Rosario v. International Auto Mall & Leasing Center, Inc.

Justia Dockets & Filings Second Circuit New York Southern District Rosario v. International Auto Mall & Leasing Center, Inc.

Rosario v. International Auto Mall & Leasing Center, Inc.

Plaintiff:	Jose Rosario
Defendant:	International Auto Mall & Leasing Center, Inc.
Case Number:	1:2012cv04059
Filed:	May 22, 2012
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Debra C. Freeman
Presiding Judge:	Andrew L. Carter
Nature of Suit:	Truth in Lending
Cause of Action:	15 U.S.C. § 1601
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 19, 2013	Filing 17 OPINION AND ORDER: Because International's is a permissive counterclaim, has no independent basis for federal jurisdiction and this Court declines to exercise supplemental jurisdiction, there is no subject matter jurisdiction and it is barred fr om being litigated in federal court. For the reasons discussed herein, Plaintiff's motion to dismiss the counterclaim is Granted and Defendant's counterclaim is dismissed without prejudice to allow repleading, if desired, in the appropriate state court. re: 6 MOTION to Dismiss Defendant's Counterclaim and Memorandum in Support filed by Jose Rosario. (Signed by Judge Andrew L. Carter, Jr on 3/19/2013) (sac)

Date Filed

Document Text

March 19, 2013

Filing 17 OPINION AND ORDER: Because International's is a permissive counterclaim, has no independent basis for federal jurisdiction and this Court declines to exercise supplemental jurisdiction, there is no subject matter jurisdiction and it is barred fr om being litigated in federal court. For the reasons discussed herein, Plaintiff's motion to dismiss the counterclaim is Granted and Defendant's counterclaim is dismissed without prejudice to allow repleading, if desired, in the appropriate state court. re: 6 MOTION to Dismiss Defendant's Counterclaim and Memorandum in Support filed by Jose Rosario. (Signed by Judge Andrew L. Carter, Jr on 3/19/2013) (sac)

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Plaintiff: Jose Rosario
Represented By:	Dennis Robert Kurz
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Defendant: International Auto Mall & Leasing Center, Inc.
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