Tanner v. Heffernan Insurance Brokers, Inc. et al
| Cristina Tanner |
| Heffernan Insurance Brokers, Inc., Dana Schiller and Risen Foods LLC. |
| 6:2019cv00255 |
| February 21, 2019 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Brenda K Sannes |
| P.I.: Other |
| 28 U.S.C. ยง 1446 Petition for Removal- Personal Injury |
| None |
Docket Report
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Filing 12
ORDER that Plaintiff's motion to remand (Dkt. No. #5 ) is GRANTED and this action is REMANDED to the Supreme Court of the State of New York, County of Oneida for all further proceedings. The Clerk is directed to mail a copy of this Memorandum-Decision and Order to the Clerk of the Supreme Court of the State of New York, Oneida County for filing in Tanner v. Heffernan Insurance Brokers, Inc., et al., Index No. EFCA2018-002837. Defendants' motion to dismiss, (Dkt. No. #4 ), is DENIED as moot. Signed by Judge Brenda K. Sannes on 4/24/2019. (rjb, )
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| Filing 11 REPLY to Response to Motion re #5 First MOTION to Remand to State Court filed by Cristina Tanner. (Attachments: #1 Exhibit(s) A - Stipulation of Discontinuance, #2 Exhibit(s) B- Order approving settlement agreement, #3 Memorandum of Law Reply Memorandum of Law, #4 Exhibit(s) Addendum to MOL)(Behr, Laurence) |
| TEXT NOTICE TO COUNSEL: The #5 Motion to Remand will be heard on submission of the papers. Once the papers have been reviewed, counsel will be notified if oral argument is deemed necessary. (rjb, ) |
| Filing 10 RESPONSE in Opposition re #5 First MOTION to Remand to State Court filed by Heffernan Insurance Brokers, Inc., Dana Schiller. (Attachments: #1 Declaration of Peter T. Shapiro in Opposition to Plaintiff's Motion to Remand)(Shapiro, Peter) |
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Filing 9
TEXT ORDER: The Court has reviewed Dkt. No. #6 . The response and reply deadlines related to the #4 Motion to Dismiss are hereby adjourned, without date, pending a decision on the #5 Motion to Remand. SO ORDERED by Judge Brenda K. Sannes on 3/13/2019. (rjb, )
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Filing 8
TEXT ORDER granting that part of Dkt. #6 submitted to Magistrate Judge Dancks requesting adjournment of the Rule 16 Conference. The 3/25/2019 Rule 16 Conference and related deadlines are adjourned without new date and will be rescheduled, if necessary, once the pending motions to remand and dismiss are resolved. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/4/2019. (sg)
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| Filing 7 ANSWER to Complaint by Risen Foods LLC..(Longeretta, David) |
| Filing 6 Letter Motion from Laurence D. Behr, Esq. for Cristina Tanner requesting Cancel mot to dismiss & CMO pending remand decision submitted to Judge Sannes and Dancks . (Behr, Laurence) |
| Filing 5 First MOTION to Remand to State Court Motion Hearing set for 4/4/2019 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 3/18/2019 Reply to Response to Motion due by 3/25/2019. filed by Cristina Tanner. (Attachments: #1 Declaration Supporting Declaration, #2 Exhibit(s) A - Amended Summons w Notice, #3 Exhibit(s) B - Affid Svc on Heffernan, #4 Exhibit(s) C - Affid Svc on Schiller, #5 Exhibit(s) C-1 - Demand for Complaint, #6 Exhibit(s) D - Settlement Agreement w Assignment, #7 Exhibit(s) E - Amended Assignment, #8 Memorandum of Law Memorandum of Law) (Behr, Laurence) |
| Filing 4 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 4/4/2019 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 3/18/2019 Reply to Response to Motion due by 3/25/2019. filed by Heffernan Insurance Brokers, Inc., Dana Schiller. (Attachments: #1 Declaration of Peter T. Shapiro, #2 Exhibit(s) A - Complaint, #3 Memorandum of Law in Support of Motion to Dismiss) (Shapiro, Peter) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/25/2019 11:30 AM in Syracuse before Magistrate Judge Therese Wiley Dancks. All conferences are conducted by telephone. Plaintiffs attorney will initiate the call (unless the Court directs differently) and shall contact Judge Dancks Chambers at 315-234-8618(a dedicated line solely for telephone conferences) once all parties are on the line. Counsel may use a teleconferencing service for assistance initiating conference calls to the Court. For cases involving pro se parties, the Court will initiate the call for the Rule 16 Conference. Pro se parties are instructed to provide the Court with a telephone number where they may be reached for a conference call. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/18/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) Modified on 2/25/2019 (sg, ). |
| ***Answer due date updated for Heffernan Insurance Brokers, Inc. answer due 2/28/2019; Risen Foods LLC. answer due 2/28/2019; Dana Schiller answer due 2/28/2019. (khr) |
| Filing 2 STATE COURT SUMMONS & COMPLAINT: relating to #1 Notice of Removal, filed by Heffernan Insurance Brokers, Inc., Dana Schiller. (khr) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, Oneida County, case number EFCA2018-002837 (Filing fee $400 receipt number ANYNDC-4657686) filed by Heffernan Insurance Brokers, Inc., Dana Schiller. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(khr) |
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