Velez v. CAN Trucking Inc. et al
| Maria Velez |
| CAN Trucking Inc. and Leesent Stapleton |
| 1:2022cv09107 |
| October 24, 2022 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Motor Vehicle |
| 28 U.S.C. § 1332 tm Diversity-Tort/Motor Vehicle (P.I.) |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 28, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| 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 1007 542 8 on 10/28/2022. (ama) |
Filing 12
ORDER: As defendants have had this pointed out to them in explicit terms before and have failed to correct this deficiency, this action is remanded to the Supreme Court of the State of New York, Bronx County. The Clerk shall close the case. And as set forth herein. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/27/2022) (ama) Modified on 10/27/2022 (ama).
|
| Filing 11 STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by CAN Trucking Inc., Leesent Stapleton. (Attachments: #1 Exhibit NJ Corp Search Record for CAN Trucking).(Abelson Liebman, Lynn) |
| Transmission to Docket Assistant Clerk. Transmitted re: #12 Order,, to the Docket Assistant Clerk for case processing..(ama) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lynn Abelson Liebman to Document No. #10 Notice of Removal,. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading, leave to file a Third Amended Notice of Removal has not been granted. (pc) |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF REMOVAL from SUPREME COURT, County of BRONX. Case Number: 813053/2022E..Document filed by Leesent Stapleton, CAN Trucking Inc.. (Attachments: #1 Exhibit PLAINTIFF'S SUMMONS AND COMPLAINT PROOF OF CITIZENSHIP, #2 Exhibit PROOF OF CITIZENSHIP FOR LEESENT STAPLETON, #3 Exhibit PROOF OF CITIZENSHIP FOR CAN TRUCKING).(Abelson Liebman, Lynn) Modified on 10/27/2022 (pc). |
| Filing 9 FIRST AMENDED NOTICE OF REMOVAL against Maria Velez; amending #1 Notice of Removal,.Document filed by Leesent Stapleton, CAN Trucking Inc.. Related document: #1 Notice of Removal,..(Abelson Liebman, Lynn) |
|
Filing 8
ORDER: Jurisdiction is invoked pursuant to 28 U.S.C. 1332. The notice of removal fails adequately to allege the existence of subject matter jurisdiction because, perhaps among other things, it fails adequately to allege: The citizenship of one or more natural persons. See, e.g., Sun Printing &Publishing Ass'n v. Edwards, 194 U.S. 377 (1904); Leveraged Leasing Administration Corp.v. PacifiCorp Capital, Inc., 87 F.3d 44 (2d Cir. 1996). In addition, the notice has not be joined in by all defendants. Absent the filing, on or before November 2, 2022, of an amended notice of removal adequately alleging the existence of subject matter jurisdiction, this action will be remanded to the state court. SO ORDERED., ( Amended Pleadings due by 11/2/2022.) (Signed by Judge Lewis A. Kaplan on 10/26/2022) (ama)
|
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lynn Abelson Liebman to RE-FILE Document No. #5 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. (sj) |
| Filing 7 CERTIFICATE OF SERVICE of Amended Notice of Removal, Statement of Grounds of Removal and Supporting Documents on October 25, 2022. Document filed by CAN Trucking Inc., Leesent Stapleton..(Abelson Liebman, Lynn) |
| Filing 6 CERTIFICATE OF SERVICE of Rule 7.1 Statement on October 25, 2022. Document filed by CAN Trucking Inc., Leesent Stapleton..(Abelson Liebman, Lynn) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED NOTICE OF REMOVAL against Leesent Stapleton, CAN Trucking Inc.; amending #1 Notice of Removal.Document filed by Leesent Stapleton, CAN Trucking Inc.. Related document: #1 Notice of Removal. (Attachments: #1 Statement of Grounds of Removal, #2 Exhibit Summons and Complaint).(Abelson Liebman, Lynn) Modified on 10/26/2022 (sj). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lynn Abelson Liebman to RE-FILE Document No. #4 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; the PDF must be titled to correspond with the event type used. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lynn Abelson Liebman. The following case opening statistical information was erroneously selected/entered: Jury Demand code b (Both); County code Westchester;. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to n (None); the County code has been modified to XX Out of State;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Lynn Abelson Liebman to RE-FILE Document No. #3 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; Jury Demand code was not selected;. 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) |
| 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. 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) |
| 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. (aea) |
| NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Cathy Seibel is no longer assigned to the case..(aea) |
| Case Designated ECF. (jgo) |
| Filing 4 FILING ERROR DEFICIENT PLEADING - PDF ERROR - AMENDED NOTICE OF REMOVAL against Leesent Stapleton, CAN Trucking Inc.; amending #1 Notice of Removal, with JURY DEMAND.Document filed by Leesent Stapleton, CAN Trucking Inc.. Related document: #1 Notice of Removal,. (Attachments: #1 Statement of Grounds of Removal, #2 Exhibit Summons and Complaint).(Abelson Liebman, Lynn) Modified on 10/25/2022 (jgo). |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Abelson Liebman, Lynn) Modified on 10/25/2022 (jgo). |
| Filing 2 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CAN Trucking Inc., Leesent Stapleton. (Attachments: #1 Exhibit Certificate of Service).(Abelson Liebman, Lynn) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 813053/2022E. (Filing Fee $ 402.00, Receipt Number ANYSDC-26862157).Document filed by Leesent Stapleton, CAN Trucking Inc.. (Attachments: #1 Exhibit Certificate of Service).(Abelson Liebman, Lynn) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
