Miller v. 416 Rogers Avenue LLC et al
Plaintiff: EVELYN RUBINA FRASER MILLER
Defendant: 416 ROGERS AVENUE LLC and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
Case Number: 1:2023cv09874
Filed: November 8, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Analisa Torres
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 nm Diversity-Non-Motor Vehicle
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 22, 2023 Filing 8 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) 416 Rogers Avenue LLC, Consolidated Edison Company of New York, Inc.. Document filed by Evelyn Rubina Fraser Miller. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Jaroslawicz, David)
November 22, 2023 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney David Jaroslawicz. RE-FILE Document No. #7 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed by all parties who have appeared (handwritten signatures). Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km)
November 21, 2023 Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) 416 Rogers Avenue LLC, Consolidated Edison Company of New York, Inc. and without costs. Document filed by Evelyn Rubina Fraser Miller. Proposed Order to be reviewed by Clerk's Office staff...(Jaroslawicz, David) Modified on 11/22/2023 (km).
November 15, 2023 Opinion or Order Filing 6 ORDER: Accordingly, by December 8, 2023, Plaintiff shall amend her pleading to allege the citizenship of each constituent person or entity of Defendant 416 Rogers Avenue LLC. If Plaintiff fails to amend by the foregoing date to truthfully allege complete diversity based upon the citizenship of each constituent person or entity of the LLC, then the complaint will be dismissed for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action."). SO ORDERED. ( Amended Pleadings due by 12/8/2023.) (Signed by Judge Analisa Torres on 11/15/2023) (tg)
November 13, 2023 Filing 5 ACKNOWLEDGMENT OF SERVICE of SUMMON & COMPLAINT AND JUDGE/MAGISTRATE RULES served on CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. on 11/13/2023. Document filed by Evelyn Rubina Fraser Miller..(Jaroslawicz, David)
November 9, 2023 Filing 4 ELECTRONIC SUMMONS ISSUED as to 416 Rogers Avenue LLC, Consolidated Edison Company of New York, Inc...(jgo)
November 9, 2023 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Jaroslawicz. The following case opening statistical information was erroneously selected/entered: Citizenship Plaintiff code 3 (Citizen or Subject of a Foreign Country); County code New York;. The following correction(s) have been made to your case entry: the Citizenship Plaintiff code has been modified to 6 (Foreign Nation); the County code has been modified to XX Out of U.S.;. (jgo)
November 9, 2023 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Jaroslawicz. The party information for the following party/parties has been modified: EVELYN RUBINA FRASER MILLER; 416 ROGERS AVENUE LLC; CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo)
November 9, 2023 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)
November 9, 2023 Magistrate Judge Sarah Netburn 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. (jgo)
November 9, 2023 Case Designated ECF. (jgo)
November 8, 2023 Filing 3 CIVIL COVER SHEET filed..(Jaroslawicz, David)
November 8, 2023 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to 416 ROGERS LLC and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., re: #1 Complaint. Document filed by EVELYN RUBINA FRASER MILLER..(Jaroslawicz, David)
November 8, 2023 Filing 1 COMPLAINT against 416 ROGERS AVENUE LLC, CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28542927)Document filed by EVELYN RUBINA FRASER MILLER..(Jaroslawicz, David)

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Plaintiff: EVELYN RUBINA FRASER MILLER
Represented By: David Jaroslawicz
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Defendant: 416 ROGERS AVENUE LLC
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Defendant: CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
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