Board of Manager of the 243 West 98 Condominium v. Goldberg
Plaintiff: BOARD OF MANAGERS OF THE 243 WEST 98 CONDOMINIUM and Board of Manager of the 243 West 98 Condominium
Defendant: Julie Ann Goldberg and John Doe #1 to John Doe #20
Case Number: 1:2021cv00518
Filed: January 20, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Valerie E Caproni
Nature of Suit: Real Property: Other
Cause of Action: 28:1332nr
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on February 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 23, 2021 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)
February 23, 2021 Opinion or Order 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 The Court rejects Defendant's explanation that it would have withdrawn its removal petition had Plaintiff identified pertinent case law in its initial letter.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.
February 22, 2021 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)
February 15, 2021 Opinion or Order 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)
February 12, 2021 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)
February 5, 2021 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)
January 27, 2021 Set/Reset Deadlines: Julie Ann Goldberg answer due 2/26/2021. (cf)
January 27, 2021 Opinion or Order 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).
January 26, 2021 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)
January 26, 2021 Filing 5 NOTICE OF APPEARANCE by William Andrew Jaskola on behalf of Board of Manager of the 243 West 98 Condominium..(Jaskola, William)
January 22, 2021 Opinion or Order 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)
January 22, 2021 Case Designated ECF. (dnh)
January 22, 2021 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)
January 22, 2021 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)
January 22, 2021 ***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)
January 22, 2021 ***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)
January 21, 2021 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)
January 21, 2021 ***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)
January 21, 2021 ***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)
January 20, 2021 Filing 2 CIVIL COVER SHEET filed..(Goldberg, Julie)
January 20, 2021 Filing 1 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)

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Defendant: Julie Ann Goldberg
Represented By: Julie A Goldberg
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Defendant: John Doe #1 to John Doe #20
Represented By: Julie A Goldberg
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Plaintiff: BOARD OF MANAGERS OF THE 243 WEST 98 CONDOMINIUM
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Plaintiff: Board of Manager of the 243 West 98 Condominium
Represented By: William Andrew Jaskola
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