Gibson v. 526 West 158th Street HDFC et al
| Catherine Gibson |
| 526 West 158th Street HDFC, Jose Castillo, Maria Castillo and John Doe 1-4 |
| 1:2021cv07042 |
| August 20, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Civil Rights: Accommodations |
| 28 U.S.C. § 1441 hd |
| None |
Docket Report
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This docket was last retrieved on October 19, 2021. A more recent docket listing may be available from PACER.
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Filing 17
REPLY to Response to Motion re: #6 MOTION to Remand to State Court. . Document filed by Catherine Gibson..(Gibson, Catherine )
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Filing 16
MEMORANDUM OF LAW in Opposition re: #6 MOTION to Remand to State Court., #8 SUPPLEMENTAL MOTION to Remand to State Court ., #10 SUPPLEMENTAL MOTION to Remand to State Court Second. . Document filed by 526 West 158th Street HDFC, John Doe 1-4..(Bobker, Moshe)
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Filing 15
ANSWER to Complaint (Notice of Removal). Document filed by 526 West 158th Street HDFC, John Doe 1-4..(Bobker, Moshe)
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Filing 14
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 526 West 158th Street HDFC..(Bobker, Moshe)
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Filing 13
ORDER: Defendants are directed to address Plaintiff's Second Supplemental Motion to Remand in their single, consolidated response due August 31, 2021. (Because Plaintiff's Second Supplemental Motion does not raise any new issues, there is no basis for the extension of time to respond that Defendants seek. See ECF No. 11.) That said, unless and until the Court orders otherwise, Plaintiff may not file any further motions or other filings until after Defendants file their response to Plaintiff's first three motions, at which time Plaintiff may file a single reply in accordance with the Court's August 24, 2021 Order. (Responses due by 8/31/2021) (Signed by Judge Jesse M. Furman on 8/26/2021) (rro)
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Filing 12
LETTER addressed to Judge Jesse M. Furman from Catherine Gibson dated 8/26/2021 re: Response to Defendant August 26, 2021 Letter. Document filed by Catherine Gibson..(Gibson, Catherine )
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Filing 11
LETTER addressed to Judge Jesse M. Furman from Moshe C. Bobker dated August 26, 2021 re: Plaintiff's Supplemental Briefing. Document filed by 526 West 158th Street HDFC, John Doe 1-4..(Bobker, Moshe)
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Filing 10
SUPPLEMENTAL MOTION to Remand to State Court Second. Document filed by Catherine Gibson. (Attachments: #1 Exhibit A).(Gibson, Catherine )
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Filing 9
ORDER: On August 20, 2021, this action was removed from the Supreme Court of New York, New York County. See ECF No. 1 ("Notice of Removal"). On August 23, 2021, Plaintiff filed an "Emergency" Motion to Remand to State Court, arguing, among other things, that Defendants Jose Castillo and Maria Castillo did not consent to removal as required by 28 U.S.C. 1446(a)(2)(A). See ECF No. 6 ("Pl.'s Mot.") On August 24, 2021, Plaintiff filed a Supplemental Motion to Remand to State Court. See ECF No. 8. ("Pl.'s Supp. Mot."). Defendants shall file a single, consolidated response to Plaintiff's motions to remand no later than August 31, 2021. They should respond, in particular, to Plaintiff's argument that the Notice of Removal does not satisfy the rule of unanimity. See Pl.'s Mot. 9; see also, e.g., Commonwealth Advisors Inc. v. Wells Fargo Bank, Nat'l Ass'n, No. 15-CV-7834 (JMF), 2016 WL 3542462, at *3 (S.D.N.Y. June 23, 2016) (discussing the rule of unanimity, which provides that "[i]f any defendant does not consent to removal within the [statutory thirty-day period], the plaintiff's decision to bring his action in a state forum will trump and removal will fail"). Plaintiff may file any reply within one week of the filing of Defendant's response. If Defendants fail to file anything by August 31, 2021, the Court will remand this action to the Supreme Court of New York, New York County, without further notice to either party. SO ORDERED. ( Responses due by 8/31/2021) (Signed by Judge Jesse M. Furman on 8/24/2021) (vfr)
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Filing 8
SUPPLEMENTAL MOTION to Remand to State Court . Document filed by Catherine Gibson. (Attachments: #1 Exhibit A, #2 Exhibit B).(Gibson, Catherine )
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Filing 7
MEMO ENDORSEMENT granting #5 Motion for Permission for Electronic Case Filing. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to terminate ECF No. 5. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/24/2021) (vfr)
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Filing 6
PLAINTIFF'S EMERGENCY MOTION TO REMAND, re: to Remand to State Court. Document filed by Catherine Gibson. (Attachments: #1 Exhibit, #2 Exhibit)(sc)
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Filing 5
MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING, re: for Permission for Catherine Gibson to participate in electronic case filing in this case. Document filed by Catherine Gibson.(sc)
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Filing 3
CIVIL COVER SHEET filed..(Bobker, Moshe)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Moshe Chaim Bobker to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple jurisdictions were selected. Choose one. (pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Moshe Chaim Bobker. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc)
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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..(pc)
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Case Designated ECF. (pc)
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PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Catherine Gibson consents to receive electronic service via the ECF system. Document filed by Catherine Gibson.(sc)
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Magistrate Judge Gabriel W. Gorenstein 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)
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Filing 2
FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Bobker, Moshe) Modified on 8/23/2021 (pc).
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 154827/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24961921).Document filed by John Doe 1-4. (Attachments: #1 Exhibit Summons & Complaint, #2 Exhibit Affidavit of Service - HDFC, #3 Exhibit Affidavit of Service - Jose Castillo, #4 Exhibit Affidavit of Service - Maria Castillo, #5 Exhibit Stipulation, #6 Exhibit Answer, #7 Exhibit Amended Complaint, #8 Exhibit HDFC Entity Information).(Bobker, Moshe)
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