Calise v. Rigs Trucking LLC et al
| BRIAN CALISE |
| JONATHAN TORRES CAMELO and RIGS TRUCKING LLC |
| 1:2019cv01962 |
| March 1, 2019 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| None |
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Filing 12
MEMO ENDORSEMENT on re: #11 Amended Notice of Removal, filed by Jonathan Torres Camelo, Rigs Trucking LLC. ENDORSEMENT: Denied. The Court lacks jurisdiction as the action has been remanded. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/2/2019) (jca)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Tomas Blaquera Lim to RE-FILE re: Document No. #11 Amended Notice of Removal,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; an Amended Notice of Removal was already filed and accepted on 3/29/2019; the first page of the PDF must be removed; if you are attempting to file a Second Amended Notice of Removal, title the PDF as such, and Court's leave will be required to file; Re-file the pleading using the event type Second Amended Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pne) |
| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of Bronx. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1ZE22E532210009741 on 4/2/2019. (jca) |
| Filing 11 AMENDED NOTICE OF REMOVAL against Brian Calise; amending #1 Notice of Removal,,,,.Document filed by Jonathan Torres Camelo, Rigs Trucking LLC. Related document: #1 Notice of Removal,,,,. (Attachments: #1 Affidavit Affidavit of Service, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D)(Lim, Tomas) |
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Filing 10
ORDER: This action was removed from the state court. By order dated March 20, 2019, the Court advised the parties that the removal papers failed adequately to allege subject matter jurisdiction and specifically pointed to a number of defects with citations to controlling authority. It made clear that the matter would be remanded absent the filing of an amended notice of removal sufficiently alleging subject matter jurisdiction. Defendants filed an amended notice of removal that cured a number of the defects identified in the March 20 order. It repeated, however, the failure to allege the citizenship of the individual defendant. Accordingly, the amended notice of removal fails adequately to allege subject matter jurisdiction. The action is remanded to the Supreme Court of the State of New York, Bronx County. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/1/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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| Filing 9 AMENDED NOTICE OF REMOVAL against Brian Calise; amending #1 Notice of Removal,,,,.Document filed by Jonathan Torres Camelo, Rigs Trucking LLC. Related document: #1 Notice of Removal,,,,. (Attachments: #1 Affidavit Affidavit of Service, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D)(Lim, Tomas) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Tomas Blaquera Lim to RE-FILE Document No. #8 Amended Notice of Removal,,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -AMENDED NOTICE OF REMOVAL against Jonathan Torres Camelo, Rigs Trucking LLC; amending #1 Notice of Removal,,,,.Document filed by Jonathan Torres Camelo, Rigs Trucking LLC. Related document: #1 Notice of Removal,,,,. (Attachments: #1 Affidavit Affidavit of Service, #2 Exhibit Summons and Complaint, #3 Exhibit Defendants' Answer and Demands, #4 Exhibit Affidavit, #5 Exhibit Statement of Damages Response)(Lim, Tomas) Modified on 3/29/2019 (pc). |
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Filing 7
ORDER: The order dated March 5, 2019 is vacated. This action was removed from the state court. The notice of removal and attached papersfail adequately to allege the existence of subject matter jurisdiction because, perhaps among other things, it fails adequately to allege: Limited liability companies are not corporations. Absent the filing, on or before April 1, 2019, of an amended notice of removal adequately alleging the existence of subject matter jurisdiction, the action will be dismissed or, if removed, remanded, and as further set forth in this Order. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/20/2019) (jca)
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| Filing 6 NOTICE OF APPEARANCE by Ryan Joseph Lawlor on behalf of Brian Calise. (Lawlor, Ryan) |
| Filing 5 FIRST LETTER addressed to Judge Lewis A. Kaplan from Tomas B. Lim dated March 5, 2019 re: Ecourt notice of March 5, 2019. Document filed by Jonathan Torres Camelo, Rigs Trucking LLC.(Lim, Tomas) |
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Filing 4
Vacated as per Judges Order dated 3/20/2019, Doc. # 7 ORDER: Absent the filing, on or before March 12, 2019, of an amended complaint adequately alleging the existence of subject matter jurisdiction, the action will be dismissed or, if removed, remanded, and as further set forth in this Order. SO ORDERED. (Amended Pleadings due by 3/12/2019.) (Signed by Judge Lewis A. Kaplan on 3/5/2019) (jca) Modified on 3/20/2019 (jca).
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| Filing 3 CIVIL COVER SHEET filed. (Lim, Tomas) |
| Filing 2 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Jonathan Torres Camelo, Rigs Trucking LLC.(Lim, Tomas) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Tomas Blaquera Lim. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Tomas Blaquera Lim to Document No. #1 Notice of Removal,,,,. The filing is deficient for the following reason(s): File the Rule 7.1 Corporate Disclosure Statement separately. The Rule 7.1 Corporate Disclosure Statement event can be found under Civil Events, Other Filings and then Other Documents. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Tomas Blaquera Lim to RE-FILE Document No. #1 Notice of Removal,,,,. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated June 2017; the event wrong event type was used to file the civil cover sheet; Multiple citizenship of principal parties for the defendant were selected. Choose one.;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pc) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Bronx. Case Number: 27926/2018E. (Filing Fee $ 400.00, Receipt Number ANYSDC-16428733).Document filed by JONATHAN TORRES CAMELO, RIGS TRUCKING LLC. (Attachments: #1 Supplement Verification, #2 Supplement Rule 7.1Statement, #3 Affidavit Affidavit of Service, #4 Exhibit Exhibit A - Summons and Complaint, #5 Exhibit Exhibit B - Answer and Discovery Demands, #6 Exhibit Exhibit C - Affidavit, #7 Exhibit Exhibit D - Verified BP with Statement of Damages, #8 Civil Cover Sheet Civil Cover Sheet, #9 Supplement Index of State Court Documents, #10 Exhibit Exhibit 1 - Summons and Complaint, #11 Exhibit Affidavit of Service - Jonathan Torres Camelo, #12 Exhibit Affidavit of Service Rigs Trucking LLC, #13 Exhibit Exhibit 4 - Stipulation Extending Time, #14 Exhibit Defendants Verified Answer, #15 Exhibit Exhibit 6 - Affidavit of Service for Defendants Verified Answer, #16 Exhibit Plaintiff's Preliminary Conf Request, #17 Exhibit Plaintiff's Request for Judicial Intervention, #18 Exhibit Defendants correspondence to court regarding liquidation)(Lim, Tomas) |
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