request for ECF login and password should be deferred until it is determined whether this action was properly removed to federal court or whether it should be remanded to state court. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/11/2022. [Copy served upon defendant Jeffrey Gaul by regular mail] (kmc)
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Filing 12
TEXT ORDER granting Defendant's letter-motion for an extension of time to file Objections to Magistrate Judge Baxter's Report-Recommendation (Dkt. No. #8 ). Defendant's Objections are due by the end of TUESDAY, OCTOBER 18, 2022. Also due on that date is Defendant's response to the undersigned's Text Order to Show Cause of 09/29/2022 (Dkt. No. 7 ). Defendant's motion for reconsideration of Magistrate Judge Baxter's Order denying without prejudice to obtain an ECF Login and Password is referred to Magistrate Judge Baxter. SO ORDERED by U.S. District Judge Glenn T. Suddaby on 10/11/2022. (Copy served via regular mail)(sal, )
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Filing 11
AFFIDAVIT in Opposition re #9 Letter Motion for Jeffrey Gaul requesting Extension of Time to File Objections and Reconsideration of Application to File Electronically submitted to Judge Andrew T. Baxter Certificate of Service filed by David A. Dean. (Pechenik, Stephen)
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Filing 10
RESPONSE in Opposition re #9 Letter Motion for Jeffrey Gaul requesting Extension of Time to File Objections and Reconsideration of Application to File Electronically submitted to Judge Andrew T. Baxter filed by David A. Dean. (Pechenik, Stephen)
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Filing 9
Letter Motion for Jeffrey Gaul requesting Extension of Time to File Objections and Reconsideration of Application to File Electronically submitted to Judge Andrew T. Baxter. (Attachments: #1 Cover Letter and Envelope)(egr, ) Modified on 10/7/2022 to correct filing date. (egr, ).
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Filing 8
ORDER AND REPORT-RECOMMENDATION: ORDERED, that defendant's application to proceed IFP (Dkt. No. #3 ) is GRANTED only for purposes of his initial filing, and it is RECOMMENDED, that this case be remanded to the Supreme Court, Rensselaer County based on timeliness and a lack of subject matter jurisdiction, and it is ORDERED, that defendant's motion to obtain an ECF Login and Password (Dkt. No. #4 ) is DENIED WITHOUT PREJUDICE AS MOOT, and it is ORDERED, that the Clerk of the Court shall serve a copy of this Order and Report-Recommendation on defendant Gaul in accordance with the Local Rules. Pursuant to 28 U.S.C. 636(b)(1) and Local Rule 72.1(c), the parties have fourteen (14) days within which to file written objections to the foregoing report. Such objections shall be filed with the Clerk of the Court. FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. Objections to R&R due by 10/14/2022 Case Review Deadline 10/17/2022. Signed by US Magistrate Judge Andrew T. Baxter on 9/30/2022. (Copy served via regular mail)(egr, ) Modified on 10/4/2022 to add Order to Order & R/R (sal ).
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Filing 7
TEXT ORDER directing Defendant to SHOW CAUSE in writing, within SEVEN (7) DAYS of this Text Order, why this action should not be sua sponte DISMISSED without prejudice as having been untimely removed from state court pursuant to 28 U.S.C. 1446(b), which starts the therein-referenced 30-day clock based on the service upon the defendant of the "initial pleading" or "summons" (which, here, appears to have occurred in 2019), not after "receipt by Plaintiff's lawyer of the paper/s [sic] that provide the basis for removal of this action" as stated by Defendant Defendant (Dkt. No. #1 , paragraph 79). SO ORDERED by U.S. District Judge Glenn T. Suddaby on 9/29/2022. (Copy served upon Defendant Gaul via regular mail) (sal)
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Filing 6
PRO SE HANDBOOK and NOTICE issued and explained to Jeffrey Gaul at time complaint was filed (egr, )
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Filing 5
Pro Se ECF Registration Form by Jeffrey Gaul. (egr, )
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Filing 4
Pro Se MOTION to Obtain ECF Login and Password filed by Jeffrey Gaul. Motions referred to Andrew T. Baxter. (egr, )
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Filing 3
MOTION for Leave to Proceed in forma pauperis filed by Jeffrey Gaul (Attachments: #1 Letter Request to Seal IFP) Motions referred to Andrew T. Baxter. (egr, )
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Filing 2
STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff(s) in Supreme Court, State of New York: Rensselaer County. (egr) (Main Document 2 replaced on 9/27/2022) (egr, ).
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Filing 1
NOTICE OF REMOVAL from State of New York, Supreme Court of Rensselaer County, case number 2019-263207 filed by Jeffrey Gaul. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(egr) (Main Document 1 replaced on 9/27/2022) to reflect correct Notice of Removal (egr, ). (Attachment 1 replaced on 9/27/2022) (egr, ).
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CLERK'S CORRECTION OF DOCKET ENTRY re #2 State Court Complaint, #1 Notice of Removal, Main Documents in Docket Entries #1 and #2 as well as attachment 1 in Docket entry #1 have been replaced with legible copies of Documents. (egr, )
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| Plaintiff: David A. Dean | |
| Represented By: | Stephen A Pechenik |
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| Defendant: Jeffrey Gaul | |
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