CFG Merchant Solutions, LLC v. Birusingh
| CFG Merchant Solutions, LLC |
| Rhea Birusingh and RRAL Enterprises, LLC doing business as Access Diagnostic Institute |
| 1:2023cv09650 |
| November 1, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lewis J Liman |
| Laura Taylor Swain |
| Contract: Other |
| 28 U.S.C. § 1441 nr Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on December 20, 2023. A more recent docket listing may be available from PACER.
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Filing 11
MEMO ENDORSEMENT on re: #10 Letter, filed by Rhea Birusingh. ENDORSEMENT: The Court is in receipt of Dr. Birusingh's Declaration and will inform the parties if further briefing is required to determine whether removal was proper. SO ORDERED. (Signed by Judge Lewis J. Liman on 12/20/2023) (tg)
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| Filing 10 LETTER addressed to Judge Lewis J. Liman from Daniel G.P. Marchese, Esq. dated December 20, 2023 re: confirming the timely filing of the Declaration of Rhea Birusingh in response to the Court's Order to Show Cause. Document filed by Rhea Birusingh..(Marchese, Daniel) |
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Filing 9
ORDER granting #6 Motion for Daniel G.P. Marchese to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order)(mpk)
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Filing 8
ORDER granting #5 Motion for Daniel G.P. Marchese to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order)(mpk)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Daniel G.P. Marchese, Esq. to Appear Pro Hac Vice for Defendants RRAL Enterprises, LLC and Rhea Birusingh. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Daniel G.P. Marchese, Esq. to Appear Pro Hac Vice for Defendant RRAL Enterprises and Rhea Birusingh. Filing fee $ 200.00, receipt number ANYSDC-28703468. Motion and supporting papers to be reviewed by Cler. The document has been reviewed and there are no deficiencies. (rju) |
| Filing 7 RESPONSE to Motion re: #5 MOTION for Daniel G.P. Marchese, Esq. to Appear Pro Hac Vice for Defendant RRAL Enterprises and Rhea Birusingh. Filing fee $ 200.00, receipt number ANYSDC-28703468. Motion and supporting papers to be reviewed by Cler . Document filed by Rhea Birusingh. (Attachments: #1 Exhibit A -- RRAL Enterprises Corporate Docs, #2 Exhibit B -- Plaintiff's NY Supreme Court Complaint, #3 Exhibit C -- Affidavit of service on Rhea Birusingh in State Court case, #4 Exhibit D -- Affidavit of service on RRAL Enterprises in state court case, #5 Exhibit E -- Plaintiff CFG Merchant Solutions corporate docs, #6 Exhibit F -- Plaintiff CFG Merchant Solutions website screenshots, #7 Exhibit G -- CapFlow Funding Group Managers corporate docs).(Marchese, Daniel) |
| Filing 6 MOTION for Daniel G.P. Marchese, Esq. to Appear Pro Hac Vice for Defendants RRAL Enterprises, LLC and Rhea Birusingh. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by RRAL Enterprises, LLC. Return Date set for 12/18/2023 at 09:00 AM. (Attachments: #1 Affidavit in support of pro hac vice motion, #2 Proposed Order proposed order).(Marchese, Daniel) |
| Filing 5 MOTION for Daniel G.P. Marchese, Esq. to Appear Pro Hac Vice for Defendant RRAL Enterprises and Rhea Birusingh. Filing fee $ 200.00, receipt number ANYSDC-28703468. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rhea Birusingh. Return Date set for 12/18/2023 at 09:00 AM. (Attachments: #1 Affidavit in support of pro hac vice application, #2 Proposed Order proposed order).(Marchese, Daniel) |
| MAILING RECEIPT: Document No: 4. Mailed to: Rhea Birusingh 9516 San Fernando Ct Howey in the Hills, FL 34737. (sha) |
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Filing 4
ORDER: The Court directs Birusingh to show cause, by filing a declaration within 30 days of the date of this order, why this action should be not remanded to the state court. Birusingh's declaration must allege facts demonstrating that the Court has diversity of citizenship jurisdiction of this action, that the notice of removal is timely, and that her co-defendant, RRAL Enterprises, consents to the removal. A declaration form is attached to this order. If Birusingh fails to comply with this order within the prescribed time, the Court will remand this action under 28 U.S.C. 1447(c) to the Supreme Court of the State of New York, County of New York. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). (Signed by Judge Lewis J. Liman on 11/17/2023) (tg)
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| NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Laura Taylor Swain is no longer assigned to the case. (vba) |
| Pro Se Payment of Fee Processed: $402.00 Check processed by the Finance Department on 11/16/2023, Receipt Number 23244. (ehn) |
| Magistrate Judge James L. Cott is designated to handle matters that may be referred in this case. 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) |
| MAILING RECEIPT: Document No: 2. Mailed to: Rhea Birusingh 9516 San Fernando Ct Howey in the Hills, FL 34737. (sha) |
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Filing 2
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Birusingh is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within ten (10) days of the date of this Order. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 11/13/2023. In Forma Pauperis (IFP) Application due by 11/13/2023. (Signed by Judge Laura Taylor Swain on 11/2/2023) (Attachments: #1 Supplement IFP application) (scn)
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 654054/2023. Document filed by Rhea Birusingh. (sac) |
| Case Designated ECF. (sac) |
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