Reed, et al v. Marvin Lumber & Cedar Co., LLC et al
| BRITTNEY REED, as Administratrix of the Estate of JOSEPH REED, Deceased, BRITTNEY REED, Individually and Brittney Reed |
| MARVIN LUMBER & CEDAR CO., LLC, INTERSTATE + LAKELAND LUMBER CORPORATION, TRAMEC HOLDINGS LLC d/b/a TRAMEC LLC, SCHNEIDER NATIONAL CARRIERS, INC. and Tramec Holdings LLC doing business as Tramec LLC |
| 7:2022cv09701 |
| November 14, 2022 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity Action |
| None |
Docket Report
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| Document Text |
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| Mailed a copy of #4 Order to Brittney Reed at 87 South Cherry Street, Poughkeepsie, NY 12601. (kh) |
| 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 1007 393 9 on 11/17/2022. (jca) |
Filing 4
ORDER Based upon the foregoing, the Court concludes that Marvin failed to satisfy its burden of establishing that complete diversity of jurisdiction exists and 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 Dutchess. 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 Dutchess, and to close this case. SO ORDERED. (Signed by Judge Philip M. Halpern on 11/16/2022) (jca) Transmission to Docket Assistant Clerk for processing.
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| Case Designated ECF. (sj) |
| 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. (sj) |
| 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..(sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Devon Charles Holstad. The party information for the following party/parties has been modified: BRITTNEY REED, as Administratrix of the Estate of JOSEPH REED, Deceased, BRITTNEY REED, Individually, MARVIN LUMBER & CEDAR CO., LLC, INTERSTATE + LAKELAND LUMBER CORPORATION, TRAMEC HOLDINGS LLC d/b/a TRAMEC LLC, SCHNEIDER NATIONAL CARRIERS, INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party type was entered incorrectly. (sj) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Marvin Companies, Inc. for MARVIN LUMBER & CEDAR CO., LLC. Document filed by MARVIN LUMBER & CEDAR CO., LLC..(Holstad, Devon) |
| Filing 2 CIVIL COVER SHEET filed..(Holstad, Devon) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Dutchess. Case Number: 2022-53276. (Filing Fee $ 402.00, Receipt Number ANYSDC-26956467).Document filed by MARVIN LUMBER & CEDAR CO., LLC. (Attachments: #1 Exhibit 1 Original Summons and Complaint, #2 Exhibit 2 Amended Complaint, #3 Exhibit 3 Supplemental Summons, #4 Exhibit 4 State Court Docket Sheet and copies of stte court filings, #5 Exhibit 5 Declaration of Devon Holstad).(Holstad, Devon) |
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