Ferran v. Hoyos Aliff
| Robert Ferran |
| Hector Hoyos Aliff |
| 1:2019cv09455 |
| October 12, 2019 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Contract: Other |
| 28 U.S.C. ยง 1332 bc |
| None |
Docket Report
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This docket was last retrieved on November 8, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 7
ORDER: The Court has been informed that the parties have reached a settlement in principle of this case. Accordingly, it is hereby ORDERED that this action is DISMISSED without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within ninety days. All filing deadlines and conference dates are adjourned sine die. SO ORDERED. (Signed by Judge J. Paul Oetken on 11/8/2019) (js)
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| Filing 6 JOINT LETTER MOTION to Stay addressed to Judge J. Paul Oetken from John A. Basinger dated November 7, 2019. Document filed by Hector Hoyos Aliff.(Basinger, John) |
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Filing 5
ORDER: This case was removed from state court on October 21, 2019. (Dkt. No. 1.) In state court, Plaintiff filed a Motion for Summary Judgment in Lieu of Complaint. (Id.) It is not apparent from the Notice of Removal whether Defendant filed an opposition to that motion in state court. Federal Rule of Civil Procedure 81(c)(2) provides that a defendant who did not respond to the initial pleading must do so 21 days after receiving either the initial pleading or summons, or 7 days after the notice of removal is filed. In this case, the longest of those periods is 7 days after the notice of removal, which elapsed on October 28, 2019. Accordingly, Defendant is hereby ordered to respond to Plaintiffs Motion for Summary Judgment in Lieu of Complaint on or before November 14, 2019. If Defendant fails to do so, Plaintiffs motion may be considered unopposed. SO ORDERED. (Responses due by 11/14/2019) (Signed by Judge J. Paul Oetken on 11/7/2019) (js)
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| Filing 4 NOTICE OF APPEARANCE by Brett S Theisen on behalf of Robert Ferran. (Theisen, Brett) |
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Filing 3
ORDER: This case was removed from New York Supreme Court, New York County, on October 12, 2019. Counsel for the plaintiff is directed to file an appearance with this Court no later than November 5, 2019. Counsel for the defendant shall serve a copy of this order on counsel for the plaintiff by October 29, 2019. SO ORDERED (Signed by Judge J. Paul Oetken on 10/15/2019) (js)
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| Filing 2 CIVIL COVER SHEET filed. (Basinger, John) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney John Albert Basinger. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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) |
| Magistrate Judge Sarah L. Cave 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) |
| Case Designated ECF. (pne) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 653752/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-17764615).Document filed by Hector Hoyos Aliff. (Attachments: #1 Exhibit 1 part 1, #2 Exhibit 1 part 2)(Basinger, John) |
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| Plaintiff: Robert Ferran | |
| Represented By: | Brett S Theisen |
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| Defendant: Hector Hoyos Aliff | |
| Represented By: | John Albert Basinger |
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