Agbalenyo v. Evans et al
| Koami Agbalenyo |
| Kevin Jay Evans, Continental Logistic Services and Continental Logistics Services |
| 1:2021cv03034 |
| April 8, 2021 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Motor Vehicle |
| 28 U.S.C. § 1332 tm |
| Defendant |
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Filing 14
ORDER: It is hereby ORDERED that because this action was remanded and the case was closed, the Court does not have jurisdiction to address the parties' requests and motions. As instructed during calls to Chambers, to the extent Defendants believe it is appropriate to proceed in federal court they should file a Notice of Removal and seek to open a new case. (Signed by Judge Lorna G. Schofield on 5/25/2021) (nb)
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| Filing 13 NOTICE OF APPEARANCE by Howard Ira Trepp on behalf of Koami Agbalenyo..(Trepp, Howard) |
| Filing 12 AMENDED NOTICE OF REMOVAL against Koami Agbalenyo; amending #1 Notice of Removal,.Document filed by Continental Logistics Services, Kevin Jay Evans. Related document: #1 Notice of Removal,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Certificate of Service).(Fink, Ephraim) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ephraim J. Fink to RE-FILE Document No. #11 Amended Notice of Removal. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended 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. (jgo) |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED NOTICE OF REMOVAL against Continental Logistics Services, Kevin Jay Evans; amending #1 Notice of Removal,.Document filed by Continental Logistics Services, Kevin Jay Evans. Related document: #1 Notice of Removal,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Certification of Service).(Fink, Ephraim) Modified on 5/7/2021 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ephraim J. Fink to RE-FILE Document No. #10 Amended 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. Re-file the pleading using the event type Amended Complaint 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. (sj) |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - PDF ERROR AMENDED NOTICE OF REMOVAL against Continental Logistics Services, Kevin Jay Evans; amending #1 Notice of Removal,.Document filed by Continental Logistics Services, Kevin Jay Evans. Related document: #1 Notice of Removal. (Attachments: #1 Certificate of Service).(Fink, Ephraim) Modified on 5/5/2021 (sj). |
| Filing 9 CERTIFICATE OF SERVICE of Amended Notice of Removal and Exhibits served on Matthew Marchese, P.C. on 4/23/21. Document filed by Continental Logistics Services, Kevin Jay Evans..(Fink, Ephraim) |
| Filing 8 NOTICE of Amended Notice of Removal. Document filed by Continental Logistics Services, Kevin Jay Evans. (Attachments: #1 Exhibit Exh. A S&C and Affidavits of Service, #2 Exhibit Exh B Answer, #3 Exhibit Exh C Email re value of case, #4 Exhibit Exh D Order of SDNY, #5 Exhibit Exh E Continental Corp Cert of Good Standing, #6 Exhibit Exh F Kevin Evans Domestic LLC State of GA).(Fink, Ephraim) |
| Filing 7 LETTER addressed to Judge Lorna G. Schofield from Ephraim J. Fink, Esq. dated 04/15/2021 re: Response to Judge's Order of 4/14/21. Document filed by Continental Logistics Services, Kevin Jay Evans..(Fink, Ephraim) |
| 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 Bronx. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1005 543 1 on 4/15/2021. (cf) |
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Filing 6
ORDER: It is hereby ORDERED that the matter is summarily remanded to state court. Defendants' Notice of Removal is procedurally defective. Pursuant to section 1447(c), the Clerk of Court is respectfully directed to mail a certified copy of this Opinion and Order to the Supreme Court of the State of New York, Bronx County. The Clerk of Court is further directed to close the case. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/14/2021) (cf) Transmission to Docket Assistant Clerk for processing.
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| Magistrate Judge Stewart D. Aaron 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Philip M. Halpern is no longer assigned to the case. (laq) |
| Filing 5 NOTICE OF APPEARANCE by Ephraim J. Fink on behalf of Continental Logistics Services, Kevin Jay Evans..(Fink, Ephraim) |
| Filing 4 CIVIL COVER SHEET filed..(Moroknek, Harold) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Harold L. Moroknek to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Harold L. Moroknek. The party information for the following party/parties has been modified: Continental Logistic Services. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) |
| ***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Harold L. Moroknek. Civil Case Opening Fee of Due: for #1 Notice of Removal,. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 4/14/2021..(pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Harold L. Moroknek. The following case opening statistical information was erroneously selected/entered: County code Bronx;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| Civil Case Opening Fee Payment: for #1 Notice of Removal,. Filing fee $ 402.00, receipt number ANYSDC-24374114..(Moroknek, Harold) |
| Case Designated ECF. (pc) |
| Magistrate Judge Judith C. McCarthy 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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..(pc) |
| Filing 3 NOTICE OF APPEARANCE by Harold L. Moroknek on behalf of Continental Logistic Services, Kevin Jay Evans..(Moroknek, Harold) |
| Filing 2 CERTIFICATE OF SERVICE of Notice of Removal, Civil Cover Sheet and Notice of Filing of Removal to Federal Court served on Matthew Marchese, P.C. on 4/8/21. Document filed by Continental Logistic Services, Kevin Jay Evans..(Moroknek, Harold) |
| Filing 1 NOTICE OF REMOVAL from Supreme, County of Bronx. Case Number: 35885/2020E..Document filed by Continental Logistic Services, Kevin Jay Evans. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exh. A S&C, #3 Exhibit Exh. B E Filed Verified Answer).(Moroknek, Harold) |
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