Velez v. Smith et al
| DARIA VELEZ |
| Carl Smith, CEC LEASING INC. and CEC Leasing Inc |
| 1:2023cv04306 |
| May 24, 2023 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Motor Vehicle |
| 28 U.S.C. § 1332 nr Diversity: Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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Filing 9
STIPULATION TO REMAND CASE TO STATE COURT AND ORDER THEREON: It is hereby ordered, on stipulation by the parties, that the above action is remanded to the Supreme Court of New York, Bronx County, bearing Index No. 805413/2023E. It is further ordered this matter assigned docket number 1:23-cv-4306 is dismissed, removed from the calendar of the United States District Court for the Southern District of New York and the mater shall proceed in the Court of original filing. This stipulated order of remand is without prejudice to the rights, claims, defenses and arguments of any party to the action. (Signed by Judge Paul G. Gardephe on 6/26/2023) (tro)
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| Transmission to Docket Assistant Clerk. Transmitted re: #9 Stipulation and Order, to the Docket Assistant Clerk for case processing. (tro) |
| 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 Fed Ex Tracking Number 8174 4501 0900 on 6/26/2023. (tro) |
| Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by CEC Leasing Inc, Carl Smith..(Harris, Keith) |
| Magistrate Judge Sarah Netburn 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. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge Nelson Stephen Roman is no longer assigned to the case. (vba) |
| Filing 7 MEMO ENDORSEMENT on re: #6 Letter filed by CEC Leasing Inc, Carl Smith. ENDORSEMENT: The Court directs the parties to file a Stipulation on ECF reflecting the parties' agreement to remand this matter back to state court in light of lack of diversity, as reflected herein. The parties are directed to do so as soon as feasible. (Signed by Judge Nelson Stephen Roman on 6/7/2023) (ate) |
| Filing 6 SECOND LETTER addressed to Judge Nelson Stephen Roman from Keith Harris dated June 6, 2023 re: Notice of Removal/Requesting to Remand Case. Document filed by CEC Leasing Inc, Carl Smith..(Harris, Keith) |
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Filing 5
ORDER re: #4 Letter filed by CEC Leasing Inc, Carl Smith. Because this matter has not been referred to Magistrate Judge Krause, any applications in this case should be directed to Judge Roman. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause) (Text Only Order) (md)
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| Filing 4 FIRST LETTER addressed to Magistrate Judge Andrew E. Krause from Keith Harris dated June 6, 2023 re: Notice of Removal/Requesting to Remand Case. Document filed by CEC Leasing Inc, Carl Smith..(Harris, Keith) |
| Filing 3 CIVIL COVER SHEET filed..(Harris, Keith) |
| Filing 2 FILING ERROR - DEFICIENT- SIGNATURE ERROR - CIVIL COVER SHEET filed..(Harris, Keith) Modified on 5/25/2023 (vf). |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Keith Harris. The party information for the following party/parties has been modified: DARIA VELEZ; CEC LEASING INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Keith Harris. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Keith Harris to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Signature Error. Form is not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Keith Harris. The following case opening statistical information was erroneously selected/entered: Origin code 1 (Original Proceeding). The following correction(s) have been made to your case entry: the Origin code has been modified to 2 (Removal from State Court). (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Andrew E. Krause 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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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..(vf) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Bronx. Case Number: 805413/2023E. (Filing Fee $ 402.00, Receipt Number BNYSDC-27780698).Document filed by CEC LEASING INC., Carl Smith. (Attachments: #1 Exhibit Complaint, #2 Exhibit Copy of certified mail, #3 Affidavit Certificate of Service).(Harris, Keith) |
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