Garben v. MedAllies, Inc. et al
| Thomas Garben |
| MedAllies, Inc., John A Blair, Bruce Schreiber, Ethan Yehud, Meredith Stein, George Hickman, Leslie Kelly Hall, John Blair III and F.A.C.S Bruce Schreiber |
| 7:2022cv01190 |
| February 11, 2022 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 ed Petition for Removal - Employment Discrim |
| Plaintiff |
Docket Report
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Filing 19
ORDER granting #15 Motion to Remand to State Court. Accordingly, the motion to remand is GRANTED. Section 1441(b)(2) provides: "A civil action otherwise removable solely on the basis of the jurisdiction under [28 U.S.C. 1332(a)] may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought." In the Notice of Removal, as well in defense counsel's letter in opposition to the motion, defendants concede that at the time the case was removed based on diversity jurisdiction under Section 1332(a), several of the defendants-all of whom are represented by the same counsel were citizens of New York. (Docs. #1, 18). Defense counsel contends plaintiff engaged in bad faith to prevent defendants from removing the case to federal court. The Court is not persuaded by any of defense counsel's speculative arguments, and, of course, defendants did remove the case to federal court. The bottom line is that several of the defendants are citizens of New York, and the action was brought in New York. Therefore, the forum defendant rule bars the removal of the action to this Court. In an exercise of its discretion, the Court declines to award costs and expenses incurred as a result of the removal. See 28 U.S.C. 1446(c). The Clerk is instructed to terminate the motion. (Doc. #15). The Clerk is further instructed to remand this case to Supreme Court, Dutchess County, and close the case. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/18/2022) (mml) Transmission to Docket Assistant Clerk for processing.
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| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 4/18/2022.(ah) |
| 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 Dutchess. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 37 1005 413 8 on 3/18/2022. (mml) |
| Filing 18 LETTER RESPONSE in Opposition to Motion addressed to Judge Vincent L. Briccetti from Michael A. Frankel dated 03/17/2022 re: #15 FIRST MOTION to Remand to State Court . . Document filed by John Blair III, Leslie Kelly Hall, George Hickman, MedAllies, Inc., Bruce Schreiber, Meredith Stein, Ethan Yehud. (Attachments: #1 Exhibit Verified Complaint, #2 Exhibit Communications with Plaintiff's counsel, #3 Exhibit Communication from Plaintiff's counsel re Plaintiff's residence, #4 Exhibit Affidavits).(Frankel, Michael) |
| Filing 17 FIRST LETTER addressed to Judge Vincent L. Briccetti from Anthony D. Grande, Esq. dated March 14, 2022 re: Courtesy Copy. Document filed by Thomas Garben..(Grande, Anthony) |
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Filing 16
ORDER: On March 11, 2022, pursuant to 28 U.S.C. 1441(b)(2) and 1447(c), plaintiff moved to remand this case to State court and for the imposition of costs and expenses, including attorney fees. (Doc. #15). By March 18, 2022, defense counsel shall respond by letter, not to exceed three pages in length, to the motion. The initial conference scheduled for March 18, 2022, is adjourned without date. SO ORDERED. (Responses due by 3/18/2022.) (Signed by Judge Vincent L. Briccetti on 3/14/2022) (mml)
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| Filing 15 FIRST MOTION to Remand to State Court . Document filed by Thomas Garben. (Attachments: #1 Garben Certification, #2 Exhibit Exh. A to Garben Cert, #3 A. Grande Certification, #4 Exhibit Exh. A to Grande Cert., #5 Exhibit Exh. B to Grande Cert., #6 Exhibit Exh. C to Grande Cert., #7 Exhibit Exh. D to Grande Cert., #8 Exhibit Exh. E to Grande Cert., #9 Exhibit Exh. F to Grande Cert., #10 Memo of Law, #11 Affidavit Affidavit of Service).(Grande, Anthony) |
| Filing 14 PROPOSED SCHEDULING ORDER. Document filed by John Blair III, Leslie Kelly Hall, George Hickman, MedAllies, Inc., Bruce Schreiber, Meredith Stein, Ethan Yehud..(Sethi, Poonam) |
| Filing 13 NOTICE OF APPEARANCE by Anthony Daniel Grande on behalf of Thomas Garben..(Grande, Anthony) |
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Filing 12
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the court, Plaintiff Thomas Garben substitutes Anthony D. Grande as counsel of record in place of Antonio M. Ocasio. The substitution of attorney is hereby approved and so ORDERED. (Signed by Judge Vincent L. Briccetti on 3/02/2022) (ama)
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| Filing 11 DEMAND for Trial by Jury. Document filed by Thomas Garben.(Grande, Anthony) |
| Filing 10 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Thomas Garben..(Grande, Anthony) |
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Filing 9
ORDER: By 3/11/2022, counsel shall complete and file on the ECF docket their proposed Civil Case Discovery Plan and Scheduling Order. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (jsy)
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| Filing 8 NOTICE OF INITIAL CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR A TELEPHONIC INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on 3/18/2022 at 12:00p.m. All counsel and/or parties shall use the following information to appear at the conference by telephone: Dial-In Number: (888) 363-4749 (toll free) or (215) 446-3662 Access Code: 1703567. Initial Conference set for 3/18/2022 at 12:00 PM before Judge Vincent L. Briccetti. Telephone Conference set for 3/18/2022 at 12:00 PM before Judge Vincent L. Briccetti. (mml) |
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Filing 7
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 2/28/2022. (Signed by Judge Loretta A. Preska on 10/1/2015) (jpt)
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| Filing 6 ANSWER to Complaint. Document filed by John Blair III, Leslie Kelly Hall, George Hickman, MedAllies, Inc., Bruce Schreiber, Meredith Stein, Ethan Yehud..(Frankel, Michael) |
| Filing 5 CIVIL COVER SHEET filed..(Frankel, Michael) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by John A Blair, Leslie Kelly Hall, George Hickman, MedAllies, Inc., Bruce Schreiber, Meredith Stein, Ethan Yehud..(Frankel, Michael) |
| Filing 3 NOTICE OF APPEARANCE by Poonam Sethi on behalf of John A Blair, Leslie Kelly Hall, George Hickman, MedAllies, Inc., Bruce Schreiber, Meredith Stein, Ethan Yehud..(Sethi, Poonam) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael A. Frankel. The party information for the following party/parties has been modified: John A Blair, Bruce Schreiber, Ethan Yehud. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (pc) |
| 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..(pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael A. Frankel to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple citizenships for the defendant were selected. Choose one for the first listed defendant. (pc) |
| Magistrate Judge Paul E. Davison 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) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Frankel, Michael) Modified on 2/14/2022 (pc). |
| Filing 1 NOTICE OF REMOVAL from Supreme, County of Diutchess. Case Number: 2021-54380. (Filing Fee $ 402.00, Receipt Number ANYSDC-25721614).Document filed by Meredith Stein, John A Blair, George Hickman, MedAllies, Inc., Leslie Kelly Hall, Bruce Schreiber, Ethan Yehud. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Stipulation of Discontinuance, #3 Exhibit C - Plaintiff's address change).(Frankel, Michael) |
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