Tyndall v. Warwick Valley Pilots Associates, Inc.
William A Tyndall |
Warwick Valley Pilots Associates, Inc. and John Doe |
John Doe (true name unknown but intended to be the current renter of Hangar 10-2) |
7:2020cv09751 |
November 19, 2020 |
US District Court for the Southern District of New York |
Vincent L Briccetti |
Real Property: Other |
28 U.S.C. ยง 1332 co |
Defendant |
Docket Report
This docket was last retrieved on November 30, 2020. 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 Orange. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1005 152 4 on 12/1/2020. (mml) |
Filing 7 STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, 1. Plaintiff has agreed that his claim for damages is limited to the sum of $70,000, and thus Plaintiff will not seek compensatory damages, attorneys' fees, costs or interest in excess of $70,000 in relation to the claims asserted against Defendant Warwick Valley Pilots Association, Inc. in this action, and has further agreed to not seek punitive damages against Warwick Valley Pilots Association, Inc.; 2. Upon remand of this action to state court, Plaintiff shall file a stipulation in state court withdrawing his claim for punitive damages, limiting his claim for any other damages, costs, fees and interest to an amount up to $70,000, and permitting Defendant 20 days from the date of remand to respond to the Complaint; 3. In exchange, Defendant agrees to withdraw its Removal Petition in this Court, and thereby consents to the remand of the action to New York State Supreme Court, Orange County; 4. This Stipulated Agreement is made for the sole consideration above indicated and for no other purpose or consideration. The clerk shall close this case. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/30/2020) (mml) Transmission to Docket Assistant Clerk for processing. |
Filing 6 CONSENT LETTER addressed to Judge Vincent L. Briccetti from Deborah A. Elsasser dated November 30, 2020 re: Order Docket Entry #5. Document filed by Warwick Valley Pilots Associates, Inc.. (Attachments: #1 Exhibit Stipulation to Remand).(Elsasser, Deborah) |
Filing 5 ORDER: Accordingly, by November 30, 2020, defendant shall submit a letter clarifying plaintiff's citizenship - i.e., domicile - so that the Court can determine whether there is complete diversity in this case. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/20/2020) (mml) |
Case Designated ECF. (vf) |
Magistrate Judge Judith C. McCarthy 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. (vf) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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 PARTY MODIFICATION. Notice to attorney Deborah Anne Elsasser. The party information for the following party/parties has been modified: 'John Doe' (true name unknown but intended to be current renter of Hangar 10-2). The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (dnh) |
Filing 4 NOTICE OF APPEARANCE by Deborah Anne Elsasser on behalf of Warwick Valley Pilots Associates, Inc...(Elsasser, Deborah) |
Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Warwick Valley Pilots Associates, Inc...(Elsasser, Deborah) |
Filing 2 CIVIL COVER SHEET filed..(Elsasser, Deborah) |
Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Orange. Case Number: EF006103-2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-22662508).Document filed by Warwick Valley Pilots Associates, Inc.. (Attachments: #1 Exhibit Original pleading in state court, #2 Exhibit Docket sheet_state court, #3 Affidavit Declaration of Jeffrey Walker, #4 Exhibit Notice of Claim re: amount in controversy).(Elsasser, Deborah) |
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