Boston v. Doshna et al
| Alexander Boston |
| Samuel Doshna, Young Judea Camp Tel Yehuda, Inc. and Jeffrey Doshna |
| 1:2022cv07724 |
| September 9, 2022 |
| US District Court for the Southern District of New York |
| Analisa Torres |
| P.I.: Other |
| 28 U.S.C. § 1332 ct Diversity-(Citizenship) |
| Both |
Docket Report
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This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.
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Filing 21
ORDER re: #13 Order on Motion for Leave to File Document. Accordingly, the Court's September 23, 2022 order granting Doshna's petition for removal, ECF No. 13, is VACATED, and the matter is REMANDED. Any pending motions are moot, and all deadlines and conferences are vacated. The Clerk of Court is directed to remand the action to Supreme Court, New York County, and close the close. SO ORDERED. (Signed by Judge Analisa Torres on 9/30/2022) (kv) Transmission to Docket Assistant Clerk for processing.
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| Filing 20 LETTER addressed to Judge Analisa Torres from Mara Goltsman, Esq. dated September 30, 2022 re: no opposition to removal to Federal Court. Document filed by Young Judea Camp Tel Yehuda, Inc...(Goltsman, Mara) |
| 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 1ZE22E533710074492 on 9/30/2022..(kv) |
| Filing 19 AMENDED COMPLAINT against All Parties with JURY DEMAND.Document filed by Alexander Boston..(Friedman, Andrew) Modified on 9/30/2022 (jgo). Modified on 9/30/2022 (jgo). |
| Filing 18 LETTER addressed to Judge Analisa Torres from James M. Carman dated September 29, 2022 re: Response to Court's Order to Show Cause. Document filed by Samuel Doshna..(Carman, James) |
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Filing 17
ORDER: On September 26, 2022, the Court ordered the parties to show cause in writing by September 28, 2022, as to why this case should not be remanded because Defendant Young Judea Camp Tel Yehuda, Inc. has not consented to removal. ECF No. 15. That submission is now overdue. Accordingly, by September 30, 2022, at 12:00 p.m., the parties shall file their letters. Failure to respond shall result in remand. SO ORDERED. (Signed by Judge Analisa Torres on 9/29/2022) (ama)
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| Filing 16 LETTER addressed to Judge Naomi Reice Buchwald from James M. Carman dated September 26, 2022 re: Leave to File Motion to Dismiss. Document filed by Samuel Doshna..(Carman, James) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney James Carman to RE-FILE Document #14 MOTION for Leave to File Motion to Dismiss .. Use the event type Other Filings- Other Documents found under the event list Letter. (kj) |
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Filing 15
ORDER TO SHOW CAUSE: As of the date of this order, Defendant Young Judea Camp Tel Yehuda, Inc. has not consented to removal under 28 U.S.C. 1446(b)(2)(B). By September 28, 2022, the parties shall show cause, in letters of no more than five pages, why this case should not be remanded. In particular, Plaintiff shall inform the Court whether Defendant Young Judea Camp Tel Yehuda, Inc. was properly served in state court and when service occurred. SO ORDERED. (Signed by Judge Analisa Torres on 9/26/2022) (kv)
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| Filing 14 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Leave to File Motion to Dismiss . Document filed by Samuel Doshna..(Carman, James) Modified on 9/27/2022 (kj). |
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Filing 13
Vacated as per Judge's Order dated 9/30/2022, Doc. #21 ORDER denying as moot #7 Letter Motion for Leave to File Document; granting #9 Letter Motion for Leave to File Document. Accordingly: Defendants' petition for removal, ECF No. 4, which Plaintiff does not contest, is GRANTED; Plaintiff's request for leave to file an amended complaint, ECF No. 9, is GRANTED, see Fed. R. Civ. P. 15(a)(2); and Defendants' request to file a motion to dismiss, ECF No. 7, is DENIED as moot. By September 30, 2022, Plaintiff shall file an amended complaint. The Clerk of Court is directed to terminate the motions at ECF Nos. 7 and 9. SO ORDERED.. (Signed by Judge Analisa Torres on 9/23/2022) (kv) Modified on 9/30/2022 (kv).
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Filing 12
ORDER. It is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S. C. 63 6(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendants shall, by November 11, 2022, file a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, on the docket. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by November 11, 2022, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 9/23/22) (yv)
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Filing 11
INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by November 11, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. SO ORDERED. (Signed by Judge Analisa Torres on 9/23/22) (yv) Modified on 9/23/2022 (yv).
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Filing 10
ORDER. It is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 9/23/22) (yv)
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| Set/Reset Deadlines: Amended Pleadings due by 9/30/2022. (kv) |
| Filing 9 FIRST LETTER MOTION for Leave to File Supplemental Summons and Amended Complaint addressed to Judge Analisa Torres from Andrew M. Friedman dated 9/22/2022. Document filed by Alexander Boston. (Attachments: #1 Exhibit Supplemental Summons and Amended Complaint).(Friedman, Andrew) |
| Filing 8 NOTICE OF APPEARANCE by Andrew M. Friedman on behalf of Alexander Boston..(Friedman, Andrew) |
| Filing 7 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Analisa Torres from James M. Carman, Esq. dated September 20, 2022. Document filed by Samuel Doshna..(Carman, James) |
| Filing 6 CIVIL COVER SHEET filed..(Carman, James) |
| Filing 5 NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 156533/2022..Document filed by Samuel Doshna. (Attachments: #1 Exhibit Summons and Complaint).(Carman, James) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney James M. Carman to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF was not properly signed by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James M. Carman to RE-FILE Document No. #4 Petition (Other). The filing is deficient for the following reason(s): the wrong event type was used to file the pleading; party roles on the PDF case caption must be Petitioner v. Respondent. Re-file the pleading using the event type 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 9/19/2022. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney James M. Carman. The party information for the following party/parties has been modified: Alexander Boston; Samuel Doshna; Young Judea Camp Tel Yehuda, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney James M. Carman. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) |
| Magistrate Judge Katharine H. Parker 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| Case Designated ECF. (jgo) |
| Filing 4 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PETITION FOR REMOVAL..Document filed by Samuel Doshna. (Attachments: #1 Exhibit Summons and Complaint).(Carman, James) Modified on 9/14/2022 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James M. Carman to RE-FILE Document No. #3 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; the pleading must be the main document. The Notice must be filed separate from the pleading; the PDF must be titled Notice of Removal or Petition for Removal. Re-file the pleading using the event type 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 9/19/2022. (jgo) |
| Filing 3 FILING ERROR DEFICIENT PLEADING - PDF ERROR - NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 156533/2022..Document filed by Samuel Doshna. (Attachments: #1 Exhibit Summons and Complaint).(Carman, James) Modified on 9/13/2022 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney James M. Carman to RE-FILE Document No. #1 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; the PDF must be titled Notice of Removal or Petition for Removal. Re-file the pleading using the event type 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 9/19/2022. (jgo) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Carman, James) Modified on 9/14/2022 (jgo). |
| Filing 1 FILING ERROR DEFICIENT PLEADING - PDF ERROR - NOTICE OF REMOVAL from Supreme, County of New York. Case Number: 156533/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-26658207).Document filed by Samuel Doshna..(Carman, James) Modified on 9/12/2022 (jgo). |
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