Sample v. The American National Red Cross et al
| Sharonda Sample |
| The American National Red Cross, Servicemaster Professional Cleaning Services and American Red Cross in Greater New York |
| 1:2021cv02005 |
| March 8, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Both |
Docket Report
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Filing 15
ORDER. Whether or not the removal was procedurally proper an issue on which the Court intimates no view the Court concludes that Plaintiff has forfeited anyargument for remand. Put differently, assuming arguendo that the Court even has authority to remand sua sponte, see Mitskovski v. Buffalo & Fort Erie Pub. Bridge Auth., 435 F.3d 127, 132 (2d Cir. 2006) (noting that a district court lacks authority to remand sua sponte more than 30 days after removal (on grounds other than lack of subject matter jurisdiction) (citing Hamilton v. Aetna Life & Cas. Co., 5 F.3d 642, 644 (2d Cir. 1993) (per curiam))), it declines to do so. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/5/21) (yv)
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Filing 14
LETTER addressed to Judge Jesse M. Furman from J. Gregory Lahr dated April 23, 2021 re: Court's Order to Show Cause, dated April 16, 2021. Document filed by American Red Cross in Greater New York, The American National Red Cross. (Attachments: #1 Exhibit A-Declaration).(Lahr, J.)
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Filing 13
ORDER TO SHOW CAUSE: Accordingly, it is hereby ORDERED that the American National Red Cross is to show cause in writing no later than April 23, 2021, why this case should not be remanded to the New York Supreme Court. Plaintiff may filed a response by April 30, 2021. If the American National Red Cross does not respond to this Order by that date, the Court will remand this case without further notice to any party. (As further set forth in this Order.) Show Cause Response due by 4/30/2021. (Signed by Judge Jesse M. Furman on 4/16/2021) (cf)
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Filing 12
AFFIDAVIT OF SERVICE. Servicemaster Professional Cleaning Services served on 2/19/2021, answer due 3/12/2021. Service was accepted by Ahn "Smith". Service was made by Mail. Document filed by Sharonda Sample..(Wiener, Leonard)
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Filing 11
ANSWER to Complaint with JURY DEMAND. Document filed by American Red Cross in Greater New York, The American National Red Cross..(Lahr, J.)
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Filing 10
NOTICE OF APPEARANCE by Brian Yoon Kim on behalf of American Red Cross in Greater New York, The American National Red Cross..(Kim, Brian)
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Filing 9
CERTIFICATE OF SERVICE of Notice of Initial Pre-Trial Conference and Judge Furman's Individual Rules and Practices served on Sharonda Sample and Servicemaster Professional Cleaning Services on March 10, 2021. Service was made by Mail. Document filed by American Red Cross in Greater New York, The American National Red Cross..(Kim, Brian)
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Filing 8
DEMAND for Trial by Jury. Document filed by Sharonda Sample.(Wiener, Leonard)
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Filing 7
NOTICE OF APPEARANCE by Leonard Jack Wiener on behalf of Sharonda Sample..(Wiener, Leonard)
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Filing 6
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on June 16, 2021 at 4:15 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Within two business days of the date of this Order, Defendants who have appeared are directed to serve on Plaintiff a copy of this Order and of the Court's Individual Rules and Practices in Civil Cases, and to file proof of such service on the docket. Counsel for Plaintiff is directed to file a notice of appearance on the docket within two business days of such service. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://nysd.uscourts.gov/rules/ecf-related-instructions. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference.The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. SO ORDERED. ( Initial Conference set for 6/16/2021 at 04:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/9/21) (yv)
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Magistrate Judge Ona T. Wang 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. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(jgo)
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Case Designated ECF. (jgo)
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Filing 5
CERTIFICATE OF SERVICE of Notice of Removal with Exhibits A-B, Civil Cover Sheet and Corporate Disclosures Statements served on Sharonda Sample and Servicemaster Professional Cleaning Services on 03/08/2021. Service was made by U.S. Mail. Document filed by American Red Cross in Greater New York, The American National Red Cross..(Lahr, J.)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Red Cross in Greater New York..(Lahr, J.)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The American National Red Cross..(Lahr, J.)
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Filing 2
CIVIL COVER SHEET filed..(Lahr, J.)
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Filing 1
NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: Index No. 151094/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24221730).Document filed by American Red Cross in Greater New York, The American National Red Cross. (Attachments: #1 Exhibit A-Summons and Verified Complaint, #2 Exhibit B-Affidavits of Service).(Lahr, J.)
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