Board of Manager of the 243 West 98 Condominium v. Goldberg
| BOARD OF MANAGERS OF THE 243 WEST 98 CONDOMINIUM and Board of Manager of the 243 West 98 Condominium |
| Julie Ann Goldberg and John Doe #1 to John Doe #20 |
| 1:2021cv00518 |
| January 20, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Real Property: Other |
| 28 U.S.C. § 1332 nr |
| Defendant |
Docket Report
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This docket was last retrieved on February 23, 2021. A more recent docket listing may be available from PACER.
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Filing 12
ORDER: IT IS HEREBY ORDERED THAT: Defendant's removal was untimely. Pursuant to 28 U.S.C. 1446(b)(1), this case is REMANDED to New York State Supreme Court. Plaintiff's request for attorneys' fees is GRANTED in part. Defendant's arguments were frivolous and legally unsupported. The Court rejects Defendant's explanation that it would have withdrawn its removal petition had Plaintiff identified pertinent case law in its initial letter. Dkt. 11 at 1. Defendant is responsible for failing to research controlling case law before filing a notice of removal. Nevertheless, the Court agrees that Plaintiff's request for $7,600.00 in attorneys' fees is excessive. The Court awards Plaintiff $2,500.00 in attorneys' fees, to be paid no later than March 31, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/23/2021) (ama) Transmission to Docket Assistant Clerk for processing.
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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 New York County. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1005 195 3 on 2/23/2021. (ama) |
| Filing 11 LETTER addressed to Judge Valerie E. Caproni from Julie A. Goldberg dated February 22, 2021 re: Plaintiff's Request for Attorneys' Fees. Document filed by Julie Ann Goldberg. (Attachments: #1 Exhibit Exhibit List).(Goldberg, Julie) |
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Filing 10
ORDER: IT IS HEREBY ORDERED: No later than February 22, 2021, Defendant is directed to respond to: (i) Plaintiff's request for attorneys' fees and (ii) the amount of attorneys' fees requested. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/15/2021) (ama)
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| Filing 9 LETTER addressed to Judge Valerie E. Caproni from William A. Jaskola dated February 12, 2021 re: Order to Show Cause regarding Remand - Response of Plaintiff. Document filed by Board of Manager of the 243 West 98 Condominium. (Attachments: #1 Exhibit Letter to Defendant dated January 22, 2021).(Jaskola, William) |
| Filing 8 BRIEF re: #4 Order,, Set Deadlines/Hearings, Defendant's Response to Courts January 22, 2021 Order Re: Removal. Document filed by Julie Ann Goldberg. (Attachments: #1 Exhibit Exhibit List).(Goldberg, Julie) |
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Filing 7
ORDER granting in part and denying in part #6 Letter Motion for Extension of Time. ENDORSEMENT: Application GRANTED in part. Defendant must answer or move against the complaint by February 26, 2021. Motions due by 2/26/2021. (Signed by Judge Valerie E. Caproni on 1/27/2021) (cf) Modified on 2/8/2021 (cf).
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| Set/Reset Deadlines: Julie Ann Goldberg answer due 2/26/2021. (cf) |
| Filing 6 FIRST LETTER MOTION for Extension of Time for Defendant to Respond to the Complaint addressed to Judge Valerie E. Caproni from Julie A. Goldberg dated January 26, 2021. Document filed by Julie Ann Goldberg. (Attachments: #1 Exhibit COVID-19 Tests, #2 Text of Proposed Order Proposed Order Re: Defendant's Request to Extend Time to Respond to the Complaint).(Goldberg, Julie) |
| Filing 5 NOTICE OF APPEARANCE by William Andrew Jaskola on behalf of Board of Manager of the 243 West 98 Condominium..(Jaskola, William) |
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Filing 4
ORDER: IT IS HEREBY ORDERED that no later than February 5, 2021, Defendant must file a letter showing cause why this case should not be remanded to New York State Supreme Court. Plaintiff's response is due by February 12, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/22/2021) (ama)
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Julie A Goldberg. The party information for the following party/parties has been modified: John Doe #1 to John Doe #20. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Julie A Goldberg. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (dnh) |
| Magistrate Judge Robert W. Lehrburger 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. (dnh) |
| Case Designated ECF. (dnh) |
| Filing 3 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 155924/2020..Document filed by Julie Ann Goldberg, John Doe #1 to John Doe #20. (Attachments: #1 Summons and Complaint, #2 Defendants Motion to Dismiss, #3 Plaintiffs Opposition to MTD, #4 Defendants Reply In Support of Motion to Dismiss, #5 Decision and Order on Motion to Dismiss, #6 Notice of Entry of Order on MTD, #7 STIPULATION - TIME TO ANSWER, #8 STIPULATION - BRIEFING SCHEDULE).(Goldberg, Julie) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Julie A Goldberg. The party information for the following party/parties has been modified: BOARD OF MANAGERS OF THE 243 WEST 98 CONDOMINIUM. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Julie A Goldberg to RE-FILE Document No. #1 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; all of the parties must be listed in the pleading caption. 'Et al' is not acceptable in the caption of the pleading. Notice of Removal exhibits must be labeled and filed as attachments to the notice of removal pursuant to ECF Filing Rule 13.3. Exhibits cannot be labeled Exhibit A, Exhibit B, etc.. 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 1/26/2021. (dnh) |
| Filing 2 CIVIL COVER SHEET filed..(Goldberg, Julie) |
| Filing 1 FILING ERROR - EXHIBITS NOT CLEARLY TITLED-NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 155924/2020. (Filing Fee $ 402.00, Receipt Number ANYSDC-23608853).Document filed by Julie Ann Goldberg. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Goldberg, Julie) Modified on 1/22/2021 (dnh). |
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