Perla v. Best Buy Stores, L.P.
| Bursztein Perla |
| Best Buy Stores, L.P |
| 1:2020cv00076 |
| January 6, 2020 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| P.I.: Other |
| 28 U.S.C. § 1332 ct |
| None |
Docket Report
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Filing 20
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (As further set forth in this Order.) The parties are free to withhold consent without negative consequences. (Signed by Judge Analisa Torres on 2/24/2020) (cf)
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Filing 19
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 4/2/2020 at 11:20 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 2/24/2020) (cf)
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Filing 18
ORDER: Accordingly, Plaintiff's motion to remand is DENIED. Plaintiff's motion for attorney's fees pursuant to 28 U.S.C. 1447(c) is also DENIED, because Defendants' removal was proper. The Court will issue a separate order scheduling an initial pretrial conference. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 2/24/2020) (cf)
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Filing 17
REPLY MEMORANDUM OF LAW in Support re: #10 First MOTION to Remand to State Court . Document filed by Bursztein Perla. (Healy, James)
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Filing 16
FIRST REPLY MEMORANDUM OF LAW in Opposition re: #10 First MOTION to Remand to State Court . Document filed by Best Buy Stores, L.P. (Attachments: #1 Affidavit)(Levine, Mitchell)
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Filing 15
DECLARATION of Mitchell B. Levine in Opposition re: #10 First MOTION to Remand to State Court . Document filed by Best Buy Stores, L.P. (Attachments: #1 Affidavit)(Levine, Mitchell)
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Filing 14
FIRST LETTER addressed to Judge Analisa Torres from Mitchell B. Levine dated 1/16/2020 re: Response to the court's inquiry of citizenship status of Best Buy Stores, L.P.. Document filed by Best Buy Stores, L.P.(Levine, Mitchell)
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Filing 13
ORDER: Plaintiff having filed a motion to remand the matter to state court, it is hereby ORDERED, pursuant to 28 U.S.C. 1447, that: 1. By January 21, 2020, Defendants shall file their opposition; and 2. By January 28, 2020, Defendant shall file her reply, if any. Because the "prerequisites to the exercise of jurisdiction...are conditions which must be met by the party who seeks the exercise of jurisdiction in his favor," Spring Mountain Partners, 2014 WL 12772235, at *3, it is further ORDERED that by January 21, 2020, Defendants shall file a letter identifying each limited or general partner of Best Buy Stores, L.P., and their citizenship. ( Responses due by 1/21/2020, Replies due by 1/28/2020.) (Signed by Judge Analisa Torres on 1/7/2020) (mro)
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Filing 12
CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:19-cv-05788. Original file certified copy of transfer order and docket entries received. (sjo)
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Case Designated ECF. (sjo)
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Magistrate Judge Katharine H. Parker 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sjo)
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NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
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Case transferred to the U.S. District Court, Southern District Of N.Y., per Electronic Order dtd. 12/11/2019. Original file sent Electronically via ECF. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE.. Ordered by Chief Judge Dora Lizette Irizarry on 12/11/2019. (Layne, Monique) [Transferred from New York Eastern on 1/6/2020.]
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ORDER granting #8 Motion to Amend/Correct/Supplement and TRANSFERRING CASE TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK - This case originally was filed in New York State Supreme Court, New York County and removed to this Court by defendant based on diversity jurisdiction pursuant to 28 U.S.C. 1332. Defendant now seeks to transfer this case to the U.S. District Court for the Southern District of New York ("SDNY") alleging that it was inadvertently remanded to this Court in error. As an initial matter, the motion should have been filed as a motion to transfer venue not as a motion to amend/correct/supplement. Second, to date, plaintiff has not responded to the motion as it is required to do by the Federal Rules of Civil Procedure and this Court's Local Rules. By letter filed November 22, 2019, defendant asserts that plaintiff has indicated that plaintiff does not object to the transfer of this case to SDNY. Plaintiff has not indicated otherwise. As such, the motion is deemed unopposed and consented to.This case action could have been brought in the SDNY as much of the underlying alleged conduct took place there. Accordingly, the Court finds it is in the interest of justice to transfer this action to the SDNY. See, 28 U.S.C. 1404(a) ("For the convenience of the parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.") Accordingly, the Clerk of the Court is directed to TRANSFER this case to the U.S. District Court for the Southern District of New York and to close this case. The Court defers to the transferee court a ruling on plaintiff's motion to remand to state court. SO ORDERED by Chief Judge Dora Lizette Irizarry on 12/11/2019. (Irizarry, Dora) [Transferred from New York Eastern on 1/6/2020.]
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Filing 11
Letter to transfer to SDNY by Best Buy Stores, L.P. (Levine, Mitchell) [Transferred from New York Eastern on 1/6/2020.]
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Filing 10
First MOTION to Remand to State Court by Bursztein Perla. (Attachments: #1 Declaration Declaration, #2 Memorandum in Support Memo of Law, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I) (Healy, James) [Transferred from New York Eastern on 1/6/2020.]
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Filing 9
NOTICE of Appearance by James Lee Healy on behalf of Bursztein Perla (aty to be noticed) (Healy, James) [Transferred from New York Eastern on 1/6/2020.]
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Filing 8
First MOTION to Amend/Correct/Supplement for an Order to transfer to SDNY by Best Buy Stores, L.P.. (Attachments: #1 Exhibit Notice of Removal, #2 Exhibit SDNY CIS, #3 Exhibit EDNY CIS) (Levine, Mitchell) [Transferred from New York Eastern on 1/6/2020.]
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Filing 7
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) [Transferred from New York Eastern on 1/6/2020.]
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Filing 6
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) [Transferred from New York Eastern on 1/6/2020.]
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Case Assigned to Chief Judge Dora Lizette Irizarry and Magistrate Judge Sanket J. Bulsara. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) [Transferred from New York Eastern on 1/6/2020.]
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Filing 5
Civil Cover Sheet.. by Best Buy Stores, L.P. (Levine, Mitchell) [Transferred from New York Eastern on 1/6/2020.]
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Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed EDNY Civil Cover Sheet. The Civil Cover Sheet that has been uploaded is an SDNY Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Davis, Kimberly) [Transferred from New York Eastern on 1/6/2020.]
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Filing 4
Corporate Disclosure Statement by Best Buy Stores, L.P. (Levine, Mitchell) [Transferred from New York Eastern on 1/6/2020.]
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Filing 3
Corporate Disclosure Statement by Best Buy Stores, L.P. (Levine, Mitchell) [Transferred from New York Eastern on 1/6/2020.]
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Filing 2
Civil Cover Sheet.. by Best Buy Stores, L.P. (Levine, Mitchell) [Transferred from New York Eastern on 1/6/2020.]
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Filing 1
NOTICE OF REMOVAL by All Defendants Best Buy Stores, L.P. and Best Buy Co., Inc. from Supreme New York County, case number 154914/2019. ( Filing fee $ 400 receipt number ANYEDC-11940440) (Attachments: #1 Exhibit S&C, #2 Exhibit Service of Process via CT Corp, #3 Exhibit Plaintiff Response to Combined Demands, #4 Exhibit NYS DOS, #5 Affidavit AOS to Notice of Removal) (Levine, Mitchell) [Transferred from New York Eastern on 1/6/2020.]
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| Plaintiff: Bursztein Perla | |
| Represented By: | James Lee Healy |
| Represented By: | Joseph F. Sullivan |
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| Defendant: Best Buy Stores, L.P | |
| Represented By: | Mitchell B. Levine |
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