Bautista v. Donlin et al
| Elias D. Bautista |
| A.C. Morgan, Susan Mendoza, Cristian A. Abreu and Brenda Sun Donlin |
| 1:2020cv09390 |
| November 10, 2020 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Kenneth M Karas |
| Motor Vehicle |
| 28 U.S.C. § 1446 mv |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 15, 2020. A more recent docket listing may be available from PACER.
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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 Bronx. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1005 048 1 on 12/16/2020..(rro) |
Filing 14
REMAND ORDER: The Clerk of Court is directed to REMAND the case to the Supreme Court of New York, Bronx County, and to close the case in this Court. All pending motions are moot and all conferences are cancelled. Defendants Morgan and Mendoza shall promptly serve a copy of this Order on Defendants Abreu and Brenda Sue Donlin. (Signed by Judge Jesse M. Furman on 12/15/2020) (rro) Transmission to Docket Assistant Clerk for processing.
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| Filing 13 LETTER addressed to Judge Jesse M. Furman from A. Ali Yusaf, Esq dated 12-07-2020 re: Order To Show Cause. Document filed by Elias D. Bautista..(Yusaf, Asif) |
| Filing 12 AFFIDAVIT OF SERVICE of Order to Show Cause served on All Parties on December 8, 2020. Service was made by Mail. Document filed by Susan Mendoza, A.C. Morgan..(Gollihue, Lisa) |
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Filing 11
ORDER TO SHOW CAUSE: In light of the foregoing, it is hereby ORDERED that Plaintiff re-file ECF No. 9, redacting any and all sensitive personal information that should be kept confidential under Rule 5.2, no later than December 10, 2020. Defendants Mendoza and Morgan are ORDERED to show cause in writing by December 14, 2020 why this case should not be remanded to theSupreme Court of New York, Bronx County in light of the new information concerning Defendant Abreus citizenship. If Defendants fail to show cause or do not file anything by the deadline, the Court will remand the case for lack of subject-matter jurisdiction without further notice to the parties. Finally, Defendants Mendoza and Morgan are directed to serve Plaintiff and Defendants Brenda Sue Donlin and Cristian A. Abreu with a copy of this Order and to file proof of such service on the docket, within two business days of this Order.SO ORDERED. Show Cause Response due by 12/14/2020. (Signed by Judge Jesse M. Furman on 12/07/2020) (ama)
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| Filing 10 LETTER addressed to Judge Jesse M. Furman from Ali Yusaf, Esq dated 12-07-2020 re: Order To Show Cause. Document filed by Elias D. Bautista..(Yusaf, Asif) |
| Filing 9 LETTER addressed to Judge Jesse M. Furman from Lisa L. Gollihue dated December 1, 2020 re: Notice of Removal. Document filed by Susan Mendoza, A.C. Morgan..(Gollihue, Lisa) |
| Filing 8 AFFIDAVIT OF SERVICE of Notice of Initial PreTrial Conference, Order To Show Cause and SDNY ECF Rules & Instructions served on ALL PARTIES on November 19, 2020. Service was made by Mail. Document filed by Susan Mendoza, A.C. Morgan..(Gollihue, Lisa) |
| Filing 7 NOTICE OF APPEARANCE by Lisa L Gollihue on behalf of Susan Mendoza, A.C. Morgan..(Gollihue, Lisa) |
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Filing 6
ORDER TO SHOW CAUSE. It is hereby ORDERED that Defendants Mendoza and Morgan show cause in writing by December 1, 2020 why this case should not be remanded to the Supreme Court of New York, Bronx County. Plaintiff may file a response no later than December 8, 2020. If Defendants fail to show cause or do not file anything by the deadline, the Court will remand the case for lack of subject-matter jurisdiction without further notice to the parties. Finally, Defendants Mendoza and Morgan are directed to serve on Plaintiff and Defendants Brenda Sue Donlin and Cristian A. Abreu a copy of this Order, and to file proof of such service on the docket, within two business days of this Order. SO ORDERED. ( Show Cause Response due by 12/8/2020.) (Signed by Judge Jesse M. Furman on 11/17/20) (yv)
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been reassigned to the undersigned. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on February 4, 2021 at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. The parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. SO ORDERED. ( Initial Conference set for 2/4/2021 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/17/20) (yv)
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| Magistrate Judge James L. Cott is so redesignated. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Kenneth M. Karas is no longer assigned to the case..(wb) |
| Filing 4 DEMAND for Trial by Jury. Document filed by Elias D. Bautista.(Yusaf, Asif) |
| Filing 3 CIVIL COVER SHEET filed..(Gollihue, Lisa) |
| Filing 2 NOTICE OF REMOVAL from Supreme Court, County of Bronx. Case Number: 31425/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-22546348).Document filed by Susan Mendoza, A.C. Morgan. (Attachments: #1 Exhibit Notice of Filing of Notice of Removal, #2 Exhibit Summons & Complaint, #3 Exhibit Verified Answer to Complaint).(Gollihue, Lisa) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lisa L Gollihue. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 2 (U.S. Government Defendant); County code Bronx; 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 County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lisa L Gollihue. The party information for the following party/parties has been modified: Elias D. Bautista; Brenda Sun Donlin; Cristian A. Abreu; Susan Mendoza; A.C. Morgan. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (jgo) |
| 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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) |
| Case Designated ECF. (jgo) |
| Filing 1 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Gollihue, Lisa) Modified on 11/12/2020 (jgo). |
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