Buck Construction, LLC v. Murray Corporation

Justia Dockets & Filings Second Circuit New York Northern District Buck Construction, LLC v. Murray Corporation

Buck Construction, LLC v. Murray Corporation

Plaintiff:	Buck Construction, LLC
Defendant:	Murray Corporation
Case Number:	6:2017cv00275
Filed:	March 9, 2017
Court:	US District Court for the Northern District of New York
Office:	Utica Office
County:	Oneida
Presiding Judge:	Therese Wiley Dancks
Presiding Judge:	Frederick J. Scullin
Nature of Suit:	Property Damage Product Liability
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 18, 2017	Filing 26 JUDGMENT: It is ORDERED and ADJUDGED that, upon the filing of the # 20 Amended Complaint, this action is REMANDED to state court because this Court no longer has subject matter jurisdiction over this action. [Certified copies of this judgment and the # 19 Order served upon Oneida County Clerk via regular mail.] (nmk)
September 8, 2017	Filing 19 MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Plaintiff's # 17 cross-motion to amend its complaint and to join Howland Pump as a Defendant is GRANTED. The Court further ORDERS that Plaintiff shall file and serve its amended comp laint within 10 days of the date of this Memorandum-Decision and Order. The Court further ORDERS that Defendant's # 11 motion to dismiss for lack of personal jurisdiction pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure is D ENIED. The Court further ORDERS that, after Plaintiff files its amended complaint, which will, among other things, name as a Defendant to this action, a non-diverse party, i.e., Howland Pump, this action shall be REMANDED to state court because this Court will no longer have subject matter jurisdiction over this action. The Court further ORDERS that the Clerk of the Court shall, at the appropriate time, mail a certified copy of this Memorandum-Decision and Order to the Clerk of New York Supreme Court, Oneida County, as 28 U.S.C. § 1447(c) requires. Signed by Senior Judge Frederick J. Scullin, Jr. on 9/8/2017. (nmk)

Date Filed

Document Text

September 18, 2017

Filing 26 JUDGMENT: It is ORDERED and ADJUDGED that, upon the filing of the # 20 Amended Complaint, this action is REMANDED to state court because this Court no longer has subject matter jurisdiction over this action. [Certified copies of this judgment and the # 19 Order served upon Oneida County Clerk via regular mail.] (nmk)

September 8, 2017

Filing 19 MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Plaintiff's # 17 cross-motion to amend its complaint and to join Howland Pump as a Defendant is GRANTED. The Court further ORDERS that Plaintiff shall file and serve its amended comp laint within 10 days of the date of this Memorandum-Decision and Order. The Court further ORDERS that Defendant's # 11 motion to dismiss for lack of personal jurisdiction pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure is D ENIED. The Court further ORDERS that, after Plaintiff files its amended complaint, which will, among other things, name as a Defendant to this action, a non-diverse party, i.e., Howland Pump, this action shall be REMANDED to state court because this Court will no longer have subject matter jurisdiction over this action. The Court further ORDERS that the Clerk of the Court shall, at the appropriate time, mail a certified copy of this Memorandum-Decision and Order to the Clerk of New York Supreme Court, Oneida County, as 28 U.S.C. § 1447(c) requires. Signed by Senior Judge Frederick J. Scullin, Jr. on 9/8/2017. (nmk)

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Plaintiff: Buck Construction, LLC
Represented By:	Daniel W. Coffey
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Defendant: Murray Corporation
Represented By:	Michelle M. Davoli
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