Boyd v. Tiburcio-Lora et al
Plaintiff: Terry J Boyd
Defendant: Javier Tiburcio-Lora and Metropolitan Foods Inc.
Case Number: 1:2021cv04075
Filed: May 6, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Valerie E Caproni
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332 nr
Jury Demanded By: Defendant
Docket Report

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

Date Filed Document Text
June 23, 2021 Opinion or Order 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. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z e22 e53 37 1005 367 5 on 6/24/2021..(rro)
June 23, 2021 Opinion or Order Filing 13 MEMORANDUM OPINION & ORDER re: #11 MOTION to Remand to State Court . filed by Terry J Boyd. For the forgoing reasons, Plaintiff's motion to remand is GRANTED. The Clerk of Court is respectfully directed to REMAND this case to the Supreme Court of the State of New York for New York County. The Clerk is further directed to terminate all open motions and to close this case. (Signed by Judge Valerie E. Caproni on 6/23/2021) (rro) Transmission to Docket Assistant Clerk for processing.
June 23, 2021 Opinion or Order Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Remand to State Court . . Document filed by Terry J Boyd. (Attachments: #1 Exhibit S&C, #2 Exhibit AOS, #3 Exhibit AOS, #4 Exhibit Combined Demands, #5 Exhibit Bill of Particulars, #6 Exhibit Notice of Removal).(Herbert, Jason)
June 23, 2021 Opinion or Order Filing 11 MOTION to Remand to State Court . Document filed by Terry J Boyd..(Herbert, Jason)
June 23, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Marcia Karen Raicus to RE-FILE Document #10 MOTION to Remand . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
June 2, 2021 Opinion or Order Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand . Document filed by Terry J Boyd. (Attachments: #1 Exhibit summons and complaint, #2 Exhibit affidavit of service on deft. Tiburcio-Lora, #3 Exhibit affidavit of service on deft. Metropolitan Foods, #4 Exhibit Defendants' Combined Demands, #5 Exhibit Plaintiff's Verified BP, #6 Exhibit Defendants' Notice of Remoal).(Raicus, Marcia) Modified on 6/23/2021 (ldi).
June 2, 2021 Opinion or Order Filing 9 LETTER RESPONSE to Motion addressed to Judge Valerie E. Caproni from marcia raicus dated June 2, 2021 re: #5 FIRST MOTION to Remand . MOTION to Remand to State Court . . Document filed by Terry J Boyd. (Attachments: #1 Exhibit motion to remand, #2 Exhibit docket report).(Raicus, Marcia)
June 2, 2021 Opinion or Order Filing 8 LETTER addressed to Judge Valerie E. Caproni from Marcia Raicus dated June 2, 2021 re: request for initial case management conference. Document filed by Terry J Boyd..(Raicus, Marcia)
June 1, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Marcia Karen Raicus to RE-FILE Document #5 FIRST MOTION to Remand . MOTION to Remand to State Court . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
May 26, 2021 Opinion or Order Filing 7 RESPONSE in Opposition to Motion re: #5 FIRST MOTION to Remand . MOTION to Remand to State Court . First. Document filed by Metropolitan Foods Inc., Javier Tiburcio-Lora. (Attachments: #1 Exhibit A, #2 Exhibit B).(Warren, Christopher)
May 13, 2021 Opinion or Order Filing 6 ORDER: IT IS HEREBY ORDERED that Defendants must respond to Plaintiff's motion not later than May 26, 2021. Defendants are no longer required to respond to the Court's order to show cause by May 17, 2021. Instead, Defendants' response to Plaintiff's motion must incorporate any information Defendants planned to include in response to the Court's order to show cause that would not otherwise be included in their opposition to Plaintiff's motion. Plaintiff may reply in further support of his motion to remand not later than June 2, 2021. SO ORDERED., ( Responses due by 5/26/2021, Replies due by 6/2/2021.) (Signed by Judge Valerie E. Caproni on 5/13/2021) (ama)
May 12, 2021 Opinion or Order Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Remand ., MOTION to Remand to State Court .( Return Date set for 6/1/2021 at 09:30 AM.) Document filed by Terry J Boyd. (Attachments: #1 Exhibit summons and complaint, #2 Exhibit affidavit of service on deft. Tiburcio-Lora, #3 Exhibit affidavit of service on deft. Metropolitan Foods, #4 Exhibit Defendants' Combined Demands, #5 Exhibit Plaintiff's Verified BP, #6 Exhibit Defendants' Notice of Remoal).(Raicus, Marcia) Modified on 6/1/2021 (ldi).
May 10, 2021 Opinion or Order Filing 4 ORDER: IT IS HEREBY ORDERED that not later than May 17, 2021, Defendants must show cause why their removal of this action to federal court was timely pursuant to 28 U.S.C. 1446. Plaintiff may respond to Defendants' submission not later than May 24, 2021. SO ORDERED. Show Cause Response due by 5/17/2021. (Signed by Judge Valerie E. Caproni on 5/10/2021) (ama)
May 7, 2021 Opinion or Order Filing 3 CIVIL COVER SHEET filed..(Warren, Christopher)
May 7, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Christopher Ulysses Warren. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)
May 7, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher Ulysses Warren. The party information for the following party/parties has been modified: Metropolitan Foods Inc., Javier Tiburcio-Lora, Terry J Boyd. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc)
May 7, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher Ulysses Warren. The following case opening statistical information was erroneously selected/entered: Dollar Demand $10,000,000,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank; the County code has been modified to XX Out of State;. (pc)
May 7, 2021 Opinion or Order Magistrate Judge Sarah L. Cave 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)
May 7, 2021 Opinion or Order Case Designated ECF. (pc)
May 7, 2021 Opinion or Order 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..(pc)
May 6, 2021 Opinion or Order Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Metropolitan Foods Inc...(Warren, Christopher)
May 6, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL from Supreme Court of New York, County of New York. Case Number: 158659/2020. (Filing Fee $ 402.00, Receipt Number ANYSDC-24503783).Document filed by Metropolitan Foods Inc., Javier Tiburcio-Lora. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G).(Warren, Christopher)

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Defendant: Javier Tiburcio-Lora
Represented By: Christopher Ulysses Warren
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Defendant: Metropolitan Foods Inc.
Represented By: Christopher Ulysses Warren
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Plaintiff: Terry J Boyd
Represented By: Jason Todd Herbert
Represented By: Marcia Karen Raicus
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