Aspen American Insurance Company as subrogee of Martin J. Ain, Ingrid Ain and 287 Main Street Group, LLC and Martin J. Ain, Ingrid Ain and 287 Main Street Group, LLC, for themselves v. Harbor Freight Tools USA, Inc.
| Aspen American Insurance Company as subrogee of Martin J. Ain, Ingrid Ain and 287 Main Street Group, LLC and Martin J. Ain, Ingrid Ain and 287 Main Street Group, LLC, for themselves, Aspen American Insurance Company as subrogee of Martin J. Ain, Ingrid Ain and 287 Main Street Group, LLC, Martin J. Ain, Ingrid Ain and 287 Main Street Group, LLC |
| Harbor Freight Tools USA, Inc. |
| 1:2023cv11298 |
| December 29, 2023 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Prop. Damage Prod. Liability |
| 28 U.S.C. ยง 1446 nr Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on January 30, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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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 New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1ZE22E530210054769 on 1/31/2024..(ks) |
Filing 4
ORDER: On December 29, 2023, defendant Harbor Freight Tools USA, Inc. removed this action from the Supreme Court of the State of New York, County of New York. See 28 U.S.C. 1446(a). On January 30, 2024, however, the parties informed the Court that they have consented to a remand to state court because the case does not involve a federal question and they cannot establish that this Court has subject matter jurisdiction under 28 U.S.C. 1332(a). Accordingly, the Court hereby remands this case to the New York County Supreme Court, where it was originally filed. The telephone conference scheduled for January 31, 2024, ECF No. 3, will not take place. The Clerk is respectfully directed to close this case. SO ORDERED. (Signed by Judge Jed S. Rakoff on 1/30/2024) (ks) Transmission to Docket Assistant Clerk for processing.
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| Filing 3 NOTICE OF COURT CONFERENCE: DATE AND PLACE OF CONFERENCE: 1/31/2024, ON A TELECONFERENCE LINE AT 11:15am. The dial-in information for the call will be as follows: USA Toll-Free (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415. Initial Conference set for 1/31/2024 at 11:15 AM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 1/4/2024) (mml) |
| Case Designated ECF. (vf) |
| Magistrate Judge Sarah L. Cave 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. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brian Ramkissoon. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); Origin code 1 (Original Proceeding); Citizenship Plaintiff code 7 (NONE); Citizenship Defendant code 7 (NONE); County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 4 (Diversity); the Origin code has been modified to 2 (Removal from State Court); the Citizenship Plaintiff code has been modified to 1 (Citizen of This State); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brian Ramkissoon. The party information for the following party/parties has been modified: Aspen American Insurance Company as subrogee of Martin J. Ain, Ingrid Ain and 287 Main Street Group, LLC and Martin J. Ain, Ingrid Ain and 287 Main Street Group, LLC, for themselves. The information for the party/parties has been modified for the following reason/reasons: party text was as omitted; party name entered incorrectly. (vf) |
| Filing 2 CIVIL COVER SHEET filed..(Ramkissoon, Brian) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 160328/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-28751552).Document filed by Harbor Freight Tools USA, Inc.. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Affidavit of Service of Summons and Complaint on Harbor Freight Tools USA, Inc., #3 Exhibit Stipulation extending Harbor Freight Tools USA, Inc.'s time to answer Complaint).(Ramkissoon, Brian) |
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| Plaintiff: Aspen American Insurance Company as subrogee of Martin J. Ain, Ingrid Ain and 287 Main Street Group, LLC and Martin J. Ain, Ingrid Ain and 287 Main Street Group, LLC, for themselves | |
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| Plaintiff: Aspen American Insurance Company as subrogee of Martin J. Ain, Ingrid Ain and 287 Main Street Group, LLC | |
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| Plaintiff: Martin J. Ain | |
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| Plaintiff: Ingrid Ain | |
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| Plaintiff: 287 Main Street Group, LLC | |
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| Defendant: Harbor Freight Tools USA, Inc. | |
| Represented By: | Brian Ramkissoon |
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