Lonergan v. Crisdel Group, Inc. et al
| William Lonergan |
| Kiewit Infrastructure Co. and Crisdel Group, Inc. |
| 1:2021cv02374 |
| March 18, 2021 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| P.I.: Other |
| 28 U.S.C. ยง 1446 nr |
| Defendant |
Docket Report
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| Document Text |
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| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kiewit Infrastructure Co...(Thompson, Frank) |
| Filing 12 ANSWER to Complaint (Notice of Removal) with JURY DEMAND., CROSSCLAIM against Kiewit Infrastructure Co.. Document filed by Crisdel Group, Inc...(Orcel, Anthony) |
| Filing 11 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Crisdel Group, Inc...(Orcel, Anthony) |
| Filing 10 NOTICE OF APPEARANCE by Anthony Orcel on behalf of Crisdel Group, Inc...(Orcel, Anthony) |
| Filing 9 NOTICE OF APPEARANCE by Orin J. Cohen on behalf of William Lonergan..(Cohen, Orin) |
| Filing 8 NOTICE OF APPEARANCE by Frank Delano Thompson on behalf of Kiewit Infrastructure Co...(Thompson, Frank) |
| Filing 7 FINANCIAL AFFIDAVIT. Document filed by Crisdel Group, Inc...(Orcel, Anthony) |
| Filing 6 AFFIDAVIT OF SERVICE of Notice of Removal served on Kiewit Infrastructure Co. on March 19, 2021. Service was made by Mail. Document filed by Crisdel Group, Inc...(Orcel, Anthony) |
Filing 5
ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. 1. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, May 24, 2021 at 11:00 a.m. Principal trial counsel shall appear at this and all subsequent conferences, as further set forth. 6. Due to the COVID-19 pandemic, conferences with the Court in civil cases will be held by teleconferencing until further notice. For initial pretrial conferences, plaintiff(s)' counsel shall, no later than 5 business days before the conference, email a copy of the agreed upon (or disputed) Civil Case Management Plan & Scheduling Order to: castelnysdchambers@nysd.uscourts.gov. The call-in information for all teleconferences is: Dial-in: (888) 363-4749 Access Code: 3667981. SO ORDERED. (Telephone Conference set for 5/24/2021 at 11:00 AM before Judge P. Kevin Castel. Initial Conference set for 5/24/2021 at 11:00 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/19/2021) (mml)
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| Filing 4 AFFIDAVIT OF SERVICE of Order served on Plaintiff on March 22, 2021. Service was made by Mail. Document filed by Crisdel Group, Inc...(Orcel, Anthony) |
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Filing 3
ORDER: The Court has the duty to examine whether it has subject matter jurisdiction over an action. This is an action originally brought in Supreme Court of the State of New York, New York County and removed to this Court by defendant Crisbel Group, Inc. ("Crisbel"). Section 1446(b)(2)(A) of title 28 provides that "When a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action." There is no indication that defendant Kiewit Infrastructure, Co, ("Kiewit") has joined in or consented to removal. This defect is waivable if not raised by plaintiff in a motion to remand with-in 30 days of the filing of the notice of removal. 28 U.S.C. 1447(c). Under the practice and procedure in New York Courts an ad damnum is not in-cluded in the complaint. It is customary for a defendant not to remove until the amount of plaintiff's damage demand is disclosed in a document served in the proceeding. The complaint describes the occurrence as a "trip and fall" and it is by no means intuitive that the amount in controversy exceeds the jurisdictional threshold of this Court which is an amount in excess of $75,000 exclusive of interest and costs. Within 15 days, defendant Crisbel shall submit an affidavit demonstrating that a factual basis for its belief that the amount in controversy exceeds the jurisdictional threshold of this Court. If the plaintiff wishes to challenge whether the jurisdictional threshold has been exceeded, it shall do so in a motion to remand filed within 30 days of the filing of the notice of removal. This Order shall be served by Crisbel electronically and by overnight courier on plaintiff's counsel and Kiewit by March 23, 2021. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/19/2021) (ks)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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..(gp) |
| Magistrate Judge Kevin Nathaniel Fox 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. (gp) |
| Case Designated ECF. (gp) |
| Filing 2 CIVIL COVER SHEET filed..(Orcel, Anthony) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 151158/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24272487).Document filed by Crisdel Group, Inc...(Orcel, Anthony) |
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