Pinedo-Coral v. Ryder Truck Rental, Inc. et al
| Rielmer Pinedo-Coral |
| Estevan Solivan and Ryder Truck Rental, Inc. |
| 1:2020cv01692 |
| February 26, 2020 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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Filing 11
ORDER denying #8 Motion to Remand. (Signed by Judge Lewis A. Kaplan on 3/25/2020) (Kaplan, Lewis)
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Filing 10
ORDER denying #4 Motion to Remand to State Court. (Signed by Judge Lewis A. Kaplan on 3/25/2020) (Kaplan, Lewis)
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| Filing 9 SECOND MEMORANDUM OF LAW in Support re: #8 SECOND MOTION to Remand Bronx Supreme Court. . Document filed by Rielmer Pinedo-Coral. (Attachments: #1 Exhibit Amended Notice of Removal, #2 Exhibit S&C, #3 Exhibit Stip to Cap Damages, #4 Exhibit Police Accident Report, #5 Exhibit Insurance Evaluation, #6 Exhibit Demand to Settle for $70,000, #7 Exhibit Formal Demand for Relief for $70,000).(Gjoni, Gencian) |
| Filing 8 SECOND MOTION to Remand Bronx Supreme Court. Document filed by Rielmer Pinedo-Coral..(Gjoni, Gencian) |
| Filing 7 AMENDED NOTICE OF REMOVAL against Rielmer Pinedo-Coral; amending #1 Notice of Removal, with JURY DEMAND.Document filed by Estevan Solivan, Ryder Truck Rental, Inc.. Related document: #1 Notice of Removal,. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Police Accident Report, #3 Exhibit Entity Information, #4 Exhibit Correspondence and Proposed Stipulation).(Perri, Carl) |
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Filing 6
ORDER: Jurisdiction is invoked pursuant to 28 U.S.C. 1332. The notice of removal fails adequately to allege the existence of subject matter jurisdiction because, perhaps among other things, it fails adequately to allege: The citizenship of one or more natural persons. See, e.g., Sun Printing & Publishing Ass 'n v. Edwards, 194 U.S. 377 (1904); Leveraged Leasing Administration Corp.v. PacifiCorp Capital, Inc., 87 F.3d 44 (2d Cir. 1996). Absent the filing, on or before_March 18, 2020, of an amended notice of removal adequately alleging the existence of subject matter jurisdiction, the action will be remanded. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/9/2020) (jca)
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| Filing 5 FIRST MEMORANDUM OF LAW in Support re: #4 FIRST MOTION to Remand to State Court Bronx Supreme Court. . Document filed by Rielmer Pinedo-Coral. (Attachments: #1 Exhibit A - Notice of Removal, #2 Exhibit B - Summons & Complaint, #3 Exhibit C - Stipulation of Damages, #4 Exhibit D - Police Report, #5 Exhibit E - Insurance Company's Valuation).(Gjoni, Gencian) |
| Filing 4 FIRST MOTION to Remand to State Court Bronx Supreme Court. Document filed by Rielmer Pinedo-Coral..(Gjoni, Gencian) |
| Filing 3 NOTICE OF APPEARANCE by Gencian Gjoni on behalf of Rielmer Pinedo-Coral..(Gjoni, Gencian) |
| NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Nelson Stephen Roman is no longer assigned to the case..(wb) |
| Magistrate Judge Sarah Netburn is so redesignated. (wb) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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..(pc) |
| Magistrate Judge Paul E. Davison 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 2 CIVIL COVER SHEET filed..(Perri, Carl) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 35282/2019E. (Filing Fee $ 400.00, Receipt Number ANYSDC-18927382).Document filed by Estevan Solivan, Ryder Truck Rental, Inc.. (Attachments: #1 Exhibit Summons and Verified Complaint, #2 Exhibit February 11, 2020 Correspondence and Proposed Stipulation).(Perri, Carl) |
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