Tyndall v. Warwick Valley Pilots Associates, Inc.
Plaintiff: William A Tyndall
Defendant: Warwick Valley Pilots Associates, Inc. and John Doe
Alternative Dispute Resolution (Adr) Provider: John Doe (true name unknown but intended to be the current renter of Hangar 10-2)
Case Number: 7:2020cv09751
Filed: November 19, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Vincent L Briccetti
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1332 co
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 30, 2020 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)
November 30, 2020 Opinion or Order 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.
November 30, 2020 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)
November 20, 2020 Opinion or Order 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)
November 20, 2020 Case Designated ECF. (vf)
November 20, 2020 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)
November 20, 2020 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)
November 20, 2020 ***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)
November 19, 2020 Filing 4 NOTICE OF APPEARANCE by Deborah Anne Elsasser on behalf of Warwick Valley Pilots Associates, Inc...(Elsasser, Deborah)
November 19, 2020 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Warwick Valley Pilots Associates, Inc...(Elsasser, Deborah)
November 19, 2020 Filing 2 CIVIL COVER SHEET filed..(Elsasser, Deborah)
November 19, 2020 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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Defendant: Warwick Valley Pilots Associates, Inc.
Represented By: Deborah Anne Elsasser
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Defendant: John Doe
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Alternative dispute resolution (adr) provider: John Doe (true name unknown but intended to be the current renter of Hangar 10-2)
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Plaintiff: William A Tyndall
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