People Of The State Of New York, By Letitia James v. Sirius XM Radio Inc.
| People Of The State Of New York, By Letitia James |
| Sirius XM Radio Inc. |
| 1:2024cv00413 |
| January 19, 2024 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question: Other |
| None |
Docket Report
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This docket was last retrieved on March 5, 2024. A more recent docket listing may be available from PACER.
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| Filing 18 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORAL ARGUMENT proceeding held on 2/21/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 17 TRANSCRIPT of Proceedings re: ORAL ARGUMENT held on 2/21/2024 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/26/2024. Redacted Transcript Deadline set for 4/5/2024. Release of Transcript Restriction set for 6/3/2024..(McGuirk, Kelly) |
Filing 16
ORDER granting #7 Motion to Remand to State Court. On January 19, 2024, respondent, Sirius XM Radio, Inc., removed this lawsuit to federal court, invoking this Court's jurisdiction under 28 U.S.C. 1331. On January 31, 2024, petitioner, the State of New York, moved to remand this lawsuit back to state court. See Mem. of Law in Supp. of the Att'y General's Mot. to Remand, ECF No. 9. Upon consideration of the parties' written submissions and oral argument, the Court hereby grants petitioner's motion to remand. An opinion explaining the reasoning for this decision will follow in due course. The Clerk of Court is respectfully directed to close entry number 7 on the docket of this case. SO ORDERED.. (Signed by Judge Jed S. Rakoff on 2/22/2024) (ks) Transmission to Docket Assistant Clerk for processing.
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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 1ZE22E530210050671 on 2/22/2024..(ks) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 2/21/2024 re: #7 MOTION to Remand to State Court . filed by People Of The State Of New York, By Letitia James. (Kotowski, Linda) |
| Filing 15 NOTICE OF APPEARANCE by Lee A. Armstrong on behalf of Sirius XM Radio Inc...(Armstrong, Lee) |
| Filing 14 NOTICE OF APPEARANCE by Mark R. Seiden on behalf of Sirius XM Radio Inc...(Seiden, Mark) |
| Filing 13 PROPOSED CASE MANAGEMENT PLAN. Document filed by Sirius XM Radio Inc...(Seiden, Mark) |
| Filing 12 REPLY MEMORANDUM OF LAW in Support re: #7 MOTION to Remand to State Court . . Document filed by People Of The State Of New York, By Letitia James..(Riff, Adam) |
| Filing 11 MEMORANDUM OF LAW in Opposition re: #7 MOTION to Remand to State Court . . Document filed by Sirius XM Radio Inc...(Seiden, Mark) |
| Filing 10 NOTICE OF APPEARANCE by Jane M. Azia on behalf of People Of The State Of New York, By Letitia James..(Azia, Jane) |
| Filing 9 MEMORANDUM OF LAW in Support re: #7 MOTION to Remand to State Court . . Document filed by People Of The State Of New York, By Letitia James..(Riff, Adam) |
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Filing 8
NOTICE OF COURT CONFERENCE: Since this case has been designated an electronic case, by the date of the initial pretrial conference counsel for all parties are required to register as filing users in accordance with the Procedures for Electronic Case Filing and file an Notice of Appearance. DATE AND PLACE OF CONFERENCE AND ORAL ARGUMENT: 2/20/2024, at 11:00am in courtroom 14B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York City, New York. No application for adjournment will be considered unless made within one week of the date of this notice. The fact that any party has not answered the complaint does not excuse attendance by that party or warrant any adjournment of the conference. As further set forth in this Order. SO ORDERED. (Signed by Judge Jed S. Rakoff on 1/26/2024) ( Oral Argument set for 2/20/2024 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff.) (ks)
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| Filing 7 MOTION to Remand to State Court . Document filed by People Of The State Of New York, By Letitia James. Return Date set for 2/20/2024 at 11:00 AM..(Riff, Adam) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/22/2024,without transcription or recording on January 22, 2024. Counsel for all parties was present. The Court sets the following briefing schedule on petitioners motion to remand: Petitioners opening papers are due Wednesday, January 31, 2024; respondents answering papers are due Wednesday, February 7, 2024; and petitioners reply papers are due Monday, February 12, 2024. The parties should also submit a proposed case management plan by Friday, February 16, 2024. The Court will hold oral argument on the motion to remand on Tuesday, February 20, 2024 at 11 A.M. ( Initial Conference set for 2/20/2024 at 11:00 AM before Judge Jed S. Rakoff., Oral Argument set for 2/20/2024 at 11:00 AM before Judge Jed S. Rakoff.). (Kotowski, Linda) |
| Filing 6 NOTICE OF APPEARANCE by Laura Levine on behalf of People Of The State Of New York, By Letitia James..(Levine, Laura) |
| Filing 5 NOTICE OF APPEARANCE by Adam Joseph Riff on behalf of People Of The State Of New York, By Letitia James..(Riff, Adam) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mark R. Seiden. The party information for the following party/parties has been modified: People Of The State Of New York, By Letitia James. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (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) |
| Case Designated ECF. (vf) |
| Magistrate Judge Katharine H. Parker 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) |
| Filing 4 NOTICE OF REMOVAL from New York Supreme Court, County of New York. Case Number: 453325/2023..Document filed by Sirius XM Radio Inc.. (Attachments: #1 Exhibit A part 1 - Verified Petition from lower court, #2 Exhibit A part 2 - Verified Petition from lower court, #3 Exhibit A part 3 - Verified Petition from lower court, #4 Exhibit A part 4 - Verified Petition from lower court, #5 Exhibit A part 5 - Verified Petition from lower court, #6 Exhibit A part 6 - Verified Petition from lower court, #7 Exhibit A part 7 - Verified Petition from lower court, #8 Exhibit A part 8 - Verified Petition from lower court, #9 Exhibit A part 9 - Verified Petition from lower court, #10 Exhibit A part 10 - Verified Petition from lower court, #11 Exhibit A part 11 - Verified Petition from lower court, #12 Exhibit A part 12 - Verified Petition from lower court, #13 Exhibit A part 13 - Verified Petition from lower court, #14 Exhibit A part 14 - Verified Petition from lower court, #15 Exhibit A part 15 - Verified Petition from lower court, #16 Exhibit A part 16 - Verified Petition from lower court, #17 Exhibit A part 17 - Verified Petition from lower court, #18 Exhibit A part 18 - Verified Petition from lower court).(Seiden, Mark) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sirius XM Holdings Inc., Other Affiliate Liberty Media Corporation for Sirius XM Radio Inc.. Document filed by Sirius XM Radio Inc...(Seiden, Mark) |
| Filing 2 CIVIL COVER SHEET filed..(Seiden, Mark) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - NOTICE OF REMOVAL from New York State Supreme Court, County of New York. Case Number: 453325/2023. (Filing Fee $ 405.00, Receipt Number ANYSDC-28830755).Document filed by Sirius XM Radio Inc.. (Attachments: #1 Exhibit A part 1 - Verified Petition from lower court, #2 Exhibit A part 2 - Verified Petition from lower court, #3 Exhibit A part 3 - Verified Petition from lower court, #4 Exhibit A part 4 - Verified Petition from lower court, #5 Exhibit A part 5 - Verified Petition from lower court, #6 Exhibit A part 6 - Verified Petition from lower court, #7 Exhibit A part 7 - Verified Petition from lower court, #8 Exhibit A part 8 - Verified Petition from lower court, #9 Exhibit A part 9 - Verified Petition from lower court, #10 Exhibit A part 10 - Verified Petition from lower court, #11 Exhibit A part 11 - Verified Petition from lower court, #12 Exhibit A part 12 - Verified Petition from lower court, #13 Exhibit A part 13 - Verified Petition from lower court, #14 Exhibit A part 14 - Verified Petition from lower court, #15 Exhibit A part 15 - Verified Petition from lower court, #16 Exhibit A part 16 - Verified Petition from lower court, #17 Exhibit A part 17 - Verified Petition from lower court, #18 Exhibit A part 18 - Verified Petition from lower court).(Seiden, Mark) Modified on 1/22/2024 (vf). |
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| Petitioner: People Of The State Of New York, By Letitia James | |
| Represented By: | Adam Joseph Riff |
| Represented By: | Jane M. Azia |
| Represented By: | Laura Levine |
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| Respondent: Sirius XM Radio Inc. | |
| Represented By: | Mark R. Seiden |
| Represented By: | Lee A. Armstrong |
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