Potter v. Tompkins County et al
| Mark Potter |
| Tompkins County and Cayuga County |
| 9:2024cv00049 |
| January 11, 2024 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Gary L Sharpe |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 5, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 8
TEXT ONLY ORDER: On January 22, 2024, the court ordered removing defendant Cayuga County to show cause why the action should not be remanded to state court for failure to timely remove. (Dkt. No. 5 .) Removing defendant, admitting that the Notice of Removal was untimely, has asked the court to extend grace and overlook the untimely removal, but has not provided any legal justification for such action. (Dkt. No. #7 .) Therefore, the Notice of Removal being untimely, the court must remand the case to state court. See Abbo-Bradley v. City of Niagara Falls, 73 F.4th 143, 146 (2d Cir. 2023) ("No matter the grounds for removal... a notice of removal must follow the timeliness requirements Congress set forth in 28 U.S.C. 1446... [;] [i]f a notice of removal is untimely, the case must be remanded to the state court."); Izquierdo v. 34th St. Diner Inc., No. 21 CIV. 4799, 2022 WL 72303, at *1 (S.D.N.Y. Jan. 7, 2022) ("'[A]bsent a finding of waiver or estoppel, federal courts rigorously enforce the statute's thirty-day filing requirement.'") (citation omitted). Accordingly, it is ORDERED that this action is REMANDED to the New York State Supreme Court in Tompkins County for all further proceedings; and it is further ordered that the Clerk is directed to mail a certified copy of this Text Only Order to the Clerk of Supreme Court in Tompkins County and instruct her to file the Text Only Order in Potter v. Tompkins County et al., Index No. EF2023-0779; and it is further ORDERED that the Clerk close this case. IT IS SO ORDERED. Authorized by Senior Judge Gary L. Sharpe on 2/5/2024. (Copy sent to the Clerk of Supreme Court in Tompkins County with a docket sheet)(meb)
|
| Filing 7 LETTER BRIEF by Cayuga County. (Scolamiero, Peter) |
| Filing 6 Letter regarding representation for Tompkins County from Kevin Kelly, Esq. (Received via MFT on 1/26/2024) (meb) |
|
Filing 5
TEXT ONLY ORDER - On December 1, 2023, plaintiff Mark Potter commenced an action in New York State Supreme Court in Tompkins County against defendants Tompkins County and Cayuga County. (Dkt. No. 2.) According to the notice of removal, Potter served the summons and complaint upon Cayuga County on or about December 11, 2023. (Dkt. No. 1 2.) On January 11, 2024, Cayuga County removed the action to this court, with the consent of Tompkins County, based on federal question jurisdiction pursuant to 28 U.S.C. 1331. (Id. 4, 5.) It appearing that the notice of removal was filed thirty-one (31) days after service of summons and complaint, removing defendant, Cayuga County is ORDERED to show cause, in writing by 12:00 P.M. on January 29, 2024, why the action should not be remanded to state court for failure to timely remove. See 28 U.S.C. 1446(b). A response by Potter, if any, shall be filed by 12:00 P.M. on February 1, 2024. IT IS SO ORDERED. Issued by Senior Judge Gary L. Sharpe on 1/22/2024. (jel, )
|
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Party Tompkins County; Attorney Kevin Kelly, Esq., Email address is kevin@flxlaw.com. Phone number is (607)379-6311. Admissions due by 1/26/2024. (Served via email)(meb) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 2/26/2024 at 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 2/20/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (meb) |
| Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal filed by Plaintiff(s) in Tompkins County Supreme Court. (meb) |
| Filing 1 NOTICE OF REMOVAL from Tompkins County Supreme Court, case number EF2023-0779 (Filing fee $405 receipt number ANYNDC-6576001) filed by Cayuga County. (Attachments: #1 Civil Cover Sheet, #2 State Court Summons and Complaint)(meb) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
