Bliss et al v. Royben, LLC et al
| Paul S Bliss, Catherine A. Bliss and Paul S. Bliss |
| CURRY GIRLS 6, LLC and ROYBEN, LLC |
| 1:2019cv06359 |
| July 9, 2019 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1391 |
| None |
Docket Report
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This docket was last retrieved on August 16, 2019. A more recent docket listing may be available from PACER.
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| 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 Dutchess. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Ze22E532210025723 on 8/19/2019. (jca) |
Filing 15
MEMO ENDORSEMENT terminating #10 Motion for Reargument ; terminating #10 Motion to Remand; granting #10 Motion to Remand to State Court; granting #11 Motion to Remand to State Court; granting #12 Motion to Remand to State Court. ENDORSEMENT: On July 10, 2019, Defendant Curry Girls 6, LLC ("Curry Girls") filed a noticeof removal from the New York Supreme Court, County of Dutchess pursuant to 28U.S.C. 1441 and 1332. (Dkt. #2). On August 7, 2019, Plaintiffs filed amotion to remand the case back to New York Supreme Court, as Defendant CurryGirls is a citizen of the state of New York, and therefore, is prohibited fromremoving a case based on diversity that was filed in New York. (Dkt. #10-12(citing the forum defendant rule provided in 28 U.S.C. 1441(b)(2)). TheCourt ordered Defendants to respond, and on August 13, 2019, Defendant CurryGirls consented to remand.Accordingly, in the absence of objection, Plaintiff's motion to remand isGRANTED. The Clerk of Court is directed to terminate the motions at docketentries 10, 11, and 12, adjourn all remaining dates, and remand this case toNew York Supreme Court, Dutchess County. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/16/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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| Filing 14 CONSENT LETTER addressed to Judge Katherine Polk Failla from George P. McKeegan, Esq. dated August 13, 2019 re: Def's consent to remand case to NYS Supreme Court, Dutchess County. Document filed by Curry Girls 6, LLC.(McKeegan, George) |
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Filing 13
ORDER: On July 10, 2019, Defendant Curry Girls 6, LLC ("Curry Girls") filed a notice of removal from the New York Supreme Court, County of Duchess pursuant to 28 U.S.C. 1441 and 1332. (Dkt. #2). On August 7, 2019, Plaintiffs filed a motion to remand the case back to New York Supreme Court, as Defendant Curry Girls is a citizen of the state of New York, and therefore, is prohibited from removing a case based on diversity that was filed in New York. (Dkt. #10-12 (citing the forum defendant rule provided in 28 U.S.C. 1441(b)(2)). Accordingly, Defendants are hereby ORDERED to provide a letter on or before August 16, 2019, in which they state whether they consent to remand or provide a basis for the Court's jurisdiction in this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/8/2019) (rro)
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| Filing 12 MOTION to Remand to State Court . Document filed by Paul S. Bliss.(Graziane, Elizabeth) |
| Filing 11 MOTION to Remand to State Court . Document filed by Paul S. Bliss.(Graziane, Elizabeth) |
| Filing 10 MOTION for Reargument ., MOTION to Remand ., MOTION to Remand to State Court . Document filed by Paul S. Bliss. (Attachments: #1 Affidavit Affirmation in Support, #2 Exhibit Exhibit A Summons and Complaint, #3 Exhibit Exhibit B Affidavit of Service on Royben, #4 Exhibit Exhibit C Affidavit of Service on Curry, #5 Exhibit Exhibit D DOS Receipt on Royben, #6 Exhibit Exhibit E DOS Receipt on Curry, #7 Exhibit Exhibit F Royben Answer, #8 Exhibit Exhibit G Stipulation to Extend Time to Answer, #9 Exhibit Exhibit H Stipulation to Extend Time to Answer, #10 Exhibit Exhibit I Notice of Removal State Court Action, #11 Exhibit Exhibit J Notice of Removal 28 U.S.C. 1441 and 1332 filed in Federal Court, #12 Exhibit Exhibit K Curry Answer)(Graziane, Elizabeth) |
| Filing 9 AFFIDAVIT OF SERVICE of notice of appearance served on defendants on 08/07/2019. Service was made by mail. Document filed by Paul S. Bliss. (Attachments: #1 Supplement Notice of Appearance)(Graziane, Elizabeth) |
| Filing 8 NOTICE OF APPEARANCE by Elizabeth A. Graziane on behalf of Paul S. Bliss. (Graziane, Elizabeth) |
| Filing 7 NOTICE OF APPEARANCE by Joshua David Lindy on behalf of Royben, LLC. (Lindy, Joshua) |
| Filing 6 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/12/2019 at 02:30 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 7/22/2019) (rro) |
| Filing 5 ANSWER to Complaint., CROSSCLAIM against Royben, LLC. Document filed by Curry Girls 6, LLC. (Attachments: #1 Affidavit of Mailing)(McKeegan, George) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Curry Girls 6, LLC. (Attachments: #1 Affidavit Affidavit of Mailing)(McKeegan, George) |
| Filing 3 CIVIL COVER SHEET filed. (McKeegan, George) |
| Filing 2 NOTICE OF REMOVAL from Supreme, County of Dutchess. Case Number: 2019-51406..Document filed by Curry Girls 6, LLC. (Attachments: #1 Exhibit "A" Summons & Complaint, #2 Exhibit "B" Answer)(McKeegan, George) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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. (pne) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney George Phillip McKeegan. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pne) |
| Magistrate Judge Henry B. Pitman 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. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney George Phillip McKeegan. The party information for the following party/parties has been modified: Royben, LLC, Curry Girls 6, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney George Phillip McKeegan to RE-FILE Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): As per Rule 13.3, Each attachment to the pleading must be clearly titled in the ECF entry so the subject of the exhibit is clear. Re-file the pleading using the event type 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. ***DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS*** (pne) |
| Filing 1 FILING ERROR - EXHIBITS NOT CLEARLY TITLED - NOTICE OF REMOVAL from Supreme, County of Dutchess. Case Number: 2019-51406. (Filing Fee $ 400.00, Receipt Number ANYSDC-17213955).Document filed by CURRY GIRLS 6, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(McKeegan, George) Modified on 7/10/2019 (pne). |
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