Collins v. Molina-Lagos et al
| Queen Teresa Collins |
| Santos Molina-Lagos and Raymours Furniture Company, Inc. |
| 1:2023cv04236 |
| May 22, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Motor Vehicle |
| 28 U.S.C. § 1446 nr Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on June 29, 2023. A more recent docket listing may be available from PACER.
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| 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 1ze22e533710077739 on 6/30/2023..(jca) |
Filing 16
MEMO ENDORSEMENT on re: #15 Letter filed by Santos Molina-Lagos, Raymours Furniture Company, Inc. ENDORSEMENT The Clerk of Court is respectfully directed to terminate any open motions and to remand this case to the Bronx County Supreme Court. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/29/2023) (jca) Transmission to Docket Assistant Clerk for processing.
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| Filing 15 LETTER addressed to Judge Valerie E. Caproni from Fabrice K. Michel dated June 29, 2023 re: Remand Case to State Court. Document filed by Santos Molina-Lagos, Raymours Furniture Company, Inc...(Michel, Fabrice) |
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Filing 14
MEMO ENDORSEMENT on re: #13 Letter, filed by Queen Teresa Collins. ENDORSEMENT: Not later than Thursday, June 29, 2023 at 12:00 P.M., Defendants must file a letter indicating whether they consent to remanding this case to state court in light of Plaintiff's newly produced evidence. If Defendants do not consent to remand, Plaintiff must file a motion for remand by June 30, 2023 as previously ordered. SO ORDERED. ( Motions due by 6/30/2023.) (Signed by Judge Valerie E. Caproni on 6/27/2023) (tg)
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| Filing 13 SECOND LETTER addressed to Judge Valerie E. Caproni from Daniel Park dated June 27, 2023 re: Motion to Remand. Document filed by Queen Teresa Collins. (Attachments: #1 Exhibit Exhibit C - New York State Identification Card, #2 Exhibit Exhibit D - mailing from a medical provider, #3 Exhibit Exhibit E - lease document, #4 Exhibit Exhibit F - New York State Local Retirement System membership mailing).(Park, Daniel) |
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Filing 12
ORDER, IT IS HEREBY ORDERED that Plaintiff must file any motion to remand not later than Friday, June 30, 2023. Defendants' response is due not later than Friday, July 14, 2023. Plaintiff's reply is due not later than Friday, July 21, 2023. SO ORDERED. ( Motions due by 6/30/2023., Replies due by 7/21/2023., Responses due by 7/14/2023) (Signed by Judge Valerie E. Caproni on 6/20/23) (yv)
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| Filing 11 LETTER addressed to Judge Valerie E. Caproni from Fabrice K. Michel dated June 16, 2023 re: Court's June 7, 2023 Order. Document filed by Santos Molina-Lagos, Raymours Furniture Company, Inc...(Michel, Fabrice) |
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Filing 10
ORDER: IT IS HEREBY ORDERED that not later than Friday, June 16, 2023, Defendants must show cause why this case should not be remanded to state court in light of Plaintiff's affidavit. See, e.g., Ankura Consulting Grp., LLC v. Mortazavi, No. 22-CV-2385 (VSB), 2022 WL 3445766, at *2-3 (S.D.N.Y. Aug. 17, 2022) (remanding a case to state court because the defendant "improperly shift[ed] the burden to [the] [p]laintiff to show that diversity [did] not exist" and failed to establish complete diversity); Alvarez & Marshal Glob. Forensic & Dispute Servs., LLC v. Cohen-Cole, No. 14-CV-290 (JPO), 2014 WL 641440, at *2-3 (S.D.N.Y. Feb. 19, 2014) (remanding a case to state court because "[t]he evidence in the form of [a] sworn declaration should have been sufficient to establish a lack of diversity" and "[a]n assumption based on incomplete jurisdictional facts does not make the assertion of diversity jurisdiction objectively reasonable"). SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/7/2023) (tg)
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| Filing 9 FIRST LETTER addressed to Judge Valerie E. Caproni from Daniel Park dated June 6, 2023 re: Diversity Jurisdiction in light of Notice of Removal. Document filed by Queen Teresa Collins. (Attachments: #1 Affidavit Exhibit A - Affidavit of New York citizenship, #2 Supplement Exhibit B - Corresponding Proof of Address).(Park, Daniel) |
| Filing 8 NOTICE OF APPEARANCE by Daniel Park on behalf of Queen Teresa Collins..(Park, Daniel) |
| Filing 7 LETTER addressed to Judge Valerie E. Caproni from Fabrice K. Michel dated June 2, 2023 re: Plaintiff's Affidavit re: Residency. Document filed by Santos Molina-Lagos, Raymours Furniture Company, Inc...(Michel, Fabrice) |
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Filing 6
ORDER: IT IS HEREBY ORDERED that not later than Wednesday, June 7, 2023, Plaintiff must file a sworn affidavit in compliance with the Court's order or show cause why the case should not be dismissed for failure to prosecute. If Plaintiff was domiciled in Virginia at the time she filed her action, not later than Friday, June 9, 2023, Defendants' counsel must file a declaration stating when Plaintiff produced the September 16, 2019 police report and stating whether he had access to the report from his clients before that date. IT IS FURTHER ORDERED that not later than Monday, June 5, 2023, Defendants must serve this Order on Plaintiff's counsel via email and post proof of service on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/2/2023) (tg)
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| Filing 5 NOTICE OF APPEARANCE by Steven Mark Christman on behalf of Santos Molina-Lagos, Raymours Furniture Company, Inc...(Christman, Steven) |
| Filing 4 AFFIDAVIT OF SERVICE. Document filed by Santos Molina-Lagos, Raymours Furniture Company, Inc.. (Attachments: #1 Exhibit E-mail re: Service of Order).(Michel, Fabrice) |
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Filing 3
ORDER: IT IS HEREBY ORDERED that not later than Tuesday, May 30, 2023, Plaintiff must file a sworn affidavit identifying her permanent home address on September 15, 2022. If Plaintiff was domiciled in Virginia at the time she filed her action, not later than Friday, June 2, 2023, Defendants' counsel must file a declaration stating when Plaintiff produced the September 16, 2019 police report and stating whether he had access to the report from his clients before that date. IT IS FURTHER ORDERED that not later than Wednesday, May 24, 2023, Defendants must serve this Order on Plaintiff's counsel via email and post proof of service on the docket. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/23/2023) (tg)
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| 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) |
| Magistrate Judge Barbara C. Moses 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 Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Fabrice Michel. 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) |
| Filing 2 CIVIL COVER SHEET filed..(Michel, Fabrice) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 813692/2022E. (Filing Fee $ 402.00, Receipt Number ANYSDC-27770043).Document filed by Raymours Furniture Company, Inc., Santos Molina-Lagos. (Attachments: #1 Exhibit Summons & Complaint, #2 Exhibit Verified Answer, #3 Exhibit Affidavits of Service, #4 Exhibit Division of Corp. Info, #5 Exhibit Police Report, #6 Exhibit Notices to Admit, #7 Exhibit Demand for Affidavit, #8 Exhibit E-mail and Stip to Cap Damages).(Michel, Fabrice) |
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