Tatas v. Ali Baba's Terrace Inc. et al
| Mehmet Emin Tatas |
| Ali Riza Dogan and Ali Baba's Terrace Inc. |
| 1:2021cv00596 |
| January 22, 2021 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 |
| Plaintiff |
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Filing 17
ORDER: Plaintiff's motion to voluntarily dismiss this action in GRANTED. This dismissal will be with prejudice. The Clerk of Court is respectfully directed to close this case. The case conference scheduled for March 4, 2021 is hereby canceled. (Signed by Judge Edgardo Ramos on 3/1/2021) (mro)
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| Filing 16 LETTER addressed to Judge Edgardo Ramos from M. Tatas, dated 2/25/21 re: I am writing to request that the Court voluntarily dismiss this case without prejudice in its entirety in Federal Court and be entitled to ask for permission to file a motion to remand the case to the State Court due to the lack of subject matter jurisdiction. Because defamation arises under state law and both parties are residing in the same state, there is no reason to bring this case to the Federal Court. Document filed by Mehmet Emin Tatas.(sc) |
| Filing 15 LETTER addressed to Judge Edgardo Ramos from Diane Krebs dated February 24, 2021 re: Defamation. Document filed by Ali Baba's Terrace Inc., Ali Riza Dogan..(Krebs, Diane) |
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Filing 14
ORDER: Plaintiff's request to withdraw his 1983 claim is GRANTED. However, if Plaintiff amends this action to bring a defamation claim instead, this Court would likely have no jurisdiction over the action. Defamation arises under state law and the Court would be without a federal cause of action that could provide a basis for supplemental jurisdiction over any defamation claim. Cf. Briarpatch Ltd., L.P. v. Phoenix Pictures, Inc., 373 F.3d 296, 308 (2d Cir. 2004) (Courts have supplemental jurisdiction over state law claims when they are so related to a federal question that they form part of the same case or controversy). Thus, given Plaintiff's desire to withdraw his sole 1983 claim, Plaintiff has two options. He may: Voluntarily dismiss this case in its entirety, without prejudice to file a defamation suit in state court if he chooses; or Show cause in writing, by no later than February 26, 2021, as to why his proposed amended complaint would not be futile because the Court would lack jurisdiction over it. If he does so, Defendants may reply to his submission by March 3, 2021 by 5:00 pm. If Plaintiff does not voluntarily dismiss this case, the conference currently scheduled for March 4 will remain on the calendar to discuss the parties' submissions. Finally, given Plaintiff's withdrawal of the 1983 claim, Defendants' anticipated motion to dismiss (currently due March 1, 2021) is now moot. In the event another complaint is filed in this case, Defendants may renew their request to file a motion to dismiss according to this Court's individual practices. (Signed by Judge Edgardo Ramos on 2/22/2021) (mro)
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| Filing 13 LETTER addressed to Judge Edgardo Ramos from M. Tatas, dated 2/17/21 re: I would like to withdraw the Section 1983 and malicious prosecution claims and request to file an amended to leave the defamation as the only claim to proceed on this case, because the plaintiff does not have legal knowledge and was confused about the appropriate statutes to bring the claims under.. Document filed by Mehmet Emin Tatas.(sc) |
| Filing 12 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Mehmet E. Tatas consents to receive electronic service via the ECF system. Document filed by Mehmet Emin Tatas..(sc) |
| Filing 11 AFFIDAVIT OF SERVICE of Summons & Complaint and exhibits; served on Al Riza Dogan on 1/5/21. Service was accepted by Ali Riza Dogan. Document filed by Mehmet Emin Tatas. (sc) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons & Complaint; served on Ali Baba's Terrace Inc. on 1/5/21. Service was accepted by Ali Riza Dogan, Managing Agent. Document filed by Mehmet Emin Tatas. (sc) |
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Filing 9
ORDER granting #8 Letter Motion for Conference. A telephonic pre-motion conference will be held on March 4, 2021 at 2:00 p.m. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. Plaintiff is directed to respond by February 25, 2021. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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| Mailed a copy of 9 Order on Motion for Conference to Mehmet Emin Tatas at 43 Vine Street Lynbrook, NY 11563. (jar) |
| Filing 8 LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Diane Krebs dated February 9, 2021. Document filed by Ali Baba's Terrace Inc., Ali Riza Dogan..(Krebs, Diane) |
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Filing 7
ORDER terminating #6 Letter Motion for Conference. The pre-motion conference is waived. Defendants are granted leave to file a motion to dismiss with the following briefing schedule: moving papers due March 1, 2021; plaintiff's opposition due April 1, 2021; and reply due April 15, 2021. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) Copies of Notice of Electronic Filing Mailed By Chambers. (jar)
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| Filing 6 LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Diane Krebs dated January 29, 2021. Document filed by Ali Baba's Terrace Inc., Ali Riza Dogan..(Krebs, Diane) |
| Filing 5 NOTICE OF APPEARANCE by Heather Hulkower on behalf of Ali Baba's Terrace Inc., Ali Riza Dogan..(Hulkower, Heather) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-10595-ER. Notice of Assignment to follow. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Unassigned is no longer assigned to the case. (laq) |
| Magistrate Judge James L. Cott 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. (laq) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) |
| Case Designated ECF. (pc) |
| CASE REFERRED TO Judge Edgardo Ramos as possibly related to 19cv10595. (pc) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ali Baba's Terrace Inc...(Krebs, Diane) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-10595. Document filed by Ali Baba's Terrace Inc., Ali Riza Dogan..(Krebs, Diane) |
| Filing 2 CIVIL COVER SHEET filed..(Krebs, Diane) |
| Filing 1 NOTICE OF REMOVAL from New York, County of New York. Case Number: 101138/2020. (Filing Fee $ 402.00, Receipt Number ANYSDC-23645374).Document filed by Ali Riza Dogan, Ali Baba's Terrace Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B).(Krebs, Diane) |
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