Garcia v. Wal-Mart Stores East, LP
| David Garcia |
| Wal-Mart Stores East, LP |
| 7:2022cv00725 |
| January 27, 2022 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1442 nr |
| Defendant |
Docket Report
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This docket was last retrieved on January 31, 2022. A more recent docket listing may be available from PACER.
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Filing 5
ORDER: Based upon the foregoing, the Court concludes that Defendant failed to satisfy its burden of establishing that the amount in controversy exceeds $75,000. Removal is therefore improper. Accordingly, this action is REMANDED to the Supreme Court of the State of New York, County of Westchester. The Clerk of the Court is respectfully directed to send a copy of this Order to the Supreme Court of the State of New York, County of Westchester, and to close this action. All pending matters are hereby terminated. SO ORDERED. (Signed by Judge Philip M. Halpern on 1/31/2022) (jca) 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 Westchester. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1z e22 e53 37 1005 445 0 on 1/31/2022. (jca) |
| Case Designated ECF. (pc) |
| 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. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Philip M. Halpern. 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..(pc) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate WALMART INC., Other Affiliate Wal-Mart De Mexico, Other Affiliate Seiyu for Wal-Mart Stores East, LP. Document filed by Wal-Mart Stores East, LP..(O'Connor, Joseph) |
| Filing 3 DEMAND for Trial by Jury. Document filed by Wal-Mart Stores East, LP.(O'Connor, Joseph) |
| Filing 2 CIVIL COVER SHEET filed..(O'Connor, Joseph) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 67676/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25647856).Document filed by Wal-Mart Stores East, LP. (Attachments: #1 Exhibit A-Summons and Complaint and Verified Answer, #2 Exhibit B-Summons and Complaint).(O'Connor, Joseph) |
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| Plaintiff: David Garcia | |
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| Defendant: Wal-Mart Stores East, LP | |
| Represented By: | Joseph O'Connor |
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